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

; It i>iu£.feX 



LIBRARY 
UNIVERSITY OF KENTUCKY 



¥'« 



ACTS 



RESOLVES 



PASSED BY THE 



general OjJ.aurt of ^Hassadutsctts, 



IN THE YEAR 



1875, 

TOGETHER WITH 

THE CONSTITUTION, THE MESSAGES OF THE GOVERNOR, 

LIST OF THE CIVIL GOVERNMENT, CHANGES 

OF NAMES OF PERSONS, 

Etc., Etc., Etc. 



PUBLISHED BY THE 

SECRETARY OF THE COMMONWEALTH. 




BOSTON : 

WRIGHT & POTTER, STATE PRINTERS, 
79 Milk Street (corner of Federal). 

1875. 



A CONSTITUTION 



FORM OF GOVERNMENT 



(Commonfoealti} of fHassacfjusetts* 



PREAMBLE. 

The end of the institution , maintenance and administra- objects of gov- 
tion of government, is to secure the existence of the body 
politic, to protect it, and to furnish the individuals who 
compose it with the power of enjoying, in safety and tran- 
quillity, their natural rights, and the blessings of life : and 
whenever these great objects are not obtained, the people 
have a right to alter the government, and to take measures 
necessary for their safety, prosperity and happiness. 

The body politic is formed by a voluntary association of *°* 7 { ^££ 
individuals: it is a social compact, by which the whole its nature. 
people covenants with each citizen, and each "citizen with 
the whole people, that all shall be governed by certain laws 
for the common good. It is the duty of the people, there- 
fore, in framing a constitution of government, to provide 
for an equitable mode of making laws, as well as for an im- 
partial interpretation and a faithful execution of them ; that 
every man may, at all times, find his security 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 peaceably, without 
fraud, violence or surprise, of entering intojm original, ex- 
plicit and solemn compact with each other ; and of forming 



4 



CONSTITUTION OF THE 



a new constitution of civil government for ourselves and 
posterity ; and devoutly imploring his direction in so inter- 
esting a design, do agree upon, ordain and establish the fol- 
lowing Declaration of Rights and Frame of Government, as 
the Constitution of the Commonwealth of Massachu- 
setts. 



Equality and 
natural rights 
of all men. 



Right and duty 
of public relig- 
ious worship. 



Protection 
therein. 



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 
Supkeme 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. 

Amendment, [III.* As the happiness of a people, and the good order and preser- 

stitute^foVuiifl. va & on °f Givil government, essentially depend upon piety, religion and 
morality ; and as these cannot be generally diffused through a com- 
munity, but by the institution of the public worship of God, and of 
Legislature em- public instructions in piety, religion and morality ; Therefore, to pro- 
pe\"pTovis?on°for m °t e their happiness, and to secure the good order and preservation 
public worship; of their Government, the people 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 portions of articles, in some instances confined to a sentence 
or single word, are covered by brackets, but allowed to stand in type 
uniform with the matter still in force. 



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, * n ^, t0 c "-'°' n . at " 
invest their legislature with authority to enjoin upon all the subjects ™ aUCe 
an attendance upon the instructions of the public teachers aforesaid, 
at stated times and seasons, if there be any on whose instructions they 
can conscientiously and conveniently attend. 

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

And .-ill mi >neys, paid by the subject, to the support of public worship, option as to 
and of the public teachers aforesaid, shall, if he require it, be uniformly ^xes^nav'te 131 
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 instruc- 
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- ^oiis^eqi^Uv" 
ably, and as good subjects of the Commonwealth, shall be equally protected, 
under the protection of the law : and no subordination of any one sect Subordination 
or denomination to another shall ever be established by law.] ano°ner S pro-° 

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

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

V. All power residing originally in the people, and Accountability 
being derived from them, the several magistrates and offi- ofallofiicers > &c * 
cers of government, vested with authority, whether legis 

lativc, executive or judicial, arc their substitutes and agents 
and are at all times accountable to them. 

VI. IS T o man, nor corporation or association of men, have services ren. 
any other title to obtain advantages, or particular and ex- puwfcbdngthe 
elusive privileges, distinct from those of the community, pecuifarprrvi. 
than what arises from the consideration of services ren- f eges ' Jfredi- 

-i -, , .,. II- • i i • • tal 'y °niccs are 

acred to the public ; and this title being in nature neither absurd and un- 
hereditary, nor transmissible to children or descendants, 
or relations by blood, the idea of a man born a magistrate, 
lawgiver or judge, is absurd and unnatural. 

VII. Government is instituted for the common good ; objects of gov- 

~ . . O t ernment; right 

lor the protection, safety, prosperity and happiness of the of people to 
people ; and not for the profit, honor or private interest of change e it. an 
any one man, family or class of men : Therefore the people 
alone have an incontestable, unalienable and indefeasible 
right to institute government ; and to reform, alter or totally 
change the same, when their protection, safety, prosperity 
and happiness require it. 



CONSTITUTION OF THE 



Eight of people 
to secure rota- 
tion in office. 



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



Right of protec- 
tion and duty of 
contribution 
correlative. 



Taxation found- 
ed on consent. 



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

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



Prosecutions 
regulated. 



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

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

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

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

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



COMMONWEALTH OF MASSACHUSETTS. 7 

And the legislature shall not make any law that shall Right to trial by 

O .,,.-•' • . j jury, in criminal 

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

XIII. In criminal prosecutions, the verification of facts, crimes to be 

,. .... i ,i i • /• ji a. i. proved in the 

in the vicinity where they happen, is one ot the greatest vicinity. 
securities of the life, liberty and property of the citizen. 

XIV. Every subject has a right to be secure from all Seizure r™£ 
unreasonable searches and seizures of his person, his ulated - 
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 cept, &c ,ex 
in which it has heretofore been otherways used and 
practised, the parties have a right to a trial by jury ; and 

this method of procedure shall be held sacred, unless, in 
causes arising on the high seas, and such as relate to 
mariners' wages, the legislature shall hereafter find it 
necessary to alter it. 

XVI. The liberty of the press is essential to the secur- Liberty of the 
ity of freedom in a State : it ought not, therefore, to be prei 
restrained in this Commonwealth. 

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

,. .. -in » -1 • j • n and bear arms. 

arms tor the common defence. And as, in time ot peace, standing armies 
armies are dangerous to liberty, they ought not to be dau s erous - 
maintained without the consent of the legislature; and Military power 

j) •!•> ini Till- j. i subordinate to 

the military power shall always be held in an exact sub- cmi. 
ordination to the civil authority, and be governed by it. 

XVIII. A frequent recurrence to the fundamental t^nsforTacef" 
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 officers 
and representatives : and they have a right to require of uo°ns 1 of b iaw" 
their lawgivers and magistrates, an exact and constant ob- ^gktrates. 



8 CONSTITUTION OF THE 

scrvance of them, in the formation and execution of the 
laws necessary for the good administration of the Com- 
monwealth. 
Right of people XIX. The people have a right, in an orderly and 
rcscntatives and peaceable manner, to assemble to consult upon the com- 
petition egis . mon g OOC |. give instructions to their representatives, and to 
request of the legislative body, by the way of addresses, 
petitions or remonstrances, redress of the wrongs done 
them, and of the grievances they suffer. 
Power to bus- XX. The power of suspending the laws, or the execu- 
thelr execution! tioii of the laws, ought never to be exercised but by the 
legislature, or by authority derived from it, to be exercised 
in such particular cases only as the legislature shall ex- 
pressly provide for. 
Freedom of de- XXI. The freedom of deliberation, speech and debate, 
reason thereof, in either house of the legislature, is so essential to the 
rights of the people, that it cannot be the foundation of 
any accusation or prosecution, action or complaint, in any 
other court or place whatsoever. 
Frequent ses- XXII. The legislature ought frequently to assemble 
Jects S 'thereof. " for the redress of grievances, for correcting, strengthen- 
ing and confirming the laws, and for making new laws, as 
the common good may require. 
Taxation found- XXIII. No subsidy, charge, tax, impost or duties 
ed on consent. onght to be established> fixedj la i c ] 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 
laws prohibited. the exigtence of guch laws? and wnicu bave llot be en de- 
clared crimes by preceding laws, are unjust, oppressive 
and inconsistent with the fundamental principles of a free 
government. 
Legislature not XXV. No subject ought, in any case, or in any time, 
teeas°o n n?&c.° to be declared guilty of treason or felony by the legisla- 
ture. 
Excessive bail XXVI. No magistrate or court of law shall demand 
crueiTuni'shl excessive bail or sureties, impose excessive fines, or inflict 
Stated. 510 " cruel or unusual punishments. 

No soldier to he XXVII. In time of peace, no soldier ought to be 
house! r uniess, ny quartered in any house without the consent of the owner ; 
&c - and in 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 person can in any case be subjected to 
uXuntos?&c. law-martial, or to any penalties or pains, by virtue of that 



COMMONWEALTH OF MASSACHUSETTS. 9 

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

XXIX. It is essential to the preservation of the rights Judges of su- 
of every individual, his life, liberty, property and charac- court? JU w 
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 diciaiand'i'egis. 
and judicial powers, or either of them : the executive shall ments. depalt ' 
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. 



PART 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 P ° l °" 
mutually agree with each other, to form themselves into a 
free, sovereign and independent body politic or State, by 
the name of The Commonwealth of Massachusetts. 



CHAPTER I. 

THE LEGISLATIVE POWEE. 

Section I. 

The General Court. 

Aet. I. The department of legislation shall be formed Legislative d* 
by two branches, a Senate and House of Representatives ; par 
each of which shall have a negative on the other ; 

2 



10 



CONSTITUTION OF THE 



See amend- 
ments, Art. X. 



Governor's veto. 



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



See amend- 
ments, Art. I. 



General court 
may constitute 
judicatories, 
courts of record, 
fee. 



Courts, &c, may 

administer 

oaths. 



The legislative body [shall assemble every year on the 
last Wednesday in May, and at such other times as they 
shall judge necessary ; and shall dissolve and be dissolved 
on the day next preceding the said last Wednesday in 
May ; and] shall be styled, The General Court of 
Massachusetts . 

II. No bill or resolve of the senate or house of repre- 
sentatives shall become a law, and have force as such, 
until it shall have been laid before the governor for his 
revisal ; and if he, upon such revision, approve thereof, he 
shall signify his approbation by signing the same. But if 
he have any objection to the passing of such bill or resolve, 
he shall return the same,, together with his objections 
thereto, in writing, to the senate or house of representa- 
tives, in whichsoever the same shall have originated, who 
shall enter the objections sent down by the governor, at 
large, on their records, and proceed to reconsider the said 
bill or resolve ; but if, after such reconsideration, two- 
thirds of the said senate or house of representatives shall, 
notwithstanding the said objections, agree to pass the 
same, it shall, together with the objections, be sent to the 
other branch of the legislature, where it shall also be re- 
considered, and if approved by two-thirds of the members 
present, shall have the force of a law : but in all such 
cases, the votes of both houses shall be determined by 
yeas and nays ; and the names of the persons voting for 
or against the said bill or resolve, shall be entered upon 
the public records of the Commonwealth. 

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

III. The general court shall forever have full power 
and authority to erect and constitute judicatories and courts 
of record, or other courts, to be held in the name of the 
Commomvealth, for the hearing, trying and determining 
of all manner of crimes, offences, pleas, processes, plaints, 
actions, matters, causes and things, whatsoever, arising or 
happening within the Commonwealth, or between or con- 
cerning persons inhabiting or residing, or brought within 
the same ; whether the same be criminal or civil, or whether 
the said crimes be capital or not capital, and whether the 
said pleas be real, personal or mixed ; and for the award- 
ing and making out of execution thereupon : to which 
courts and judicatories are hereby given and granted full 



COMMONWEALTH OF MASSACHUSETTS. 11 

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

IV. And further, full power and authoring are hereby General court 

t t,,i>t i l V j • j. rna y enact laws, 

given and granted to the said general court, irom time to &c, 
time, to make, ordain and establish all manner of wholesome 
and reasonable orders, laws, statutes and ordinances, direc- 
tions and instructions, cither with penalties or without, so 
as tiic same be not repugnant or contrary to this constitu- not repugnant to 
tion, as they shall judge to be for the good and welfare of 
this Commonwealth, and for the government and ordering 
thereof, and of the subjects of the same, and for the neces- 
sary support and defence of the government thereof ; and to 
name and settle annually, or provide by fixed laws, for the may provide &* 
naming and settling, all civil officers within the said Com- appointment of 
monwealth, the election and constitution of whom are not ° mcers ; 
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 aDdex- 
upon any produce, goods, wares, merchandise and com- clses ' 
modities whatsoever, brought into, produced, manufac- 
tured, or being within the same; to be issued and dis- to be disposed 
posed of by warrant, under the hand of the governor of pVotection, D &e. 
this Commonwealth, for the time being, with the advice 
and consent of the council, for the public service, in the 
necessary defence and support of the government of the 
said Commonwealth, and the protection and preservation 
of the subjects thereof, according to such acts as are or 
shall be in force within the same. 

And while the public charges of government, or any valuation of eb- 
part thereof, shall be assessed on polls and estates, in the /ears^atleaet™ 
manner that has hitherto been practised, in order that such whlle ' &c> 
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 oftencr as 
the general court shall order. 



12 



CONSTITUTION OF THE 



CHAPTER I. 
Section II. 



Senate, number 
of, andbywhom 
elected. 

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



Counties to be 
districts, until, 
&c. 

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



Manner and 
time of choosing 
senators and 
councillors. 

See amend- 
ments, Arts. 

ii., x., xrv. 

and XV. 



See amend- 
ments.Arts.m.. 
XX., XXHI. 
and XXIV. 



"Word "inhabi- 
tant" defined. 



Senate. 

[Art. I. There shall be annually elected, by the freeholders and 
other inhabitants of thisComtaonwealth,qualified as in this constitution 
is provided, forty persons to be councillors and senators, for the year 
ensuing their election ; to be chosen by the inhabitants of the districts, 
into Which the Commonwealth may, from time to time, be divided by 
the general court for that purpose : and the general court, in assigning 
the numbers to be elected by the respective districts, 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, lie 
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 following 
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 Commonwealth, to be 
called by the selectmen, and warned in due course of law, 
at least seven days before the first Monday in April, for 
the purpose of electing persons to be senators and coun- 
cillors ; and at such meetings every male inhabitant of 
twenty-one years of age and upwards, having a freehold 
estate, within the Commonwealth, of the annual income of 
three pounds, or any estate of the value of sixty pounds, 
shall have a right to give in his vote for the senators for 
the district of which he is an inhabitant.] And to remove 
all doubts concerning the meaning of the word "inhab- 
itant,*' in this constitution, every person shall be considered 
as an inhabitant, for the purpose of electing and being 
elected into any office or place within this State, in that 
town, district or plantation where he dwelleth or hath his 
home. 



COMMONWEALTH OF MASSACHUSETTS. 13 



;town 



The selectmen of the several towns shall preside at such Selectmen to 

• 11 i i 11 • j^i n n ji presideattow 

meetings impartially, and shall receive the votes ot all tlie meetings. 
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 fair 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 Sec amend- 
superscription expressing the purport of the contents m 
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- JSJSJ™^ 
ificd as this constitution provides, who are or shall be piantatkms.who 

n . -, . , ,i i pay Kt;ite tuxes, 

empowered and required to assess taxes upon themselves may vote. 
toward the support of the government, shall have the same 
privilege of voting for councillors and senators, in the 
plantations where they reside, as town inhabitants have in 
their respective towns ; and the plantation meetings for plantation meet- 
that purpose shall be held, annually, [on the same first gj?" amend. 
Monday in April,] at such place in the plantations, re- ment8 » Art - x - 
spectively, as the assessors thereof shall direct; which Assessors to 
assessors shall have like authority for notifying the elect- notif y ,&c 
ors, collecting and returning the votes, as the selectmen 
and town clerks have in their several towns, by this con- 
stitution. And all other persons living in places unincor- 
porated, (qualified as aforesaid,) who shall be assessed to 
the support of government, by the assessors of an adja- 
cent town, shall have the privilege of giving in their votes 
for councillors and senators, in the town where they shall 
be assessed, and be notilied 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- anwUdcount 
ernor, with five of the council, for the time being, shall, Ju^ n S e 8 l ssue 
as soon as may be, examine the returned copies of such 



14 



CONSTITUTION OF THE 



See amend, 
nients, Art. X. 



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



See amend- 
ments, Arts. 
X..X1V. and 
XXIV. 

Vacancies, how 
filled. 



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



Senate not to ad- 
journ more than 
two days. 



records ; and fourteen days before the said day, he shall 
issue his summons to such persons as shall appear to be 
chosen by a majority of voters, to attend on that day, and 
take their seats accordingly ; [provided, nevertheless, 
that for the first year, the said returned copies shall be 
examined by the president and five of the council of the 
former constitution of government ; and the said president 
shall, in like manner, issue his summons to the persons so 
elected, that they may take their seats as aforesaid.] 

IV. The senate shall be the final judge of the elections, 
returns and qualifications of their own members, as pointed 
out in the constitution ; and shall, on the said [last Wednes- 
day in May,] annually, determine and declare who are 
elected by each district to be senators, [by a majority of 
votes : and in case there shall not appear to be the full 
number of senators returned, elected by a majority of 
votes, for any district, the deficiency shall be supplied in 
the following manner, viz. : The members of the house of 
representatives, and such senators as shall be declared 
elected, shall take the names of such persons as shall be 
found to have the highest number of votes in such district, 
and not elected, amounting to twice the 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, within this Commonwealth, 
of the value of three hundred pounds at least, or pos- 
sessed of personal estate of the value of six hundred 
pounds at least, or of both to the amount of the same 
sum, and] who has not been an inhabitant of this Com- 
monwealth for the space of five years immediately pre- 
ceding his election, and, at the time of his election, he 
shall be an inhabitant in the district for which he shall be 
chosen. 

VI. The senate shall have power to adjourn themselves ; 
provided such adjournments do not exceed two days at a 
time. 



COMMONWEALTH OF MASSACHUSETTS. 15 

VII. The senate shall choose its own president, appoint Shall choose us 
its own officers, and determine its own rules of proceed- tabush its rules. 
ings. 

VIII. The senate shall be a court with full authority ^l*^ *" im ' 
to hear and determine all impeachments made by the 

house of representatives, against any officer or officers of 

the Commonwealth, for misconduct and mal-administratiou 

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

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 iudg- Limitation of 

sentence 

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

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



CHAPTER I. 
Section HI. 

House of Representatives. 

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

[II. And in order to provide for a representation of the citizens of Representa. 
this Commonwealth, founded upon the principle of equality, every cor- chosen. y Wh ° m 
porate town, containing one hundred and fifty ratable polls, may elect 
one representative ; every corporate town containing three hundred 
and seventy-five ratable polls, may elect two representatives ; every See amend- 
corporate town, containing six hundred ratable polls, may elect three ™™ ts >jy' t8 « 
representatives ; and proceeding in that manner, making two hundred and'xxi. ' 
and twenty-five ratable polls the mean increasing number for every 
additional representative. 

Provided, nevertheless, that each town now incorporated, not hav- Proviso as to 
ing one hundred and fifty ratable polls, may elect one representative ; |' own ? ha Y" g 
but no place shall hereafter be incorporated with the privilege of rataMepoiis. 
electing a i-epresentative, unless there are within the same one "hun- 
dred and fifty ratable polls.] 

And the house of representatives shall have power, from Towns liable to 
time to time, to impose fines upon such towns as shall neglect fine in case ' &c * 
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. Xni., 
XIV. and XXI. 



Qualifications of 
a voter. 



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



House to origi- 
nate all money 
bills. 



Not to adjourn 
more than two 
days at a time. 



Quorum. 
See amend- 
ments, Art. 
XXI. 

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



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 pounds, within the town he shall be chosen 
to represent, or any ratable estate to the value of two hun- 
dred pounds ; and lie shall cease to represent the said town, 
immediately on his ceasing to be qualified as aforesaid.] 

[IV. Every male person being twenty-one years of 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 m g^{^ e g ? of 
arrested, or held to bail on mean process, during his going 
unto, return from, or his attending, the general assembly. 

XI. The senate shall have the same powers in the like seuate. 
cases ; and the governor and council shall have the same Governor and 
authority to punish in like cases : provided, that no im- pu" u \ C b! may 
prisonment, on the warrant or order of the governor, coun- General nmita. 
cil, senate or house of representatives, for either of the 
above described offences, be for a term exceeding thirty 
days. 

And the senate and house of representatives may try and Trial may be by 

-, . ,-, . i • • -i -1-M committee, or 

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



* CHAPTER II. 

EXECUTIVE POWER. 

Section I. 

Governor. 

Art. I. There shall be a supreme executive magistrate, Governor. 
who shall be styled — The Governor of the Common- ms title. 
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 annual 'y- 
election, he shall have been an inhabitant of this Common- Qualifications. 
wealth for seven years next preceding ; and unless he shall, 
at the same time, be seised, in his own right, of a freehold, 
within the Commonwealth, of the value of one thousand 
pounds ; [and unless he shall declare himself to be of the see amend- 
Christian religion. ] mcnts * Art VIL 

[III. Those persons who shall be qualified to vote for senators and By whom 
representatives, within the several towns of this Commonwealth, shall, Jjav^a majority 
at a meeting to be called for that purpose, on the first Monday of April, f votes/ 
3 



18 



CONSTITUTION OF THE 



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



How chosen, 
when no person 
has a majority. 



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



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

IV. The governor shall have authority, from time to 
time, at his discretion, to assemble and call together the 
councillors of this Commonwealth for the time being ; and 
the governor, with the said councillors, or five of them, at 
least, shall, and may, from time to time, hold and keep a 
council, for the ordering and directing the affairs of the 
Commonwealth, agreeably to the constitution and the laws 
of the land. 

V. The governor, with advice of council, shall have 
full power and authority, during the session of the general 
court, to adjourn or prorogue the same at any time the 
two houses shall desire ; [and to dissolve the same on the 
day next preceding the last Wednesday in May ; and, in 
the recess of the said court, to prorogue the same from time 
to time, not exceeding ninety days in any one recess ;] and 
to call it together sooner than the time to which it may be 
adjourned or prorogued, if the w-elfare of the Common- 
wealth shall require the same ; and in case of any infectious 
distemper prevailing in the place where the said court is 
next at any time to convene, or any other cause happening, 
w T hereby danger may arise to the health or lives of the 
members from their attendance, he may direct the session 
to be held at some other the most convenient place within* 
the State. 

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

ments, Art. x. next p rece( ji n g t h e last Wednesday in May.] 



May adjourn or 
prorogue the 
general court 
upon request, 
and convene the 
6ame. 

See amend- 
ments, Art. X. 



COMMONWEALTH OF MASSACHUSETTS. 19 

VI. In cases of disagreement between the two houses, Governor and 
with regard to the necessity, expediency or time of adjourn- journ the gen- 
ment or prorogation, the governor, with advice of the cases?°&c. 5 but 
council, shall have a right to adjourn or prorogue the gen- nliL'ty'days. 18 
eral 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 chief. iandw ' ia 
navy, and of all the military forces of the State, by sea and 

land ; and shall have full power, by himself, or by any com- 
mander, or other officer or officers, from time to time, to 
train, instruct, exercise and govern the militia and navy ; 
and, for the special defence and safety of the 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 well by sea as by land, within 
or without the limits of this Commonwealth, and also to 
kill, slay and destroy, if necessary, and conquer, by all fit- 
ting 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 be granted to him by the legisla- 
ture, transport any of the inhabitants of this Common- 
wealth, or oblige them to march out of the limits of the 
same, without their free and voluntary consent, or the con- 
sent of the general court ; except so far as may be neces- 
sary to march or transport them by land or water, for the 



20 



CONSTITUTION OF THE 



Governor and 
council may par. 
don offences, 
except, &c. 

But not before 
conviction. 



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



Militia officers, 
how elected. 



Bee amend- 
ments, Art. V. 



How commis- 
sioned. 



Election of 
officers. 



Ma.jor-trenerals, 
how appointed 

mmis- 
sioned. 

Vacancies, how 
tilled, in ease, 
ice. 



Officers duly 
commissioned, 

how removed. 
See amend- 
ments, Ait. 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 be convicted of before the senate, by an im- 
peachment of the house, shall be in the governor, by and 
with the advice of council ; but no charter or pardon, 
granted by the governor, with advice of the council, be- 
fore conviction, shall avail the party pleading the same, 
notwithstanding 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 age 
and upwards ;] the field officers of regiments shall be elected 
by the written votes of the captains and subalterns of their 
respective regiments ; the brigadiers shall be elected, in like 
manner, by the field officers of their respective brigades ; 
and such officers, so elected, shall be commissioned by the 
governor, who shall determine their rank. 

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

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

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

[And no officer, duly commissioned to command in the militia, shall 
be removed from his office, but by the address of both houses to the 
governor, or by fair 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 governor with advice of council, shall appoint all Army officers 
officers of the continental army, whom by the confederation 
of the United States it is provided that this Commonwealth 
shall appoint, — as also all officers of forts and garrisons. 

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

XL 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 cept ' &c 
or treasurer's notes, or for the payment of interest arising 
thereon,) but by warrant under the hand of the governor 
for the time being, with the advice and consent of the coun- 
cil, for the necessary defence and support of the Common- 
wealth, and for the protection and preservation of the 
inhabitants thereof, agreeably to the acts and resolves of 
the general court. 

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

1 ' . i° . i aud certain ofli- 

superintending officers ot public magazines and stores, be- cerstomake 
longing to this Commonwealth, and all commanding officers turn S . er y re 
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 quantity, 
number, quality and kind of each, as particularly as may 
be ; together with the condition of such forts and garri- 
sons ; and the said commanding officer shall exhibit to the 
governor, when required by him, true and exact plans of 
such forts, and of the land and sea, or harbor or harbors, 
adjacent. 

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

XIII. As the public good requires that the governor salary of gov- 
should not be under the undue influence of any of the mem- "* 
bers of the general court, by a dependence on them for his 
support — that he should, in all cases, act with freedom for 
the benefit of the public — that he should not have his atten- 
tion necessarily diverted from that object to his private 



eruor. 



2% 



CONSTITUTION OF THE 



Salaries of jus- 
tices of supreme 
judicial court. 

Salaries to be 
enlarged, if in- 
su&eient. 



concerns — and that he should maintain the dignity of the 
Commonwealth in the character of its chief magistrate — it 
is necessary that he should have an honorable stated salary, 
of a fixed and permanent value, amply sufficient for those 
purposes, and established by standing laws : and it shall 
be among the first acts of the general court, after the com- 
mencement of this constitution, to establish such salary by 
law accordingly. 

Permanent and honorable salaries shall also be estab- 
lished by law for the justices of the supreme judicial court. 

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



CHAPTER II. 
Section II. 



LierKwiant-gov. 
ernor ; liis title 
and qualifica- 
tions. 



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



How-* ho Ben. 



President of 
council. 

Lieutenant-gov- 
ernor a Hi' lulu r 
of, OKCt-'pt, &c. 



Lieutenant-gov- 
ernor to !>< act. 
ing governor, in 
case, Sec. 



Lieutenant - Governor. 

Aet. I. There shall be annually elected a lieutenant- 
governor of the Commonwealth of Massachusetts, whose 
title shall be — His Honor ; and who shall be qualified, in 
point of religion, property, and residence in the Common- 
wealth, in the same manner with the governor ; and the day 
and manner of his election, and the qualifications of the 
electors, shall be the same as are required in the election of 
a governor. The return of the votes for this officer, and 
the declaration of his election, shall be in the same manner ; 
[and if no one person shall be found to have a majority of 
all the votes returned, the vacancy shall be filled by the 
senate and house of representatives, in the same manner as 
the governor is to be elected, in case no one person shall 
have a majority of the votes of the people to be governor.] 

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

III. Whenever the chair of the governor shall be vacant, 
by reason of his death, or absence from the Commonwealth, 
or otherwise, the lieutenant-governor, for the time being, 
shall, during such vacancy, perform all the duties incum- 



COMMONWEALTH OF MASSACHUSETTS. 23 

bent upon the governor, and shall have and exercise all the 
powers and authorities, which, by this constitution, the 
governor is vested with, when personally present. 



CHAPTER II. 
Section III. 

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

Aici. I. There shall be a council, for advising the gov- council. 
ernor in the executive part of the government, to consist See amend- 

. K. it i ments, Art. 

of [nine] persons besides the lieutenant-governor, whom xvi. 
the governor, for the time being, shall have full power and 
authority, from time to time, at his discretion, to assemble 
and call together ; and the governor, with the said council- 
lors, or five of them at least, shall and may, from time to 
time, hold and keep a council, for the ordering and direct- 
ing the affairs of the Commonwealth, according to the laws 
of the land. 

[n. Nine councillors shall be annually chosen from among the per- Number; from 
sons returned for councillors and senators, on the last Wednesday in whom, and how 
May, by the joint ballot of the senators and representatives assembled chosen - 
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- S2£ Si A ? ''^ 
oil, 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 beeom- 
from the senate, and accepting the trust, shall be vacated in the senate.] g^ts°v" C Hted rS ' 

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

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

district in this Commonwealth.] uave more than 

J two. 

V. The resolutions and advice of the council shall be Register of 
recorded in a register and signed by the members present ; C0UUCl1 - 
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 governor^ 
otherwise, then the council, or the major part of them, case » &0 - 
shall, during such vacancy, have full power and authority, 



24 



CONSTITUTION OF THE 



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 conrpleted on that day, the 
said elections may be adjourned from day to day, until the same shall 
be completed. And the order of elections shall be as follows : the 
vacancies in the senate, if any, shall first be filled up ; the governor 
Art^svi. and and lieutenant-governor shall then be elected, provided there should 
be no choice of them by the people ; and afterwards the two houses 
shall j>roceed to the election of the council.] 



Elections may 
be adjourned 
until, &c. 



Order thereof. 
Amendments, 



CH APTER II. 
Section IV. 



Secretary, &c. ; 
by whom and 
bow chosen. 
See amend- 
ments, Arts. IV. 
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, Commissary , &c. 

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

II. The records of the Commonwealth shall be kept in 
the office of the secretary, who may appoint his 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 an Art. I. The tenure that all commission officers shall 

cerstoVcx- by law have in their offices shall be expressed in their 

pressed. 



COMMONWEALTH OF MASSACHUSETTS. 25 

respective commissions. All judicial officers, duly ap- Judicial officers 
pointed, commissioned and sworn, shall bold their offices during lood* be. 
during good behavior; excepting such concerning whom I™ 01 "' exce P t> 
there is different provision made in this constitution : pro- May he removed 
videcl, nevertheless, the governor, with consent of the onaddress - 
council, may remove them upon the address of both houses 
of the legislature. 

II. Each branch of the legislature, as well as the gov- Justices of su- 
ernor and council, shall have authority to require the fouTt^g'fve 
opinions of the justices of the supreme judicial court, upon required7 hen 
important questions of law, and upon solemn occasions. 

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

, .. ., /• • a ■ /. ,1 i peace ; tenure 

long continuance m place ot any justice ot the peace, who of their office. 
shall fail of discharging the important duties of his office 
with ability or fidelity, all commissions of justices of the 
peace shall expire and become void in the term of seven 
years from their respective dates ; and, upon the expira- 
tion of any commission, the same may, if necessary, be 
renewed, or another person appointed, as shall most con- 
duce to the well being of the Commonwealth. 

IV. The judges of probate of wills, and for granting Provisions for 
letters of administration, shall hold their courts at such courts? probate 
place or places, on fixed days, as the convenience of the 

people shall require ; and the legislature shall, from time 
to time, hereafter, appoiut such times and places; until 
which appointments, the said courts shall be holden at the 
times and places which the respective judges shall direct. 

[V. All causes of marriage, divorce and alimony, and all appeals Causes of mar 
from the judges of probate, shall be heard and determined by the ria s° and di- 
governor and council until the legislature shall, by law, make other determined. 
provision.] 



CHAPTER IV. 



DELEGATES TO CONGRESS. 



[The delegates of this Commonwealth to the congress of the United Delegates to 
States shall, some time in the month of June, annually, be elected by con s ress - 
the joint ballot of the senate and house of representatives assembled 
together in one room ; to serve in congress for one year, to commence 
on the first Monday in November then next ensuing. They shall 
have commissions under the hand of the governor, and the great seal 
of the Commonwealth ; but may be recalled at any time within the 
year, and others chosen and commissioned, in the same manner, in 
their stead.] 



26 



CONSTITUTION OF THE 



CHAPTER V. 



Harvard Col- 
lege. 



Powers, privi- 
leges, &c, of the 
president and 
fellows, con- 
firmed. 



Property de- 
vised. 



Gifts, grants, 
and conveyances 
confirmed. 



Board of Over- 
seers estab- 
lished by gener- 
al court of 1642. 



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

Section 1. 

The University. 

Art. I. Whereas our wise and pious ancestors, so early 
as the year one thousand six hundred and thirty-six, laid 
the foundation of Harvard College, in which university 
many persons of great eminence have, by the blessing of 
God, been initiated in those arts and sciences 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 
of this and the other United States of America, — it is 
declared, that the President and Fellows of Harvard 
College, in their corporate capacity, and their successors 
in that capacity, their officers and servants, shall have, 
hold, use, exercise and enjoy, all the powers, authorities, 
rights, liberties, privileges, immunities and franchises, 
which they now have, or are entitled to have, hold, use 
exercise and enjoy ; and the same are hereby ratified and 
confirmed unto them, the said president and fellows of 
Harvard College, and to their successors, and to their 
officers and servants, respectively, forever. 

II. And whereas there have been, at sundry times, by 
divers persons, gifts, grants, devises of houses, lauds, 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 
the said gifts, grants, devises, legacies and conveyances, 
are hereby forever confirmed unto the president and fellows 
of Harvard College, and to their successors, in the capacity 
aforesaid, according to the true intent and meaning of the 
donor or donors, grantor or grantors, devisor or devisors. 

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



COMMONWEALTH OF MASSACHUSETTS. 27 

clergy in the said act described, constituted the overseers 
of Harvard College ; and it being necessary, in this new 
constitution of government, to ascertain who shall be 
deemed successors to the said governor, deputy-governor, 
and magistrates ; it is declared, that the governor, lieuten- Overseers estab- 
ant-governor, council and senate of this Commonwealth-, tutkm. yconsU 
are, and shall be deemed, their successors ; who, with the 
president of Harvard College, for the time being, together 
with the ministers of the congregational churches in the 
towns of Cambridge, Watertown, Charlestown, Boston, 
Roxbury and Dorchester, mentioned in the said act, shall 
be, and hereby are, vested with all the powers and au- 
thority belonging, or in any way appertaining, to the over- 
seers of Harvard College: provided, that nothing herein Power of aitera- 
shall be construed to prevent the legislature of this Com- the n iegisia\ure. 
monwealth from making such alterations in the govern- 
ment of the said university, as shall be conducive to its 
advantage, and the interest of the republic of letters, in as 
full a manner as might have been done by the legislature 
of the late Province of the Massachusetts Bay. 



CHAPTER V. 
Section II. 

The Encouragement of Literature, <&c. 

Wisdom and knowledge, as well as virtue, diffused gen- Duty of legisia- 
erally among the body of the people, being necessary for ^ItL^Miu^ 
the preservation of their rights and liberties ; and as these ^fa^end. 8 ' 
depend on spreading the opportunities and advantages of merits. 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 THE 



CHAPTER VI. 

OATHS AND SUBSCRIPTIONS ; INCOMPATIBILITY OF AND EX- 
CLUSION FROM OFFICES ; PECUNIARY QUALIFICATIONS ; 
COMMISSIONS ,' WRITS ; CONFIRMATION OF LAWS ; HABEAS 
CORPUS ; THE ENACTING STYLE ; CONTINUANCE OF OF- 
FICERS ; PROVISION FOR A FUTURE REVISAL OF THE 
CONSTITUTION, &C. 

Declaration of Art. I. [Any person chosen governor, lieutenant-governor, coun- 
execmive and cillor, senator or representative, and accepting the trust, shall, before 
cefs! a 1VG ° " ne proceed to execute the duties of his place or office, make and sub- 
scribe the following declaration, viz. : 
See amend- " I, A. B., do declare, that I believe the Christian religion, and have 

ments, Art. vn. a f iml persuasion of its truth ; and that I am seised and possessed, in 
my own right, of the property required by the constitution, as one 
qualification for the office or place to which I am elected." 

And the governor, lieutenant-governor and councillors, shall make 
and subscribe the said declaration, in the presence of the two houses 
of assembly ; and the senators and representatives, first elected under 
this constitution, before the president and five of the council of the 
former constitution ; and forever afterwards, before the governor and 
council for the time being.] 

o D a e th 8 a of t a'iroffl- d And every person chosen to either of the places or offices 
cers - 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 
folio wiug declaration, and oaths or affirmations, viz. : 

See amend- [ " I, A. B., do truly and sincerely acknowledge, profess, testify and 

ments, Art. VI. declare, that the Commonwealth of Massachusetts is, and of right ought 
to be, a free, sovereign and independent State ; and I do swear, that I 
will bear true faith and allegiance to the said Commonwealth, and that 
I will bear true faith and allegiance to the said Commonwealth, and 
that I will defend the same against traitorous conspiracies and all hos- 
tile attempts whatsoever ; and that I do renounce and abjure all alle- 
giance, subjection and obedience to the king, queen or government of 
Great Britain, (as the case may be,) and every other foreign power 
whatsoever ; and that no foreign prince, person, prelate, state or po- 
tentate, hath, or ought to have, any jurisdiction, superiority, pre-emi- 
nence, authority, dispensing or other power, in any matter, civil, eccle- 
siastical or spiritual, within this Commonwealth ; except the authority 
and power which is or may be vested by their constituents in the con- 
gress of the United States : and I do further testify and declare, that 
ne man, or body of men, hath, or can have, any right to absolve or dis- 
charge me from the obligation of this oath, declaration or affirmation ; 
and that I do make this acknowledgment, profession, testimony, dec- 
laration, denial, renunciation and abjuration, heartily and truly, accord- 
ing to the common meaning and acceptation of the foregoing 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 See amend- 
aforesaid, shall be of the denomination of the people called Quakers, m 
and shall decline taking the said oaths, he shall make his affirmation 
in the foregoing form, and subscribe the same, omitting the words, "I 
do swear," and " and abjure," "oath or," " and abjuration," in the first 
oath ; and in the second oath, the words " swear and," and in each of 
them the words, " So help me, God ; " subjoining instead thereof, "This 
I do under the pains and penalties of perjury."] 

And the said oaths or affirmations shall be taken and JSSSSS*" 
subscribed by the governor, lieutenant-governor and coun- 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 om. 

. V. . , j. i -11 i 11 .li _a» ^ 1 ces prohibited to 

supreme judicial court, shall hold any other office or place, governor, &c, 
under the authority of this Commonwealth, except such as exce P t > &c - 
by this constitution they are admitted to hold, saving that See amend- 

• merits Art 

the judges of the said court may hold the offices of justices vm. ' 
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 probate, sheriff, register of 
probate, or register of deeds ; and never more than any 
two offices, which arc to be held by appointment of the 
governor, or the governor and council, or the senate, or 
the house of representatives, or by the election of the 
people of the State at large, or of the people of any county, 
military offices, and the offices of justices of the peace ex- 
cepted, shall be held by one person. 

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

. *^ ^ merits \rt 

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



30 



CONSTITUTION OF THE 



Same subject. 



Bribery, &c, 
operates dis- 
qualification. 



Value of money- 
ascertained. 
Property quali- 
fications. 



See amend- 
ments, Art. 
XIH. 



Provisions re- 
specting com- 
missions. 



Provisions re- 
specting writs. 



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



of Harvard College — sheriff — clerk of the house of represen- 
tatives — register of probate — register of deeds — clerk of the 
supreme judicial court — [clerk of the inferior court of com- 
mon pleas] — or officer of the customs, including in this 
description naval officers — shall at the same time have a 
seat in the senate or house of representatives ; but their 
being chosen or appointed to, and accepting the same, shall 
i 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 judge of probate, shall 
accept a seat in council ; or any councillor shall accept of 
either of those offices or places. 

And no person shall ever be admitted to hold a seat in 
the legislature, or any office of trust or importance under 
the government of this Commonwealth, who shall in the 
due course of law, have been convicted of bribery or cor- 
ruption, in obtaining an election or appointment. 

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

IY. All commissions shall be in the name of the Com- 
monwealth of Massachusetts, signed by the governor, and 
attested by the secretary or his deputy, and have the great 
seal of the Commonwealth affixed thereto. 

V. All writs, issuing out of the clerk's office in any of 
the courts of law, shall be in the name of the Common- 
wealth of Massachusetts ; they shall be under the seal of 
the court from whence they issue ; they shall bear test of 
the first justice of the court to which they shall be return- 
able who is not a party, and be signed by the clerk of such 
court. 

VI. AH 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 OE MASSACHUSETTS. 31 

VII. The privilege and benefit of the writ of habeas Benefit of 
corpus shall be enjoyed in this Commonwealth, in the most secured, except, 
free, easy, cheap, expeditious and ample maimer ; and shall 

not be suspended by the legislature, except upon the most 
urgent and pressing occasions, and for a limited time, hot 
exceeding twelve months. 

VIII. The enacting style, in making and passing all ™f raactiDg 
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 mer government 

«, • -t i ■t.l i it ° ■ ■ i ri i. continued until, 

officers, civil and military, holding commissions under the government & c . 
and people 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 [u[/on" g Amend- 
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.] 

XL This form of government shall be enrolled on provision for ■ 
parchment, and deposited in the secretary's office, and be [S^f th£ 
a part of the laws of the land ; and printed copies thereof constitutiSi?. 
shall be prefixed to the book containing the laws of this 
Commonwealth, in all future editions of the said laws. 



32 



CONSTITUTION OF THE 



ARTICLES OF AMENDMENT 



Bill, &c, not ap 
proved within 



legislature ad 
iourn in the 
meantime. 



General court 
empowered to 
charter cities. 



Proviso. 



Art. I. If any bill or resolve shall be objected to, and 
blcomeai^w.tf not approved by the governor; and if the general court 
shall adjourn within five days after the same shall have 
been laid before the governor for his approbation, and 
thereby prevent his returning it with his objections, as 
provided by the constitution, such bill or resolve shall not 
become a law, nor have force as such. 

Art. II. The general court shall have full power and 
authority to erect and constitute municipal or city govern- 
ments, in any corporate town or towns in this Common- 
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 holden for 
that purpose ; and provided, also, that all by-laws, made 
by such municipal or city government, shall be subject, at 
all times, to be annulled by the general court. 

Qualifications of Art. III. Every male citizen of twenty-one years of 

voters for gover- , , y .. -. -. 

nor, lieutenant- 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 been assessed upon him, in any town or district 
of this Commonwealth ; and also, every citizen who shall 
be by law exempted from taxation, and who shall be in all 
other respects qualified as above mentioned, shall have 
a right to vote in such election of governor, lieutenant- 
governor, senators and representatives ; and no other 
person shall be entitled to vote in such elections. 



governor, sena- 
tors and repre- 
sentatives. 11 
Pick. 538. 
See amend- 
ments, Arts. 
XX., XXIII. 
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, auTrcrnoved! d 
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. 

[Tn case the office of secretary or treasurer of the Commonwealth Vacancies in the 
shall become vacant from any cause, during the recess of the general offices of secre- 
court, the governor, with the advice and consent of the council, shall urer, how'fiSed 
nominate and appoint, under such regulations as may be prescribed i» case, &c. 
by law, a competent and suitable person to such vacant office, who menfs'^t' 
shall hold the same until a successor shall be appointed by the general xvnV 
court.] 

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

All officers commissioned to command in the militia, may Militia officers, 

i Tr £ti l j-ii-ii. D0W removed. 

be removed trom office in such manner as the legislature 
may, 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, subalterns! 8 ' 111 
as well those under as those above the age of twenty-one 
years, shall have a right to vote. 

Art. VI. Instead of the oath of allegiance prescribed oath to betaken 
by the constitution, the following oath shall be taken and : 
subscribed by every person chosen or appointed to any 
office, civil or military, under the government of this Com- 
monwealth, before he shall enter on the duties of his office, 
to wit : — 

"I, A. B., do solemnly swear, that I will bear true faith 
and allegiance to the Commonwealth of Massachusetts, and 
will support the constitution thereof. So help me, God." 

Provided, That when any person shall be of the clenoini- Y ro ™°'- §? a " 

■n-iz-^1 -iin-iT • .n ker may arbrm. 

nation called Quakers, and shall decline taking said oath, 
he shall make his affirmation in the foregoing form, omit- 
ting the word " swear," and inserting, instead thereof, the 
word " affirm," and omitting the words, " So help me, God," 
and subjoining, instead thereof, the words, "This I do under 
the pains and penalties of perjury." 

Art. VII. No oath, declaration or subscription, except- Tests abolished. 
ing the oath prescribed in the preceding article, and the 
oath of office, shall be required of the governor, lieutenant- 
governor, councillors, senators or representatives, to qualify 
them to perform the duties of their respective offices. 



34 CONSTITUTION OF THE 

of C o°fflc P es! ibility Art - Vm. No judge of any court of this Common- 
wealth, (except the court of sessions,) and no person 
holding any office under the authority of the United States 
(postmasters excepted,) shall, at the same time, hold the 
office of governor, lieutenant-governor or councillor, or 
have a seat in the senate or house of representatives of 
this Commonwealth ; and no judge of any court in this 
Commonwealth, (except the court of sessions,) nor the at- 
torney-general, [solicitor-general, county-attorney,] clerk 
of any court, sheriff, treasurer and receiver-general, register 
of probate, nor register of deeds, shall continue to hold his 
said office after being elected a member of the Congress of 
the United States, and accepting that trust ; but the accept- 
ance of such trust, by any of the officers aforesaid, shall be 
deemed and taken to be a resignation of his said office ; [and 
judges of the courts of common pleas shall hold no other 
office under the government of this Commonwealth, the 
office of justice of the peace and militia offices excepted.] 

TO^tifuTion 18 10 Art. IX. If, at any time hereafter, any specific and par- 
how made. ' ticular amendment or amendments to the constitution be 
proposed in the general court, and agreed to by a majority 
of the senators and two-thirds of the members of the house 
of representatives present and voting thereon, such pro- 
posed amendment or amendments shall be entered on the 
journals of the two houses, with the yeas and nays taken 
thereon, and referred to the general court then next to be 
chosen, and shall be published ; and if, in the general court 
next chosen as aforesaid, such proposed amendment or 
amendments shall be agreed to by a majority of the sena- 
tors and two-thirds of the members of the house of repre- 
sentatives present and voting thereon, then it shall be the 
duty of the general court to submit such proposed amend- 
ment or amendments to the people ; and if they shall be 
approved and ratified by a majority of the qualified voters, 
voting thereon, at meetings legally warned and holden for 
that purpose, they shall become part of the constitution of 
this Commonwealth. 

commencement Art. X. The political year shall begin on the first 
Wednesday of January, instead of the last Wednesday ol 
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 



of political year, 



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

[The meeting for the choice of governor, lieutenant-governor, Meetings for the 
senators and representatives, shall be held on the second Monday of choice ofgover- 
November in eveiy year ; but meetings may be adjourned, if necessary, governor f&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 M 1 aybe ad J° urn " 
necessary for the choice of representatives, such meetings shall be See amend- 
held on the fourth Monday of the same month of November.] ments, 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, when to 
October, next following the day when the same shall be duly Ion." ° pe ' a 
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 nuiied! " 8 au ' 
annulled. 

Akt. XI. Instead of the third article of the bill of ^ e I ! n ^ t u a 8 b { ree ' 
rights, the following modification and amendment thereof ushed. 
is substituted : — 



36 CONSTITUTION OF THE 

" As the public worship of God, and instructions in piety, 
religion and morality, promote the happiness and prosperity 
of a people, and the security of a republican government; 
therefore the several religious societies of this Common- 
wealth, whether corporate or unincorporate, at any meet- 
ing legally warned and holden for that purpose, shall ever 
have the right to elect their pastors or religious teachers, 
to contract with them for their support, to raise money for 
erecting and repairing houses for public worship, for the 
maintenance of religious instruction, and for the payment 
of necessary expenses ; and all persons belonging to any 
religious society shall be taken and held to be members, 
until they shall file with the clerk of such society a written 
notice declaring the dissolution of their membership, and 
thenceforth shall not be liable for any grant or contract 
which may be thereafter made or entered into by such so- 
ciety ; and all religious sects and denominations, demean- 
ing themselves peaceably, and as good citizens of the Com- 
monwealth, shall be equally under the protection of the 
law ; and no subordination of any one sect or denomination 
to another shall ever be established by law." 

Census of rata- [Art. XII. In order to provide for a representation of the citizens 
u!ken°in 1837 6 °^ tu * s Commonwealth, founded upon the principles of equality, a 
and decennially census of the ratable polls in each city, town and district of the Com- 
thereafter. 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 thirty-seven, and in every tenth year thereafter, in 
Represent*, the month of May, in manner aforesaid : and each town or city having 
tives, how ap- three hundred ratable polls at the last preceding decennial census of 
amendments, ee polls, ma y elect one representative, and for every four hundred and fifty 
Arts. xni. and ratable polls, in addition to the first three hundred, one representative 
XXL more. 

Towns having Any town having less than three hundred ratable polls shall be rep- 
rataMe^oUs, resented thus : The whole number of ratable polls, at the last preceding 
how represent- decennial census of polls, shall be multiplied by ten, and the product 
ed - 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. 
fe ra resent'd° W ^ n J c ^ 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. 
Town may unite Any two or more of the several towns and districts may, by consent 
tlve districts 11 ^ °^ a ma .i 01 "ity of the legal voters present at a legal meeting in each of 
said towns and districts, respectively, called for that purpose, and held 
previous to the first day of July, in the year in which the decennial 
census of polls shall be taken, form themselves into a representative 



COMMONWEALTH OF MASSACHUSETTS. 37 

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 ratable polls. 

The governor and council shall ascertain and determine, within the The governor 
the months of July and August, in the year of our Lord one thousand deU'rminc'the 
eight hundred and thirty-seven, according to the foregoing principles, number of rep- 
the number of representatives which each city, town and representa- resentatives to 
tive district is entitled to elect, and the number of years, within the ^ entitled. town 
period of ten years then next ensuing, that each city, town and repre- 
sentative district may elect an additional representative ; and where New apportion- 
any town has not a sufficient number of polls to elect a representative meat to be made 
each year, then, how many years within the ten years, such town may years." 6Very e 
elect a representative ; and the same shall be done once in ten years 
thereafter, by the governor and council, and the number of ratable 
polls in each decennial census of polls shall determine the number of 
representatives which each city, town and representative district may 
elect as aforesaid ; and when the number of representatives to be 
elected by each city, town or representative district is ascertained and 
determined as aforesaid, the governor shall cause the same to be pub- 
lished forthwith for the information of the people, and that number 
shall remain fixed and unalterable for the period often years. 

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

Art. 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 Hants to be 
office, on or before the last day of June, of the year one thousand eight an a decennially 
hundred and forty, and of every tenth year thereafter ; which census thereafter, for 
shall determine the apportionment of senators and representatives for geni| t °™ epre " 
the term of ten years. See amend- 

The several senatorial districts now existing, shall be permanent, ments, Art. 
The senate shall consist of forty members ; and in the year one thou- senatorial dis. 
sand eight hundred and forty, and every tenth year thereafter, the tricts declared 
governor and council shall assign the number of senators to be chosen permanent, 
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 repre- 
in the following manner: Every town or city containing twelve hun- ^~^?575!?» ? " wr 

it.,,. , J . J -, °, n „ apportioned. 

dred inhabitants, may elect one representative ; and two thousand four See amend- 
hundred inhabitants shall be the mean increasing number, which shall ™™t a > Art - 
entitle it to an additional representative. 

Every town containing less than twelve hundred inhabitants shall Small towns, 
be entitled to elect a representative as many times, within ten years, j^ w re P reseut 
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 for 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 meeting, in each of said towns, unite into repre 
respectively, called for that purpose, and held before the first day of tricts. 
August, in the year one thousand eight hundred and forty, and every 
tenth year thereafter, form themselves into a representative district, to 
continue for the term of ten years ; and such districts shall have all 
the rights, in regard to representation, which would belong to a town 
containing the same number of inhabitants. 

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



38 



CONSTITUTION OF THE 



ratio of in- 
crease. 



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

Councillors to 
be chosen from 
the people at 
large. 
See amend- 
ments, 4rt. 
XVI. 

Qualifications of 
councillors. 



town or city to elect more than one, and also the number by which the 
population of towns, not entitled to a representative every year, is to 
be divided, shall be increased, respectively, by one-tenth of the num- 
bers above mentioned, whenever the j>opulation of the Commonwealth 
shall have increased to seven hundred and seventy thousand, and for 
every additional increase of seventy thousand inhabitants, the same 
addition of one-tenth shall be made, respectively, to the said numbers 
above mentioned. 

In the year of each decennial census, the governor and council shall, 
before the first day of September, apportion the number of representa- 
tives which each city, town and representative district is entitled to 
elect, and ascertain how many years, within ten j T ears, any town may 
elect a representative, which is not entitled to elect one every year ; 
and the governor shall cause the same to be published forthwith. 

Nine councillors shall be annually chosen from among the people 
at large, on the first Wednesday of January, or as soon thereafter as 
may be, by the joint ballot of the senators and representatives, as- 
sembled in one room, who shall, as soon as may be, in like manner, 
fill up any vacancies that may happen in the council, by death, resig- 
nation or otherwise. No person shall be elected a councillor Avho has 
not been an inhabitant 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 No possession of a freehold, or of any other estate, shall 

qualification not . L . , 1# „ . ' , ,,«> . '., 

required. be required as a qualification tor holding a seat in either 

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

^o^tobeb 16 Aet. XIV. In all elections of civil officers by the peo- 
piuraiityof pie of this Commonwealth, whose election is provided for 

votes • 

by the constitution, the person having the highest number 
of votes shall be deemed and declared to be elected. 

e?e™io nof n o al Art. XV. The meeting for the choice of governor, 
emor and legis- 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 day, a second meeting shall be holden, for 
that purpose, on the fourth Monday of the same month of 
November. 



lature. 



Eight council- 
lors to be chosen 
by the people. 

Legislature to 
district State. 



Art. XVI. Eight councillors shall be annually chosen 
by the inhabitants of this Commonwealth, qualified to vote 
for governor. The election of councillors shall be deter- 
mined 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 MASSACHUSETTS. 39 

inhabitants as nearly equal as practicable, without dividing 
any town or ward of a city, and each entitled to elect one 
councillor : provided, however, 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- 

• fined 

No person shall be eligible to the office of councillor who 
has not been an inhabitant of the Commonwealth for the 
term of five years immediately preceding his election. The Day and manner 
day and manner of the election, the return of the votes, of tlectlon ' &c 
and the declaration of the said elections, shall be the same 
as are required in the election of governor. Whenever vacancies, how 
there shall be a failure to elect the full number of council- 
lors, the vacancies shall be filled in the same manner as is 
required for filling vacancies in the senate ; and vacancies 
occasioned by death, removal from the State, or other- 
wise, shall be filled in like manner, as soon as may be, 
after such vacancies shall have happened. And that there organization of 
may be no delay in the organization of the government on the s° vernment - 
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 rec6rds 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. 



sec- 



Aet. XVII. The secretary, treasurer and receiver-gen- Election off 
eral, auditor, and attorney-general, shall be chosen annu- er! a auditor a and 
ally, on the day in November prescribed for the choice of a ^ r ^ y "f ene f: 

J / , . , L . ill 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 shall be such as are required in the election of governor. In 
filled> case of a failure to elect either of said officers on the day in 

November aforesaid, or in case of the decease, in the mean 
time, of the person elected as such, such officer shall be 
chosen on or before the third Wednesday in January next 
thereafter, from the two persons who had the highest num- 
ber of votes for said offices on the day in November afore- 
said, by joint ballot of the senators and representatives, in 
one room ; and in case the office of secretary, or treasurer 
and receiver-general, or auditor, or attorney-general, shall 
become vacant, from any cause, during an annual or special 
session of the general court, such vacancy shall in like 
manner be filled by choice from the people at large ; but if 
such vacancy shall occur at any other time, it shall be sup- 
plied by the governor by appointment, with the advice and 
consent of the council. The person so chosen or ap- 
pointed, duly qualified in other respects, shall hold his 
office until his successor is chosen and duly qualified in his 
To qualify with- stead . In case any person chosen or appointed to either 
in ten days, f ^he ffi ces aforesaid, shall neglect, for the space of ten 

otherwise oflice ' o ' x # 

to be deemed va. clays after he could otherwise enter upon his duties, to 

cant . 

qualify himself in all respects to enter upon the discharge 
of such duties, the office to which he has been elected or 
Qualification appointed shall be deemed vacant. No person shall be 
requisite. eligible to either of said offices unless he shall have been 

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

school moneys Art. XVIII. All moneys raised by taxation in the 
pSedforsMta- towns and cities for the support of public schools, and all 
nan schools. moneys which may be appropriated by the State for the 
support of common schools, shall be applied to, and ex- 
pended in, no other schools than those which are conducted 
according to law, under the order and superintendence of 
the authorities of the town or city in which 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 
ESt! law, for the election of sheriffs, registers of probate, coni- 
1 »bffftc 8 b f nii ss i° liei " s of insolvency, and clerks of the courts, by the 
the people.'' people of the several counties, and that district-attorneys 
shall be chosen by the people of the several districts, for 
such term of office as the legislature shall prescribe. 



COMMONWEALTH OF MASSACHUSETTS. 41 

Aet. XX. No person shall have the right to vote, or ^^"^"uih 
be eligible to office under the constitution of this Common- and writing, 
wealth, who shall not be able to read the constitution in the Actions o^vo. 1 " 
English language and write his name : provided, however, proviso. 
that the provisions of this amendment shall not apply to 
any person prevented by a physical disability from com- 
plying with its requisitions, nor to any person who now 
has the right to vote, nor to any persons who shall be sixty 
years of age or upwards at the time this amendment shall 
take effect. 

Art. XXI. A census of the legal voters of each city Census of legai^ 
and town, on the first day of May, shall be taken and re- habitant?, 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 

.-, t • i j. i t i i nri. i /. Stat, chanter 20. 

thousand eight hundred and mty-seven ; and a census of 
the inhabitants of each city and town, in the year one 
thousand eight hundred and sixty-five, and of every tenth 
year thereafter. In the census aforesaid, a special enume- 
ration shall be made of the legal voters ; and in each city 
said enumeration shall specify the number of such legal 
voters aforesaid, residing in each ward of such city. The 
enumeration aforesaid shall determine the apportionment 
of representatives for the periods between the taking of 
the census. 

The house of representatives shall consist of two him- House to consist 
dred and forty members, which shall be apportioned by reprelraudlel' 
the legislature, at its first session after the return of each [^ed upon 
enumeration as aforesaid, to the several counties of the basisof legal 
Commonwealth, equally, as nearly as may be, according 
to their relative numbers of legal voters, as ascertained by 
the next preceding special enumeration ; and the town of 
Cohasset, in the county of Norfolk, shall, for this purpose, 
as well as in the formation of districts, as hereinafter pro- 
vided, be considered a part of the county of Plymouth; 
and it shall be the duty of the secretary of the Common- Secretary shall 
wealth, to certify, as soon as may be after it is determined Sers authorized 
by the legislature, the number of representatives to which % £ ivide couu " 
each county shall be entitled, to the board authorized to 
divide each county into representative districts. The mayor Meeting for divi. 
and aldermen of the city of Boston, the county commis- Tues^taAu. 
sioners of other counties than Suffolk, — or in lieu of the gust - 
mayor and aldermen of the city of Boston, or of the county 
commissioners in each county other than Suffolk, such board 
of special commissioners in each county, to be elected by 
6 



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 assignment of represen- 
tatives to each county, assemble at a shire town of their 

Proceedings, respective counties, 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 lejral voters in the several districts of 
each county ; and such districts shall be so formed that no 
town or ward of a city shall be divided therefor, nor shall 
any district be made which shall be entitled to elect more 

Qualifications of than three representatives. Every representative, for one 

representatives. .-■ , -.. ■■ . V j- ini i 

year at least next preceding his election, shall have been 

an inhabitant of the district for which he is chosen, and 

shall cease to represent such district when he shall cease to 

r?umbe tS d°d b - ^ e an inhabitant of the Commonwealth. The districts in 

scribed and cer- each countv shall be numbered by the board creating the 

tilled % 

same, and a description of each, with the numbers thereof 
and the number of legal voters therein, shall be returned 
by the board, to the secretary of the Commonwealth, the 
county treasurer of each county, and to the clerk of every 
town in each district, to be filed and kept in their respec- 
tive offices. The manner of calling and conducting the 
meetings for the choice of representatives, and of ascer- 
taining their election, shall be prescribed by law. Not less 
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. 



One hundred 
members a 
quorum. 



Census of voters 
and inhabitants 
to be taken. 



Voters to he 
basis of appor- 
tionment of sen- 
ators. 



Art. XXTI. A census of the legal voters of each city 
and town, on the first day of May, shall be 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 
year thereafter. In the census aforesaid, a special enumer- 
ation shall be made of the legal voters, and in each city 
said enumeration shall specify the number of such legal 
voters aforesaid, residing in each ward of such city. The 
enumeration aforesaid shall determine the apportionment of 
senators for the periods between the taking of the census. 



senate to consist The senate shall consist of forty members. 

of 40 members. 



The general 



COMMONWEALTH OF MASSACHUSETTS. 43 

court shall, at its first session after each next preceding senatorial dia. 
special enumeration, divide the Commonwealth into forty tnot8 ' &c ' 
districts of adjacent territory, each district to contain, as 
nearly as maybe, an equal number of legal voters, accord- 
ing to the enumeration aforesaid : provided, however, that Proviso, 
no town or ward of a city shall be divided therefor ; and 
such districts shall be formed, as nearly as may be, with- 
out uniting two counties, or parts of two or more counties, 
into one district. Each district shall elect one senator, Qualifications of 
who shall have been an inhabitant of this Commonwealth 8enators - 
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 bers a quorum * 
a less number may organize temporarily, adjourn from day 
to day, and compel the attendance of absent members. 

[Art. XXIII. No person of foreign birth shall be entitled to vote, Residence of 
or shall be eligible to office, unless he shall have resided within the two years re- 
jurisdiction of the United States for two years subsequent to his natu- raSzea citizen! 
X'alization, and shall bo otherwise qualified, according to the constitu- to entitle tosuf- 
tion and laws of this Commonwealth : provided, that this amendment cif^ibie'too'ffice. 
shall not affect the rights which any person of foreign birth possessed See amendment! 
at the time of the adoption thereof; and, provided, further, that it shall Art - XXVI. 
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 ^' n ^e Ciesintbe 
by election by the people of the unrepresented district, 
upon the order of a majority 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 councl1 - 
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 constitution of this Commonwealth, which mS^JSfed!" 
is as follows, to wit : "No person of foreign birth shall be 
entitled to vote, or shall be eligible to office unless he shall 
have resided within the jurisdiction of the United States for 



44 CONSTITUTION Otf THE 

two years subsequent to his naturalization, and shall be 
otherwise qualified, according to the constitution and laws 
of this Commonwealth : provided, that this amendment shall 
not affect the rights which any person of foreign birth pos- 
sessed at the time of the adoption thereof; and provided, 
further, that it shall not affect the rights of any child of a 
citizen of the United States, born during the temporary 
absence of the parent therefrom," is hereby wholly annulled. 



THE FRAMING AND POPULAR ADOPTION OF THE 
CONSTIUTION. 

The Constitution of Massachusetts was agreed upon by delegates of 
the people, in convention, begun and held at Cambridge, on the first 
day of September, 1779, and continued by adjournments to the second 
day of March, 1780, when the convention adjourned to meet on the first 
Wednesday of the ensuing June. In the meantime the Constitution 
was submitted to the people, to be adopted by them, provided two- 
thirds of the votes given should be in the affirmative. When the con- 
vention assembled, it was found that the Constitution had been adopted 
by the requisite number of votes, and the convention accordingly 
Resolved, " That the said Constitution or Frame of Government shall 
take place on the last Wednesday of October next ; and not before, for 
any purpose, save only for that of making elections, agreeable to this 
resolution." The first legislature assembled at Boston, on the twenty- 
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 fourteenth 
day of November, 1836. 



COMMONWEALTH OF MASSACHUSETTS. 45 

The thirteenth Article was adopted by the legislatures of the politi- 
cal years 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 twenty-third day 
of May, 1855. 

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

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

The twenty-fourth and twenty-fifth Articles were adopted by the 
legislatures of the political years 1859 and 18G0, 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, how appointed, 20 

Adjutants of Regiments, how appointed, 20 

Affirmations. See Oaths and Affirmations. 

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

Amendments to the Constitution, how made, 34 

Apportionment of Councillors, N . . . 38, 39 

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

" of Senators, 12,37,42 

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

Arms, Right of People to keep and bear, 7 

Articles of Amendment, 32 

Attorney-General, how appointed, 20 

" how elected, 39,40 

" Qualifications of, 40 

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

Attorneys, District, how chosen, 40 

Auditor, how chosen, 39 

" Qualifications of, 40 

" Vacancy in Office of, how filled, 40 

B. 

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

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

five days, 10 

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

" " when vetoed, may be passed by two-thirds of each 

House, 10 

Bills, Money, to originate in the House of Representatives, . . 16 

Body Politic, how formed, and nature of, 3 

Bribery or Corruption in obtaining an Election, to disqualify for 

Office, 30 



48 



INDEX. 



C. 



and 



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

" " to make Quarterly Eeturns, 

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

" " may be recalled, and others commissioned, 

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

Constitution, Amendments to, how made, .... 
" Revision of in 1795, provided for, ... 

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

printed with the laws, .... 
Coroners, how appointed, W 

Corruption. See Bribery. 

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

" Powers and Quorum of, 

" Eank and Qualifications of Members of, . 

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

" Eesolutions and Advice of, to be recorded, 

" Vacancies in, how filled, 

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

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

Courts and Judicatories, may administer Oaths and Affirmations, 

" Clerks of, how chosen, 

" of Probate. See Probate. 

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



Page 

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 

23,33 
23 
23 

39,43 

34 

9,22 

10 

40 

10 
6,7 



D. 

Debate, Freedom of, in Legislature, affirmed, 8 

Declaration of Eights, 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, Eepresentative, how formed, 41 

" " Towns may unite in, 36,37 



INDEX. 49 

Page 

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

Divorce and Alimony, causes of, how 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 Beturns, by "whom examined, &c, 13, 39 

Enacting Style, established, 30 

Encouragement of Literature, 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 

• u " may make Laws, Ordinances, &c, .... 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 Avhen to be dissolved, . 9, 18, 35 

Government, Frame of, 9 

" Executive, Legislative and Judicial Departments of, 

limits denned, 9 

" Objects of, 3 

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

Governor, qualifications of, 17, 28, 35 

" Salary of, 21 

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

" Official Title of, 17 

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

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



50 INDEX. 

Page 

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

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

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

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

" and Council may prorogue the Legislature, ... 18 
" " shall examine Election Returns, . . .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 Members of, . .15,38,41,42 

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

" " to judge of the qualifications, &c, of its 

own Members, 16 

" " to choose its own officers, establish its own 

Rules, &c, 16 

" " may punish Persons not Members, for dis- 
respect, &c, 16 

" " may try and determine all cases involving 

its Rights and Privileges, ... 16 

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

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

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

" " Quorum of, 16, 42 

" " Members of, exempt from arrest on Mean 

Process, 16 

" " Towns may be fined for neglecting to re- 
turn Members to, . . . . ' . 15 
" " Travelling Expenses of Members of, how 

paid, 16 

" " Oaths or Affirmations of Members of, how 

taken and subscribed to, 29, 33 

I. 

Impeachment, Limitation of Sentence for, ...... 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 



INDEX. 51 

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

affirmed, 7 

J. 

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

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

" Officers, how appointed, 20 

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

" " may be removed on Address of Legislature, . . 25 

Judiciary Power, 24 

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

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

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

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

Jury, Right of Trial by, secured, 7 

Justices of the Peace, Tenure of Office of, 25 

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

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

L. 

Law-Martial, Persons not in Army or Navy, or Actual 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 repugnant to Constitution, Legislature may make, . . 11 
" of Province, Colony or State of Massachusetts Bay, not repug- 
nant to Constitution, continued in force, .... 30 

" power of suspending, only in Legislature, 8 

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

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

" Power, ' . . 9 

Legislature. See General Court. 

Lieutenant-Governor, 22 

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

" " official title of, 22 

" " qualifications of, 22 

" " powers and duties of, 23 

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

Literature, Encouragement of, ....... 27 



52 INDEX. 

M. 

Pago 

Magistrates and officers, accountability of, 5 

Major-Generals, how appointed and commissioned, .... 20 
Martial Law, persons not in the Army, Navy, or actual Militia service, 

not to be subject to, 8 

Meetings, Plantation, provisions respecting, 13 

" Town, Selectmen to preside at, 12 

Military Power, to be subordinate to Civil, 7 

Militia Offices, vacancies in, how filled, 20 

" Officers, how elected and commissioned, 20, 33 

" " how removed, 20, 33 

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

confirmed, . 20 

Money Bills, to originate in House of Representatives, ... 1G 

Money, how drawn from the Treasury, 21 

" value of, how computed, 30 

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

Religious sects, 40 

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



N. 

Notaries Public, how chosen, 24 

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

o. 

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

" " Official, Forms of, 28, 33 

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

Oaths, Affirmations substituted, in behalf of Quakers, . . . 29, 3J 
Offences. See Crimes and Offences. 

Office, Right of People to secure Rotation in, 5, 6 

" Equal Right of all to, affirmed, G 

" no person eligible to, who cannot read and write, ... 40 
Offices, certain, incompatibility of, . . . . . . .20, 34 

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

of, 10 

" Civil and Military, duties of to bo 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, Eight of, to keep and bear Arms, 7 

Person and Property, Remedy for Injuries to, should be in the laws, C 

1 on 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, 38 

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

Ratable, Census of, when taken, 33 

Power, Executive, 17, 18 

" Judiciary, 24 

" Legislative, 9 

Press, Liberty of, essential to Freedom, 7 

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

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

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

" Registers of, how appointed, 20 

" " Election of, to be prescribed, 40 

Property, Private, not to bo taken for Public Uses -without Compen- 

sation, 6 

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

" " " partially abolished, ... 38 

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

made, 21 

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

" Services, i he only Title to particular and exclusive Privileges, 5 

" Worship, the Right, and Duty of, 4 

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

Punishments, Cruel and Unusual, prohibited, 8 



Q. 

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

Qualifications of Governor, 17,40 

" of Lieutenant- Governor, 22,40 

" of Councillors, 33, 39, 40 

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

" . of Representatives, 15,39,42 

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

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

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

Qualification, Property, may be increased, 30 

" " * partial abolition of, 38 

Quorum of Council, 18, 24 

" of House, 16, 42 

" of Senate, 14,43 



54 INDEX. 

R. 

Page 

Ratable Polls, Census of, when taken, 36 

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

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

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

Office, 41 

Register of Council, to be kept, subject to the call of either House, 23 

Registers of Probate. See Probate. 

Religious Denominations, equal protection secured to all, ... 5, 35 
" Societies, Right of, to elect their own Pastors, &c, . . 5, 38 
" " persons belonging to, Membership defined, . . 3G 

Representation, in Council, basis of, 38 

" in House, 15,36,37,33,41 

" in Senate, 11, 37, 42 

Representatives. See House of Representatives. 

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

Returns of Votes, by whom made, examined, &c, . . . 12,13,18 
.Revision of Constitution. See Constitution. 
Rights, Natural, Declaration of, &c, 4 



s. 

Salaries, of Judges of Supreme Court, 8, 22 

Salary, of Governor, 22 

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

" Sectarian, appropriation of Money for, prohibited, . . 39 

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

Secretary, Treasurer, Commissary, &c, 24 

Secretary of the Commonwealth, how chosen, 24, 39 

" " " qualifications of, ... . 40 

" " " Duties of, 24, 40 

" " " may appoint Deputies, &c., . . 24 

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

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

Self-government, Right of, asserted, 5 

Senate, 11 

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

' " " qualifications of, 14, 38, 43 

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

" " exc:: : from arrest on Mean Process, ... 16 

" Quorum of, 14, 43 

" vacancies in, how filled, 14, 43 

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

" not to adjourn more than two days, 14 

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

" shall try Impeachments, 14 

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

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



INDEX. 



55 



Senators, apportionment of, 11, 

" Oaths and Affirmations, how taken and subscribed by, 

Senatorial Districts. See Districts. 

Services, Public, the only title to particular privileges, 

Sheriffs, how appointed, 

" how elected, • . 

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

Solicitor-General, how appointed, 

Standing Armies, without consent of Legislature, prohibited, . 

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

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

Sureties and Bail, excessive, not to be demanded, .... 

Suspension of Laws, power of, only in Legislature, .... 



Page 
17, 43 

23 



19 

39 
8 

20 
7 
4 

90. 



T. 



Taxation, should be founded on consent, .... 

Taxes, Excises, &c, Legislature may impose, 

Tax, State or County, payment of, as qualification of Voter, 

Tests, Religious, abolished, 

Title, of Governor, 

" of Lieutenant-Governor, 

Town 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 Representative 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 
30 
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 Resolves, 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 plurality of, ... 38 

" Returns 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, 34 



(Smral statutes nuxt jjjjmal %th 

OF 

MASSACHUSETTS. 

18 7 5. 



lEf^ The General Court of 1875 assembled on Wednesday, the 
sixth day of January. The oaths of office required by the Consti- 
tution to be administered to the Governor and Lieutenant-Governor 
elect, were taken and subscribed by His Excellency William Gaston 
and His Honor Horatio G. Knight, on Thursday, the seventh day of 
January, in the presence of the two Houses assembled in convention. 



ACTS, 

GENERAL AND SPECIAL. 



An Act to change the name of the Arlington woolen mills. (J] iav J 
Be it enacted by the Senate and House of Representatives, in General 
Court assembled, and by the authority of the same, asfolloivs: 

Section 1. The Arlington Woolen Mills, a corpora- Name changed, 
tion established at Lawrence, shall take the name of the 
Arlington Mills. 

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

Approved January 25, 1875. 

An Act making appropriations for the mileage and compensa- QJiap. 2. 

TION OF THE MEMBERS OF THE LEGISLATURE, AND FOR THE COM- 
PENSATION 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 
hundred dollars. senators. 

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 exceed- Mileage of 

, ,, t i-i-i-iii representatives. 

ing two thousand one hundred dollars. 

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

For the compensation of the preacher of the election Preacher of 
sermon, one hundred dollars. election 8emon - 

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



588 



1875.— Chapter 3. 



Assistant clerks 
of senate and 
house. 



Doorkeepers, 
messengers, etc. 



Witnesses be- 
fore committees. 



Expenses of 
committees. 



For the compensation of the assistant clerks of the 
senate and house of representatives, one thousand eight 
hundred dollars. 

For the compensation of the doorkeepers, messengers 
and pages of the senate and house of representatives, a 
sum not exceeding twenty-four thousand dollars. 

For expenses of summoning witnesses before commit- 
tees, and for fees of such witnesses, a sum not exceed- 
ing five hundred dollars. 

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 ten thousand dollars. 

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

Approved January 29, 1875. 

Chap. 3. An Act making appropriations for the maintenance of the 

GOVERNMENT FOR THE PRESENT YEAR. 

Be it enacted, c&c, as follows: 
Appropriations. Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury, from the ordinary 
revenue, for the purposes specified, to m'eet expenses for 
the year ending on the thirty-first day of December, in 
the year eighteen hundred and seventy-five, to wit : — 



Clerk. 



Assistant clerk. 



Reporter. 



Clerk hire and 
incidental ex- 
penses. 



SUPREME JUDICIAL COURT. 

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

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

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

For clerk hire and incidental expenses of the reporter 
of decisions of said court, a sum not exceeding one 
thousand five hundred dollars. 



Chief justice. 



Associate jus- 
tices. 



SUPERIOR COURT. 

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

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



Judge — 
Suffolk. 



COURTS OF PROBATE AND INSOLVENCY. 

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






1875.— Chapter 3. 589 

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

For the salary 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 dollars. 

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

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

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

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

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

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

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

For the salary of the judge of probate and insolvency Barnstable. 
for the county of Barnstable, one thousand dollars. 

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

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

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

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

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

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

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



590 



1875.— Chapter 3. 



Bristol. 

Plymouth. 

Hampden. 

Berkshire. 

Hampshire. 

Franklin. 

Barnstable. 
Nantucket. 
Dukes County. 



Assistant 

register — 
Suffolk. 



Middlesex. 



Worcester. 



Essex. 



Norfolk. 



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

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

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

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

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

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

For the salary of the register of probate and insolvency 
for the county of Barnstable, one thousand dollars. 

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

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

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

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

For the salary of the assistant register of probate and 
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 Essex, one thousand five 
hundred dollars. 

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



Attorney and 
clerk for 
Suffolk. 



DISTRICT-ATTORNEYS. 

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



1875.— Chapter 3. 



591 



For the salary of the assistant attorney for the county 
of Suffolk, three thousand dollars. 

For the salary of the second assistant district-attorney 
for the county of Suffolk, two thousand dollars. 

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

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

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

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

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

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

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



Assistant attor- 
ney—Suffolk. 

Second assistant 
attorney — 
Suffolk. 

Attorney — 
Eastern district. 

Northern 

district. 



Southern 
district. 



Middle district. 



South-eastern 
district. 



Western 
district. 



North-western 

district. 



POLICE COURTS. 



Justice — 
Cambridge. 



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 Chelsea. 
Chelsea, one thousand eight hundred dollars. 

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

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

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

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

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

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

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

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

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

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



592 



1875.— Chapter 3. 



Somerville. 

Springfield. 

Williamstown. 

Clerk- 
Cambridge. 

Chelsea. 

Fitchburg. 

Haverhill. 

Lawrence. 

Lynn. 

Lowell. 

Newburyport. 

Springfield. 

Somerville. 



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

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

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

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

For the salary of the clerk of the police court in Chel- 
sea, one thousand dollars. $ 

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

For the salary of the clerk of the police court in Haver- 
hill, one thousand dollars. 

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

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

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

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

For the salary of the clerk of the police court in 
Springfield, one thousand two hundred dollars. 

For the salary of the clerk of the police court in Somer- 
ville, one thousand dollars. 



Justices in 
Boston. 

Justice for- 

Southern 

district. 



Dorchester 
district. 



Charlestown 
district. 



West Roxbury 
district. 



Brighton 
district. 



MUNICIPAL COURTS. 

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

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

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

For the salary of the justice of the municipal court of 
the Charlestown district in Boston, two thousand dollars. 

For the salary of the justice of the municipal court of 
the West Roxbury district in Boston, one thousand six 
hundred dollars. 

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



1875.— Chapter 3. 593 

For the salary of the justice of the municipal court of South Boston 
the South Boston district in Boston, two thousand dollars. 

For the salary of the iustice of the municipal court of East Boston 

district 

the East Boston district in Boston, one thousand six hun- 
dred dollars. 

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

For the salary of the clerk of the municipal court for cierk— 

Southern 

the southern district of Boston, one thousand five hundred district. 
dollars ; and for the salary of the assistant clerk of said 
court, eight hundred dollars. 

For the salary of the clerk of the municipal court of the Dorchester 
Dorchester district in Boston, eight hundred dollars. 

For the salary of the clerk of the municipal court of the Charleston 
Charlestown district in Boston, one thousand five hundred 
dollars. 

For the salary of the clerk of the municipal court of ^ c t *.j f oxbury 
the West Roxbury district in Boston, one thousand dollars. 

For the salary of the clerk of the municipal court of the Brighton 
Brighton district in Boston, one thousand dollars. 

For the salary of the clerk of the municipal court of the south Boston 
South Boston district in Boston, one thousand dollars. 

For the salary of the clerk of the municipal court of ^^B 08 * 011 
the East Boston district in Boston, one thousand dollars. 

DISTRICT COURTS. 

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

For the salary of the justice of the district court of Northern 
northern Berkshire, one thousand two hundred dollars. 

For the salary of the justice of the district court of |™j£g£, 
southern Berkshire, one thousand two hundred dollars. 

For the salary of the iustice of the first district court of southern 
southern Worcester, one thousand two hundred dollars. First district. 

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

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

For the salary of the iustice of the first district court of S? 8tern , 

-itt .11 i i i n Worcester- 

eastern Worcester, eight hundred dollars. First district 

For the salary of the justice of the second district court Second district. 

of eastern Worcester, one thousand two hundred dollars.. 



594 



1875.— Chapter 3. 



Central 
Worcester. 

Northern 
Middlesex — 
First district. 

Southern 
Middlesex — 
First district. 

Central 
Middlesex. 

Eastern 
Middlesex. 



East Norfolk. 



Eastern 
Hampden. 

Bristol — 
First district. 

Second district. 



Third district. 



Essex — 
First district. 



Plymouth- 
First district. 



Second district. 
Third district. 
Fourth district. 



Clerk- 
Central 
Berkshire. 

Northern 
Berkshire. 

Southern 
Berkshire. 

Central 
Worcester. 



Eastern 
Worcester. 



East Norfolk. 



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 two hundred dollars. 

For the salary of the justice of the first district court of 
southern Middlesex, one thousand six hundred dollars. 

For the salary of the justice of the district court of 
central Middlesex, one thousand two hundred dollars. 

For the salary of the justice of the first district court of 
eastern Middlesex, two thousand dollars. 

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

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

For the salary of the justice of the first district court of 
Bristol, two thousand dollars. 

For the salary of the justice of the second district court 
of Bristol, two thousand dollars. 

For the salary of the justice of the third district court of 
Bristol, one thousand eight hundred dollars. 

For the salary of the justice of the first district court of 
Essex, three thousand dollars. 

For the salary of the justice of the first district court of 
Plymouth, one thousand two hundred dollars. 

For the salary of the justice of the second district court 
of Plymouth, one thousand four hundred dollars. 

For the salary of the justice of the third district court 
of Plymouth, one thousand four hundred dollars. 

For the salary of the justice of the fourth district court 
of Plymouth, one thousand two hundred dollars. 

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

For the salary of the clerk of the district court of 
northern Berkshire, eight hundred dollars. 

For the salary of the clerk of the district court of 
southern Berkshire, six hundred dollars. 

For the salary of the clerk of the district court of cen- 
tral Worcester, two thousand five hundred dollars ; and 
for the salary of the assistant clerk of said court, one 
thousand dollars. 

For the salary of the clerk of the second district court 
of eastern Worcester, six hundred dollars. 

For the salary of the clerk of the district court of East 
Norfolk, one thousand dollars. 



1875.— Chapter 4. 595 

For the salary of the clerk of the first district court of ^?^| r ° 
northern Middlesex, six hundred dollars. 

For the salary of the clerk of the first district court of ^"^ern 
southern Middlesex, eight hundred dollars. 

For the salary of the clerk of the first district court of Eastern 
eastern Middlesex, one thousand dollars. 

For the salary of the clerk of the first district court of I" 810 , 1- . 
Bristol, one thousand two hundred dollars. 

For the salary of the clerk of the second district court Second district. 
of Bristol, one thousand two hundred dollars. 

For the salary of the clerk of the third district court of Third district - 
Bristol, one thousand dollars. 

For the salary of the clerk of the first district court of Ely 1 ?™ 1 ?— 

-r»i i • l -i ttii First district. 

.Plymouth, six hundred dollars. 

For the salary of the clerk of the second district court Second district. 
of Plymouth, eight hundred dollars. 

For the salary of the clerk of the third district court of Third district - 
Plymouth, eight hundred dollars. 

For the salary of the clerk of the fourth district court Fourth district. 
of Plymouth, seven hundred dollars. 

For the salary of the clerk of the first district court of Bssex - 
Essex, two thousand five hundred dollars. 

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

Approved January 29, 1875. 

An Act in addition to an act making appropriations for the Q/iap. 4. 

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-five, 
to wit : — 

LEGISLATIVE DEPARTMENT. 

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

... ., l l n and house. 

representatives, six thousand dollars. 

For the salary of the sergeant-at-arms, three thousand ser g eant.at- 

■l ii arms. 

dollars. 

For the compensation of an engineer, and such watch- Engineer, 
men and firemen as may be employed in the state house, a firemen. 011 and 
sum not exceeding ten thousand dollars. 



596 



1875.— Chapter 4. 



Lieut.-governor 
and council. 



Private secre- 
tary. 



Messenger. 



Assistant mes- 
senger. 



EXECUTIVE DEPARTMENT. 

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

For the salary of the private. secretary of the governor, 
two thousand five hundred dollars. 

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

For the salary of the assistant messenger of the gov- 
ernor and council, one thousand dollars. 



Secretary. 



First clerk. 



Second clerk. 



Messenger. 



Additional cleri 
cal assistance. 



secretary's department. 

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

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

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 nineteen thou- 
sand dollars. 



Treasurer. 



First clerk. 



First assistant 
clerk. 



Cashier. 



Additional cleri- 
cal assistance. 



Deputy tax 
commissioner. 

First clerk. 



Second clerk. 



treasurer's 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 hundred dollars. 

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

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

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

tax commissioner's bureau. 

For the salary of the deputy tax commissioner and com- 
missioner 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. 



1875.— Chapter 4. 597 

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

auditor's department. 

For the salary of the auditor of accounts, three thousand Auditor of 

t% , -, -i -i Si accounts. 

nve hundred dollars. 

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

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

For such additional clerical assistance as the auditor may Additional 

/» ^ , Tjiii i n clerical assist- 

nnd necessary, a sum not exceeding three thousand nve ance. 
hundred dollars. 

ATTORNEY-GENERAL'S DEPARTMENT. 

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

For the salary of the assistant attorney-general, two Assistant attor- 
thousand five hundred dollars. ney-generai. 

COMMISSIONERS, ET ALS. 

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

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

Sand dollars. commissioner. 

For the salary of the deputy insurance commissioner, Deputy 



msur- 



three thousand dollars. s To C n;r 0tnmis " 

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

For such additional clerical assistance as the insurance Additional cieri- 
commissioner may find necessary, a sum not exceeding cal assistance - 
three thousand one hundred dollars. 

The fees received as compensation for the valuation of Fe . ea fo f r ,L alu - 
life policies, are hereby appropriated, to be applied in policies. 
accordance with the provisions of chapter four hundred 
and thirty-four of the acts of the year eighteen hundred 
and sixty-nine. 

For the salary and office expenses of the inspector of inspector of gas. 
gas-meters, three thousand dollars. 

For the salaries of the railroad commissioners, twelve Railroad com- 
thousand dollars; missioned 

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



598 



1875. — Chapter 4. 



Secretary of 
board of health. 



Labor statistics. 
Chief and 
deputy. 

Clerical services. 



Secretary of 
prison commis- 
sioners. 



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

For the salary of the chief of the bureau of statistics on 
the subject of labor, three thousand dollars ; and for the 
salary of his deputy, two thousand dollars. 

For the compensation of other clerical services, and for 
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 
commissioners, two thousand dollars. 



Secretary of 
board. 



Clerk. 



Clerical services 
and lectures. 



AGRICULTURAL DEPARTMENT. 

For the salary of the secretary of the board of agricult- 
ure, 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 assist- 
ance. 



Visiting agent. 



Clerical and 
other assistance. 



Transportation 
of state paupers. 



Prov'so. 



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 
five 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 thousand dollars. 

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

For the transportation of state paupers, to be expended 
by the agent of the board of state charities, a sum not ex- 
ceeding ten thousand dollars. Any additional assistance 
necessary to effect such transportation shall be paid out of 
that sum ; and if at any time it shall be found necessary, a 
sum not exceeding one thousand dollars may be advanced 
on account of said transportation : provided, a detailed 



1875.— Chapter 4. 599 

report of such expenditure shall be rendered to the auditor 
of accounts whenever required. 

EDUCATIONAL DEPARTMENT. 

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

For the salary and expenses of such agent or agents as Agents. 
the board of education may appoint, a sum not exceeding 
fourteen 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 libra. 
board of education, two thousand dollars. 

For such additional clerical assistance in the state library Additional cieri. 
as may be found necessary, a sum not exceeding two thou- oal as81stance - 
sand and sixteen 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 eierk. 
two thousand two hundred dollars. 

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

! jj i i l -i . . cal assistance. 

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

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

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

For the salary of the judge-advocate-general, one thou- Judge-advocate. 

Sand dollars. generaL. 

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

Ajjproved January 29, 1875. 



600 



1875.— Chapters 5, 6, 7. 



Chap. 



Grand jurors 
deemed to be 
legally drawn 
and empan- 
elled. 



5 # An Act concerning the grand jury for the county of 

SUFFOLK. 

Be it enacted, &c., as follows : 

Section 1. The grand jurors empanelled at the terra 
of the superior court, held at Boston, within and for the 
county of Suffolk, on the first Monday of January, in the 
year one thousand eight hundred and seventy-five, shall 
for all purposes 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, from the said first 
Monday of January, until the first Monday of July, in 
said year, and until another grand jury is empanelled in 
their stead, notwithstanding any irregularity in any 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 February 5, 1875. 

Chap. 6, An Act to include the town of milton within the judicial 

DISTRICT OF THE DISTRICT COURT OF EAST NORFOLK. 

Be it enacted, &c, as follows: 
judicial district Section 1. The judicial district now under the juris- 
diction of the district court of East Norfolk, is enlarged 
by including within the jurisdiction of the said district 
court the town of Milton. 

Section 2. Nothing herein contained shall affect any 
proceeding now pending or duly commenced when this 
act shall take effect, before any justice of the peace or trial 
justice heretofore having jurisdiction of the same. 

Approved February 5, 1875. 



enlarged. 



Proceedings 
now pending, 
not to be 
affected. 



Chap. 



Charter 
extended. 



7. An Act to further extend the charter of the hingham 
• ' mutual fire insurance company. 

Be it enacted, &c, as follows : 

Section 1. Chapter one hundred and six of the acts of 
eighteen hundred and forty-seven being an act to extend 
the charter of the Hingham Mutual Fire Insurance Com- 
pany, 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 restric- 
tions, duties and liabilities set forth in the general laws 
which now are, or hereafter may be in force applicable to 
such corporations. 

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

Approved February 5, 1875. 



1875.— Chapters 8, 9, 10, 11. 601 

An Act to extend the charter of the salem marine insurance Chap. 8. 

COMPANY. 

Be it enacted, &c, as follows: 

Section 1. The act of the year eighteen hundred and extended. 
fifty-six, chapter five, incorporating the Salem Marine 
Insurance Company, is amended by striking out the words 
limiting its duration ; and said corporation shall continue 
in existence, with the powers and privileges, and subject 
to the restrictions, duties and liabilities, set forth in the 
general laws which now are, or hereafter may be in force 
and applicable to such corporations. 

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

Approved February 6, 1875. 

An Act to change the name of the third parish in abington. Chap. 9. 
Be it enacted, &c, as follows : 

Section 1. The third parish in Abington shall be Name changed. 
known and called the Congregational Church and Parish 
of Rockland. 

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

Approved February 10, 1875. 

An Act to incorporate the Worcester board of trade. Chap. 10. 
Be it enacted, &c, as follows : 

Section 1. Sumner Pratt, E. B. Stoddard, John D. corporators. 
Washburn, Edward L. Davis, their associates and succes- 
sors are hereby made a corporation, by the name of the 
Worcester Board of Trade, for the purpose of promoting Name and 

^ purpose. 

trade and business in the city of Worcester and vicinity, 
with all the duties, liabilities and restrictions set forth in Duties and 
all general laws which now are or may hereafter be in 
force relating to such corporations ; provided, however, Proviso. 
that this act shall not be construed to authorize said cor- 
poration to traffic in goods, wares or merchandise of any 
description. 

Section 2. Said corporation may hold real and per- Real and per- 
sonal estate not exceeding ten thousand dollars in value, 
to be devoted to the purposes of said corporation. 

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

Approved February 11, 1875. 

An Act to change the name of the east abington savings bank. Chap. 11. 
Be it enacted, &c, as follows : 

Section 1. The East Abington Savings Bank shall be Name changed. 
known and called the Rockland Savings Bank. 

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

Approved February 11, 1875. 
3 



602 1875.— Chapteks 12, 13, 14. 

Chap. 12. An Act relating to assistance for district- attorneys in cer- 
tain districts, and amending section one of chapter two 
hundred and seventy-eight of the acts of the year 
eighteen hundred and seventy -three. 

Be it enacted, &c, as follows : 
mwSji. Section 1. Section one of chapter two hundred and 
seventy-eight of the acts of the year eighteen hundred and 
seventy-three is hereby amended by adding thereto : — 
" Aud in the northern, eastern and middle districts, the 
court may, for any sufficient reason, appoint such clerk or 
other competent person to act temporarily as an assistant 
to the district-attorney in the performance of his official 
duties ; his compensation to be paid as above provided 
and not to exceed six hundred dollars in one year, and 
such appointment not to last beyond the term at which it 
is made." 

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

Approved February 11, 1875. 

Chap. 13. An Act to amend chapter two hundred and eighty-six of 

THE ACTS OF EIGHTEEN HUNDRED AND SEVENTY, ENTITLED AN 
ACT PROVIDING FOR THE ESTABLISHMENT OF TRUE MERIDIAN 
LINES, AND FOR REGULATING THE PRACTICE OF SURVEYING IN 
THIS STATE. 

Be it enacted, &c, as folloivs : 
Amendment to Section 1. The penalty, provided by the fifth section 

1870, ch. 286, § 5. „ , , 111 • u ' C +1 *■ e 

oi chapter two hundred and eighty-six ot the acts ot 
eighteen hundred and seventy, shall not be imposed, un- 
less the land surveyor, of whom complaint is made, has 
used his compass to measure an angle or augles in survey- 
ing within the year preceding the date of the complaint. 
Section 2. This act shall take effect upon its passage. 

Approved February 11, 1875. 

Chan. 14. An Act in relation to recording mortgages of personal 

* ' * PROPERTY. 

Be it enacted, &c, as follows : 
G^dTiM si Whenever, under the provisions of section one, chapter 
one hundred and fifty-one of the General Statutes, it is 
required that a mortgage of personal property shall be 
recorded iu the records of two municipalities, such mort- 
gage shall be considered as duly recorded, when recorded 
in the records of one of them : provided, it is recorded in 
the records of the other within ten days from the date of 
such first record. Approved February 11, 1875. 



1875— Chapter 15. 603 



An Act to establish a state detective force, for the better Q/ ia p, 25. 

ENFORCEMENT OF THE LAWS. 

Be it enacted, &c., as follows: 

Section 1. There shall be appointed by the governor, state detective 
with the consent of the council, an officer to be entitled i° S bed? 8 a 
the chief of the state detective force, and as many state 
detectives, not exceeding thirty, as the governor and 
council may determine, who shall be commissioned to hold 
office for three years, unless sooner removed. 

Section 2. The said chief of the state detective force, chief and sub- 

-,., . , ,. t . ,. -ip c ' ordinates to be 

and the said state detectives, betore performing any BWorn and give 
official act, shall be sworn, and shall give to the treasurer boncl8, 
of the Commonwealth such bonds, with sureties, as the 
governor and council shall direct and approve, in the 
penal sum of not less than five thousand dollars, with 
condition that they shall faithfully perform their duties. 

Section 3. The governor and council shall, once in sufficiency of 
each year, examine into the sufficiency of the official bonds annually exam- 
given by the said chief and said detectives ; and if it e" n or b and° v " 
appears that such bonds are insufficient, the governor and council - 
council shall give notice to said chief and said detectives, 
and require them to give new bonds, to the satisfaction 
of the governor and council, within such time as they 
order. 

Section 4. A surety upon the official bond of said Discharge of 

i - surety from 

chief or of any of the detectives, or the heirs, executors liability. 
or administrators of such surety, may be discharged from 
his liability on such bond in the manner provided for the 
discharge of sureties upon the bond of a sheriff in section 
fifty-five, chapter seventeen of the General Statutes, 
except that the petition shall be addressed to and the 
proceedings had by the governor and council instead of 
the superior court. 

Section 5. The said chief and said detectives shall Detectives to 

i • /"i lini have all powers 

have and exercise throughout the Commonwealth, all the of watchmen 
common law and statutory powers of constables, except officers. 
the service of civil process, and also all the powers given 
to the police or watchmen by the statutes of the Common- 
wealth. Said chief and said detectives shall aid the attor- 
ney-general, district-attorneys and magistrates in procur- 
ing evidence for the detection of crime and in the pursuit 
of criminals. 

Section 6. The chief of the state detective force Salaries. 
shall be paid out of the treasury of the Commonwealth 



604 



1875.— Chapter 15. 



Fees to be paid 
Into state treas- 
ury. 



Rewards not to 
be received, 
except by per- 
mission of gov- 
ernor and 
council. 



Rules and regu- 
lations to be 
made by chief. 



Governor may 
command 
assistance of 
detectives in 
suppressing 
riots, etc. 

Constables and 
police officers to 
aid detectives, 
Avhen called 
upun. 



Penalty for 
falsely assuming 
to be a state 

detective. 



an annual salary of twenty-five hundred dollars, in equal 
monthly payments, and said state detectives shall be paid 
monthly at the rate of twelve hundred dollars a year, 
together with their actual and necessary travelling expen- 
ses when on duty, not exceeding the amounts actually 
paid out by them. All fees, which, under the laws, the 
chief or said detectives would be entitled to receive, shall 
be paid over by them to the treasurer of the Common- 
wealth ; and no salary shall be paid to any detective until 
he has made oath that he has paid over all such fees. All 
accounts of said detectives shall be verified by oath, and 
shall be approved by the said chief before being presented 
to the auditor of the Commonwealth, and, when duly 
audited shall be paid out of the treasury. Neither the 
chief nor any member of the force, shall receive any 
share in rewards or any compensation, gift or gratuity, 
directly or indirectly, on account of his official services, 
except rewards publicly offered, and then only when in 
special cases and after the services have been rendered, 
permission so to do is granted by the governor and council. 

Section 7. The said chief, with the approval of the 
governor and council, shall make all needful rules for the 
regulation of the duties of said detectives. He shall have 
his office in the city of Boston to be approved by the 
governor. 

Section 8. The governor shall have power at all times 
to command the assistance of said chief and said detectives 
in suppressing riots and in preserving the peace. 

Section 9. It shall be the duty of the constables of 
the several towns and cities, city marshals, chiefs of police 
and all other police officers, to aid the governor or said 
chief and said detectives in the discharge of their duties, 
whenever called upon for that purpose : provided, how- 
ever, that said constables of the several towns and cities, 
city marshals, chiefs of police and other police officers 
shall not be ordered out of their respective cities and 
towns. And any constable, marshal or police officer 
refusing to aid the governor, said chief or detectives, 
when called upon so to do, shall be punished by imprison- 
ment in the jail not exceeding three months or by fine not 
exceeding one hundred dollars. 

Section 10. Whoever falsely assumes or pretends to 
be the chief of the state detective force or a state detec- 
tive, and takes upon himself to act as such, or to require 



1875.— Chapter 15. 605 

any person to aid or assist him in a matter pertaining to 
the duty of such officer, shall be punished by imprison- 
ment in the jail not exceeding one year, or by tine not 
exceeding four hundred dollars. 

Section 11. In all actions brought by or on account May serve cer- 
of alien passengers and state paupers under the provisions processes. 
of chapters seventy-one and seventy-two of the General 
Statutes, the civil process may be served by any one of 
said state detectives. 

Section 12. All intoxicating liquor and other prop- Property seized 
erty seized and held by the constables of the Common- constabiesof 
wealth under search warrants in the execution of any of weauhtobe" 
the criminal laws of the Commonwealth or other criminal ^v« witothe 
process, and in their custody at the time when the repeal county. 
of chapter three hundred and ninety-four of the acts of 
eighteen hundred and seventy-one takes etfect, shall be 
by them delivered to the respective sheriffs of the coun- 
ties in which the same was seized, and said sheriffs or 
their deputies shall take and hold the same, subject to the 
final order of the court, and may complete all proceedings 
in relation to the same in the same maimer as said consta- 
bles would have been authorized to do. 

Section 13. All the property of the Commonwealth Property of the 

, , , . i? ai i • /• i ii ill i» Commonwealth 

now in the keeping ot the chiet and other constables ot in possession of 
said Commonwealth, including all books, records, furni- SmuSerredto 
ture, badges, handcuffs, belts and batons, shall, upon the chiof detective - 
passage of this act, be transferred and turned over to the 
said chief detective created by this act and the final pay 
accounts of said constables of the Commonwealth shall 
not be paid unless such pay account is accompanied with 
a certificate of said chief detective, that all said liquors and 
other property mentioned in this act have been transferred 
and turned over as herein provided or otherwise accounted 
for to the satisfaction and acceptance of said chief detec- 
tive. 

Section 14. Chapter three hundred and ninety-four of ^ e |!,4 f 
the acts of eighteen hundred and seventy-one, chapter 1872 ! 355. 

® " * 1874 405 

three hundred and fifty-five of the acts of eighteen hun- 
dred and seventy-two, and chapter four hundred and five 
of the acts of eighteen hundred and seventy-four, are 
hereby repealed. 

Section 15. The repeal of said acts shall not revive Repeal not to 
any laws repealed by said acts, or any laws repealed reTathVto 8 
previously thereto, relating to the appointment, or other- n^po5ce*ete. 



606 



1875.— Chapters 16, 17, 18. 



Act to take full 
effect March 1, 
1875. 



wise, of a state police, police commissioners, or police 
commission. 

Section 16. This act, so far as it authorizes the 
appointment of the chief and other detectives, shall take 
efl'ect on its passage, and as to its other provisions, it 
shall take effect on the first clay of March next. 

Approved February 13, 1875. 

Chap. 16. An Act to change the name and location of the Northampton 

LOAN AND TRUST COMPANY. 

Be it enacted, &c, as folloivs : 
Name changed. Section 1 . The Northampton Loan and Trust Com- 
pany, located at Northampton, shall be called the Massa- 
chusetts Loan and Trust Company and be located at 
Boston. 

Section 2. This act shall take effect when accepted 
by the stockholders at a meeting holden for that purpose. 

Approved February 18, 1875. 



Subject to 
acceptance by 
stockholders. 



Chap. 17. 



City of Boston 
may pay certain 
bills excluded 
by 1872, 274. 



An Act to permit the payment of certain biles by the city of 

BOSTON. 

Be it enacted, &c, as follows : 

Section 1. The provisions of chapter two hundred 
and seventy-four of the laws of the year eighteen hundred 
and seventy-two shall not be deemed applicable to the 
payment of the folloAving bills by the city of Boston ; the 
bill of Denio, Ham and Company for one thousand and 
seventy-eight dollars and thirty-six cents ; the bill of D. 
D. Kelley for one hundred and five dollars and eighty-two 
cents ; the bill of Henry Poor and Company for sixty-eight 
dollars and thirteen cents ; the bill of Patrick Donahoe for 
twenty-five dollars and twenty cents ; the bill of John H. 
Giblin for nine dollars. 

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

Approved February 18, 1875. 

Chap. 18. ■^ N "^ CT TO AUTHORIZE THE ARKWRIGHT MUTUAL FIRE INSURANCE 
-^' COMPANY TO ACCUMULATE AND HOLD A RESERVE. 

Be it enacted, &c, as follows: 

Section 1. The Arkwright Mutual Fire Insurance 
Company is authorized to accumulate and hold a reserve 
not exceeding in amount one per cent, of the total amount 
insured ; and said company may for this purpose withhold 
from its return of profits on expired policies an amount 
not exceeding twenty per cent, of such profits. 



May accumulate 
and hold a 
reserve. 



1875.— Chapters 19, 20, 21. 607 

Section 2. Income on investments of the reserve may income on in- 
be added thereto, until said reserve amounts to the sum reserve may be 
authorized by section one of this act. 

Section 3. No call shall be made upon the deposit No can to be 
notes held by said company until said reserve is exhausted, notes until 

Section 4. In the event of the dissolution of said hau'stld. 18 ex " 
company so much of said reserve as shall remain after ^^upon 6 
pavment of all expenses, liabilities, and losses, sha'll be ^solution of 

i J l ' ' ' , company after 

divided among the members of the company at the time payment of Ha. 
of its dissolution in proportion to the sums paid by them 
on their policies. 

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

Approved February 18, 1875. 

An Act in addition to an act to incorporate the fall river QJ ia/n in 

manufacturers' mutual insurance company. ■* ' 

Be it enacted, &c, as follows: 

Section 1. It shall be lawful for the deposit notes Deposit notes 
given for insurance in the Fall River Manufacturers' Mu- umes b the Ve 
tual Insurance Company, to be as much as five times the caahprcmlums, 
amount paid as cash premiums. 

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

Approved February 18, 1875. 

An Act concerning the recording of liens under chapter one QJia/n, 20, 

HUNDRED AND FIFTY OF THE GENERAL STATUTES. * 

Be it enacted, &c, as follows : 

Whenever a statement is filed in the registry of deeds items of account 
for the county of Suffolk under section four chapter three Sed wterisit, 
hundred and twenty-one of the acts of the year eighteen no't'be^cordedj, 
hundred and seventy-four, the register shall not be required 
to record the items of the account therein contained farther 
than to record the total amount claimed to be due. All 
statements, filed under said section, shall remain in the 
custody of the register for public inspection. 

Approved February 18, 1875. 

An Act to amend section five of chapter twenty-one of the Q/ iar) oj 

GENERAL STATUTES, IN RELATION TO THE REGISTRY AND RETURNS ■&" 

OF BIRTHS, MARRIAGES AND DEATHS. 

Be it enacted, &c, as follows : 

Section 1. Section five of chapter twenty-one, of the Registration 
General Statutes, is hereby amended by striking out the maa^onor 6 
word " February " in the second line of said section and jf° f ^ifch* 
inserting in place thereof the word "March." 

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

Approved February 19, 1875, 



608 



1875.— Chapters 22, 23, 24. 



Chan. 22. An Act to authorize the register of deeds for the southern 

' " DISTRICT OF MIDDLESEX COUNTY TO TRANSCRIBE CERTAIN CONVEY- 

ANCES AND INSTRUMENTS RELATING TO REAL ESTATE IN LITTLETON 
IN SAID COUNTY. 



Register for 
southern dis- 
trict of Middle- 
sex to transcribe 
records made in 
northern dis- 
trict relating to 
estates in 
Littleton. 



Be it enacted, &c, as folloivs: 

The register of deeds for the southern district of the 
county of Middlesex is hereby authorized and required at 
the expense of said county, to carefully and correctly 
transcribe and index, in the usual manner, in one or more 
books substantially bound, all records made for the regis- 
try of deeds in the northern district of Middlesex from 
and after the thirty-first day of May in the year eighteen 
hundred and fifty-six to the first day of June in the year 
eighteen hundred and sixty, of deeds and other instru- 
ments conveying or relating to land or estates situated in 
the town of Littleton in said county. Said transcripts 
duly certified by said register of deeds shall be deposited 
in the registry of deeds for said southern district of Mid- 
dlesex, and shall have the same force and effect as if the 
same were original records deposited there. 

Approved February 19, 1875. 



Chap. 23. 



East Bridge- 
water to be 
within jurisdic- 
tion of first 
district of 
Plymouth. 

Proceedings 
pending not to 
be affected. 



An Act to include the town of east bridgewater within the 
judicial district of the first district court of plymouth. 

Be it enacted, &c, as follows: 

Section 1. The judicial district now under the juris- 
diction of the first district court of Plymouth is enlarged 
by including within the jurisdiction of the said district 
court the town of East Bridgewater. 

Section 2. Nothing herein contained shall affect any 
proceeding now pending or duly commenced when this act 
shall take effect, before any justice of the peace or trial 
justice heretofore having jurisdiction of the same. 

Approved February 19, 1875. 



Chap. 24. 



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 : 
Appropriations. 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- 
five, to wit : — 



1875.— Chapter 24. 609 

LEGISLATIVE AND EXECUTIVE DEPARTMENTS. 

For printing and binding ordered by the senate or house Printing and 
of representatives, or by the concurrent order of the two byieguiature. 6 
branches, a sum not exceeding fifty thousand dollars. 

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

For printing blanks and circulars and the calendar of Senate wanks, 
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- House station- 
chased by the clerk of the house of representatives, a sum ery ' 
not exceeding two thousand dollars. 

For printing blanks, circulars and the calendar of House wanks, 

»■ O > circulars, etc. 

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 o'.^, "^ etc '' 
by the sergcant-at-arms for the legislature, a sum not ex- sergeant-at- 

** . *-* " arms. 

ceeding one thousand dollars. 

For postage, printing and stationery for the governor Postage, etc., 
and council, a sum not exceeding five hundred dollars. and ranhdi' 

For the contingent expenses of the governor and coun- contingent 
cil, a sum not exceeding one thousand five hundred dollars, cound" 

STATE HOUSE EXPENSES. 

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

, , liii Fuel and lights. 

ing six thousand dollars. 

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

For contingent expenses of the senate and house of rep- contingent ex- 

... i . j i , .i , z. penses of senate 

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



HOUSES IN PEMBERTON SQUARE. 

For rent of houses numbers twenty-four and thirty- Rents, etc, of 
three, Pemberton square, and for expenses connected with berton square!" 
house number thirty-three, a sum not exceeding fifteen 
thousand dollars. 
4 



610 



1875.— Chapter 24. 



Printing general 
laws. 



Printing and 
binding " Blue- 
Book." 



Newspaper 
publication of 
general laws. 



Public docu- 
ments. 



Binding. 
Term reports. 



Supplement to 

General 

Statutes. 



STATE PRINTING. 

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

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

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

For printing the public series of documents in the last 
quarter of the year eighteen hundred and seventy-five, 
under the direction of the secretary of the 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 five thousand 
dollars. 

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



Incidental 
expenses — 
Secretary. 



Treasurer. 



Tax commis- 
sioner. 



Auditor. 



Insurance com- 
missioner. 



S. J. Court. 



INCIDENTAL AND CONTINGENT EXPENSES. 

For incidental expenses of the secretary's department, a 
sum not exceeding six thousand dollars ; and for assessors' 
books and registration blanks for the secretary's depart- 
ment, a sum not exceeding two thousand five hundred 
dollars. 

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

For expenses of the tax commissioner, a sum not ex- 
ceeding three thousand seven hundred and fifty 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 dollars. 

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



1875.— Chapter 24. 611 

For fees, costs and expenses of the attorney-general, Attorney- 
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 civil actions. 
exceeding three hundred dollars. 



MILITARY. 

For the incidental and contingent expenses of the Adjutant-gen. 

eral, incid 
expanses. 



adjutant-general's department, a sum not exceeding three ei 



thousand five hundred dollars. 

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

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

For the rent of armories and head-quarters, a sum not Rent of 
exceeding thirty-nine thousand dollars. 

For the transportation of troops, a sum not exceeding Transportation. 
twelve thousand dollars. 

For quartermasters' supplies, a sum not exceeding seven- Quartermasters- 
teen thousand dollars. supplies. 

For military tactics, a sum not exceeding five hundred Military tactics. 
dollars. 

For uniforms for the volunteer militia, sum not exceed- uniforms. 
ing eighty-five thousand dollars. 

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

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

For the reimbursement of cities and towns, for money Reimbursement 
paid on account of aid to Massachusetts volunteers and 
their families, a sum not exceeding four hundred and 
seventy-five thousand dollars ; the same to be payable on 
the first day of December, of the present year. 

For the payment of state aid, as authorized in sundry state aid under 
special acts and resolves, a sum not exceeding two hundred specia aw8 ' 
dollars. 

For the payment of bounties remaining due to Massa- Bounties to 

i soldiers 

chusetts soldiers, a sum not exceeding one thousand 
dollars. 

AGRICULTURAL. 

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

• i i ,. t t ii societies. 

ing eighteen thousand dollars. 



612 



. 1875.— Chapter 24. 



Personal ex- 
penses of mem- 
bers of board. 



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

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

For other incidental expenses of the board of agricult- 
ure, a sum not exceeding one hundred and fifty dollars. 
Printing report. For printing the report of the board of agriculture, a 
sum not exceeding fifteen thousand dollars. 

The fees received under section two of chapter two hun- 
dred and six of the acts of the year eighteen hundred and 
seventy-four, entitled, "an act concerning commercial fer- 
tilizers," are hereby appropriated, to be used iu accord- 
ance with the provisions of section five of the same act. 



Secretary. 



Incidental 
expenses. 



Fees for licenses 
under 1874, 206, 
§2. 



Distribution of 
proclamation by 
sheriffs. 



Books for state 
library. 



Railroad com- 
missioners. 



Commissioners 
on public lands. 



Commissioners 
on fisheries. 



Board of health. 



Commissioner 
of corporations. 



Harbor commis- 
sioners. 



MISCELLANEOUS. 

To the sheriffs of the different counties for distributing 
proclamations, blanks, and making returns of votes, a sum 
not exceeding five hundred dollars. 

For the purchase of books for the state library, two 
thousand three hundred dollars, to be expended under 
direction of the trustees and librarian. 

For the compensation of experts or other agents, for 
rent of oifice and for contingent expenses of the railroad 
commissioners, a sum not exceeding three thousand dollars. 

For the compensation of the commissioners on public 
lands, a sum not exceeding 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 applied and used 
in accordance with the statutes. 

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

For the expenses of the state board of health, a sum 
not exceeding five thousand dollars. 

For the expenses of the commissioner of corporations, 
a sum not exceeding one thousand seven hundred and fifty 
dollars. 

For the compensation and expenses of the harbor com- 
missioners, a sum not exceeding eleven thousand seven 
hundred and fifty dollars. 



1875.— Chapter 25. 613 

For expenses incurred under authority of chapter three Expenses in- 
hundred and seventeen of the acts of the year eighteen 1874,317. 
hundred and seventy-four, entitled "an act to secure a 
more equal apportionment of state and county taxes upon 
the several cities and towns," a sum not exceeding one 
thousand five hundred dollars, the same to be in addition 
to the unexpended balance of the appropriation made for 
the same purpose in the previous year. 

For the compensation and expenses of the state police, state police. 
a sum not exceeding twenty-five thousand eight hundred 
dollars, viz., for the compensation of the chief constable, 
five hundred dollars ; for the compensation of the con- 
stables, twenty thousand dollars ; for travelling expenses 
actually paid by said constables, three thousand five hun- 
dred dollars, and for incidental and contingent expenses, 
to include any unpaid amounts of the previous year, one 
thousand eight hundred dollars. 

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

Approved February 20, 1875. 

An Act to authorize the commissioners on the state hospital Q/iap. 25. 

FOR THE INSANE, IN THE TOWN OF DANVERS, TO PROCURE A SUPPLY 
OF PURE WATER FROM IPSWICH RIVER. 

Be it enacted, &c., as follows : 

Section 1. The commissioners appointed under the commissioners 
authority of chapter two hundred and thirty-nine of the "Lt c ff' y 
acts of the year eighteen hundred and seventy-three, ^^^ River - 
entitled " An Act to establish a hospital for the insane in 
the north-eastern part of the Commonwealth," are hereby 
authorized and empowered to take from Ipswich Eiver at 
some convenient point near the site of the state hospital 
for the insane in the town of Danvers, a supply of pure 
water for the use of the said hospital and its appurtenances. 
Said commissioners may also take and hold by purchase or May take lands, 
otherwise, in connection with the said source of supply, etc. 
any lands and real estate necessary for increasing or 
preserving the purity of the water, or for laying, building 
and maintaining aqueducts, water-courses, reservoirs, dams, 
buildings, machinery and other structures and appliances, 
with their accessories for conducting, elevating, purifying, 
storing, discharging, disposing of and distributing water 
for the said hospital and the buildings and grounds con- 
nected there with. 

Section 2. The said commissioners shall, within sixty Registry "/deeds 
days from the time of taking any lands or real estate i >r theT a C nd P takeD°. f 



614 1875.— Chapter 26. 

the purpose aforesaid, file in the registry of deeds for the 
southern district of the county of Essex, a description of 
the lands so taken, sufficiently accurate for identification ; 
and the title of all lands so taken shall vest in the Com- 

Liabiiityfor rnonwealth. Said commissioners shall be liable to pay all 
damages sustained by any persons in their property by the 
taking of said lands, or real estate, or by the taking of 
the supply of water as aforesaid. If any person who 
shall sustain damages as aforesaid cannot agree with said 
commissioners upon the amount of damages, he may have 
them assessed and paid in the same manner as is provided 
by law with respect to land taken for highways : provided 
Itoivever, that the applications for a jury to assess damages, 
sustained by the taking of any water or water-right, may 
be made at any time before the first day of November in 
the year eighteen hundred and seventy-eight. 

May contract Section 3. The said commissioners may, with the ap- 

for construction i/»ji i -i i_ i_ u ai 

of dams, etc., proval ol the governor and council, contract tor the con- 
prova^ofTe struction of dams, reservoirs, aqueducts and pumping 
founcli? rand works, and the laying of conduits, pipes and drains for 
the purpose of conducting and distributing the said water 
to, into and through the said hospital and the buildings 
and grounds connected therewith. 
Expenses to be Section 4. All expenses incurred by the said commis- 
app r ropHatioi?8 sioners under the provisions of this act, shall be defrayed 
mude? fore from the appropriations heretofore made for the establish- 
ment of the said hospital in the town of Danvers. 

Approved February 20, 1875. 

Chan. 26. -^ N ^ CT authorizing the clerk of the courts in Hampshire 
^' county to draw pay for clerk hire from the county 

treasury. 

Be it enacted, &c, as follows : 
Allowance to Section 1. The county commissioners of Hampshire 

clerk of courts „ » ,, c • i \ 

for extra cierk county may allow, trom the treasury ot 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 Jan- 
uary in the year eighteen hundred and seventy-five. 

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

Approved February 20, 1875. 



hire. 



1875.— Chapter 27. 615 



An Act in relation to the increase and reduction of the (JJiap. 27. 

CAPITALS OF JOINT STOCK INSURANCE COMPANIES. 

Be it enacted, t&c, as follows : 

Section 1. Whenever the capital stock of any fire, May reduce 

n . -I . capital stock 

marine or hre-marme insurance company, organized or in- when capital is 
corpora ted pursuant to law, is impaired, such company Hn P aired - 
may reduce its capital stock and the number of shares 
thereof to such an amount as truly represents the assets 
and property of such company : provided, that no part of Proviso. 
its assets and property shall be distributed to the stock- 
holders of said company and that said capital stock shall 
not be reduced below the minimum sum required by the 
laws of this Commonwealth. 

Section 2. No reduction of the capital of any such Reduction may 
company shall be made, except upon a vote of a majority V ot™of a major- 
of the stockholders of said company had at a meeting duly holder! 0015 " 
and legally called for that purpose: and within ten days certificate of 
after said meeting a certificate, setting forth the proceed- Ee°ffledwith 
ings of said meeting and the amount of the reduction of mL"'ioner. com ' 
the capital stock of said company, shall be signed and 
sworn to by the president, secretary and a majority of the 
directors of said company and presented to the insurance 
commissioner, who shall examine the facts in the case, and 
if the same conform to law, shall endorse his approval 
thereof: and such certificate, so approved, shall be filed 
with the secretary of the Commonwealth. 

Section 3. Upon filing the certificate provided in the Rights and 
second section of this act, such company shall with such habIlltieB - 
reduced capital possess the same rights and be subject to 
the same liabilities that it possessed or was subject to at 
time of the reduction of its capital ; and the charter of 
such company shall be deemed to be amended so as to 
conform to such reduction ; and the insurance commis- 
sioner shall issue his certificate to that effect. 

Section 4. Such company may, by a majority vote of certificates of 
its directors, after said reduction of capital shall have 
been made as aforesaid, require the return of the original 
certificates of stock held by each stockholder and in lieu 
thereof issue new certificates for such number of shares as 
the said stockholders shall be entitled to, in the proportion 
that the reduced capital may be found to bear to the 
original capital of said company. 

Section 5. It shall be lawful for any ioint stock fire, May increase 

* . . " " -. capital stock. 

marine or nre-marine insurance company, incorporated 1872, 375, § 13. 



616 



1875.— -Chapter 28. 



Amendment to 
1863, 249, §§7,9. 



under any special laws of this Commonwealth, to increase 
its capital stock as provided in section thirteen chapter 
three hundred and seventy-five of the acts of the year 
eighteen hundred and seventy-two. 

Section 6. Section seven, chapter two hundred and 
forty-nine of the acts of the year eighteen hundred and 
sixty-three is hereby amended by striking out the word 
" shall " and inserting in lieu thereof the word " may," and 
section nine of the same chapter is hereby amended by 
inserting after the word " risks," K or decreased in accord- 
ance with the laws of this Commonwealth." 

Section 7. This act shall take effect upon its passage. 

Approved February 20, 1875. 

Chap. 28. An Act to amend an act to provide for the prevention and 

ABATEMENT OF NUISANCES AND THE PRESERVATION OF THE PUBLIC 
HEALTH, IN THE CITIES OF CAMBRIDGE AND SOMERVILLE. 

Be it enacted, &c, as follows : 

Chapter two hundred and ninety-nine of the acts of 
eighteen hundred and seventy-tAvo is hereby amended, by 
adding at the end of the fifth section of said act the fol- 
lowing words : — " If the owner of any estate within said 
city of Cambridge, so assessed for such expenses, desires 
to have the amount of said assessment apportioned he 
shall give notice thereof in writing to the board of mayor 
and aldermen of said city at any time before a demand is 
made upon him for the payment thereof, and said board 
shall thereupon apportion the said amount into five equal 
parts, which apportionment shall be certified to the assess- 
ors 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 the warrant to the collector 
one of said equal parts, with interest thereon from the 
date of said apportionment, which part, with interest 
thereon, shall be collected and the lieu therefor enforced 
in the same manner, with like charges for cost and interest, 
and with the same right in the collector to purchase such 
lands and buildings in behalf of the city as is provided by 
law for the collection of taxes on real estate. The city of 
Cambridge ma} r assume the cost of raising to the required 
grade such private ways or courts in said city, as have 
been or may be ordered to be filled to grade under the 
provisions of this act." Approved February 24, 1875. 



Abatement of 
nuisances and 
preservation of 
health in Cam- 
bridge and 
Somerville. 
1872, 299, § 5. 



1875.— Chapter 29. 617 



An Act to provide for the appointment of inspectors of pro- Chap. 29. 

VISIONS IN CITIES AND TOWNS. 

Be it enacted, <&c, as follows : 

Section 1. The mayor and aldermen of cities and the inspectors of 

, ... ii . . provisions may 

selectmen ot towns may annually appoint one or more be appointed. 
persons to be inspectors of provisions, who shall be sworn 
to discharge the duties of their office faithfully, and who 
shall receive such compensation as the city council of cities 
or the selectmen of towns shall determine. 

Section 2. Said inspectors shall have power to inspect May inspect 

. , ,, , f. , Jr , . . p. meats, vege- 

all meats, hsh, vegetables, produce, fruit and provisions of tables, fish, etc 
all kinds found in said cities or towns ; and may for this 
purpose enter into all buildings except dwelling-houses 
unless a tavern, store, grocery or eating- room is kept 
therein, where said meats, fish, vegetables, produce, fruit 
or provisions are found. When such meat, fish, vegeta- May seize and 
bles, produce, fruit or provisions are found on such in- w^oieJonTefood. 
spection to be tainted, diseased, corrupted, decayed or 
unwholesome from any cause, said inspectors may seize 
the same and cause it to be destroyed or disposed of other- 
wise than for food : provided, however, that if the owner Proviso. 
of the property seized shall at the time of seizure notify 
said inspector in writing of his desire to appeal to the 
board of health, said inspector shall cause said meat, fish, 
vegetables, produce, fruit or provisions to be inspected by 
said board of health or by a committee thereof, consisting 
of not less than two members, and if said board or com- 
mittee shall find the same to be tainted, diseased, cor- 
rupted, or unwholesome, they shall order the same to be 
destroyed or disposed of otherwise than for food. All 
moneys received by said inspector or board of health for 
property disposed of as aforesaid, shall", after deducting 
all expenses incurred by reason of said seizure, be paid to 
the owner thereof. 

Section 3. Said inspectors shall have power to inspect May seize and 
all veal found in said cities or towns : provided, they shall timt'ofVcaif 
not have authority to enter for that purpose into any fJur weeksoid. 
dwelling-house unless a tavern, store, grocery or eating- 
room is kept therein ; and if said veal is, in the judgment 
of the inspector, that of a calf killed under four weeks 
old, he shall seize the same and cause it to be destroyed 
or disposed of, as provided in the preceding section, sub- 
ject, however, to the same provisions concerning appeal 
and the disposal of moneys that are therein contained. 
5 



618 



1875.— Chapter 30. 



Warrants may 
be issued to 
search for 
tainted food, 
etc. 



Penalties. 



Name and place 
to be published, 
■when property 
is condemned. 



Repeal of 1872, 
231. 



Subject to ac- 
ceptance by 
cities and towns. 



Section 4. When complaint is made on oath to any 
police court or magistrate authorized to issue warrants in 
criminal cases, that the complainant believes that any- 
tainted, diseased, corrupted, decayed or unwholesome 
meat, fish, vegetables, produce, fruit or provisions of any 
kind, or any veal of a calf killed under four weeks old is 
kept or concealed in any particular house or place with 
the intent to sell or offer the same for sale, the court or 
magistrate, if satisfied there is reasonable cause for such 
belief, shall issue a warrant to search for such articles, and 
all such warrants shall be directed and executed as pro- 
vided in the third section of chapter one hundred and 
seventy of the General Statutes. 

Section 5. Whoever knowingly sells, or offers, or ex- 
poses for sale, or has in his possession with intent to sell 
as articles of food, any tainted, diseased, corrupted, de- 
cayed or unwholesome meat, fish, vegetables, produce, 
fruit or provisions of any kind whatever, shall be punished 
by imprisonment in jail not exceeding sixty days, or by 
fine not exceeding one hundred dollars. 

Section 6. The place where property condemned 
under this act shall be found, and the name of every per- 
son in whose possession it may be found and condemned, 
or who shall be convicted of an offence under the previous 
section, shall be published in two newspapers published in 
the county. 

Section 7. Chapter two hundred and thirty-one of the 
acts of the year eighteen hundred and seventy-two, is 
hereby repealed. 

Section 8. This act shall not be in force in any city 
or town, unless adopted by the city council of such city, 
or by the inhabitants of such town. 

Approved February 24, 1875. 



Chap. 30. 



Clerk of town 
of Warwick 
may amend 
record of town 
meeting. 



An Act to enable the clerk of the town of Warwick for 
the year one thousand eight hundred and seventy, to amend 
his record of the town meeting held september sixth, of 
that year. 

Be it enacted, &c., as follows : 

Section 1. Arlon S. Atherton, clerk of the town of 
Warwick for the year one thousand eight hundred and 
seventy, is hereby authorized to amend his record of the 
town meeting of the inhabitants of said town, held on the 
sixth clay of September of that year, so that the fact may 
appear, that the vote, by which said town voted to accept 



1875.— Chapters 31, 32, 33. 610 

the provisions of chapter one hundred and ninety-six of 
the acts of the legislature for the year one thousand eight 
hundred and seventy and to reestablish the school district 
system, was unanimous. 

Section 2. After the amendment of said record, said vote confirmed. 
vote shall be held to be valid and effectual from its passage. 

Approved February 24, 1875. 
An Act to extend the time for commencing the cape cod ship Chap. 31 

CANAL. * % 

Be it enacted, &c, as follows: 

Section 1 . The time fixed by chapter thirty-six, of the Time extended 
acts of the year eighteen hundred and seventy, and c anai? mmencing 
chapter fifty-four of the acts of the year eighteen hundred 
and seventy-two, for commencing the Cape Cod Ship 
Canal, is hereby extended one year. 

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

Approved February 24, 1875. 

An Act to dissolve the east abington fire district. Chap. 32. 

Be it enacted, &c, as follows: 

Section 1. The East Abington Fire District is hereby Fire district 

dissolved. dissolved. 

Section 2. This act shall take effect, whenever the said f e u ^anee t0 b aC fire 
fire district shall, by vote of a majority of the legal voters district. 
thereof, at a legal meeting held for that purpose, accept 
this act and shall transfer its property to the town of 
Rockland. Approved February 27, 1875. 

An Act to amTend section nineteen of chapter one hundred ™ oo 

AND FORTY-SIX OF THE GENERAL STATUTES CONCERNING REVIEWS ^ lm V ' °°' 
OF FINAL JUDGMENTS IN CIVIL ACTIONS. 

Be it enacted, &c, as follows: 

Section nineteen of chapter one hundred and forty-six Final judgments 
of the General Statutes is hereby amended to read as mYytlTe. 1008 

follows : - examined and 

m m tried upon writs 

Final judgments in civil actions may be reexamined and ^TuT'su 
tried anew upon writs of review as provided in the follow- 
ing sections of this chapter ; or if upon a petition for set- 
ting aside the judgment in any such action, in which the 
execution has not been satisfied in whole or in part, filed 
within one year after the recovery of the judgment, the 
court shall be of opinion, after notice to the adverse party, 
that there is sufficient cause, for which by law a review 
should be granted, the court may vacate said judgment, 
stay and supersede any execution thereon, and order said 



620 



1875.— Chaptek 34. 



Petition to be 
entered in 
county where 
judgment was 
rendered. 



Petitioner to 
give bond. 



action to be brought forward on the docket of the court, 
to be tried and disposed of as if said judgment had not 
been rendered. 

The said petition shall be entered in the county in which 
the judgment was rendered, and if the court is not then in 
session in said county, it shall be filed in the clerk's office 
in said county, and after said entry or filing, any justice 
of the said court may order notice of said petition, return- 
able at the next term of said court to be held in said county, 
and may issue a stay or supersedeas of any execution on 
said judgment and an order for its return to the clerk's 
office with a certificate of any proceedings thereon. 

The petitioner shall, in all cases, before the vacation of 
said judgment and before the stay or supersedeas of said 
execution, give to the adverse party a bond with sufficient 
sureties, to be approved by a justice of said court, that, 
if the said judgment is not vacated upon said petition, the 
petitioner shall satisfy said judgment and all costs accrued 
on any execution issued thereon, and that if said judgment 
is vacated, he shall satisfy the execution that may be 
issued in favor of the adverse party on any judgment that 
may be thereafter rendered in said action. And the court 
may impose any other reasonable terms upon the petitioner. 

No attachment made, or bail taken originally in the suit, 
shall be liable to satisfy the judgment rendered after the 
original judgment has been vacated. 

This act shall not confer the power to grant a review 
upon any court not now authorized by law. to grant the 
Same. Approved February 27, 1875. 

Ohav. 34. An Act to extend the charters of certain insurance com- 
* panies. 

Be it enacted, &c, as follows: 
hisar^nce^om- Section 1. Insurance companies created by the laws 
paniea extended, of this Commonwealth, whose charters were granted or 
have been extended for a term of years or subject to a 
limitation of time, shall continue to be bodies corporate, 
for the purposes specified in their several acts of incorpora- 
tion and in any acts in addition to or in amendment thereof, 
from and after the expiration of their respective charters, 
with the powers and privileges, and subject to the duties, 
liabilities and restrictions set forth in the general laws 
which are or may be in force and applicable to such insur- 
ance companies. 

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

Approved March 4, 1875. 



Attachment 
dissolved when 
original judg- 
ment is vacated. 



1875.— Chapters 35, 36. 621 

An Act ceding jurisdiction to the united states over lands Q]iar>, 35. 

USED FOR CUSTOMS-OFFICES OR MARINE HOSPITALS. 

Be it enacted, &c, as follows: 

Section 1. Jurisdiction is ceded to the United States of jurisdiction 
America over any tracts of land within this Commonwealth states ^e^iand 
necessary for the purposes of customs-offices or of marine ^e^Te. 
hospitals to which the United States have acquired or shall 
hereafter acquire the title in fee : provided always, that state to retain 
this Commonwealth shall retain concurrent jurisdiction jurisdiction for 
with the United States in and over such tracts, so that all process!" ° f 
civil and criminal process, issuing under the authority of 
this Commonwealth, may be executed thereon and in any 
buildings thereon in the same manner and to the same 
effect, as if this act had not been passed ; and exclusive 
jurisdiction shall revest in this Commonwealth over any 
such tract when it shall cease to be used for the purpose 
of a customs-office or of a marine hospital; and provided Proviso. 
also, that a suitable plan of each tract, over which jurisdic- 
tion is acquired by the United States under this act, shall 
be tiled in the office of the secretary of the Commonwealth 
within one year from the passage of this act as respects 
lands heretofore acquired for said purposes by the United 
States and within one year after the acquisition of the title 
as respects such lands hereafter acquired. 

Section 2. This act shall not apply to lands, jurisdic- Not to apply 

"wncrc iurisdic- 

tion over which has been heretofore ceded to the United tion has been 
States by this Commonwealth. ceded . ° re 

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

Approved March 4, 1875. 

An Act to incorporate the town of south abington. Chap. 36. 

Be it enacted, &c, as follows : 

Section 1. All the territory now within the towns of Town of south 

. -i-n -r-»«T • i • i Abington lneor- 

Abington and Last Bndgewater, comprised within the porated. 
following limits, that is to say ; beginning at a stone mon- Territorial 
ument at the south-westerly corner of the town of Rock- lmut8 " 
land, thence northerly by the town of Rockland three hun- 
dred and eighty-five rods ; thence westerly in a straight 
line to the westerly side of Washington street, to the 
dividing line between the lands of Ebenezer Reed and 
Lewis B. Peuniman ; thence westerly in a straight line to 
a point in the line between the towns of Abington and 
Brockton, fifty rods southerly from the westerly end of 
Green street ; thence southerly and easterly by the town 
of Brockton to a stone monument in the line of Abington, 



622 1875.— Chapter 36. 

at the corner of the towns of Brockton and East Bridge- 
water ; thence southerly by the town of Brockton, about 
eighty-five rods, to a stone monument, thence westerly by 
the town of Brockton, fifty rods ; thence southerly in a 
straight line to a point in the easterly line of Winter street 
in East Bridgewater, twenty-five rods southerly from the 
south-westerly corner of the dwelling-house of Ebeuezer 
Alger ; thence easterly in a straight line to a point on the 
westerly line of Winter street, three rods southerly from 
the south-easterly corner of the dwelling-house of Charles 
Smith ; thence easterly in a straight line to a point on the 
westerly line of Bedford street, thirty feet southerly from 
the centre of Snell's meadow-brook ; thence easterly in a 
straight line to a stone monument on the westerly side of 
Washington street, near the dwelling-house of James S. 
Harding ; thence easterly, northerly, and easterly again, 
by the towns of East Bridgewater and Hanson, to the first- 
named point, — is hereby incorporated into a town by the 
name of South Abingtou ; and said town of South Alding- 
ton is hereby invested with all the powers, privileges, rights 
and immunities, and is subject to all the duties and requisi- 
tions, to which other towns are entitled and subjected by 
the constitution and laws of this Commonwealth. 
inhabitants of Section 2. The inhabitants of said town of South 
to°pa y arreans° n Abingtou shall be holden to pay all arrears of taxes, which 
Abu^on^and have been legally assessed upon them by the towns of 
watlr B " dge " Abington and East Bridgewater, respectively ; and all 
taxes heretofore assessed and not collected shall be col- 
lected and paid to the treasurer of the towns of Abington 
and East Bridgewater, 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, East Bridgewater and South 
Abington, shall be ascertained and determined by the last 
valuations of the towns of Abington and East Bridgewater, 
and the assessors of the said towns of Abington and East 
Bridgewater, shall make returns of said valuations, and of 
the proportions thereof, in the towns of Abington, East 
Bridgewater and South Abington respectively, to the sec- 
retary of the Commonwealth aud to the commissioners of 
the county of Plymouth. 
Liability for ( Section 3. Said towns of Abington, East Bridgewater 
paupers. and South Abington shall be respectively liable for the sup- 

port of all persons who now do, or shall hereafter stand in 



1875.— Chapter 36. 623 

need of relief as paupers, whose settlement was gained, 
whether by original acquisition or derivation within their 
respective limits ; and the town of South Abington shall 
also pay annually to the towns of Abington and East 
Bridgewater, its proportion of all the costs paid by the 
towns of Abington or East Bridgewater, respectively, or 
derived from a settlement acquired in Abington or East 
Bridgewater in consequence of military services in the 
war of the rebellion : provided, that the person who ren- 
dered such military service was not at the time of his 
enlistment an inhabitant of Abington or East Bridgewater. 

Section 4. All suits and proceedings at law or in Prosecution of 

„ r . /. /• • suits and pro- 

equity, where the cause of action in favor of or against oeedings at law 
the town of Abington or the town of East Bridgewater where cause of 
arose before the passage of this act, may be instituted and before "asslge 
prosecuted or defended, as the case may be by either or ofthis act * 
both of the towns of Abington and South Abington, or 
by either or both of the towns of East Bridgewater and 
South Abington or the inhabitants thereof in their cor- 
porate capacity, in the same manner and with the same 
effect as the town of Abington or the town of East Bridge- 
water might have instituted and prosecuted or defended 
such suits or proceedings if this act had not been passed, 
and the amount recovered in any such suit or proceeding 
by or against said town of Abington, or said town of East 
Bridgewater shall be received or paid, as the case may be 
by the towns of Abington and South Abington, or the 
towns of East Bridgewater and South Abington in the 
same proportions as the public property and debts of the 
towns of Abington and East Bridgewater are required to 
be divided bv this act: provided, that neither of said Neither town 

i ii i i> i i <« ii i • liable for costs 

towns shall be liable for costs to the other unless it appears to the other, 

,, ., i ii -.1 i •! • unless it appears 

in the suit; nor shall either town, unless it appears in a in the suit. 
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. 
towns of Abington and East Bridgewater at the date of L°™ P ubiic debu 
the passage of this act, and the public debt of said towns 
existing at said date, shall be divided between the towns 
of Abington and South Abington and between East Bridge- 
water and South Abington according to the valuation of 
the property within their respective limits, as assessed 
May first, in the year eighteen hundred and seventy-four ; 
and said town of South Abington shall receive from said 



624 



1875.— Chapter 36. 



Reimbursement 
for state aid and 
bounties to 
soldiers. 



If division of 
property or 
debts is not 
agreed upon, 
award to be 
made by com- 
missioners 
appointed by 
superior court. 



State and 
national election 
districts. 



Representatives 
to the general 
court. 



towns of Abington and East Bridgewater, a proportionate 
part of whatever amount may hereafter be refunded to said 
towns of Abington and East Bridgewater, from the state 
or the United States, to reimburse said towns of Abington 
and East Bridgewater for bounties to soldiers, or state aid 
paid to soldiers' families, after deducting reasonable 
expenses ; and said town of South Abington shall bear the 
expense of making the survey and establishing the line 
between said towns of Abington and East Bridgewater 
and said town of South Abington. 

Section 6. In case said towns of Abington, East 
Bridgewater and South Abington shall not agree in respect 
to a division of property, or debts, the superior court for 
the county of Plymouth shall, upon the petition of either 
town, appoint three commissioners ; and said petition may 
be filed and -appointments made in vacation, to hear the 
parties and determine the matters of differences, 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 hereinbefore pro- 
vided. In making said award said commissioners shall 
assign the real estate belonmno: to said towns of Abimrton 
and East Bridgewater, 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 practicable. 

Section 7. The town of South Abington shall until 
otherwise provided by law, continue to be a part of the 
second congressional district, of the second councillor dis- 
trict, and of the second Plymouth senatorial district. And 
inhabitants of said town of South Abington, shall vote for 
each of said officers in the town of South Abington. The 
selectmen and clerk of said town of South Abington, in 
each of said cases, shall make returns as if said town had 
existed at the time of the formation of said districts. 

Section 8. The territory of the town of South Abing- 
ton which has heretofore been a part of Abington, shall, 
for the purpose of electing representatives to the general 



1875.— Chapter 36. 625 

court, remain a part of the twelfth Plymouth representative Twelfth ri y m. 
district until legally changed. And the voters on said outh diBtrict - 
territory shall vote for said representatives in the town of 
South Abington, at meetings legally called for that pur- 
pose ; and the clerk of the town of South Abington 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 rep- 
resentative district, and making certificates of the same at 
noon on the day following said election, at the town-clerk's 
office in said Abington. 

Section 9. The territory of the town of South Abing- Representatives. 
ton, which has heretofore been a part of East Bridgewater, outhdistriet m " 
shall, until legally changed, remain a part of the eleventh 
Plymouth representative district, and the voters thereof 
shall continue to vote in the town of East Bridgewater for 
representatives to the general court, but shall be assessed 
and taxed only as inhabitants of the town of South Abing- 
ton. The clerk of said town of South Abington shall, 
before each election referred to in this section, furnish to 
the clerk of the town of East Bridgewater, seven days at 
least before said election, a certified list of the voters 
resident in said territory set off by this act, and qualified 
to vote at such election. 

Section 10. The town of South Abington shall be Tobewithin 
included within the jurisdiction of the second district court ieco^diXict 
of Plymouth. outh!° fPlym " 

Section 11. Any justice of the peace within and for First meeting 
the county of Plymouth may issue his warrant directed to town officers. 
any inhabitant of the town of South Abington, requiring 
him to notify and warn the inhabitants thereof qualified to 
vote in town affairs, to meet at the time and place therein 
appointed, for the purpose of choosing all such town 
officers as towns are 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, attested by the person to whom the same is 
directed, in three public places in said town of South 
Abington, seven days at least before such time of meet- 
ing. Such justice, or in his absence, such inhabitant 
required to notify the meeting, shall preside until the 
choice of moderator in said meeting:. The selectmen of Lists of voters 

• i c a -i-r-iT^-1 to be furnished 

said towns of Abington and East Bridgewater respect- by selectmen of 



626 



1875.— Chaptees 37, 38. 



Abington and 
East Bridge- 
water. 



ively, shall, before said meeting, prepare a list of voters 
in said town of South Abington, qualified to vote at said 
meeting, and shall deliver the same to the person presid- 
ing at such meeting, before the choice of a moderator 
thereof. 

Section 12. This act shall take effect upon its passage. 

Apjjroved March 4, 1875. 



May raise 
money for cen- 
tennial celebra- 
tion of battle of 
Lexington. 



Chap. 37. An Act to authorize the town of Lexington to raise money 

FOR A CENTENNIAL CELEBRATION OF THE BATTLE OF LEXINGTON. 

Be it enacted, &c, as follows: 

Section 1. The town of Lexington is hereby author- 
ized to raise money by taxation or otherwise, to an amount 
not exceeding one-third of one per cent, on the last valua- 
tion of said town, for the purpose of commemorating on 
the nineteenth day of April in the year eighteen hundred 
and seventy-five, the one hundredth anniversary of the 
Battle of Lexington and for publishing the doings of said 
celebration. 

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

Approved March 4, 1875. 



Chap. 38. 



Shell-fisheries 
regulated in 
town of Brew- 
ster. 



Penalties. 



An Act concerning the shell-fisheries of the town of 

brewster 
Be it enacted, &c, as follows : 

Section 1. No person, except the inhabitants of the 
town of Brewster, shall take any clams, quahaugs, oysters 
or other shell-fish from within the waters of said town, 
without a permit from the selectmen thereof, nor shall any 
inhabitant of said town, at any one time, take more than 
three bushels of said fish, including their shells, for bait, 
or for the purpose of selling the same without a permit 
from the selectmen of said town, who may grant the same 
for such sum to be paid to the use of said town, as they 
shall deem proper ; but the inhabitants of said town may 
take said fish for family use without such permit. 

Section 2. Whoever takes any shell-fish from within 
the waters of said town of Brewster in violation of the 
provisions of this act, shall, for every offence pay a fine of 
not less than five nor more than ten dollars, and costs of 
prosecution, and also one dollar for every bushel of shell- 
fish so taken, said fine and forfeiture imposed under this 
act to be recovered by indictment or complaint before a 
trial justice in the county of Barnstable. 

Approved March 4, 1875. 



1875.— Chapters 39, 40, 41. 627 

An Act to amend chapter seventy-six of the acts of the year Q/iap. 39. 

EIGHTEEN HUNDRED AND SIXTY-NINE, RELATING TO FISHING IN THE 
CONNECTICUT RIVER. 

Be it enacted, &c, as follows: 

Section 1. Section one of chapter seventy-six of the shad may be 
acts of the year eighteen hundred and sixty-nine is hereby B ndSne, be™ 
amended so that shad may be taken from the Connecticut ilthan^August 
River with rod and line and artificially-baited hook at any j^b, 76,§i. 
time between the fifteenth day of March and the first day 
of August in each year. 

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

Approved March 8, 1875. 

An Act to amend section twenty-seven of chapter one hun- (JJian. 40. 

DRED AND SIXTY-TWO OF THE GENERAL STATUTES TO PROVIDE FOR 
THE SEIZURE AND DESTRUCTION OF FORGED OR COUNTERFEIT NOTES 
OR BONDS OF ANY STATE OR CORPORATION. 

Be it enacted, &c, as follows : 

Section 1. Section twenty-seven of chapter one hun- Forged or coun- 
dred and sixty-two of the General Statutes is hereby b e r n f d i 8 t . notes or 
amended by inserting after the word "notes" in the first ^f^ed! § 27 ' 
line the words " or forged or counterfeit notes or bonds of 
any state or corporation." 

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

Approved March 8, 1875. 

An Act to incorporate the Cheshire water company. Chav 41 

Be it enacted, &c, as follows : 

Section 1. Richard A. Burget, Felix F. Petitcler and corporators. 
George Martin, their associates and successors are made 
a corporation under the name of the Cheshire Water Com- Name and 
pany, for the purpose of supplying the town of Cheshire P ur P° se - 
with pure water ; and for this purpose may take and hold 
the waters of Thunder brook, sometimes called the New 
Road brook, in said town, at any point above its entrance 
into Kitchen brook, together with any tributary streams 
which flow into the said Thunder brook, and any spring 
or springs which flow into the same ; may from time to 
time build, and maintain dams, reservoirs, aqueducts and 4 
other suitable or necessary works ; may take and hold ^ f2nds ai etc 
such land along the banks of said Thunder brook and its 
tributaries, and around the margin of said springs, not 
exceeding five rods in width on each side as may be nec- 
essary for the preservation and purity of said waters ; 
and from time to time may take and hold such other lands 
as may be necessary for the construction and maintenance 



628 



1875.— Chapter 41. 



Proviso. 



To file in regis- 
try of deeds a 
description of 
the Jand taken. 



May distribute 
water through, 
out town of 
Cheshire. 



Real estate and 
capital stock. 



Penalty for 
polluting or 
diverting water. 



of said dams, reservoirs, aqueducts, conduits or works : 
provided however, that no land, water or water rights, 
shall be taken or entered upon except for the purpose of 
making surveys until all damages are satisfied, or security 
given to the satisfaction of the county commissioners, for 
the payment of all damages agreed upon by the parties, 
or all damages and costs awarded by the county commis- 
sioners or a jury for the land or property taken. 

Section 2. Said corporation shall within sixty days after 
any taking of land under this act, file in the registry of 
deeds of the northern district of the county of Berkshire, 
a description of any land so taken, sufficiently 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 
when land is taken for highways. 

Section 3. Said corporation may distribute the water 
throughout said town of Cheshire, and may from time to 
time fix and establish the rent therefor ; and may con- 
struct and maintain its aqueducts, conduits, pipes and 
drains over or under any water-course, trunk, head-race, 
tail-race, street, railroad, highway or other Avay 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 or repair- 
ing its aqueducts, conduits, pipes and drains, in such a 
manner as to cause the least hindrance to travel on such 
road or way, 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 purpose afore- 
said hold 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, and said capital stock if 
originally fixed at a less sum, may from time to time be 
increased to an amount not exceeding in the whole fifty 
thousand dollars. 

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 



1875.— Chapter 41. 629 

or other property owned or used by said corporation for 
the purpose 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 pun- 
ished by a fine not exceeding one hundred dollars, and by 
imprisonment not exceeding six months. 

Section 6. The occupant of any tenement shall be 
liable for the payment of the rent for the use of the water 
of said corporation in such tenement, and the owner shall 
also be liable if on being notified in writing by said cor- 
poration or its agent of such use he does not in writing 
object thereto. 

Section 7. Said town may subscribe for and hold ^°7 k n n m t a e ' x hold 
shares of the capital stock of said corporation to an ceeding $5,ooo. 
amount not exceeding five thousand dollars : provided, Proviso. 
that two-thirds of the legal voters present and voting by 
ballot and using the check-list, at a legal meeting called for 
the purpose in such town and held in like manner as the 
meetings for the choice of municipal officers are now held by 
law in such town shall vote to subscribe for such shares in 
such corporation : said town 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 in like manner as other town property, and the 
selectmen may at all meetings of the corporation represent 
and vote upon each and every share of stock owned by 
said town, anything in the General Statutes to the contrary 
notwithstanding. 

Section 8. The town of Cheshire may at any time by Town may, by a 
a vote of two-thirds of the legal voters present and voting purchase fran. e ' 
by ballot therefor at.a legal meeting held for the purpose ^ and P r °P- 
take by purchase or otherwise the franchise of said cor- 
poration, and all its corporate property, at such price as 
may be agreed upon between the parties ; and in case the commissioners 
parties cannot agree upon the price, the supreme judicial If jJaVSeTdonot 
court or any justice thereof, upon application of either agree - 
party, shall appoint three commissioners to award what 
sum said town shall pay for such franchise and its corpo- 
rate property, which award shall be final. 

Section 9. For the purpose of defraying the cost of Cheshire water 
. _ . . L l i n scn P ma y » e 

such franchise and corporate property as may be purchased issued to pay 

for the purposes aforesaid, the town of Cheshire shall orproperty - 

have authority to issue from time to time notes, scrip or 



630 1875.— Chapter 42. 

certificates of debt, to be denominated on the face thereof 
"Cheshire Water Scrip" to" an amount not exceeding 
fifty thousand dollars, bearing interest 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 appro- 
priations and assess from time to time such amounts, not 
exceeding in any one year the sum of five thousand dol- 
lars, towards paying the principal of the money so bor- 
rowed, and also a sum sufficient to pay the interest 
thereon in the same manner as money is assessed and 
appropriated for other town purposes. 
Duties, rights Section 10. In case the town of Cheshire shall pur- 
town, ta'casl 80 chase the property, rights and privileges of the corpora- 
t > ake p n. rty i8 tion hereby established, said town shall exercise all the 
rights, powers and authority, and be subject to all the 
restrictions, duties and liabilities, except giving security 
for land or property taken, herein contained, in such man- 
ner 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 11. This act shall take effect upon its passage. 

Approved March 9, 1875. 

Chan 42 ^ N ^ CT IN RELATI0N TO mutual fire insurance companies created 

"' BY THE LAWS OF OTHER STATES. 

Be it enacted, &c, as follows : 
Foreign mutual SectionI. Mutual fire insurance companies, incorpo- 
compaZeTmay rated by or under the law of any state of the United 
upon Ke States, other than the Commonwealth of Massachusetts, 
c tan 8 and mutual an d D y sucn l aw authorized to issue policies of insurance 
upon both the cash and mutual plans, are and shall be 
authorized to issue policies of insurance in this Common- 
wealth either for premiums payable wholly in cash or for 
premiums payable partly in cash and partly by premium 
Proviso. notes : provided, that no such company shall be permitted 

to transact business in this Commonwealth until it shall 
have satisfied the insurance commissioner that it is pos- 
sessed of a re-insurance fund, over and above all liabilities, 
equal to fifty per centum of all cash premiums on cash 
policies in force, aud that it has premium notes liable to 



1875.— Chaptees 43, 44. 631 

assessment amounting to the sum of at least two millions 
of dollars, which notes may, by law, be or become a lien 
upon the property insured and liable to assessment for the 
payment of losses and expenses for their full amount, and 
shall keep a cash deposit in this Commonwealth of not 
less than two hundred thousand dollars for the security of 
policy-holders ; and provided, further, that no such mutual Proviso. 
fire insurance company shall insure in any lire insurance 
district in the Commonwealth of Massachusetts, to an 
amount exceeding 1 said cash deposits and its net cash assets. 

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

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

Approved March 9, 1875. 

An Act to repeal section sixty of chapter four hundred and (J] mr) ^ ^j 

FIFTEEN OF THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND -* " 

SIXTY-NINE CONCERNING THE PRECEDENTS AND CONTINUANCE OF 
LIQUOR CASES. 

Be it enacted, &c, as follows : 

Section 1. The sixtieth section of the four hundred E e P* a iL of 1869 ' 

415, § 60. 

and fifteenth chapter of the acts of the year eighteen hun- 
dred and sixty-nine is repealed. 

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

Approved March 9, 1875. 

An Act in addition to an act for supplying the town of pitts- Q/iap. 44. 

FIELD WITH PURE WATER. 

Be it enacted, &c, as follows: 

Section 1. The town of Pittsfield is hereby authorized Pittsfield may 

. . . . . n n issue additional 

to issue, from time to time, notes, scrip or certificates of water scrip not 
debt, to be denominated on the face thereof "Pittsfield lioo'ooo. 8 
Water Scrip," to an amount not exceeding one hundred 
thousand dollars, in addition to the amount now authorized 
by section seven of chapter two hundred and ten of the 
acts of the year eighteen hundred and fifty-two, and by 
chapter two hundred and one of the acts of the year eigh- 
teen hundred and sixty-six, in the same manner, upon the 
same terms and conditions, and for the same purposes as 
stated in said acts. 

Section 2. The town of Pittsfield is hereby authorized May assess 
to assess and collect upon the polls and estates, real and P ^ncipai P and 
personal, in the Pittsfield fire district, all taxes necessary 1Dtt ' reBt - 
to pay the principal and interest of the scrip that shall be 
issued under the provisions of the preceding section. 



632 1875.— Chapters 45, 46, 47. 

subject to Section 3. There shall be a legal meeting of the voters 

acceptance by a ,-... . , . ° ° 

two-thirds vote, of said tire district, called within one year after the pas- 
sage of this act, for the purpose of having the said voters 
give in their written ballots on the question whether they 
will accept this act ; and if two-thirds of the said ballots 
shall be in the affirmative, then the selectmen of the town 
of Pittsfield shall warn a meeting of the voters of said 
town within three months thereafter, for the purpose of 
having said voters give in their written ballots upon the 
question whether they will accept the same ; if two-thirds 
of said ballots given upon the question aforesaid be in the 
affirmative, then this act shall be binding ; otherwise null 
and void. 

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

Approved March 10, 1875. 

Chap. 45. An Act to change the name of the appleton street congrega- 
tional SOCIETY OP LOWELL. 
Be it enacted, &c., as follows : 
Name changed. Section 1. The name of the Appleton Street Congre- 
gational Society in Lowell is changed to that of the Eliot 
Congregational Society. 

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

Approved March 10, 1875. 

Chaj). 46. An Act in addition to an act to incorporate the mill owners' 

MUTUAL EIRE INSURANCE COMPANY OF BOSTON. 

Be it enacted, &c, as follows: 
niay'be'fiv'e 169 Section 1. It shall be lawful for the deposit notes 
times amount given for insurance in the Mill Owners' Mutual Fire Insur- 
miums. pre ance Company of Boston to be as much as five times the 
amount paid as cash premiums. 

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

Approved March 10, 1875. 

Chap. 47. An Act making appropriations for expenses of the state alms- 
house, THE STATE PRIMARY SCHOOL AT MONSON, THE STATE PRISON, 
THE REFORM SCHOOL AT WESTBOROUGH, THE INDUSTRIAL SCHOOL 
FOR GIRLS, THE BRIDGEWATER WORKHOUSE AND FOR OTHER PUR- 
POSES. 

Be it enacted, &c, as follows : 
Appropriations. 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 
specified, for the purpose of meeting the current expenses 
of the institutions hereinafter named, and for other pur- 



1875.— Chapter 47. 633 

poses, during the year ending December thirty-first in the 
year eighteen hundred and seventy-five, to wit : — 

•CHARITABLE. 

For the current expenses of the state almshouse at state alma- 
Tewksbury, a sum not exceeding ninety-three thousand bury.' 
dollars. 

For the current expenses of the state primary school at state primary 

hit -!•/• i iiii school, Monson. 

Monson, a sum not exceeding forty-four thousand dollars. 

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

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

For contingent expenses of the visiting agent of the Visiting agent's 
board of state charities, a sum not exceeding three thou- xp ' eD 
sand seven hundred dollars. 

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

For the support and relief of state lunatic paupers in Lunatic paupers 
state hospitals, a sum not exceeding ninety-five thousand ln ospita 
dollars. 

For the support of state paupers by cities and towns, support of 
a sum not exceeding twenty-five thousand dollars ; the by cltTeTana 
same to include any expenses necessary to carry out the towns - 
provisions of chapter one hundred and sixty-two of the 
acts of the year eighteen hundred and sixty-five, and 
chapter twelve of the acts of the year eighteen hundred 
and sixty-nine. 

For the burial of state paupers, a sum not exceeding Burial of state 
five thousand dollars. • paupers - 

For the reimbursement of cities and towns for expenses Transportation 
incurred in the transportation of state paupers to the state of state P au P ers - 
almshouse, a sum not exceeding seven hundred dollars. 

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

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

For the Massachusetts school for idiotic and feeble- Miotic and 
minded youth, the sum of seventeen thousand five hun- y e uth." mmde 
dred dollars. 

For the reimbursement of the Massachusetts infant Infaut as y'u m - 
asylum, and for the support of infants having no known 

7 



634 



1875.— Chapter 47. 



Indian state 
paupers. 

State pauper 
convicts. 

Johonnot annu- 
ities. 



Annuities. 



Pensions. 



Reimbursement 
of cities and 
towns, under 
1866, 234; 
1874, 121. 



settlement in the Commonwealth, a sum not exceeding six 
thousand dollars. 

For the support of Indian state paupers a sum not 
exceeding five hundred dollars. 

For the support of state pauper convicts, a sum not ex- 
ceeding one thousand dollars. 

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

For other annuities, a sum not exceeding one thousand 
one hundred dollars. 

For pensions a sum not exceeding eight hundred dol- 
lars. 

For the reimbursement of cities and towns, for the sup- 
port of state paupers, under the provisions of chapter two 
hundred and thirty-four of the acts of the year eighteen 
hundred and sixty-six, a sum not exceeding five thousand 
dollars ; and for expenses incurred under chapter one hun- 
dred and twenty-one of the acts of eighteen hundred and 
seventy-four, relating to small-pox and other diseases 
dangerous to the public health, a sum not exceeding ten 
thousand dollars. 



State prison. 



State reform 
school. 



Industrial 
school. 



State work- 
house, Bridge- 
water. 



Fugitives from 
justice. 

Discharged 
convicts. 



Prison commis- 
sioners. 



REFORMATORY AND CORRECTIONAL. 

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

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

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



1875.— Chapters 48, 49. 635 

For expenses of coroners' inquests, a sum not exceeding coroners' 

,i -i -i ii * inquests. 

one thousand dollars. 

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

Approved March 1.1, 1875. 

An Act concerning the mileage of the lieutenant-governor, n^^ 4g t 

MEMBERS OF THE COUNCIL AND GENERAL COURT. " % 

Be it enacted, &c, as follows : 

Section 1. Each member of the senate and house of Mileage of 

. . iiii /-, i • i r i • 1 /• senate ami house 

representatives shall hereafter be paid tor his travel from of representa- 
his place of abode to the place of the sitting of the gen- tlve6 
eral court and returning home, once in each session ; such 
sum of money as he shall actually expend for such travel. 
Each member shall certify in writing the amount of such 
expenditure. 

Section 2. The lieutenant-governor and each member Mileage of 
of the council shall be paid for his travel from his place of and council! 
abode to the place of sitting of the governor and council 
and returning home, once in each regular session held 
during the annual session of the legislature, and once for 
each subsequent session, whether consisting of one day or 
of several consecutive days, such sum of money as he 
shall actually expend for such travel. Each member shall 
certify in writing the amount of such expenditure. 

Section 3. So much of section one of chapter one Repeal. 
hundred and ninety of the acts of the year eighteen hun- 
dred and seventy-one as relates to the mileage of the 
members of the senate and house of representatives and 
so much of section three of chapter three hundred and 
twenty-eight of the acts of the year eighteen hundred and 
seventy-two, as relates to the mileage of the lieutenant- 
governor and council, is hereby repealed. 

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

Approved March 11, 1875. 

An Act to amend chapter three hundred and seventy-five of QJiaj), 49. 

THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND SEVENTY-FOUR, ^ ' 

ENTITLED "AN ACT CONCERNING ASSOCIATIONS FOR RELIGIOUS, 
CHARITABLE, EDUCATIONAL AND OTHER PURPOSES." 

Be it enacted, &c, as follows : 

Section 1. Any corporation constituted under the May have 
authority of chapter three hundred and seventy-five of tKowe^ef 
the acts of the year eighteen hundred and seventy-four, j^adof "aboard 
may have, instead of a board of directors, a board of j| T | ir |^|° rs - 
trustees, managers, executive committee, prudential com- 
mittee, wardens and vestry, or other officers, having the 



636 1875.— Chapter 49. 

powers of directors ; and the certificate of organization of 
any such corporation may be made, signed and sworn to 
by the presiding, financial and recording officers, and a 
majority of the directors, trustees, managers, executive 
committee, prudential committee, wardens and vestry, or 
other officers having the powers of directors, as the case 
may be ; and the certificate issued by the secretary of the 
Commonwealth, under the provisions of said chapter, 
shall be modified to correspond with the facts in each 
case. 
corporations Section 2. Nothing contained in chapter three hun- 

Formed not to drecl and seventy-five of the acts of the year eighteen 
1874, 375%' 2. hundred and seventy-four, entitled, "An act concerning 
associations for religious, charitable, educational and other 
purposes," shall affect the existence of any association 
or corporation formed previously to the passage of said 
act, under the provisions of any statute for any of the 
purposes mentioned in the second section of said act ; 
organized cor. and any such corporation may, at a meeting called for the 
ado'pVprovidons purpose, decide to adopt the provisions of this act, and 
upon so deciding and complying with the provisions of 
this section shall have the powers and privileges and be 
subject to the duties and obligations of corporations 
formed under chapter three hundred and seventy-five of 
the acts of eighteen hundred and seventy-four. Said 
corporation may thereupon cause to be prepared and 
presented to the commissioner of corporations a certifi- 
cate signed and sworn to by the presiding, financial and 
recording officers and a majority of the directors, trustees, 
managers, executive committee, prudential committee, 
wardens and vestry or other officers of whatever name, 
having the powers of directors as the case may be, of 
said corporation, setting forth a copy of the agreement of 
association, of the vote herein before referred to, and the 
date of the meeting at which the same was adopted, and 
may present such further evidence, if any, as the com- 
missioner shall require of the legal existence of said cor- 
poration and its intention to adopt the provisions of this 
Commissioner act. The commissioner of corporations shall examine the 
tlncau^'etc. ^" certificate submitted to him and the evidence of organiza- 
tion produced as aforesaid, and if it shall appear that the 
provisions of law have been complied with he shall certify 
that fact, and his approval thereof, by indorsment thereon. 
The secretary of the Commonwealth shall, upon the same 



1875.— Chapter 50. 637 

being deposited in his office, .and upon payment of the fee Secretary to 
of five dollars, cause the same, with the indorsment cate. 
thereon, to be recorded, and shall issue a certificate in the 
following form : — 

Commonwealth of Massachusetts. 

Beit known that whereas [here the names of the original snbscribers Form of certifi- 
shall be inserted] have formerly associated themselves with the inten- ^^ Jjy secre . 
tion of forming a corporation, under the name of [here the name of tary. 
the corporation shall be inserted], for the purpose [here the purpose 
declared in. the articles of agreement shall be inserted], under the 
provisions of [here the designation of the statute under the provi- 
sions of which organization was effected shall be inserted], with a 
capital of [here the amount of the capital stock, as it stands fixed by 
the corporation at the date of the certificate, shall be inserted, or, if 
there is no capital stock, this clause shall be omitted] , and the pro- 
visions of the statutes of this Commonwealth in such case made and 
provided have been complied with, as appears from the certificate of 
the proper officers of said corporation, duly approved by the com- 
missioner of corporations, and recorded in this office, — now, therefore, 
I [here the name of the secretary shall be inserted], secretary of the 
Commonwealth of Massachusetts, do hereby certify that said [here 
the name of the corporation shall be inserted] is legally organized 
and established as an existing corporation, with the powers, rights 
and privileges, and subject to the limitations, duties and restrictions, 
which by law appertain thereto. 

Witness my official signature, hereunto subscribed, and the seal of 
the Commonwealth of Massachusetts, hereunto affixed, this 
day of ■ , in the year of our Lord [in these blanks the day, 

month and year of execution of the certificate shall be inserted] . 

The secretary of the Commonwealth shall sign the certificate to be 
same and cause the seal of the Commonwealth to be thereto den^oTestab.. 
affixed, and such certificate shall be conclusive evidence of corporation. 
the organization and establishment of such corporation at 
the date of such certificate. The secretary shall also 
cause a record of such certificate to be made, and a copy 
of such record, duly certified, may, with like effect as the 
original certificate, be given in evidence to prove the 
existence of such corporation. 

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

Approved March 15, 1875. 

An Act to authorize the town of acton to raise money for a q/ icw kq 
celebration to commemorate the events of the nineteenth ■&' 

day of april seventeen hundred and seventy-five. 

Be it enacted, &c, as folloivs : 

Section 1. The town of Acton may at its annual May raise 

meeting held in March or April of the present year raise uonfor ceiebra. 

by taxation or appropriate a sum of money not exceeding i 8 ° 7 5. of Ap "' 19 ' 

one-tenth of one per cent, of its assessed valuation for the 



638 1875.— Chapters 51, 52, 53, 54. 

year preceding said annual meeting, for the purpose of cele- 
brating the nineteenth day of April of the present year. 
Section 2. This act shall take effect upon its passage. 

Approved March 16, 1875. 

Chap. 51. An Act to authorize the town of woburn to raise money for 

A CENTENNIAL CELEBRATION OF THE BATTLE OF LEXINGTON. 

Be it enacted, &c, as follows : 

money by taxa- Section 1. The town of Woburn is authorized to raise, 
tion for centen. by taxation, a sum of money not to exceed one-twentieth 

nial celebration J «" 

of battle of or one per cent, or its valuation, tor the purpose or com- 
memorating the battle of Lexington, on its centennial 
anniversary, April nineteenth eighteen hundred and 
seventy-five. 

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

Approved March 16, 1875. 

Chap. 52. An Act to amend an act to incorporate the franklin savings 

BANK OF BOSTON. 

Be it enacted, &c, as follows : 
Amendment to Section one of chapter seventy-seven of the acts of the 

1861, 77, § 1. i -i i i • • iii -i 

year eighteen hundred and sixty-one is amended by strik- 
, ing out the words "east of Washington street between 
Summer and Essex streets." Approved March 16,* 1875. 

Chap. 53. An Act to amend an act to dissolve the maple street congre- 

GATIONAL SOCIETY IN DANVERS. 

Be it enacted, &c, as follows : 
Amendment to Section 1. Section one of chapter ninety-four of the 
acts of the year eighteen hundred and seventy-four is 
hereby amended by striking out the word " Congrega- 
tional " and inserting in the place thereof the words 
"church and." 

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

Approved March 16, 1875. 

Chap. 54. An Act to change the name of the second methodist episcopal 

CHURCH OF NORTH BRIDGEWATER. 

Be it enacted, &c, as follows : 

Name changed. Section 1. The name of the Second Methodist Epis- 
copal Church of North Bridge water is changed to the 
Central Methodist Episcopal Church of Brockton. 

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

Approved March 16, 1875. 



1875.— Chapters 55, 56. 639 

An Act in addition to an act to incorporate the trustees of QJia/n. 55. 

THE NORTH BAPTIST MINISTERIAL CHURCH FUND IN RANDOLPH. ^' 

Be it enacted, &c, as follows : 

Section 1. The corporation known by the name of Name chan s ed - 
the Trustees of the North Baptist Ministerial Church Fund 
in Randolph shall be hereafter known by the name of the 
Trustees of the Ministerial Fund of the First Baptist 
Church in Randolph. 

Section 2. The said trustees may take, hold, collect Trustees may 

. -i-i t hold property, 

and receive subscriptions, donations, grants, bequests and etc. 
devises of property or estate, to any amount : provided, Provis °- 
the annual income of the same shall not exceed four thou- 
sand dollars in addition to that authorized by section two 
of chapter one hundred and twelve of the acts of the year 
eighteen hundred and twenty-four. 

Section 3. The said trustees may apply the principal * ^^ , c Jn bts 
of the fund held bv them to paying the debts contracted meeting-house, 

Ironi the princi 

in enlarging and improving the meeting-house held by pal of the fund, 
them as such trustees : provided, the annual rental of the Proviso - 
pews therein shall first be applied, as far as necessary, to 
the same purposes as the income of the fund is now re- 
quired to be appropriated by the rules and regulations 
heretofore adopted by said church ; and the balance of 
the annual income may be applied to paying the current 
expenses of said church. 

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

Approved March 16, 1875. 

An Act amending section one of chapter one hundred and Q/iap. 56. 

NINETY-THREE OF THE ACTS OF THE YEAR EIGHTEEN HUNDRED ^' 

SEVENTY-THREE, CONCERNING UNIFORMS FOR OFFICERS OF THE 
STATE PRISON AND REPEALING SECTION TWO OF SAID CHAPTER. 

Be it enacted, &c., as follows: 

Section 1. Section one of chapter one hundred and ^ 3 ™9™ e § n i. t0 
ninety-three of the acts of the year eighteen hundred and 
seventy-three is amended by inserting therein after the 
word "uniform" in the fourth line of said section the 
"words "cap or badge." 

Section 2. The second section of said chapter is Repeal. 
repealed. 

Section 3. This act shall take effect on the first day 
of May next. Approved March 17, 1875. 



640 



1875.— Chapter 57. 



Chap. 57. 



Appropriations, 



Stationery — 
house of repre- 
sentatives. 



Stationery- 
senate. 



Printing and 
binding. 



Blanks and 
circulars. 



Contingent 
expenses. 



Committees and 
commissions. 



Engineer and 
fireman. 



Printing — 

sergeant-at- 

arms. 



Repairs. 



Ventilating. 



Steam fire- 
pump. 



Compensation, 
etc., of council. 



An Act making additional appropriations for certain ex- 
penses AUTHORIZED IN EIGHTEEN HUNDRED AND SEVENTY-FOUR 
AND PREVIOUS YEARS, AND FOR OTHER PURPOSES. 

Be it enacted, &c., as follows : 

Section 1. The sums hereinafter mentioned are ap- 
propriated, to be paid from the ordinary revenue, except 
in cases otherwise ordered, for the purposes specified here- 
in, to wit : — 

For stationery ordered by the clerk of the house of 
representatives, four hundred seventy-five dollars and 
seventy-four cents. 

For stationery ordered by the clerk of the senate, eighty- 
one dollars and eighty-five cents. 

For printing and binding ordered by the senate and 
house of representatives, eight hundred sixty dollars and 
eighty cents. 

For printing blanks, circulars and the calendar of orders 
of the day for the senate and house of representatives, 
one thousand seven hundred ninety-eight dollars and 
seventy-six cents. 

For contingent expenses of the senate and house of 
representatives and necessary expenses in and about the 
state house, a sum not exceeding two hundred and fifty 
dollars. 

For the compensation of committees and commissions of 
the legislature of the previous year, authorized to sit dur- 
ing the recess, a sum not exceeding eight thousand dollars. 

For the compensation of the engineer and fireman em- 
ployed at the state house, one hundred ninety-seven dol- 
lars and fifty cents. 

For printing ordered by the sergeant-at-arms, a sum not 
exceeding one hundred and sixty dollars. 

For ordinary repairs in and about the state house during 
the previous year, a sum not exceeding nine hundred dol- 
lars. 

For ventilating the "blue room" and the reporter's 
gallery, as ordered by the senate and house of representa- 
tives, during the previous year, a sum not exceeding two 
hundred seventy-seven dollars and fifty cents. 

For the steam fire-pump purchased during the previous 
year a sum not exceeding eight hundred sixty-three dollars 
and forty cents. 

For the compensation and mileage of the executive 
council, one thousand seven hundred and twelve dollars. 



1875.— Chapter 57. 641 

For the incidental expenses of the secretary's depart- secretary's 

i -i -ii -in i nn j. department. 

ment, one thousand and twelve dollars and nity-one cents. 

For printing the pamphlet edition of the general acts Pamphlet 
and resolves of the previous year, five hundred eighty-nine eS'hlwl gen ' 
dollars and seventy-five cents. 

For the publication of the supplement to the General ggtfj3 MI,t t0 
Statutes of the previous year, four hundred seventy-seven statutes. 
dollars and fifty-six cents. / 

For printing and binding the memorial volume of the Memorial vol. 
eulogies upon the late Charles Sumner, as ordered by the BumTer. al 
senate and house of representatives, a sum not exceeding 
one thousand and twenty-two dollars and seventy -five cents. 

For the compensation and expenses of the harbor com- Harbor commis. 
missioners, two hundred and eighty-six dollars. 

For postage and travelling expenses of the secretary of boMd g ofagriT 
the board of agriculture, one hundred seventy-nine dollars culture, 
and ninety-four cents. 

For incidental expenses of the board of agriculture, incidental 
seven dollars and fifty-seven cents. 

For expenses of the bureau of the quartermaster-general, Q " n ^ 1 ima8ter " 
a sum not exceeding one thousand five hundred sixty dol- 
lars and forty-nine cents. 

For military accounts, a sum not exceeding four hun- Military 
dred eighty-one dollars and eighty-eight cents. 

For militia compensation, a sum not exceeding sixteen Militia compen. 
thousand seven hundred and eight dollars and twenty-six 8a 
cents. 

For quartermasters' supplies, a sum not exceeding seven Quartermaster's 
hundred eighty-nine dollars and twenty-five cents. 

For uniforms for the volunteer militia, a sum not exceed- uniforms. 
ing one thousand eight hundred ninety-eight dollars and 
sixty cents. 

For expenses incurred in connection with the state state muster. 
muster-ground at Framingham, a sum not exceeding seven 
hundred thirty-four dollars and thirty-eight cents. 

For the current expenses of the state almshouse at TewSburyT 
Tewksbury, one thousand six hundred twenty-one dollars 
and seventy-five cents. 

For the current expenses of the state prison, twelve state prison. 
thousand nine hundred and six dollars and forty-seven 
cents. 

For the reimbursement of the Massachusetts infant j^ 8 ;^ 118 ^ 8 
asylum for the support of infants having no known settle- 
ment in the Commonwealth, a sum not exceeding one 



642 



1875.— Chapter 58. 



Coroners' 
accounts. 



Clerk of ad- 
jutant-general. 

Salaries — 
first district 
court, Eastern 
Middlesex. 



Widow of Dr. 
George Derby. 



Disabled 
soldiers. 



Charles E. 
Barnard. 



Surgeon-general 
— contingent 
expenses. 



Executive 
department. 



Secretary of 
board of state 
charities. 



thousand nine hundred seventy-two dollars and twenty- 
nine cents. 

For coroners' accounts for eighteen hundred and seventy- 
four and previous years, a sum not exceeding five hundred 
dollars. 

For the salary of the first clerk of the adjutant-general, 
one hundred and six dollars and eleven cents. 

For the salary of the justice of the first district court of 
Eastern Middlesex, six hundred sixty-six dollars and sixty- 
seven cents, and for the salary of the clerk of said court, 
three hundred thirty-three dollars and thirty-four cents. 

In the resolve, chapter eighty-two, of the previous year, 
in favor of the widow of the late George Derby, one thou- 
sand three hundred eighteen dollars and sixty-eight cents. 

In the resolve, chapter eighty-three, in favor of James 
Kelley, George Hayes, Daniel O'Grady, George C. Buck- 
man, Joseph Simpson and Thomas Plunkett, three thou- 
sand six hundred dollars, in accordance with the provisions 
of said resolve. 

In the resolve chapter eighty-five, of the previous year, 
in favor of Charles E. Barnard, six hundred dollars, in 
accordance with the provisions of said resolve. 

.Section 2. For the contingent expenses of the surgeon- 
general, the sum of one thousand dollars in addition to 
the appropriation heretofore made for the present year. 

For the expenses of the executive department as author- 
ized by chapter two hundred and fifty of the acts of the 
year eighteen hundred and seventy, a sum not exceeding 
five thousand dollars. 

For payment to Frank B. Sanborn for services as secre- 
tary of the board of state. charities from April first eighteen 
hundred and seventy-four to July first eighteen hundred 
and seventy-four the sum of seven hundred and fifty dol- 
lars which shall be allowed and paid. 

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

Approved March 20, 1875. 



Chap 



. 58. An Act to amend section forty-nine chapter three hundred 
and seventy-two of the acts of eighteen hundred and 
seventy-four, relative to the issuing of bonds by railroad 
corporations. 

Be it enacted, &c, as follows: 

i874 en 372 ie § n 49 t0 Section 1. Section forty-nine of chapter three hun- 
dred and seventy-two of the acts of the year eighteen hun- 
dred and seventy-four is hereby amended by inserting after 



1875.— Chapters 59, 60, 61. 643 

the words "for any lawful purpose" in the fourth line of 
said section the following words "and may mortgage or 
pledge as security for the payment of such bonds any part 
or all of its road, equipment or franchise, or any part or 
all of its property, real or personal." 

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

Approved March 20, 1875. 

An Act to define the location of risks to be taken by mutual Q]iar>, 59. 

FIHE INSURANCE COMPANIES. * ' 

Be it enacted, &c, as follows: 

Section 1. Mutual fire insurance companies created May issue poii. 

■l . , cies on property 

under the laws of this state may issue policies on any in New-York, 
property included in the terms of their charter, situated etc W 
in the New England states, New York, Pennsylvania and 
New Jersey. 

Section 2. Section fifty-seven of chapter fifty-eight °f Q e | ea 5 8 of § 57 
the General Statutes is hereby repealed. 

Approved March 20, 1875. 

An Act for the preservation of the eel fishery in the town QJiav. 60. 

OF MASHPEE. ^' 

Be it enacted, &c, as follows : 

Section 1. No person shall take from Jehu's pond, so Eei fishery re g . 
called, in the town of Mashpee, or from the outlet there- pond, Mashpee! 
from, more than three dozen of eels on any one day with- 
out a permit in writing from the selectmen of said town. 

Section 2. Whoever violates the provisions of this Penalties, etc. 
act. shall forfeit for every eel taken in violation thereof 
twenty-five cents ; and all forfeitures under this act shall 
be paid, one-half to the town of Mashpee, and one-half to 
the complainant. Approved March 20, 1875. 

An Act concerning the clam fisheries in the town of w 7 inthrop. Q/iaj). 61. 
Be it enacted, &c, as follows : , 

Section 1. No person not an inhabitant of the town ciam fisheries 
of Winthrop, shall take any clams from within the waters w!uthrop. m 
of said town without a written permit from the selectmen 
of said town : nor shall any person being an inhabitant of 
said town at any one time take any clams from within 
said waters exceeding three bushels including their shells 
for bait or for the purposes of selling the same without a 
permit from the selectmen of said town, who may grant 
the same for such sum to be paid to the use of the town, 
as they shall deem proper ; and the inhabitants of said town 



644 



1875.— Chapters 62, 63, 64. 



may take clams for family use and for no other purpose 
without such permit. 
Penalties. Section 2. Whoever takes any clams from within the 

waters of Winthrop in violation of the provisions of this 
act shall for every offence pay a fine of not less than five 
nor more than ten dollars and cost of prosecution : said 
fine and forfeiture imposed under this act to be recovered 
by indictment or complaint before any trial justice or any 
court of competent jurisdiction 'within the county of Suf- 
folk. 

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

Approved March 20, 1875. 

Chap. 62. An Act to establish a legal and standard measure of a bakrel 

OF CRANBERRIES. 

Be it enacted, &c, as follows: 

Section 1. The legal and standard measure of a barrel 
of cranberries shall be one hundred quarts, level measure. 

Section 2. Every manufacturer of barrels for cran- 
berries shall brand his name upon said barrels. 

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

Approved March 20, 1875. 



Barrel of cran- 
berries, one 
hundred quarts 

Name of maker 
to be branded 
on barrels. 



Chap. 63. 

Name changed. 

Chap. 64. 



Chicopee Falls 
Savings Bank 
incorporated. 



An Act to change the name of the second parish ln sherborn. 
Be it enacted, &c, asfolloivs: 

Section 1. The name of the Second Parish in Sher- 
born is hereby changed to the Pilgrim Society of Sherborn. 
Section 2. This act shall take effect upon its passage. 

Approved March 20, 1875. 

An Act to incorporate the chicopee falls savings bank. 
Be it enacted, &c, asfolloivs: 

Section 1. T. W. Carter, Josiah W. Osgood, T. C. 
Page, James E. Taylor, George S. Taylor, their associates 
and successors are made a corporation by the name of the 
Chicopee Falls Savings Bank, to be located in Chicopee 
Falls, 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 March 20, 1875. 



1875.— Chapters 65, 66. • 645 

An Act relating to the collateral loan company. Chap. 65. 

Be it enacted, &c., as folloivs : 

Section 1. The Collateral Loan Company may loan May loan on 
on mortgage of goods and chattels. goodfa^ 

Section 2. Section eisxht of chapter one hundred and chatt(3ls - 

t> i <>i • i lTii Amendment to 

seventy-three ot the acts ot the year eighteen hundred and 1859,173, §8. 
fifty-nine is hereby amended by striking out all of said 
section after the word "owner." 

Section 3. Section two of chapter fourteen of the acts f 8 ^" 'I'T^ t0 
of the year eighteen hundred and sixty-five is hereby 
amended by striking out all of said section after the word 
"surplus," and adding instead of the words so struck out 
the words "one year for the owner." 

Section 4. Section three of chapter four hundred and iV^'^s'Ts 10 
twenty-eight of the acts of the year eighteen hundred and 
sixty-nine is hereby amended by striking out all after the 
word "kind." 

Section 5. Sections nine, ten, and twelve of said f 7 ff}f^h. 
chapter one hundred sevent}^-three of the acts of the ™w> 42s', § 1. 
year eighteen hundred and fifty-nine, and section four of 
said chapter four hundred and twenty-eight of the acts of 
the year eighteen hundred and sixty-nine are hereby 
repealed. 

Section 6. This act shall take effect upon its passage. 

Approved March 23, 1875. 

An Act to amend the charter oe the city of lynn. Cha/p. 66. 

Be it enacted, &c.. as follows : 

Section 1. The qualified voters of the city of Lynn Board of street 
shall, at the annual municipal election next after the accept- and sewers! 6 s 
ance of this act, elect by ballot three competent men, in- 
habitants and legal voters of said city, who shall constitute 
the board of commissioners of streets and sewers for said 
city, one of whom shall be elected for the term of one 
year, one for the term of two years, and one for the term 
of three years from the date of such election, and until 
their respective successors are chosen and qualified ; and 
at every subsequent annual election one person qualified as 
aforesaid shall be elected a member of said board for the 
term of three years. 

Section 2. Said commissioners of streets and sewers Powers of 
shall have all the powers now exercised by the city council 
or either branch thereof concerning the laying out, repair- 
ing, altering or discontinuing the streets and ways of said 
city, the laying, making, maintaining and repairing the 



commissioners. 



646 



1875.— -Chapter 66. 



To be chosen 
for three years. 



Office of sur- 
veyor of high- 
ways abolished. 



To make esti- 
mate of cost of 
work, and lay 
before city 
council, if it 
exceeds $1,000. 



Compensation 
to be fixed by 
city council. 



City engineer to 
be clerk of 
board. 



Vacancies to be 
filled by concur- 
rent vote of city 
council. 



Repeal. 



drains and sewers therein, and the charge of the public 
grounds. 

Section 3. The commissioner so chosen for the said 
term of three years from the date of such annual election 
and his successor shall be designated the commissioner-in- 
chief, and shall be the chairman and executive officer of 
the board and shall, in addition to his duties as a member 
of said board, perform all the duties now devolving upon 
the surveyor of highways : and the office of surveyor of 
highways shall cease to exist upon the election and quali- 
fication of said commissioners. 

Section 4. Whenever said board of commissioners of 
streets and sewers shall adjudge that the public safety and 
convenience require that any street, lane, or alley in said 
city should be laid out, altered or discontinued, or that any 
drain or sewer should be constructed, altered or discon- 
tinued, they shall make and record an estimate of the 
expense thereof; and, if such estimate shall exceed the 
sum of one thousand dollars, including the estimates of 
any previous expenditure during that municipal year ou 
such street, lane, alley, drain or sewer, the order for such 
laying out, construction, alteration or discontinuance shall 
be forthwith laid before the city council for their concur- 
rence or rejection, and shall not take effect until said city 
council shall concur therein. 

Section 5. Said commissioners shall receive for their 
services such compensation as the city council shall estab- 
lish, to be paid out of the city treasury : and such compensa- 
tion shall be so established before the next annual election 
after the passage of this act : and any reduction of com- 
pensation shall take effect upon such commissioners only 
as shall be appointed after such reduction. 

Section 6. The city engineer shall be the clerk of said 
board, and shall make and keep a record of their doings, 
and certify the same when necessar\ r . He shall also 
make all plans and surveys required for the use of said 
board. 

Section 7. Whenever a vacancy occurs in said board 
of commissioners, the same shall be filled by a concurrent 
vote of the city council : and the person so selected shall 
hold the office until his successor shall be chosen at the 
next municipal election and duly qualified. 

Section 8. All laws and provisions of the charter of 
said city of Lynn inconsistent herewith are hereby repealed. 



1875.— Chapters 67, 68. 647 

Section 9. This act shall be void unless submitted to subject to 
and approved by, a majority of the voters of said city voterao°°the y 
present and voting thereon by yea and nay, and by ballot, Clty- 
at meetings held simultaneously for the purpose in the 
several wards, upon notice duly given at least seven days 
before the time of holding; said meetings. And such 
meetings may be held upon the day of the annual state 
election in November. 

Section 10. This act shall take effect upon its passage. 

Approved March 23, 1875. 

An Act in addition to an act to supply the city of lawrence (JJ m p m @J \ 

WITH WATER. 1 

Be it enacted, &c, as follows : 

Section 1. The city of Lawrence is authorized to issue water loan, 
from time to time notes, scrip, bonds or certificates of ditionau ad ' 
debt to be denominated on the face thereof "City of Law- 1872 ' 79> §2 - 
rence Water Loan," to an amount not exceeding four hun- 
dred thousand dollars in addition to the amounts author- 
ized by chapter seventy-nine of the acts of the year 
eighteen hundred and seventy-two : and the provisions of 
section nine of said chapter of the acts of the year 
eighteen hundred and seventy-two shall be applicable to 
the issue provided by this act. 

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

Approved March 23, 1875. 

An Act relative to bonds to dissolve attachments and in (JJiap. 68. 

WRITS OF REVIEW. l 

Be it enacted, &c, as follows : 

Section 1. Whenever any defendant in a civil action special judg- 
dissolves an attachment made in said suit, by giving bond bankrTpt'de- 
as provided by the statutes of this Commonwealth, and aoived^Slch- 8 " 
has already been or afterwards is adjudged a bankrupt, ment by giving 
the court may, at any time, upon motion, if it appears 
that the plaintiff is otherwise entitled to judgment in said 
action, enter a special judgment therein which shall be 
entitled, "special judgment for the plaintiff to enable him 
to proceed against the sureties upon the bond given to 
dissolve the attachment " ; and said judgment shall be 
deemed and taken to be a sufficient judgment, within the 
meaning of said statutes, to enable the plaintiff to main- 
tain an action against the sureties on said bond, no other 
objection existing thereto : provided, the attachment, for 
the dissolution of which said bond was given, was not 



648 



1875.— Chapters 69, 70. 



Sureties to pay 
plaintiff within 
thirty days after 
entry of special 
judgment. 



Special judg- 
ment upon 
petition for 
review. 



Additional con- 
dition in bond 
to be given 
under G. S. 146, 
§ 38. 



made within four months next preceding the commence- 
ment of proceedings in bankruptcy. 

Section 2. No bond shall hereafter be given to dis- 
solve an attachment in a civil action, unless it contains, in 
addition to the conditions now required by law, a further 
condition obliging the sureties to pay to the plaintiff, with- 
in thirty days after the entry of any special judgment in 
accordance with the preceding section, the sum, if any, 
for which said judgment shall be entered. 

Section 3. The court may enter a similar judgment, 
with the same effect, when any defendant in any civil 
action upon petition for a review thereof, shall be ad- 
judged a bankrupt before or after having given the secu- 
rity required by the statute in such cases: provided, the 
attachment in the original action was not made within four 
months next preceding the commencement of the proceed- 
ings in bankruptcy. 

Section 4. No bond shall hereafter be given under 
section thirty-eight of chapter one hundred and forty-six 
of the General Statutes unless it contains, in addition to 
the conditions now required by law, a further condition 
obliging the sureties to pay to the plaintiff, within thirty 
days after entry of any special judgment in accordance 
with the preceding section, the sum, if any, for which said 
judgment shall be entered. Approved March 23, 1875. 



Chap. 69. An Act authorizing the town of burltngton to raise money by 

TAXATION TO COMMEMORATE THE BATTLE OF LEXINGTON. 

Be it enacted, &c, as follows: 

Section 1. The town of Burlington is authorized to 

f raise, by taxation, a sum of money not to exceed four 

hundred dollars, for the purpose of commemorating the 

battle of Lexington, on its centennial anniversary, April 

nineteenth, eighteen hundred and seventy-five. 

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

Approved March 23, 1875. 



May raise 
money to cele- 
brate anniver 
sary of battle 
Lexington. 



Chap. 70. 



Vagrants may 
be required to 
perform labor 
in return for 
food and lodg- 
ing furnished 
by overseers, 
eU. 



An Act concerning vagrants. 
Be it enacted, &c, as follows : 

The overseers, of the poor of any town or city, or 
keepers of almshouses acting under their directions, may 
require any person, not a resident of said town or city 
applying to them for and receiving from them food and 
lodging or either in an almshouse or other place, to per- 
form a reasonable amount of labor in return for such food 



1875.— Chaptees 71, 72. . 649 

and lodging and may detain such person until the same is 
performed, but not beyond the hour of eleven in the fore- 
noon of the day succeeding his application ; and if any 
such person shall refuse or neglect when so required to 
perform such labor suited to his age, strength and capacity, 
or wilfully damage any of the property of such town or 
city in the charge of such overseers or other officers he 
shall be deemed a vagrant within the meaning of the 
statutes relating to vagrants and vagabonds and may be 
prosecuted and punished in the manner provided by chapter 
two hundred and fifty- eight of the acts of the year eighteen 
hundred and sixty-nine or as otherwise provided by law. 

Approved March 24, 1875. 

An Act to amend an act to regulate the fisheries in taunton Chap. 71. 

GREAT RIVER AND NEMASKET RIVEK. 

Be it enacted, &c, as follows: 

Whenever any fishing privilege is hereafter offered for Fisheries regu- 
sale agreeably to the provisions of the second section of Great River and 
chapter four hundred and one of the acts of the year Ri^r. 
eighteen hundred and fifty-five, or any act in amendment 
thereof, if no offer of*one hundred dollars or more is made 
for said privilege, the mayor and aldermen of the city, or 
the selectmen of the town offering the same for such sale 
may refuse to accept any offer less than said sum, and 
thereafterwards may sell or dispose of said privilege in 
such manner as will best promote the interests of said city 
or town. Approved March 27, 1875. 

An Act to authorize certain insurance companies to insure Q/ian. 72. 

AGAINST LOSS BY FIRE OH LIGHTNING WITHOUT LIMITATION OF ' ' 

TIME. 

Be it enacted, &c, as follows: 

Section 1. Joint stock insurance companies and May issue poii- 

. ... . , . cies against 

mutual insurance companies with a guarantee capital m- damage by fire 
corporated or organized under the laws of this Common- °' ,g " 11I1! 
wealth, are hereby authorized to issue policies of insurance 
which shall not limit or restrict the term of the risk, 
against loss or damage bj r fire or lightning, on buildings 
occupied solely for dwelling-house purposes, together with 
the out-buildings and private stables usually belonging 
thereto, and on buildings used exclusively for religious, 
charitable, and educational purposes, provided that no Provisos. 
such policy shall be issued, until the insured has made a 
deposit in cash with said companies, the annual interest 
of which shall be not less than an adequate yearly rate 



650 



1875.— Chapter 73. 



Sums deposited 
to be set apart 
as a distinct 
fund. 



Disposition of 

sums deposited 
when it is ter- 
minated. 



of premium on the risk incurred, and provided further, 
that no part of said deposit shall be returned to the 
insured, while such risk continues in force. 

Section 2. All sums deposited with any insurance 
company, for the purpose of insurance under the pro- 
visions of this act, shall be set apart and invested, and 
shall constitute a distinct fund, the income from which 
shall become a part of the general funds of the company ; 
but no part of such distinct fund shall be used except as 
in manner hereinafter provided, nor shall the same be 
advertised in any publications of the company, in any 
other manner than as deposits upon perpetual policies. 

Section 3. Whenever a policy of insurance issued 
under the provisions of this act, is terminated at the 
request of the company, the full amount of the deposit 
upon the same shall be paid to the insured from said 
distinct fund, and whenever a policy so issued is terminated 
at the request of the insured, or in consequence of loss 
under the same, ninety per cent, of the deposit shall be 
paid to the insured from the distinct fund, and the balance 
thereof shall be drawn from said fund, and be entered in and 
become a part of the general funds of the company. In 
the event of the insolvency of the company, the deposits 
made for insurance under the provisions of this act shall 
be returned to the insured under the same. 

Section 4. The provisions of the third section of this 
act shall be expressed in full in any policy issued under 
this act, before the signatures of the officers signing the same. 

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

Approved March 27, 1875. 

Clictp. 73. An Act in relation to the overseers of the poor in the city 

OF BOSTON. 

Be it enacted, &c, as follows : 

Section 1. The overseers of the poor in the city of 
Boston, a corporation duly established by law, are hereby 
authorized to hold real and personal estate not exceeding 
in value three hundred thousand dollars, in addition to the 
real and personal estate, which they are authorized to hold 
by an act passed on the twenty-fifth day of April, in the 
year seventeen hundred and seventy-two, entitled "An act 
for incorporating the overseers of the poor, in the town of 
Boston." 

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

Approved March 27, 1875. 



Provisions to be 
expressed in 
policy. 



Mav hold 
$300,000 addi- 
tional real and 
personal estate 



1875.— Chaptees 74, 75, 76. G51 

An Act to change the name of the society op boston and Q/ iai}t -]^_ % 

VICINITY FOR THE AID OF GERMAN IMMIGRANTS. * ' 

Be it enacted, &c., as folloios : 

Section 1. The Society of Boston and vicinity for the Name changed 
Aid of German Immigrants incorporated under chapter one Aid society of 
hundred and three of the acts of eighteen hundred and Boston - 
forty-eight, shall hereafter be known as The German Aid 
Society of Boston. 

Section 2. Said corporation may hold real and per- Real and per. 
sonal estate to an amount not exceeding twenty thousand iu$, los^a. 
dollars. Section two of chapter one hundred and three of 
the acts of the year eighteen hundred and forty-eight is 
hereby repealed. 

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

Approved March 27, 1875. 

An Act to confirm the organization and proceedings of the Qf ia <n t Jg % 

HAYDEN FOUNDRY AND MACHINE COMPANY. 

Be it enacted, &c, as follows : 

Section 1. The acts and proceedings of Joel Hayden, organization 
Stephen M. Crosby, and Anna H. Crosby, in organizing raUfSd°and dins \ 
the Hayden Foundry and Machine Company, and the sub- coufirmed - 
sequent proceedings of said associates and their successors 
under said organization are hereby ratified and confirmed ; 
and /the Hayden Foundry and Machine Company is hereby 
established as an existing corporation, with all the powers, 
rights and privileges, and subject to all the duties, limita- 
tions and restrictions conferred by general laws upon such 
corporations. 

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

Approved March 27, 1875. 

An Act to incorporate the wollaston wharf and dock com- (J] ia r) t Jg 

PANY. * ' 

Be it enacted, &c, as follows : 

Section 1. Josiah Quincy, Josiah P. Quincy, Samuel corporators. 
M. Qnincy, their associates and successors are hereby 
made a corporation by the name of the Wollaston Wharf Name and 
and Dock Company, with all the powers and privileges and piupos 
subject to all the duties, restrictions and liabilities con- 
tained in all general laws which now are or may hereafter 
be in force and applicable to such corporations, with 
power and authority to purchase and hold in fee simple or 
otherwise, land and flats in the town of Quincy, compris- 
ing not more than one hundred acres of the upland on 



652 



1875.— Chapter 77. 



May sell lands 
and flats, lay 
out streets, etc. 



Proviso. 



Capital stock 
and shares. 



Quincy Bay now owned by Josiah Quincy on both sides of 
Sachem's Creek and the flats adjacent and appurtenant to 
such one hundred acres of upland together with so much 
other land as shall be sufficient for a roadway between said 
upland and the Old Colony Railroad. 

Section 2. Said corporation shall have power to sell, 
convey, lease, mortgage or otherwise dispose of said land 
and flats or any part thereof and within the limits of said 
territory, to lay out streets and passage-ways, erect build- 
ings, construct and maintain a wharf or wharves, a dock 
or docks, and may also construct and maintain to and over 
said flats a channel-way or channel-ways from the sea, and 
otherwise improve and manage said property as it shall 
deem expedient ; said corporation shall also have the right 
to lay vessels at the ends and sides of any of said wharves 
and in any of said docks and receive wharfage and dock- 
age therefor ; provided however that the construction of 
any of said channels, wharves and docks shall be subject 
to the approval and determination of the harbor commis- 
sioners and the provisions of the four hundred and thirty- 
second chapter of the acts of the year eighteen hundred 
and sixty-nine. 

Section 3. The capital stock of said corporation shall 
not exceed two hundred and fifty thousand dollars and 
shall be divided into shares of one hundred dollars each. 

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

Approved March 27, 1875. 



Chap. 77. 



Manager to be 
appointed by 
governor and 
council. 



To be sworn. 



An Act to provide for the management of the hoosac tun- 
nel AND THE TROY AND GREENFIELD RAILROAD AND FOR OTHER 
PURPOSES. 

Be it enacted, &c, as follows : 

Section 1. The governor with the advice and consent 
of the council, shall, upon the passage of this act, appoint 
an able and judicious person, a citizen of this Common- 
wealth to take charge of the Troy and Greenfield Railroad 
and the Hoosac Tunnel, and manage the same in behalf of 
the Commonwealth. He shall perform the duties assigned 
to him by this act, and any subsequent act of the legislature 
of Massachusetts in relation thereto ; and he shall be re- 
movable at the pleasure of the governor and council, and 
shall receive such compensation as they shall from time to 
time prescribe. He shall be sworn to the faithful perform- 
ance of his duties ; and in case any vacancy shall occur in 
his office, by death, resignation or otherwise, the governor 



1875.— Chapter 77. 653 

shall, with the advice and consent of the council, appoint a 
suitable person to fill the vacancy. It shall be the duty of fy ™^™ 1 ^' 
the manager to make a monthly report of his doings, and ings, etc. 
of the earnings and expenses of the railroad and tunnel. 
The governor with the advice and consent of the council, 
shall also appoint a suitable person or persons to be treas- 
urer and clerk for such railroad and tunnel ; and the 
treasurer shall give bond with surety, to the satisfaction of 
the governor and council, and both shall perform such duties 
as shall be assigned to them by the governor and council, 
and manager. Such manager shall not, while holding his Not to be cm. 
office, be employed by any railroad corporation ; he shall FaiSoad corpo- 
also be held responsible in person and property, for all dam- ratlon - 
ages sustained by any person or persons recoverable by law 
in consequence of the mismanagement of said railroad or tun- 
nel, to the same extent as a railroad corporation established 
by this Commonwealth would be liable, and shall be entitled 
to receive, from the earnings of said railroad and tunnel, 
compensation for the damages recovered against him, and 
costs incident thereto. He shall also have authority, 
under the advice of the governor and council, to com- 
mence and conduct in his own name suits to recover 
whatever sums may become due to the Commonwealth for 
the use or operation of said railroad, or expenses incurred 
by said manager in any suit, hearing or investigation ; and 
any judgment or award rendered in any such suits, hear- 
ings, arbitrations, or investigations against said manager 
shall be paid out of the income of said railroad. 

Section 2. From and after the first day of July next, Manager to have 

full CDJirffG of 

when the charter of the corporation now in charge of said property after 
tunnel and railroad expires, the manager appointed as uy ' 
above shall have full charge of all the property of the 
Commonwealth in said railroad or in said tunnel, and shall 
supervise the completion and arching of the said tunnel, 
and the renovation of the said Troy and Greenfield Rail- 
road, and supervise the execution of all contracts in rela- 
tion thereto, made by the corporation now in charge thereof, 
or by their agents in relation thereto. 

Section 3. It shall be the duty of the governor and ^edwitheteei 
council, through their manager, to take the control of the rails, etc. 
said property, railroad and tunnel, from and after the first 
day of July next, and to have the said railroad furnished 
with suitable steel rails, stations and sidings, and said 
tunnel arched as far as they shall deem it necessary ; and 



654: 



1875.— Chapter 77. 



All connecting 
railroads to have 
right to use 
tunnel, etc. 



Reasonable tolls 
to be prescribed 
for use of road 
and tunnel. 



Connecting and 
intervening rail 
roads may use 
tunnel, etc. 



they may have the said Troy aud Greenfield Railroad 
renovated and relocated as far as they shall deem it advis- 
able to adapt it for the transmission of passengers and 
freight. They shall also require the said treasurer to pay 
at least monthly to the treasurer and receiver-general of 
this Commonwealth, the earnings of said tunnel and rail- 
road, after deducting necessary expenses. 

Section 4. The manager, under the direction of the 
governor and council, shall allow any corporation or corpo- 
rations now or hereafter owning or operating a railroad 
which may now or hereafter connect with or be built to the 
line of said tunnel and Troy and Greenfield Railroad, the 
right to connect therewith and to enter upon and use, with 
its own motive power, said tunnel and Troy and Greenfield 
Railroad or any part thereof, upon such terms and condi- 
tions as the said governor and council may prescribe under 
the fifth section of this act. 

Section 5. The governor with the advice and consent 
of the council, shall prescribe just and reasonable tolls, not 
to be raised for one year after they are thus determined, 
for the passage of cars, with freight and passengers, mails 
aud express matter, that shall be therein to be drawn over 
any part of said Troy and Greenfield Railroad j both out- 
side the said tunnel or through the same ; and, in fixing 
such tolls, due regard shall be had to the commercial value 
of said railroad and tunnel, and to the development of 
business, as well as to the cost of said tunnel. And the 
corporations paying the tolls prescribed, shall be required 
to pay no other tolls, percentages or allowances whatever ; 
but all of them shall be placed on a footing of equality ; 
and to this end, it shall be the duty of the governor and 
council, in behalf of the Commonwealth, to release from 
the obligations of the contract, bearing date February 
, one thousand eight hundred and sixty-three, and 
confirmed April twenty-ninth, one thousand eight hundred 
and sixty-three, between the Troy and Boston Railroad 
Company, and other railroad companies, and the Common- 
wealth, any, or all of the parties thereto, whenever they 
shall so request. 

Section 6. All railroad corporations whose roads con- 
nect, either directly or over intervening railroads, with 
the Hoosac Tunnel or Troy and Greenfield Railroad, shall 
have the right to use the same at the rates prescribed, and 
with all intervening railroads shall have the rights and 
privileges of connecting railroads. 



1875.— Chapters 78, 79. 655 

Section 7. The governor and council shall not enter Possession not 

-.., ~ . P -ij_ i im i to be taken until 

upon and take possession ot said tunnel and lroy and present charter 
Greenfield Railroad, until the charter of the corporation ex P ires - 
now holding the same shall expire ; but they may make all 
preliminary arrangements, prescribe the tolls to be estab- 
lished, order rails, and prepare in advance for conducting 
business through the tunnel and upon the Troy and Green- 
field Railroad, with economy and despatch. 

Section 8. Nothing contained in this act, or in any Tunnel and road 
previous act of the legislature of this Commonwealth, under provision* 
shall be construed to authorize the sale or alienation of the ofthlsact - 
Hoosac Tunnel, or that part of the Troy and Greenfield 
Railroad lying within three miles of the mouth of the 
tunnel ; but the same shall be ever held for the use and 
benefit of the Commonwealth and its inhabitants : and the 
legislature reserves the right to authorize the use of the 
same by any connecting railroads, at the rates prescribed ; 
and all concessions of rates of fares or freights that shall 
be made to any one railroad using the same, shall inure for 
the benefit of, and be extended to, all other railroads using 
the same. 

Section 9. The governor and council shall submit Annual report 
annually to the legislature a full account of the receipts legislature. 
and expenditures of said Troy and Greenfield Railroad 
and tunnel, and of the business done thereon. 

Section 10. This act shall take effect upon its passage. 

Approved March 30, 1875. 

An Act to increase the capital stock of the wamsutta mills. Q/ ia/ >j Jg 
Be it enacted, &c, as follows : 

The Wamsutta Mills are hereby authorized to increase $1,000,000 addi- 
their capital stock by adding thereto a sum not exceeding stock. ° a 
one million dollars, and to invest such portion thereof in 
real and personal estate as may be necessary and convenient 
for the purposes for which they have been incorporated : 
provided, that no shares in the capital stock hereby author- proviso. 
ized shall be issued for a less sum or amount, to be actually 
paid in on each, than the par value of the shares in the 
original capital stock of said corporation. 

Approved March 31, 1875. 

An Act in relation to the approval of the bonds of insur- (JJiq/q 79 

ance agents. • * 

Be it enacted, &c , as follows : 

Section 1. The bonds which by section sixty-nine of Bonds of insur. 
chapter fifty-eight of the General Statutes and by section bTapproved by 



656 



1875.— Chapter 80. 



insurance com- 
missioner. 



Chap. 80. 



Boston Water 
Board estab- 
lished. 



Cochituate and 
Mystic Water 
Boards to be 
abolished. 



eleven of chapter one hundred and forty-one of the acts of 
the year eighteen hundred and seventy-three are required 
to be approved by the treasurer and receiver-general of 
the Commonwealth shall hereafter be approved by the 
insurance commissioner. It shall be the duty of said com- 
missioner upon his approval of any such bond to indorse a 
statement of that fact upon the bond and to forthwith trans- 
fer the same to the treasurer of the Commonwealth. 

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

Ax>proved March 31, 1875. 

An Act to establish the boston water board. 
Be it enacted, &c, as follows : 

Section 1. The city council of the city of Boston may 
establish, by ordinance, a water board, to be 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 
determine. The said board may be empowered by said 
city 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 also 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 supplying the city of Boston or other cities and towns 
with pure water. Said board may also establish and regu- 
late the price or rents for the use of said water, subject to 
the provisions of sections twelve and thirteen of chapter 
one hundred and sixty-seven of the acts of the year eigh- 
teen hundred and forty-six; and the words "Boston Water 
Scrip" in said sections shall be construed to include the 
whole amount of outstanding loans representing the cost of 
the water works. 

Section 2. The Cochituate Water Board and the 
Mystic Water Board shall, upon the appointment of the 
Boston AVater Board, as provided in the first section of 
this act, be thereby 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. 



1875.— Chapters 81, 82. 657 

Section 3. The salaries of the members of the Boston salaries not to 
Water Board shall not be diminished during the terms for during terms for 
which they are respectively appointed. which appoint. 

Section 4. Chapter one hundred and seventy-nine of Repeal of 1874, 
the acts of the year one thousand eight hundred and 
seventy-four is hereby repealed. 

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

Approved March 31, 1875. 



Chap. 81. 



An Act to authorize the town of Arlington to raise money 
for a centennial celebration of the events of the nine- 
teenth day of april, seventeen hundred and seventy-five. 

Be it enacted, &c, as follows : 

Section 1. The town of Arlington is authorized to May raise 

• , , , . n . . ° /» , money for een- 

raise by taxation and appropriate a sum ot money not tenniai ceiebra- 
exceeding the sum of two thousand dollars for the pur- Lexington!' 6 ° f 
pose of commemorating the events of the nineteenth day 
of April, seventeen hundred and seventy-five by a celebra- 
tion of the centennial anniversary thereof on the nine- 
teenth day of April, eighteen hundred and seventy-five. 
Section 2. This act shall take effect upon its passage. 

Approved March 31, 1875. 

An Act to change a portion of the harbor line in Gloucester Qhap. 82. 

HARBOR. 

Be it enacted, &c, as folloivs : 

Section 1. So much of the one hundred and twenty- Harbor unes 
fourth chapter of the acts of the year one thousand eight Gloucester bar- 
hundred and sixty-six as establishes a harbor line beyond bor ' 
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, which point is at the 
south-west corner of the present wharf of J. Mansfield 
and Sons : thence in a straight line north-easterly three 
hundred and eighty feet to a point two hundred and nine- 
ty-six feet distant from the southerly side of Rogers 
Street, and perpendicular thereto : thence easterly in a 
straight line one hundred and three feet to the south- 
westerly corner of the present wharf of J. Somes : thence 
north-easterly along the head of the present wharf of J. 
Somes, thirty-six feet: thence in a straight line south- 
easterly two hundred and three feet to the south-west 
corner of the present wharf of W. P. Dolliver ; thence 
south-easterly along the head of the present wharf of W. 
P. Dolliver eighty-five feet six inches ; thence south-east- 
10 



658 1875.— Chapters 83, 84. 

erly in a straight line ninety-three feet to the south-west 
corner of the present wharf of R. Fears, is hereby re- 
pealed ; and in place of such portion of said harbor line, a 
harbor line is hereby established, beginning at said point 
in the line established by said act of the year one thousand 
eight hundred and sixty-six, which point is at the south- 
west corner of the present wharf of J. Mansfield and 
Sons, and running thence in a straight line easterly about 
four hundred and fifteen feet, crossing the wharf of 
George Steele, to the south-easterly corner of the present 
wharf of Clark and Somes ; thence running easterly again 
in a straight line about four hundred and thirty-five feet to 
the south-west corner of the present wharf of R. Fears. 
Beyond said last-described line hereby established, no 
wharf, pier or other structure shall ever hereafter be 
extended, into or over tide- waters in said harbor of 
Gloucester. 
M66™i!a n «4 5 Section 2. The fourth and fifth sections of the one 
to apply 'to this' hundred and twenty-fourth chapter of the acts of the year 
one thousand eight hundred and sixty-six shall apply to 
this act. 

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

Approved March 31, 1875. 

Chap. 83. An Act concerning the employment of prisoners sentenced to 

LABOR IN HOUSES OF CORRECTION. 

Be it enacted, &c, as follows : 
Sheriff to report Section 1. The sheriffs of the several counties shall, 

number of era- ,.., „ . . 

ployed and un- during each criminal term of the superior court holden in 
onersTentenced their respective counties, report to said court the number 
oVc a o b rrection. use of prisoners sentenced to labor in houses of correction in 
the county employed under the provisions of sections 
eleven and thirteen of chapter one hundred and seventy- 
eight of the General Statutes, and also the number not so 
employed together with the reasons therefor. 

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

Approved March 31, 1875. 

Chap. 84. An Act to authorize the toavn of waltham to raise addi- 
tional FUNDS TO COMPLETE ITS WATER-WORKS. 
Be it enacted, &c, as folloivs : 
May raise $50,. Section 1 . The town of Waltham is hereby authorized, 

000 to complete . , , i i i l 

waterworks. for the purposes named in chapter three hundred and 
thirty-seven of the acts of the year eighteen hundred and 
seventy-two, to raise by taxation, or by borrowing from 
time to time, an amount not exceeding fifty thousand 



1875.— Chapters 85, 86. 659 



dollars in addition to the amount therein authorized, upon 
like terms and conditions, and with like powers in all 
respects as are provided in said act for the raising of 
money. 

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

Approved March 31, 1875. 

An Act to incorporate the ater savings bank. Chap. 85. 

Be it enacted, &c, as follows : 

Section 1. Alfred Page, J. C. Tenny and G. W. corporators. 
Stuart, their associates and successors, are hereby made a 
corporation by the name of the Ayer Savings Bank, to be Name and pur- 
located in the town of Ayer, with all the powers and pos 
privileges and subject to all the duties, liabilities and ^ ers and du ' 
restrictions, set forth in all general laws which now are or 
may hereafter be in force relating to institutions for 
savings. 

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

Approved March 31, 1875. 

An Act to incorporate the boston navigation company. Char). 86. 
Be it enacted, &c, as follows : 

Section 1. Frank N. Thayer, William H. Lincoln, Corporators. 
Thomas Dana, second, Sumner R. Mead, Samuel G. Reed, 
their associates and successors are hereby made a corpora- 
tion by the name of the Boston Navigation Company, Name and pur. 
with all the powers and privileges and subject to all the pose " 
duties, liabilities and restrictions, set forth in the general Powers and du- 

o ties. 

laws which now are or may hereafter be in force relative 
to such corporations. 

Section 2. The said company are hereby authorized May purchase 

fi ill i and build steam- 

and empowered to build, purchase, charter, hold and con- ships and sailing 
vey steamships and sailing vessels to be used in all lawful 
commerce and navigation upon the ocean and seas and for 
the transportation of passengers, merchandise and mails : 
provided, however, that said corporation shall not go into Proviso. 
operation till at least eleven hundred thousand dollars of 
its capital stock is subscribed for, and paid in in cash. 

Section 3. The capital stock of said corporation shall capital stock 

A L and snares. 

not exceed two millions of dollars and shall be divided 
into shares of the par value of one hundred dollars each. 
Section 4. This act shall take effect upon its passage. 

Approved March 31, 1875. 



660 1875.— Chapters 87, 88, 89, 90. 

Chap. 87. An Act in addition to an act to incorporate ohebei shalom. 
Be it enacted, &c, as follows: 

t1onai°?e a aiand Section 1. The Ohebei Shalom is hereby authorized to 

personal estate, hold and manage real and personal estate to the value of 
fifty thousand dollars in addition to the amount it is now 
authorized to hold : and the same shall be used for and 
applied to the same purposes specified in chapter one 
hundred and seventy-nine of the acts of the year one 
thousand eight hundred and forty-five and for providing a 
burial-place for the dead. 

i7yf§ a l. of 1845, Section 2. The fourth section of chapter one hundred 
and seventy-nine of the acts of the year one thousand 
eight huudred and forty-five is hereby repealed. 

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

Approved March 31, 1875. 

Chap). 88. An Act to change the name of the third unitarian society 

IN DORCHESTER. 

Be it enacted, &c, as follotvs : 
Name changed Section 1. Tbe name of the Third Unitarian Society 

to Harrison , . •» 

Square church, in Dorchester is changed to that of The Harrison Square 
Church. 

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

Approved March 31, 1875. 

Char). 89. An Act to change the name op the first universalist society 

IN DEDHAM. 

Be it enacted, &c, as follows : 
Name changed Section 1. The name of the First Universalist Society 

to First Univer- . . , ^ 

saiist society in in Dedham, is hereby changed to the Jbirst Universalist 

Norwood. . , . -J T -. J ° 

Society in Norwood. 

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

Approved March 31, 1875. 

Chap. 90. An Act to change the name of the fourth congregational 

SOCIETY OP SPRINGFIELD, AND TO LEGALIZE CERTAIN ACTS OF 
SAID SOCIETY. — 

Be it enacted, &c, as follows : 
Name changed Section 1. The name of the Fourth Congregational 

to Olivet Society . . /. n • c 1 t • 1 i 1 ijji /-\t 

of Springfield. Society ot Springfield is hereby changed to the Olivet 

Society of Springfield. 
Acts legalized Section 2. All lawful acts, which have been done and 
performed by the Fourth Congregational Society of Spring- 
field since the year eighteen hundred and fifty-five under 
the name of the Olivet Society of Springfield are hereby 
legalized and confirmed. 

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

Approved March 31, 1875. 



1875.— Chapters 91, 92, 93. 661 

An Act to change the name of the wardens vestry and pro- Q/ian. 91. 

PRIETORS OF CHRIST CHURCH IN SPRINGFIELD AND FOR OTHER -* 

PURPOSES. 

Be it enacted, &c, as folloivs: 

Section 1. The parish known as " The Wardens Vestry Name changed 
and Proprietors of Christ Church in Springfield, Massa- cimrch* spring- 
chusetts," shall be hereafter known as Christ Church, ficld - 
Springfield. 

Section 2. Said parish is hereby authorized to hold fnd*pereonai eal 
real estate to an amount not exceeding one hundred and estate. 
fifty thousand dollars, subject to all laws which now, or 
may hereafter apply to such parishes. 

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

Approved March 31, 1875. 

An Act authorizing the boston society of redemptorist fathers nj ia/D go 

TO HOLD ADDITIONAL REAL AND PERSONAL ESTATE. ^' 

Be it enacted, &c, as follows : 

Section 1. The Boston Society of Redemptorist $ioo,oooad- 
Fathers is hereby authorized to hold real and personal personafestate. 
estate for the purposes of their organization to the amount 
of one hundred thousand dollars in addition to the amount 
allowed by section four chapter thirty-two of the General 
Statutes. 

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

Approved March 31, 1875. 

An Act respecting the taking of the decennial census in ni wn go 

BOSTON AND OTHER CITIES. KyltWp. JO . 

Be it enacted, &c, as follows : 

Section 1. Whenever the decennial census of the Decennial cen- 
inhabitants of this Commonwealth is taken as provided taB^toVby 611 
by chapter sixty-nine of the acts of the year eighteen If^l city. roved 
hundred and sixty-five and the amendments thereto, the 
said census shall be taken in the city of Boston by agents 
appointed by the mayor and aldermen of said city, and 
shall contain, in addition to the requirements of the said 
chapter sixty-nine of the acts of the year eighteen hundred 
and sixty-five, an enumeration of the legal voters residing 
in each street avenue or square in said city. 

Such agents shall be sworn ; shall make out in words at Agents to be 
length a return of the aggregates and results of said sworn- 
census, and shall sign and make oath to the truth thereof; 
and a certificate of the magistrate administering the oath 
shall be annexed thereto. They shall on or before the to make dupii 
twentieth day of August of the year in which such census cate returD8 - 



662 1875.— Chaptee 94. 

is taken, deliver duplicate returns to the city clerk of said 
city, who shall transmit one of said duplicates to the sec- 
retary of the Commonwealth on or before the last day of 
said Augustj and retain the other duplicate. 
Ne ^ division of Upon receipt of said returns the city of Boston may 
ton. proceed to make a new division of its wards as provided 

in chapter seven of the acts o£ the year eighteen hundred 
and sixty-five, and in any acts in addition thereto or 
amendment thereof. 
A 1db S t0 he e Section 2. There shall be allowed and paid out of the 

state. treasury of the Commonwealth to each agent appointed 

under the foregoing section, the compensation allowed by 
law to assessors or other persons employed in taking the 
decennial census and industrial statistics throughout the 
Commonwealth, upon certificate of the mayor of said city 
of the number of days' service performed in said duty. 
Census to be Section 3. The bureau of statistics of labor, or any 

taken in same . , , . /.,!• -it • i 1V1 

manner in other board having charge ot taking the decennial census snail 
mayorlnd'ai- direct its agents appointed to take such census in any other 
dermen request. c j^y f ^ ae Commonwealth, to make the enumeration in 
the manner provided for in the first section of this act, and 
also to make the duplicate returns therein provided for, 
where the mayor and aldermen shall, on or before the 
fifteenth day of April next preceding the taking of such 
census, request said bureau or board so to do. 

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

Approved April 3, 1875. 

Chan 94. ^- N -^- CT relating to legal settlements. 

Be it enacted, &c., as follows : 

Legal settle- Section 1. Chapter seventy-one of the General Stat- 

Amendment to utes is hereby amended in the forty-ninth, and fiftieth 

g.s. t}, §§49, sec ^ onS) } 3 y adding after the word "inspectors," in each 

of said sections, the words "and the board of state charities 

through their general agent." 

Amendment to Section 2. Chapter two hundred and eighty-eight of 

the acts of the year eighteen hundred and seventy, is 

hereby amended in the first section, by adding thereto the 

words, "If any person so committed shall have a legal 

settlement in any city or town in this Commonwealth, the 

said city or town shall pay for his support such sum per 

week as may be fixed upon by the said board, and all 

moneys so received shall be paid into the treasury in the 

manner now provided by law." 



1875.— Chapters 95, 96, 97, 98. 663 

Section 3. This act shall take effect from the first To take effect 

April 1, loio. 

day of April of the current year. Approved April 3, 1875. 

An Act to amend section one, of chapter two hundred and Q/ ia p, 95, 

TWENTY-TWO, OF THE ACTS OF THE YEAR EIGHTEEN HUNDRED Jf ' 

AND SEVENTY-FOUR, RELATING- TO DIVIDENDS OF JOINT STOCK FIRE 
AND MARINE INSURANCE COMPANIES. 

Be it enacted, &c, as follows: 

Section 1. Section one of chapter two hundred and ^™ 4 ™|? e § n i. t0 
twenty-two, of the acts of the year eighteen hundred and 
seventy-four is amended by striking out in the fifth line the 
words "in any one" and inserting in their place "a," and 
after the word "stock" in the sixth line, by inserting "and 
if any dividends are less than ten per cent, in any one year 
after the passage of this act the same may be made up when 
the net profits and income become sufficient therefor." 

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

Approved April 3, 1875. 

An Act to legalize certain doings of the town of Carlisle. QJiap. 96. 
Be it enacted, &c, as follows : 

Section 1. The action of the town of Carlisle at its Appropriation 
last annual meeting, held by adjournment on the eigh- 
teenth day of March eighteen hundred and seventy-five, 
in appropriating five hundred dollars to defray the neces- 
sary expenses to be incurred in celebrating, upon the in- 
vitation of the town of Concord, the centennial anniversary 
of the battle of Concord, is authorized, ratified, confirmed 
and made valid. 

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

Approved April 3, 1875. 

An Act to extend the time authorizing the city of Worcester Q] iari qi 

TO LAY OUT A PUBLIC PARK, AND TO ESTABLISH AND MAINTAIN A *' 

RESERVOIR. 

Be it enacted, &c, asfolloivs : 

The time for taking and holding land in accordance with Time for taking 
the provisions of chapter one hundred and ninety-six, of voir, ^tended, 
the acts of the year eighteen hundred and seventy-three, 
is extended to the fifteenth day of April in the year eigh- 
teen hundred and seventy-six. Approved April 3, 1875. 

An Act in addition to and amendatory of an act to supply n/i a j) 98 

THE TOWN OF WINCHESTER WITH PURE WATER. ^' 

Be it enacted, &c, asfolloivs: 

Section 1. The first section of chapter two hundred Amendment to 
and seventy-seven of the acts of the year eighteen hun- 



664 



1875.— Chapter 99. 



dred and seventy-three is hereby amended by striking out 
the words "eighty rods south of the north line of said 
town of Medford" and inserting instead thereof the words 
"southerly to a line one hundred and ten rods distant 
northerly from the southerly line of the town of Winches- 
ter extended." 

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

Approved April 3, 1875. ' 



Chap. 99. 



Sale of intoxi- 
cating liquors, 
regulated. 



Druggists and 
apothecaries. 



Importers may 
sell liquor in 
casks, and as 
imported. 



Licenses may be 
granted by 
mayor and 
aldermen or 
selectmen. 



An Act to regulate the sale of intoxicating liquors. 

Be it enacted, &c., as follows : 

Section 1. No person shall sell, or expose, or keep 
for sale, spirituous or intoxicating liquors, except as 
authorized in this act : provided, however, that nothing 
herein contained shall apply to sales made by any person 
under any provision of law requiring him to sell personal 
property ; or to sales of cider and of native wines by the 
makers thereof, not to be drunk on their premises. 

Section 2. Druggists and apothecaries may sell pure 
alcohol for medicinal, mechanical or chemical purposes ; 
they may also sell liquors of any kind, not to be drunk on 
their premises, under a license of the fourth class herein- 
after mentioned : provided, however, that druggists shall 
not be subject to the second clause of section six of this 
act when the sale is made upon the prescription of a 
physician. 

Section 3. Importers of liquor of foreign production 
imported under authority of the laws of the United States, 
may own, possess, keep or sell such liquor in the original 
casks or packages in which it was imported, and in quan- 
tities not less than those in which the laws of the United 
States require such liquors to be imported, and, when 
sold, such liquor shall be as pure and unadulterated as 
when imported. 

Section 4. Licenses may he granted annually to per- 
sons applying for the same by the mayor and aldermen of 
cities or the selectmen of towns, and every license shall be 
signed by the mayor or the chairman of the selectmen, 
and by the clerk of the city or town by which it is issued, 
and shall be recorded in the office of such clerk, who shall 
be paid by the licensee one dollar for recording the same. 
It shall name the person licensed, shall set forth the nature 
of the license and the building in which the business is to 
be carried on, and shall continue in force until the first day 



1875.— Chapter 99. 665 

of the May next ensuing, unless sooner forfeited or ren- 
dered void. 

Section 5. The mayor and aldermen of any city, and ^Siwhen 1 ** 
the selectmen of any town, "may at any time refuse to person is unfit. 
issue a license to any person whom they deem unfit to 
receive the same. But nothing in this act shall be so con- 
strued as to compel said mayor and aldermen or selectmen 
to grant licenses. 

Section 6. Each license shfill be expressed to be sub- conditions oi 
ject to the following conditions : — 

First. That the provisions in regard to the nature of 
the license, and the building in which the business may be' 
carried on under it, shall be strictly adhered to. 

Second. That no sale of spirituous or intoxicating liquor 
shall be made between the hours of twelve at night and 
six in the morning, nor during any part of the Lord's day, 
except that if the licensee is also licensed as an innholder, 
he may supply such liquor to guests who have resorted to 
his house for food' or lodging. 

Third. That no liquor except such as is of good stand- 
ard quality and free from adulteration shall be kept or 
sold on the premises described in the license. 

Fourth. That no sale or delivery of liquor shall be made 
on the premises described in the license to a person known 
to be a drunkard, or to an intoxicated person, or to a minor. 

Fifth. That there shall be no disorder, indecency, pros- 
titution, lewdness or illegal gaming on the premises de- 
scribed in the license, or on any premises connected there- 
with by any interior communication. 

Each license of the second, third and fifth class shall be 
subject to the further condition that no spirituous or 
intoxicating liquors except those the sale of which is 
allowed by the license, shall be kept on the premises 
described in the license, and each license of the first, 
second and third classes shall be subject to the further 
condition, that the licensee shall not keep a public bar, 
and shall hold a license as an innholder or common 
victualler. The mayor and aldermen of cities and select- 
men of towns are hereby authorized to grant licenses to 
persons to be innholders and common victuallers. 

Sixth. That the license, or a copy thereof, certified by 
the clerk of the city or town by which it was issued, shall 
be displayed on the premises, in a conspicuous position, 
where it can easily be read. 
11 



MG 



1875.— Chapter 99. 



Licenses to be 
of five different 
classes. 



Fees for li- 
censes. 



License not to 
be issued until 
foe 1ms been 
paid, and bond 
given. 



Seventh. It shall be further expressed in each license 
that it shall be subject to a forfeiture as herein provided, 
for breach of any of its conditions ; and that in case the 
licensee is convicted in any court of competent jurisdiction 
of having violated any of such conditions, his license shall 
thereupon become void. 

Section 7. Licenses shall be of the following classes r 

First class. To sell liquors of any kind, to be drunk on 
the premises. 

Second class. To sell malt liquors, cider and light wines 
containing not more than fifteen per centum of alcohol, to 
be drunk on the premises. 

Third class. To sell malt liquors and cider, to be drunk 
on the premises. 

Fourth class. To sell liquors of any kind, not to be 
drunk on the premises. 

Fifth class. To sell malt liquors, cider and light wines, 
containing not more than fifteen per centum of alcohol, 
not to be drunk on the premises. 

Section 8. The fees for licenses shall be as follows : — 

For a license of the first class, not less than one hundred 
dollars nor more than one thousand dollars. 

For a license of the second or third class, not less than 
fifty dollars nor more than- two hundred and fifty. 

For a license of the fourth class, not less than fifty dol- 
lars nor more than five hundred dollars : provided, how- 
ever, that a distiller shall pay not less than three hundred 
dollars nor more than five hundred dollars : provided, 
secondly, that distillers distilling not over fifty barrels 
annually shall pay a license fee of fifty dollars. 

For a license of the fifth class, not less than fifty dollars, 
nor more than one hundred and fifty dollars : provided, 
however, that a brewer shall pay not less than two hundred 
dollars, nor more than four hundred dollars. 

Section 9. No license shall be issued until the license 
fee has been paid to the treasurer of the city or town by 
which it is to be issued, and until he has received a satis- 
factory bond, payable to him as such treasurer, in the sum 
of one thousand dollars, signed by the licensee and suffi- 
cient surety or sureties, who shall be jointly and severally 
liable, and conditioned for the payment of ail costs, dam- 
ages and fines incurred by violation of the provisions of 
this act. Separate suits may be brought on said bond 
by any person at his own expense. Such bond, after 



1875.— Chapter 99. 667 

approval, shall be filed in the office of the city or town clerk, ^ t ^ y b e r ftled 
and may be sued in any court having jurisdiction under the town clerk, 
provisions of this act, and a certified copy thereof shall be 
admissible in evidence, and shall have the same force and 
effect as the original bond would have, if offered in 
evidence. The bond to be taken in each case may be in 
the following form : — 

Know all Men by these Presents, That we, A B, of the city of Form of bond. 
(or town of) , and county of , as principal, and C D, of the 

city of (or town of) , and E F, of the city of (or town of) 

, as sureties, are held and firmly bound unto the treasurer 
of the city of (or town of) , in the sum of one thousand 

dollars, to which payment well and truly to be made we bind our- 
selves, and our legal representatives. 

Signed with our seals this day of , A D. 187 . 

The condition of this obligation is such that whereas the above 
bounden A B has this day been licensed by License No. , by the 
mayor and aldermen of the city of (or the selectmen of the town of) 
, in the county of , now if the said A B shall well and truly 

comjdy with all the provisions of the act under which said license is 
issued, and also shall pay all damages which shall be recovered from 
him under and pursuant to the provisions of said act, then this bond 
to be void, otherwise of full force in the law. 

Executed in presence of 

Section 10. The treasurer of a city or town shall pay one-fom-tkof 
to the treasurer of the Commonwealth one-fourth of all bTpafd testate 
moneys received by him for licenses within one month treasurer - 
after he receives the same. 

Section 11. The mayor and aldermen of a city, or the Premises of 
selectmen of a town, or any police officer or constable mayTe entered 
specially authorized by them, may at any time enter upon £y selectmen > 
the premises of any person licensed to sell under this act, 
to ascertain the manner in which such person conducts his 
business, and to preserve order. And such police officers Analysis of 
or constables may at any time take samples for analysis liquors - 
from any liquors kept on such premises, and the vessel or 
vessels containing such samples shall be sealed on the 
premises by the seal of the vendor, and shall remain so 
sealed until presented to the assay er for analysis. The 
city or town shall pay for the samples so taken : provided, 
such liquors are found to be of good quality, and free 
from adulteration. 

Section 12. The mayor and aldermen or the select- Licenses may 

,. , i . , i i*i i • it be forfeited if 

men of tne city or town by which a license has been conditions are 
issued, after notice to the licensee and reasonable oppor- broken - 
tunity for him to be heard by them, or by a committee of 
their number, may declare his license forfeited upon proof 



668 1875.— Chapter 99. 

satisfactory to them that he has violated, or permitted to 
be violated, any of the conditions thereof. The pen- 
dency of proceedings before any court or justice shall not 
suspend or interfere with the power herein given to decree 
a forfeiture. 

The licensee shall be disqualified to receive a license for 
one year after the expiration of the term of the license so 
forfeited, and no license shall be issued to be exercised on 
the premises described in such forfeited license for the 
residue of the term thereof: provided, the licensee is the 
owner of said premises. 
Penalties for Section 13. Any person, convicted of a violation of 

violation of con- /» 1 • • /» 1 • t i • 

ditionsof H- any of the provisions of his license or of this act, shall be 
punished by a fine not less than fifty nor more than five 
hundred dollars, or imprisonment not less than one nor 
more than six months, or by both such fine and imprison- 
ment. Any licensed person so convicted shall, in addition 
to said penalties, forfeit his license, and shall be disqualified 
to hold a license for the period of one year after such con- 
viction, and no license shall be exercised on the premises 
described in the forfeited license during the residue of the 
term thereof: provided, the licensee is the owner of said 
premises. And said mayor and aldermen of cities and 
selectmen of towns shall be required to prosecute to final 
judgment all violations of this section. 

Liability of per. . Section 14. If a person in a state of intoxication, 

eon furnishing ' f , , 

liquor illegally, commits an assault and battery, or injures property, who- 
causedTy?^ ever furnished him with any part of the liquor which 
occasioned his intoxication, if the same was furnished in 
violation of this act, shall be liable to the same action by 
the party injured as the person intoxicated would be liable 
to ; and the party injured, or his or her legal representative, 
may bring either a joint action against the person intoxi- 
cated and the person who furnished the liquor, or a separate 
action against either. 
penalty for fur. Section 15. Whoever, by himself or his agent or ser- 
t^amfnon" 01 vant, shall sell or give intoxicating liquor to any minor, or 
allows a minor to loiter upon the premises where such sales 
are made, shall forfeit one hundred dollars for each offence, 
to be recovered by the parent or guardian of such minor in 
an action of tort. 
wife, child, etc., Section 16. The husband, wife, parent, child, guardian 
that Hquor^haii or employer of any person who has or may hereafter have 
husbaVd^etc? the habit of drinking spirituous or intoxicating liquor to 



intoxicated 
person. 



1875.— Chapter 99. 669 

excess, may give notice in writing, signed by him or her, 
to any person requesting him not to sell or deliver spirit- 
uous or intoxicating liquor to the person having such habit. 
If the person so notified at anytime, within twelve months Liability for not 
thereafter, sells or delivers any such liquor to the person reqSst. ngwt 
having such habit, or permits such person to loiter 
on his premises, the person giving the notice may, in 
an action of tort, recover of the person notified such sum 
not less than one hundred nor more than five hundred 
dollars, as may be assessed as damages : provided, the 
employer giving said notice, shall be injured in his person 
or property. A married woman may bring such action in 
her own name, and all damages recovered by her shall 
inure to her separate use. In case of the death of either 
party, the action and right of action shall survive to or 
against his executor or administrator. 

Section 17. The delivery of intoxicating liquors in or Delivery of 
from any building, booth, stand, or other place, except a prima facie 
private dwelling-house, or in or from any private dwelling- evidence ° fsale ° 
house, if any part thereof or its dependencies is used as 
an inn, eating-house, or shop of any kind, or other place 
of common resort, — such delivery in either case being to 
any person not a resident therein, — shall be prima facie 
evidence that such delivery is a sale of intoxicating liquors. 

Section 18. The terms intoxicating liquor, or liquors, "intoxicating 
in this act shall be construed to include ale, porter, strong "li^uora^de- 
beer, lager-bier, cider, and all wines, as well as distilled fined - 
spirits. 

Section 19. Municipal, district and police courts, and Municipal 
trial justices, shall have jurisdiction concurrent with the have concurrent 

, • i , . n , i . . n ,i • , jurisdiction with 

superior court over violations ot the provisions ot this act. superior court. 
Section 20. The powers and duties given to, and License commis. 

J ii l u i? -i.- i xi • sionersmaybe 

imposed upon, the mayor and aldermen ot cities, by this appointed in 
act, may be exercised in any city by a board of license C1 
commissioners, if the city council of such city shall so 
determine ; and such board shall consist of three inhabit- 
ants of said city, to be appointed by the mayor and con- 
firmed by the city council thereof, and shall hold office until 
the first day of May next after their appointment, or until 
their successors are appointed and confirmed, and shall 
receive such compensation as the city council shall 
determine. 

Section 21. The governor, with the advice and consent inspector and 
of the council, shall annually appoint and commission a fiquorT. ° 



670 



1875.— Chapter 100. 



Inspector to 
give bond before 
receiving com- 
mission. 



Repeal. 



To take effect 
May 1, 1875. 



competent person as an inspector and assayer of liquors. 
Such person shall, before receiving his commission, file in 
the office of the treasurer of the Commonwealth, a bond to 
the Commonwealth in the penal sum of five thousand dol- 
lars, with two or more good and sufficient sureties, to be 
approved by the treasurer, for the faithful performance of 
the duties of his office. The said inspector and assayer 
shall receive an annual salary of twenty-five hundred dol- 
lars, payable quarterly, on the first days of January, April, 
July and October. 

The duties of said officer shall be to inspect and analyze 
all liquors sent to him by the mayor and aldermen of any 
city or the selectmen of any town, or by the license com- 
missioners appointed under this act, and to return to such 
mayor and aldermen or selectmen, or commissioners, with 
all possible expedition, a written statement signed by him 
of the results of such inspection and analysis. Such 
statement shall be presumptive evidence of the composi- 
tion and quality of the liquors to which it relates. 

Section 22. Chapter four hundred and fifteen of the 
acts of the year eighteen hundred and sixty-nine, and all 
acts or parts of acts inconsistent herewith are hereby 
repealed : provided, that nothing herein contained shall 
affect any prosecution pending, or any penalty or forfeiture 
incurred before this act takes effect. 

Section 23. This act shall take effect on the first day 
of May next. Approved April 5, 1875. 



Chap. 100 An Act to amend chapter three hundred ninety-three of the 

ACTS OF THE YEAR EIGHTEEN HUNDRED SEVENTY-FOUR, RELATING 
TO DEPOSITS IN SAVINGS BANKS. 

Be it enacted, &c., as follows : 
May receive de. Section 1. The first section of chapter three hundred 

posits of $1,000, . /.i -1 

and aiiow inter- ninety-three of the acts of the year eighteen hundred 
dpa"'ete P , rm seventy-four, entitled "An act relating to deposits in 
amonntsto savings banks," is hereby amended so that it shall read as 
follows, to wit : — 

Savings banks may receive deposits from any person 
until they amount to the sum of one thousand dollars, and 
allow interest upon such deposits and upon the interest 
accumulated thereon, until the principal with the accrued 
interest amounts to sixteen hundred dollars, but interest 
shall be allowed thereafter upon no greater sum than six- 
Proviso. teen hundred dollars : provided, that the limitations con- 



1875.— Chapters 101, 102, 103, 101. 671 

tained in this act shall not apply to religious or charitable 
corporations. 

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

Approved April 7, 1875. 

An Act to punish malicious injury to steam-mills. Chap. 101 

Be it enacted, &c., as follows: 

Whoever wilfully and maliciously breaks down, injures, Penalty for in. 
removes or destroys any of the wheels, mill-gear or mills. s 
machinery of a steam-mill shall be punished by imprison- 
ment in the state prison not exceeding five years, or by 
fine not exceeding five hundred dollars and imprisonment 
in the jail not exceeding two years. 

Approved April 7, 1875. 

An Act relative to the annual parade of the volunteer Q/ ia , )t IQ2 

MILITIA FOR THE PRESENT YEAR. ^ 

Be it enacted, &c, as follows: 

Section 1. The parade of the volunteer militia, re- The command 
quired by law to be made on the last Wednesday in May may order pa. 
of the present year, may be ordered by the commander-in- attny^"*™ 
chief to be made at such other time or times prior to the before juiyi, 
first day of July next, and at such place or places, and in 
such manner as he may determine. 

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

Approved April 7, 1875. 

An Act to amend the charter of the city of newburyport. Chan. 103 
Be it enacted, &c, as follows : 

Section 1. The mayor of the city of Newburyport Mayor to be 
shall be, ex officio, a member of the school committee of "hoVcommit- 
said city and chairman of the board. maVT/board. 

Section 2. This act shall take effect, if accepted by subject to ac-' 
the legal voters of said city voting in their respective lefaYvoterZ 
wards at the next annual meeting for the choice of 
municipal officers. Approved April 7, 1875. 

An Act to authorize the first parish in framingham to hold (JJ i(t p_ 204 

REAL ESTATE FOR THE PURPOSES OF A PARSONAGE. l 

Be it enacted, &c, as folloios : 

Section 1. The First Parish in Framingham is hereby Real estate not 
authorized to hold real estate for the purposes of a parson- lisfoooVfor a 
age, to an amount not exceeding fifteen thousand dollars. P areona g e - 

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

Approved April 7, 1875. 



(572 1875.— Chaptees 105, 106. 

Chap. 105 An Act to authorize cities and towns to regulate the con- 
struction AND USE OF WATER-PIPES AND WATER-FIXTURES. 

Be it enacted, &c, as folloivs : 
£a ie re an uiat<T nB Section 1. The city council of any city and the in- 
construction of habitants of any town, in which water is supplied or dis- 
water-iixtures. tributed at the public expense, may prescribe rules and 
regulations for the inspection, materials, construction, 
alteration, or use of all water-pipes and of water-fixtures 
of every kind, through which water so supplied or dis- 
tributed is used by any person or corporation within said 
city or town, and may impose penalties not exceeding 
twenty dollars for each and every violation of auy pro- 
vision of any ordinance or by-law passed by authority of 
this act, to be recovered before any municipal, district, or 
police court, or any trial justice having jurisdiction in the 
place where the penalty is incurred ; and may prohibit the 
use of water by any person or corporation neglecting or 
refusing to comply with any provision of any ordinance 
or by-law so passed : and any ordinance or by-law so 
passed may be made operative upon and within the whole 
territory of such city or town, or upon and within any 
prescribed or defined district or districts of said territory. 
Powers may be Section 2. The powers conferred by this act upon the 

exercised by . *. 1 • 1 -i • c 

water board. city council oi any city or the inhabitants ot any town, 
except the power to impose penalties, may be exercised 
by them through any water board or other board or com- 
mission which they may designate ; but the powers so 
delegated to any such board or commission may at any 
time be revoked by the authority delegating them. 

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

Approved April 9, 1875. 

(Jimp. 106 An Act relating to the civil jurisdiction of the municipal 

COURTS OF THE CITY OF BOSTON. 

Be it enacted, &c, as follows: 

oivii jurisdic. Section 1. Chapter two hundred and seventy-one of 

oipai courts of the acts of the year eighteen hundred and seventy-four is 

• i -I 
hereby amended by striking out the sixth and seventh 

sections and inserting instead thereof the following pro- 
vision, to wit : Said courts shall have exclusive original 
jurisdiction of all civil actions and proceedings, (except 
where the title to real estate is put in issue) where the 
debt or damages demanded or the value of the property 
alleged to be detained does not exceed one hundred dollars, 
and shall have original and concurrent jurisdiction with 



Boston. 



1875.— Chapter 107. 673 

the superior court where the debt or damages demanded 
or the value of the property alleged to be detained does 
not exceed three hundred dollars : provided, however, that 
the municipal court of the city of Boston shall have original 
and concurrent jurisdiction with the superior court where 
the debt or damages demanded or the value of the property 
alleged to be detained does not exceed five hundred dollars. 

Section 2. Transitory actions brought in said courts Transitory ac 
shall be brought in the district where some one of the brought in dis- 
parties lives or has his usual place of business : provided, v^^ivlto™ 
that if suit is begun by trustee process and all the persons fejj££ of 
named in the writ as trustees dwell or have usual places Proviso. 
of business in one district, the writ shall be returnable in 
such district, otherwise it may be returnable in any district 
in which either of them dwells or has his usual place of 
business without regard to the domicile of the other 
parties. 

Section 3. Chapter three hundred and twenty-six of Re P eal - 
the acts of the year eighteen hundred and seventy-four, 
and all acts and parts of acts inconsistent herewith, are 
hereby repealed. Approved April 9, 1875. 

An Act relating to the powers of associations for religious, Q/iap. 107 

CHARITABLE, BENEVOLENT AND OTHER LIKE PURPOSES. 

Be it enacted, &c, as follows: 

Section 1. The provisions of the general laws relating Laws relating to 
to life insurance companies shall not be held to be ap- not applicable 
plicable to such associations established under the laws of established 0118 
this Commonwealth for any of the purposes set forth in under 1874, 375 - 
section two of chapter three hundred and seventy-five of 
the acts of the year one thousand eight hundred and 
seventy-four as may make provision for the widows, 
orphans or other dependents of deceased members and of 
other persons, by means of a fixed payment to be made on 
the death of each person for the benefit of whose depend- 
ents such provision is made. 

Section 2. Nothing contained in this act shall be con- Associations 
strued to authorize the formation of associations for the i?ves n no"author- 
sole or principal purpose of insuring lives. wed by this act. 

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

Approved April 9, 1875. 
12 



674 



1875.— Chapter 108. 



Part of Acush- 
net annexed to 
New Bedford. 



Chap. 108 An Act to annex a part of the town of acushnet to the city 

OF NEW BEDFORD. 

Be it enacted, &c., as follows : 

Section 1. All that part of the town of Acushnet, 
with all the inhabitants, and estates therein, lying westerly 
of the following line, to wit, Beginning at the stone post 
numbered twenty-nine (29) at Davis Corner, so called, 
thence running north three degrees west to a stone post, 
five rods easterly of the house of Benjamin Peckham, and 
from thence northerly in a straight line to the stone post 
that marks the boundary line between New Bedford, Free- 
town and Acushnet, is hereby set off from the town of 
Acushnet and annexed to the city of New Bedford and 
shall constitute a part of the first ward of the city of New 
Bedford until a new division of wards is made in said city. 

Section 2. All taxes already assessed by the town of 
Acushnet to the inhabitants of said territory hereby set 
off and annexed shall be paid by them to said town the 
same as if this act had not been passed : and all paupers 
who have gained or derived a settlement in said town, by 
a settlement gained within said territory, shall be relieved 
and supported by the city of New Bedford in the same 
manner as if they had a legal settlement in said city. 

Section 3. The inhabitants residing on the said terri- 
tory hereby annexed to the city of New Bedford shall 
continue to be a part of the town of Acushnet for the pur- 
pose of electing a representative to the general court until 
the next apportionment shall be made ; and it shall be the 
duty of the mayor and aldermen of the city of New Bed- 
ford to make a true list of all the persons in said territory 
qualified to vote at said election as required by law, and to 
deliver the same to the selectmen of Acushnet, seven days 
at least before said election : and the same shall be taken 
and used by the said selectmen in the same manner as if 
it had been prepared by themselves. 

Section 4. The city of New Bedford shall annually 
pay to the town of Acushnet from and after the time when 
this act takes effect, one twenty-eighth part of all the state 
and county taxes thereafter required of said town, previous 
to a new state valuation or new basis for the apportion- 
ment of state and county taxes. 

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

Approved April 9, 1875. 



Paupers. 



Representative 
to general court. 



New Bedford to 
pay one twenty- 
eighth part of 
state and county 
taxes, until new 
valuation. 



1875.— Chapters 109, 110, 111. 675 

An Act to amend chapter forty-two of the acts of the year Qfoap. 109 

EIGHTEEN HUNDRED AND SEVENTY-ONE, RELATING TO BONDS IN 
BASTARDY CASES. 

Be it enacted, &c, as follows: 

Section 1. The second section of chapter forty-two of ^n^Sa^l! t0 
the acts of the year one thousand eight hundred and 
seventy-one is amended by adding at the end thereof the 
words " or a justice of a district or police court." 

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

Approved April 9, 1875. 

An Act authorizing the construction of branches and exten- Chap. 110 

SIONS BY RAILROAD CORPORATIONS. 

Be it enacted, &c, as follows 

1874, 372, § 31 



The thirty-first section of chapter three hundred and Amendment to 



seventy-two of the acts of the year one thousand eight 
hundred and seventy-four is hereby amended by adding 
after the word "act" in the ninth line of said section the 
words "but a railroad corporation may build branches or 
extensions of its railroad without additional capital stock : 
provided, the indebtedness of the corporation is not there- 
by increased." • Approved April 9, 1875. 

An Act to authorize the city of fall river to fund its float- Qkap. Ill 

ING DEBT. 

Be it enacted, &c, as follows : 

Section 1. For the purpose of funding the floating Fan River may 
debt of the city of Fall River and for the purpose of pro- debt. 18 ° atlDg 
viding for the payment of the cost of its new buildings now 
in process of erection and of such other permanent public 
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 
four hundred thousand dollars in addition to the amounts 
now authorized by law, and to issue therefor the bonds of 
said city, payable, not more than twenty years from the 
time of their issue, in the United States in gold coin, or in 
Great Britain in sterling gold coin, or instead of issuing 
bonds payable as aforesaid, said city council may issue the 
bonds of said city for like amount payable not more than 
twenty years from the time of their issue in the United 
States in lawful money thereof. And said council may dis- saic of bonds. 
pose of the whole or any part of said bonds, at any time or 
times, for money borrowed for the purposes aforesaid, upon 
such terms and conditions as said council may deem proper ; 
and said cit} r council is hereby further authorized to grant 



G76 



1875.— Chapters 112, 113. 



May establish 
sinking fund to 
pay debt con- 
tracted for pay- 
ment for rail- 
road stock. 



Trustees to be 
elected. 



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 sums of money, 
not exceeding in any one year three per cent, of the 
sinking fund, 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. 

Apiproved April 9, 1875. 

Chap. 112 An Act to authorize the town of Plymouth to establish a 

SINKING FUND TO MEET THE LOAN MADE TO PAY FOR ITS STOCK 
IN THE DUXBURY AND COHASSET RAILROAD COMPANY. 

Be it enacted, &c, as follows : 

Section 1. Such sums of money as the town of Plym- 
outh may from time to time appropriate therefor, shall be 
set apart as a sinking fund, which, with the accumulated 
interest upon the same, shall be devoted to the payment at 
maturity of the loan or loans made by said town to pay for 
its stock in the Duxbury and Cohasset Railroad Company. 

Section 2. Said town shall, at a meeting called for 
that purpose, elect three trustees by ballot, whose term of 
office shall continue until the maturity and payment of said 
loan or loans ; and in case of any vacancy occurring in 
said board of trustees, the town shall, at the next annual 
meeting, fill such vacancy by ballot. 

Section 3. Said trustees shall hold, invest and manage 
said sinking fund, rendering to said town at each annual 
meeting a statement of the condition thereof, and shall 
serve without pay. 

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

Approved April 9, 1875. 

An Act to authorize the dissolution of the second congre- 
gational SOCIETY IN MEDFORD, AND FOR OTHER PURPOSES. 

Be it enacted, &c, as follows : 

Section 1. The Second Congregational Society in 
Medford is authorized to sell and convey any or all of its 
real and personal property and, after paying all its debts 
and liabilities, to pay over the proceeds of such sales or 
the balance thereof, after paying such debts and liabilities, 
to the Mystic Society of said Medford. 
May convey Section 2. Said Second Congregational Society may, 

property to . . _ ., . 11 /• «a j. 

Mystic society if it deerns advisable, convey any or all ot its property, 
elation! after" 1 " real or personal, to said Mystic Society without consider- 

debts are paid. 



Trustees to 
manage sinking 
fund. 



Chap. 113 



May sell prop- 
erty, and pay 
over proceeds to 
Mystic Society 
of Medford. 



1875.— Chapter 114. 677 

ation, whenever the debts and liabilities of said Second 
Congregational Society are discharged : and when said ^rporate^stl 8 
debts and liabilities are discharged and said property is ence. 
conveyed to said Mystic Society, or when the balance of 
the proceeds of the sale thereof, after discharging such 
debts and liabilities, is paid over to said Mystic Society, 
then said Second Congregational Society may dissolve its 
corporate existence by a majority vote of its members 
present and voting at any meeting of said society legally 
called and notified for that purpose. 

Section 3. Before such sale or dissolution shall be Pewstobeap- 
made the pews in the house of worship of said Second amounts to be 
Congregational Society not owned by the society shall be io i 1 w „V r e 8 " dered 
appraised at their fair cash value by David N. Skillings 
of Winchester, J. G. Pollard of Woburn and John Field 
of Arlington, who shall be first duly sworn as provided for 
assessors of religious societies; and when the value so 
assessed shall be paid or tendered to the owner or owners 
of any such pew or pews or part of a pew, such pew or 
pews or part of a pew shall be deemed and become the 
property of the society, to all intents and purposes. 

Section 4. In case any vacancies shall occur in the vacancies. 
number of appraisers before mentioned it shall be filled 
by the remaining member or members. 

Section 5. All transactions under this act shall be Transactions to 
recorded upon the society books of the Second Congre- within thirty 
gational Society within thirty days after the dissolution of luUonVfsocietyi 
the society and the books, papers, records and seal of said 
society shall thereupon be delivered to the said Mystic 
Society to be preserved in like manner as its own records. 

Approved April 9, 1875. 

An Act making appropriations for certain educational Q/iar>. 114 

PURPOSES. * 

Be it enacted, &c., as follows : 

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 edu- 
cational purposes, unless otherwise provided, to wit : — 

For the support of the state normal schools, including state normal 
the normal art- school, a sum not exceeding seventy-one 8Ch ° o1 
thousand dollars. 

For teachers' institutes, a sum not exceeding one thou- Teachers' insti. 
sand dollars, to be expended in accordance with the 
provisions of chapter thirty-five of the General Statutes. 



678 



1875.— Chapter 115. 



Pupils in 
normal schools. 



Board of edu- 
cation — 
Postage, print- 
ing, etc. 



Mass. teachers' 
association. 



Board of educa- 
tion expenses. 



County teach- 
ers' associ- 
ations. 



Salaries of 
agents. 



Rogers book 
fund. 



Todd normal 
school fund. 



Agricultural 
college fund. 



For aid to pupils in the state normal schools, a sum not 
exceeding four thousand dollars, payable in semi annual 
payments, to be expended under the direction of the board 
of education. 

For postage, printing, stationery, advertising, trans- 
portation of documents for the board of education, and for 
the secretary thereof, a sum not exceeding four thousand 
dollars. 

For the Massachusetts teachers' association, three hun- 
dred dollars. 

For expenses of the members of the board of education, 
to be paid from the treasury of the Commonwealth, a sum 
not exceeding three hundred dollars. 

For county teachers' associations, to be paid from the 
treasury of the Commonwealth, a sum not exceeding three 
hundred dollars. 

The appropriation heretofore made in chapter four of 
the acts of the present year, for the salaries and expenses 
of such agents as the board of education may appoint, 
shall be paid from the treasury of the Commonwealth. 

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 effect upon its passage. 

Approved April 10, 1875. 



Chap. 115 a n Act to authorize ] the leasing of great ponds in dukes 
' county. 



Commissioners 
may lease pond 
in Dukes Co. 



Be it enacted, cfcc, as follows: 

Section 1. The commissioners on inland fisheries may 
lease any great pond, exceeding twenty acres in area 
situated within the limits of Dukes County, provided, that 
the town, or towns, within which said pond lies shall, after 
the notice now required by law, at a meeting called for 
that purpose, assent to the granting of such lease. 



1875.— Chapters 116, 117. 679 

Section 2. Chapter three hundred and sixty of the acts Repeal of mo, 
of the year eighteen hundred and seventy is hereby repealed. 
Section 3. This act shall take effect upon its passage. 

Approved April 10, 1875. 

An Act concerning the shell-fisheries in the towns of (Jka/p. 116 

SWANSEA AND SOMERSET. 

Be it enacted, &c, as follows : 

Section 1. Whoever within the limits of the towns of ^"atio/of pro- 
Swansea and Somerset violates any of the provisions of visions iof g. s. 
section thirteen ot chapter eighty-three ot the (jreneral 
Statutes shall in addition to the penalty therein prescribed 
be liable to a tine not exceeding ten dollars. 

Section 2. The sheriff of Bristol County or any of his Person found 

. i> ,i - a taking shell-fish 

deputies, or any constable or selectman ot the towns ot unlawfully may 
Swansea and Somerset may without a warrant arrest any without a war- 
person whom he finds in the act of taking shell-fish from rant - 
their beds in said towns in violation of the provisions of 
section thirteen of chapter eighty-three of the General 
Statutes, or in the act of carrying away therefrom any 
shell-fish so taken, and detain him in some place of safe 
keeping until a warrant can bo procured against said 
person upon a complaint for said offence : jjrovided, that 
such detention without a Warrant shall not exceed twenty- 
four hours. 

Section 3. The selectmen of the towns of Swansea Selectmen may 
and Somerset may charge and receive in behalf of and for ceive g n.ft 1 ex U ' 
the use of said towns such sum not exceeding thirty-five S™ t !|f y " 
cents per bushel as they shall deem proper for the permit bushel for aheiu 
to take shell-fish from their beds in said towns as author- 
ized by section thirteen of chapter eighty-three of the 
General Statutes and the person or persons receiving the 
permit shall pay the same according to the terms therein 
specified. 

Section 4. Chapter one hundred and eighty-five of the Repeal of 1874, 
acts of the year eighteen hundred and seventy-four is 
hereby repealed. Approved April 10, 1875. 

An Act to regulate the assessment of damages for land Char). Ill 

TAKEN IN THE LOCATION OF HIGHWAYS IN CASES WHERE THE 
ESTATE IS ENCUMBERED BY CONTINGENT REMAINDERS. 

Be it enacted, &c, as follows: 

Section 1. In all cases of the assessment of the Damages to be 
damages sustained by land owners by reason of the laying trusteeTwhere 
out, alteration or discontinuance of a highway, whenever £er«i byTon' m ' 
it shall appear that the real estate taken or affected is a ^ff e ^? main ' 



680 



1875.— Chapter 117. 



Trustees to be 
appointed by 
probate court. 



Tenant in pos- 
session may 
apply for a jury. 



Provisions to 
apply to cases 
of exercise of 
right of eminent 
domain, etc. 



encumbered by any contingent remainder, executory 
devise or power of appointment the assessment of 
damages shall proceed, and the damages recovered shall 
be paid over to a trustee or trustees in the manner pro- 
vided for the assessment of damages where there are 
different and separate vested interests in the property, in 
section seventeen of chapter forty-three of the General 
Statutes. 

Section 2. The trustee or trustees to whom such 
damages are to be paid, as provided in the foregoing 
section, shall be appointed by the probate court for the 
county where the land is situated, on petition of the 
county commissioners or of any person in possession and 
enjoyment of the land either as tenant of a freehold estate 
or of a term of years ; and in case the commissioners and 
such tenant in possession shall neglect or refuse to tile such 
petition, then said trustee or trustees may be appointed 
on petition of any person, filed in behalf of such persons, 
whether in being or not, as may by any possibility be or 
become interested in the property, and the trustee or 
trustees, so appointed shall hold and invest the funds so 
received by him or them for the benefit of the persons who 
would have been entitled to said estate, in the same manner 
as if such location, alteration, or discontinuance of such 
highway had not been made, and shall give bond to the 
judge of probate in such form and amount as the court 
shall order. 

Section 3. In all cases mentioned in section one of 
this act the tenant in possession may apply for a jury, as 
is now provided by law in other cases, to revise the judg- 
ment of the county commissioners in the assessment of 
damages within one year from the adoption of the order 
of assessment by the commissioners ; and if such tenant 
shall fail to so apply within the first six months of the year 
so limited, then the trustee or trustees, appointed under 
section two of this act, may, if they shall see fit, apply for 
such jury. 

Section 4. The provisions of this act shall be appli- 
cable to all cases of the exercise of the right of eminent 
domain in which provision is made that the damages sus- 
tained by a land owner shall be assessed in the manner pro- 
vided in the laying out of highways ; but the limitation as 
to the time within which proceedings to recover damages 
shall be commenced shall be the same as now provided by 



1875.— Chapters 118, 119. 681 

law in the various cases of the exercise of the right of 
eminent domain ; and the right of the trustee or trustees, 
named in this act, to petition in any proceeding to re- 
cover damage shall not accrue until the tenant in posses- 
sion of the estate shall have neglected so to petition for 
one-half the period so limited in any case. 

Section 5. This act shall apply to pending cases To apply to 

, ,, , n ,i i pending eases 

whenever the tenant in possession ot the property is a where tenant ia 
party to any proceeding to recover damages, and where celdSKe-" 
no assessment of damages has been made; and the pro- ™ver y of dam. 
ceedings may be amended if necessary on proper terms to 
confirm trusts ; and the trustee or trustees named in this 
act may in such cases be appointed as though proceedings 
have already been taken. 

Section 6. This act shall take effect upon its passage. 

Approved April 10, 1875. 

An Act relating to institutions for the education of the Q/i a/ n. 118 

DEAF AND DUMB, AND OF THE BLIND. -* 

Be it enacted, &c., as follows : 

Such duties with reference to institutions for the instruc- institutions for 

,- -. , -ir»i i l • -i instruction of 

tion of the deaf and dumb and ot the blind, as are now deaf, dumb and 
vested by law in the board of state charities are hereby charge of board 
transferred to and vested in the board of education ; and of education - 
such institutions, when aided by a grant of money from 
the state treasury shall make report to the said last named 
board instead of to the former, as prescribed by chapter 
two hundred and forty-three of the acts of the year one 
thousand eight hundred and sixty-seven. 

Approved April 10, 1875. 

An Act to supply the town of southbridge with pure water. nj iar) 11 g 
Be it enacted, &c, asfolloivs: 

Section 1. The town of Southbridge is hereby author- southbridge to 
ized to supply itself and its inhabitants with pure water to wHh U purewater, 
extinguish tires, generate steam, and for domestic and 
other uses. And may establish public fountains and 
hydrants and regulate their use, and may discontinue the 
same, and may fix and collect rents for the use of said water. 

Section 2. Said town for the purposes aforesaid may May contract 
take and hold the water of any spring or springs, of any QuinTbaug rom 
natural pond or ponds, brook or brooks, within the limits Kiver - 
of said town of Southbridge. And may further contract 
with any corporation or person in said town, for a supply 
of water from the Quinebaug River, by connecting pipes 
13 



682 1875.— Chapter 119. 

with the force-pumps of said corporation or person, and may 
also take and hold all necessary land for raising, holding 
and preserving such water, and conveying the same to any 
and all parts of said town. And may erect thereon proper 
dams, buildings, fixtures and other structures, and make 
May erect dams, excavations therefor. And for that purpose may construct 

lay down pipes, , . 1 J • 1 

etc. and lay down conduits, pipes and drams under or over 

any water-course or railroad, or along any street, highway 
or other way in such manner as not to obstruct the same. 
And for the purpose of constructing, laying down, main- 
taining and repairing such conduits, pipes and drains, 
and for all other proper purposes of this act, may dig up 
any such street, highway or other way ; but all things 
done upon any street, highway or other way shall be sub- 
To file in regis- ; ec t t the direction of the selectmen of said town: pro- 
try, description " ... . . 

of land taken, vided, that within sixty days after the time of taking any 

land or water-sources as aforesaid, said town shall file in 

the registry of deeds for the county of Worcester, a 

description thereof sufficiently accurate for identification, 

with a statement of the purpose for which the land was 

taken. 

Liability for Section 3. Said town shall be liable to pay all dam- 

damages. .-ii • ii 

ages sustained by any person in his property by the taking 

of any land, water, water-sources or water-rights, or by 
the construction of any aqueducts, reservoirs or other 
works for the purposes aforesaid. 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 for 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. 
penalty for cor. Section 4. Whoever wilfully corrupts, pollutes or 

rupting or di- i i • •• 

verting water, diverts any ot the water taken under this act, or injures 
any dam, reservoir, aqueduct, conduit, pipe or other prop- 
erty owned or used by said town, 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 im- 
prisonment not exceeding six months. 
waterLofn Section 5. For the purpose of defraying the cost and 

$5oooo excee ^ expenses whick may be incurred under the provisions of 



1875.— Chapter 120. 683 

this act, said town of Southbridge, through its treasurer 
and countersigned by its auditors of accounts, may issue 
notes, scrip, or certificates of debt to be denominated on 
the face thereof "Southbridge Water Loan," to an amount 
not exceeding fifty thousand dollars, bearing interest not 
exceeding seven per cent, per annum, payable annually, 
the principal shall be payable at periods not more than 
twenty 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, in 
such terms and conditions as it may deem proper. 

Said town is further authorized to make appropriations Town may 

... . i . I make appropri* 

and assess from tune to time, such amounts as may lie ations to pay 
necessary to pay the interest on said loans, together with g"nMngfund. 
an amount not exceeding in any one year, the sum of five 
thousand and not less than one thousand dollars, towards 
payment of the principal of the money so borrowed, 
except the year in which said principal becomes due ; such 
amounts to be held and sacredly pledged for the payment 
of debts contracted under the provisions of this act, and 
used in no other manner. 



Section 0. The rights, powers and privileges hereby Powers may be 

., , • i i i.£C i. l exercised by 

granted may be exercised by such officers, agents and agents. 
servants as said town shall elect or employ, who shall act 
in accordance with the votes of said town. 

Section 7. This act shall take effect upon its passage; ^ c e t ntotake 
but nothing shall be done or any expenditure made, or 
liability incurred under the same except for preliminary 
surveys and estimates until accepted by a vote of two- 
thirds of the legal voters of the town present and voting 
thereon at a legal meeting called for that purpose. 

Approved April 10, 1875. 

An Act to authorize the citt of chelsea and town of revere Q/iap. 120 

TO CONSTRUCT A BRIDGE ACROSS CHELSEA CREEK. ^ 

Be it enacted, &c., as follows : 

Section 1. The city of Chelsea and the town of Revere Bridge across 
may construct and maintain a bridge across Chelsea Creek, from 8 cheisea to 
from a point in the extension of Crescent Avenue in Revel-e - 
Chelsea to a point in the town of Revere northerly from 
and parallel with the line of the Eastern Railroad and 
distant therefrom about one hundred and thirty feet ; 
subject to the provisions of chapter four hundred and 



m 



1875.— Chapters 121, 122. 



Chap. 121 



Amendment to 
1872, 252, § 1. 



Trustees and 
members to 
consist of active 
members of 
supreme coun. 
cil. 



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 10, 1875. 

An Act in addition to an act to incorporate the trustees 

of the scottish kite of freemasonry. 
Be it enacted, &c, as follows : 

Section 1. The first section of chapter two hundred 
and fifty-two of the acts of the year eighteen hundred and 
seventy-two, is amended by inserting the words "asso- 
ciates and" before the word "successors" in said section. 

Section 2. Active members only of the supreme 
council of the ancient and accepted Scottish rite for the 
northern jurisdiction of the United States shall be trustees 
and members of the corporation established under the pro- 
visions of chapter two hundred and fifty-two of the acts of 
the year eighteen hundred and seventy-two, and no such 
trustee shall hire or use any portion of the funds intrusted 
to said trustees, nor shall any such trustee be surety for 
loans thereof; and said trustees shall be subject to the 
duties and liabilities, and shall have the powers and privi- 
leges set forth in the general laws which now are, or here- 
after may be in force applicable to such corporations. 

Section 3. Said corporation shall be located at Boston, 
and either the president, treasurer or secretary thereof 
shall be a resident of this state ; and meetings to make by- 
laws and for the election of said officers shall be held in 
this state ; but special meetings, and meetings for the 
election of officers other than those named in this section, 
may be held in any state where said council may sit. 

Section 4. The third section of chapter two hundred 
and fifty-two of the acts of the year eighteen hundred and 
seventy-two is repealed. 

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

Approved April 10, 1875. 

Chap. 122 An Act concerning the alteration of the limits of fire 

DISTRICTS. 

Be it enacted, &c, as follows: 

Section 1. The forty-seventh section of the twenty- 
fourth chapter of the General Statutes is hereby amended 
by inserting after the word "if" in the third line the 
words " a majority of." 

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

Approved April 14, 1875. 



Corporation to 
be located at 
Boston. 



Repeal of 1872, 
252, § 3. 



Amendment to 
G. S. 24, § 47. 



1875.— Chapters 123, 124, 125, 126. 685 

An Act to amend an act to incorporate the boston safe QJi a p % J23 

DEPOSIT AND TRUST COMPANY. J/ ' 

Be it enacted, &c, as follows : 

Section 1 . The shares of the Boston Safe Deposit and gj£K*J>& 
Trust Company shall be assignable and transferable accord- according to' 

. II t i .> ,i i i i t- • i ii rules made by 

1112; to such rules and regulations as the stockholders shall stockholders. 
for that purpose ordain and establish, and not otherwise. 
Section 2. This act shall take effect upon its passage. 

Approved April 14, 1875. 

An Act to authorize the town of framingham to raise money Q/ ia j) t J24 

FOR A CENTENNIAL CELEBRATION OF THE EVENTS OF THE NINE- -^ ' 
TEENTH DAY OF APRIL SEVENTEEN HUNDRED AND SEVENTY-FIVE. 

Be it enacted, &c, as follows : 

Section 1. The town of Framingham is authorized to May raise 

• i , .. , • . n i money for ceri- 

raise by taxation, or .to appropriate a sum ot money not tenniai ceiebra- 
exceeding the sum of five hundred dollars for the purpose Lexington. 116 ° f 
of commemorating the events of the nineteenth day of 
April seventeen hundred and seventy-five. 

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

Approved April 14, 1875. 

An Act to authorize the south bay company to increase its Qj iar) 225 

CAPITAL STOCK. -* ' 

Be it enacted, &c, as follows : 

Section 1. The South Bay Company may increase its $1,000,000 ad- 
capital stock by an amount not exceeding one million stock! capital 
dollars in addition to the amount heretofore authorized by 
law, to be divided into shares of one hundred dollars each, 
at such times and in such sums as the stockholders may 
determine, subject to the provisions of chapter three hun- 
dred and forty-four of the acts of the year eighteen hundred 
and fifty-three, and of all general laws now or hereafter in 
force applicable to similar corporations. 

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

Approved April 15, 1875. 

An Act to provide for religious instruction in prisons. Chart 126 
Be it enacted, &c, as follows: 

Section 1. No inmate of any prison, jail or house of Prisoners not to 
correction in this Commonwealth shall be denied the free exercise of re- 
exercise of his religious belief and liberty of worshiping e tf.° usbe ' 
God according to the dictates of his conscience, within the 
place where such inmate may be kept or confined ; and it 
shall be the duty of the officers and boards of officers 
having the management and direction of any such institu- 



686 1875.— Chapters 127, 128. 

tions to make such rules and regulations as may be neces- 
sary to carry out the intent and provisions of this act. 
Not to be con- Section 2. Nothing herein contained shall be so con- 

strued so as to ~ m , , 

impair disci- strued as to impair the discipline of any prison so far as 
may be needful for the good government and safe custody 
of its inmates. 

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

Approved April 15, 1875. 

Char). 127 An Act to authorize the town of brookline to supply water 

TO THE CITY OP BOSTON. 

Be it enacted, &c, asfolloivs: 
Biookiine may Section 1. The town of Brookline may from its 

sell water to ., i /• 

Boston. source of supply or from pipes leading therefrom sell to 

the city of Boston such quantity of water, for such time, 
and on such terms as may be agreed on between said city 

Proviso. and said town : provided, that said city shall first signify 

its desire to purchase such water by a vote of its common 
council and board of aldermen, approved by the mayor of 
said city ; and that said town shall first signify its de-ire 
to sell the same by a vote of its inhabitants at a meeting 
duly warned for that purpose. 

be executed to Section 2. The city of Boston by its common council, 

carry votes into an J the town of Brookline at any meeting of its inhabit- 

effect. • 

ants, may each authorize any person to execute in its 

behalf a suitable contract for carrying into effect any votes 

passed under the first section of this act. 

vote confirmed Skction 3. The vote of the said town in relation to 

[ng'waterVom taking water from Charles River, passed on the twenty- 

chanes River. secon( j t ] ;lv f April, in the year eighteen hundred and 

seventy-four, fixing the amount of water to be taken by 

said town from said river at a million and a half gallons a 

day is hereby ratified and confirmed. 

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

Approved April 15, 1875. 

Chap. 128 -^ N A° T TO AUTHORIZE THE TOWN OF WALTHAM TO RAISE MONEY 
FOR A CENTENNIAL CELEBRATION OF THE EVENTS OF THE NINE- 
TEENTH DAY OF APKIL, SEVENTEEN HUNDRED AND SEVENTY-FIVE. 

Be it enacted, &c , as follows : 
May raise Section 1. The town of "Waltham is authorized to 

money for cen- ... . ,. 

tenniai ceiebra. raise by taxation, or to appropriate, a sum of money not 
Lexington. exceeding the sum of one thousand dollars, for the pur- 
pose of commemorating the events of the nineteenth day 
of April seventeen hundred and seventy-five. 

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

Approved April 15, 1875. 



1875.— Chapters 129, 130, 131. 687 

An Act to authorize the town ok wayland to raise money Chap. 129 

BY TAXATION FOR CELEBRATING THE CENTENNIAL ANNIVERSARY 
OF THE BATTLE OF LEXINGTON. 

Be it enacted, &c, as follows: 

Section 1. The town of Wayland is authorized to May raise 

.... . . n i. money for cen- 

raise by taxation, or to appropriate a sum ot money not tenniai ceiebra- 
exceeding one hundred and fifty dollars, for the purpose SjdjJEo.* 1 * °* 
of commemorating the events of the nineteenth day of 
April in the year of our Lord seventeen hundred and 
seventy-five, by a celebration of the centennial anniversary 
thereof, on the nineteenth day of April, eighteen hundred 
and seventy-five. 

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

Approved April 15, 1875. 

An Act to change the name of the haskins machine company. (Jimp. 130 
Be it enacted, &c, asfolloivs : 

The Haskins Machine Company a corporation estab- Name changed. 
lished in the city of Fitchburg shall hereafter be called 
and known as the Haskins Engine Company. 

Approved April 15, 1875. 

An Act to amend the charter of the Plymouth county rail- Q/iap. 131 
road company. 

Be it enacted, &c., as follows : 

Section 1. The Plvmouth County Railroad Company May begin con. 

„ i ■ i . j •j -ii j. c struction when 

may begin to construct its road whenever an amount ot 8t0 ck equal to 
capital stock equal to at least fifteen thousand dollars for fasbceifsub- 6 
each mile of its road has been actually subscribed in good scribed for. 
faith by responsible parties, and twenty per centum of 
the par value of each and every share thereof actually 
paid into its treasury in cash, and whenever a certificate 
setting forth these facts has been filed with the secretary 
of the Commonwealth signed and sworn to by the presi- 
dent and a majority of the directors of said company as 
required by section forty-seven of chapter three hundred and 
seventy-two of the acts of the year eighteen hundred and 
seventy-four : provided, that this act shall be approved by 
a majority in interest of all the stockholders of said cor- 
poration at a meeting duly called for the purpose. 

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

Approved April 15, 1875. 



688 1875.— Chapters 132, 133, 134. 

Chap. 132 An Act to authorize the evangelical congregational society 

IN EAST CAMBRIDGE TO SELL LAND AND OTHER PROPERTY OF 
THE SOCIETY AND TO APPROPRIATE THE PROCEEDS OF THE SALE 
THEREOF. 

Be it enacted, &c, as follows : 
fnlmelS Section 1. The Evangelical Congregational Society 
house - in East Cambridge is hereby authorized to sell at public 

or private sale, as the standing committee of said society 
shall determine, and to convey by deed its land and meet- 
ing-house thereon, situated on the corner of Thorndike 
and Second streets in that part of Cambridge in the county 
Appropriation of Middlesex called East Cambridge, and to appropriate 
sale. the proceeds of said sale, after paying the debts of said 

society, if any, towards the support of public worship in 
said Cambridge or to give the same to the Massachusetts 
Home Missionary Society, as said Evangelical Congre- 
gational Society shall determine by its vote at a public 
meeting duly called for that purpose. 

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

Approved April 15, 1875. 

Chap. 133 An Act to authorize the town of watertown to raise money 

FOR A CENTENNIAL CELEBRATION OF THE BATTLES OF LEXINGTON 
AND CONCORD. 

Be it enacted, &c, as follows : 
May raise Section 1. The town of Watertown is authorized to 

money for cen- . , , 

tenniai ceiebra- raise by taxation a sum of money not exceeding six hun- 
Lexington and drecl dollars for the celebration of the battles of Lexington 
and Concord on their centennial anniversary, April nine- 
teenth, eighteen hundred and seventy-tive. And all the 
acts of the town on and subsequent to March ninth, 
eighteen hundred and seventy-five, including the act of the 
town on April thirteenth, eighteen hundred and seventy- 
five, in relation thereto, are confirmed and ratified, and 
the same shall be deemed good and valid in law to all 
intents and purposes whatsoever. 

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

Approved April 16, 1875. 



Chap. 134 An Act to authorize the town of brookline to 
to pay for the construction of sewers and 



BORROW MONEY 
TO ESTABLISH a 
SINKING FUND. 

Be it enacted, &c, as follows: 
Brookiine may Section 1. The town of Brookline is authorized to 

borrow money _ 

for construction borrow such sums of money as may be necessary tor pay- 
ing for the establishment of a system of sewerage in said 
town, to an amount not exceeding three hundred thousand 



1875.— Chapter 134. 689 

dollars, and to issue notes, bonds or certificates of debt 
therefor, bearing: interest at a rate not exceeding; seven 
per centum per annum, payable semi-annually, the prin- 
cipal to be payable at such times as it may see fit, not 
exceeding twenty years from the date of the issue thereof; 
and said town may sell the same, or any part thereof, at 
public or private sale, on such terms and conditions as 
shall seem to it proper, provided, that exclusive of the Proviso. 
water debt the entire debt of the town contracted or to be 
contracted shall never at any one time exceed five per 
cent, on the last assessors' valuation of the real and per- 
sonal estate in town, preceding the creation of the loan. 

Section 2. Said town shall each year raise by taxation To establish a 
upon the polls and estates in said town, a sum amounting 8in 1Dg 
to three per cent, of the whole amount of its notes, bonds 
and certificates of debt already issued and now outstanding or 
which may hereafter be issued and outstanding at the close 
of each financial year including the water debt, whi«;lj sum 
with the interest and accumulations thereon shall either be 
applied to the payment of its indebtedness maturing within 
said year or shall be set aside to constitute a sinking fund 
for the redemption at maturity of the notes, bonds or 
certificates of debt of said town ; and said sinking fund 
shall be appropriated, held and pledged to the payment and 
redemption of said notes, bonds and certificates of debt and 
shall be used for no other purpose until the same are fully 
redeemed and paid. 

Section 3. There shall be elected by the legal voters commissioners 
of said town, at any meeting of the inhabitants of said eiecTJd. ° 
town, duly notified and warned for such purpose, three 
commissioners of said fund, one of whom shall hold office 
until the annual town meeting in the year eighteen hun- 
dred and seventy-six ; one until the annual town meeting 
in the year eighteen hundred and sevent}^-scven, and one 
until the annual town meeting in the year eighteen hundred 
and seventy-eight, and each respectively until his successor 
is elected ; and annually after said first election there shall 
be chosen by the inhabitants of said town at its annual 
meeting one commissioner for the term of three years. 
Said commissioners shall annually at their first meeting Treasurer of 
after their election choose one of their number as treasurer fund ' 
who shall give a bond to the town of Brookline, for the 
faithful discharge of his duties, in such sum and with such 
sureties as shall be required by the board of selectmen of 

14 



690 



1875.— Chapter 134. 



Investment of 
fund. 



Signatures of all 
the commission- 
ers to be affixed 
to instruments, 
to bind the 
town. 



Compensation 
of treasurer. 



Moneys hereto- 
fore raised for 
sinking fund, to 
be paid over to 
commissioners. 



"When to take 
effect. 



said town. In case of the death, resignation, or incapacity 
to act of either of said commissioners, before the expira- 
tion of the term for which he was chosen, the selectmen 
shall appoint some suitable person to till the vacancy until 
the next annual meeting, and until the election of a succes- 
sor in the manner herein provided, and the person so 
appointed shall have all the powers and be subject to all 
the liabilities, that he would have and be if elected. The 
board of commissioners aforesaid shall invest the said 
sinking fund in the bonds of the United States, of any of 
the New England states, and of the counties, cities or 
towns of this Commonwealth, and in loans secured by first 
mortgage of real estate, in the counties of Norfolk or 
Suffolk, and they may sell, transfer and re-invest the stock 
and securities belonging to said sinking fund. 

Section 4. The signatures of all said commissioners 
must be affixed to any instruments to bind them, or said 
town. They shall keep a record of their proceedings ; 
and shall annually in the month of February, make a 
written report to the said town of the amount and con- 
dition of said fund and the income thereof for the year. 
Their record and the securities belonging to said fund shall 
at all times be open to the inspection of the selectmen or 
any committee of said town duly authorized for that pur- 
pose. The necessary expenses of said commissioners shall 
be paid by said town ; the treasurer of the board shall 
receive such compensation as shall be fixed by said town ; 
but no other member of the board shall receive compensa- 
tion for his services. 

Section 5. All moneys heretofore appropriated and 
assessed by said town for the purpose of creating a sinking 
fund, with the accrued interest thereon, shall be paid over 
to the aforesaid board of commissioners to be held and 
applied by them in the manner and for the purposes herein 
provided for. 

Section 6. This act shall take effect upon its passage 
so far as it authorizes the inhabitants of said town to hold 
a meeting and vote upon its acceptance; and for all other 
purposes, when accepted by a majority of the legal voters 
of said town at a town meeting which may be duly called 
and held previous to the first day of June next, for the 
purpose of accepting or rejecting the same. 

Ax>proved April 17, 1875. 



1875.— Chapters 135, 136. .691 

An Act making appropriations to meet certain expenditures (JJ t ap. 135 

AUTHORIZED THE PRESENT YEAR AND FOR OTHER PURPOSES. 

Be it enacted, &c., as follows : 

Section 1. The sums hereinafter mentioned are appro- Appropriations. 
priated to be paid from the ordinary revenue, unless other- 
wise ordered, for the purposes specified herein, to wit : — 

Fur expenses incurred under authority of chapter state detective 
fifteen of the acts of the present year, entitled, "An act 
to establish a state detective force for the better enforce- 
ment of the laws," a sum not exceeding thirty-eight 
thousand five hundred dollars, viz. : for the salary of the 
chief, two thousand dollars ; for the salaries of the detect- 
ives, thirty thousand dollars ; for travelling expenses of 
detectives, three thousand five hundred dollars ; and for 
incidental and contingent expenses, three thousand dollars. 

For expenses incurred under authoritv of chapter three census and 

hii i-ii • i> ,i j i'"ii • i i industrial statis- 

undred and eighty- six of the acts ot the year eighteen tics. 

hundred and seventy-four, entitled "An act to provide for 
taking the industrial statistics and decennial census of the 
Commonwealth," a sum not exceeding seventy thousand 
dollars. 

For the payment of interest on capital furnished by the Liquor commis- 
state liquor commissioner in eighteen hundred and seventy- 
two, the sum of tw T o hundred sixty-two dollars and fifty 
cents. 

The appropriation made in eighteen hundred and Commission re. 
/. 1 i l 7 • • i»tmg to tax- 

seventy-tour, under the resolve ot that year authorizing ation. 

the appointment of a commission to inquire into the 

expediency of revising and amending the laws of the state 

relating to taxation and the exemptions therefrom," is 

hereby made applicable to compensation of and expenses 

incurred by said commission. 

For expenses incurred in the construction and repair of ^ d8 m Mash " 
roads in the town of Mashpee during the year eighteen 
hundred and seventy-four ; three. hundred dollars. 

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

Approved April 17, 1875. 

An Act relating to coasting, to the passage of vehicles Q/ian. 136 

OVER STREETS IN CITIES AND TOWNS, AND TO ITINERANT MUSICIANS. 

Be it enacted, &c , as follows : 

Section 1. The mayor and aldermen of any city, and ^JJb,^ 
the selectmen of any town, may make such rules and lations relating 

, .. . . . v , ' J ,. . to carnages, 

regulations in relation to the passage ot carriages, wagons, coasting etc. 
carts, trucks, sleds, sleighs, horse-cars, or other vehicles, 



692. 



1875.— Chapters 137, 138. 



or to the use of sleds or other vehicles for coasting in and 
through the streets or public ways of such city or town, 
as they shall deem necessary for the public safety or con- 
venience, with penalties for violation thereof, not exceed- 
ing twenty dollars for one offence. 
cities may regu- Section 2. The mayor and aldermen of any city may 

late and control i .l 1 t i j_ • • j_ -ai it i e 

itinerant mu- adopt rules and orders not inconsistent with the Jaws ot 
sicians. ^j 1 j s Commonwealth for the regulation and control of 

persons who shall, after the passage of this act, frequent 
the streets and public places in such city, playing on 
hand-organs or other musical instruments, beating drums, 
blowing trumpets, or coasting with sleds or other vehicles, 
with penalties for the violation thereof, not exceeding 
twenty dollars for each offence. 

Section 3. Chapter three hundred and one of the acts 
of the year eighteen hundred and sixty-nine is hereby 
repealed. 

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

Approved April 17, 1875. 



Repeal of 1869, 
301. 



Chart. 137 -^ N -^ CT T0 INCREASE THE salary of the sheriff of the countt 

-* ' OF BRISTOL. 

Be it enacted, &c, as follows : 

Section 1. From the first day of January of the 
present year, the sheriff' of the county of Bristol shall 
receive in quarterly payments, an annual salary of fifteen 
hundred dollars. 

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

Approved April 17, 1875. 



Salary fixed at 
$1,500 a year. 



Chan 138 ^ N -^ CT TO incorporate the west Springfield aqueduct 

"* COMPANY. 



Corporators. 



Name and 
purpose. 



Be it enacted, &c, as follows: 

Section 1. William Birnie, Charles L. Goodhue, their 
associates and successors, are made a corporation under 
the name of the West Springfield Aqueduct Company, for 
the purpose of supplying the town of West Springfield 
with pure water, and for that purpose may take and hold 
the waters of any spring or springs, or any natural pond 
or streams within the said town of West Springfield, 
(except the waters of the Agawam River, which may be 
taken for the purpose of extinguishing fires only,) and 
may also take and hold the waters of Leonard's Brook, in 
the town of Agawam, and may build and maintain dams, 
reservoirs, aqueducts and other necessary or suitable 



1875.— Chapter 138. 693 

works for storing and distributing the waters so taken, 
and may take such lands as may be necessary therefor, 
and such other lands about the margin of such reservoirs, 
ponds and streams as may be necessary to preserve the 
purity of the waters thereof: provided, however, that no Proviso. 
land, water or water-rights shall be taken or entered 
upon, except for the purpose of making surveys until all 
damages are satisfied, or security given to the satisfaction 
of the county commissioners for the payment of all dam- 
ages agreed upon by the parties, or all damages and costs 
awarded by the county commissioners, or a jury, for the 
land or propert}^ taken. 

Section 2. Said corporation shall, within sixty days To file in regis. 
after the taking of any land under this act, file in the regis- dMcripUon 8 of 
try of deeds of the county of Hampden, a description of any th0 landtaken - 
laud so taken sufficiently 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 any of his property by any of the acts 
of said corporation, and failing to agree with said corpo- 
ration as to the amount of damages, may have them assessed 
and determined in the manner provided when land is taken 
for highways. 

Section 3. Said corporation, for the purposes afore- May distribute 
said, may distribute its waters throughout the town of l\uita,'-pipoa°eu-. 
West Springfield, and for this purpose may convey its 
pipes, drains and conduits over or under any water-course, 
street, railroad or highway or public place, in such a man- 
ner as not unnecessarily 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, and for the purpose of setting 
and maintaining its hydrants in such manner as to cause 
the least hindrance to travel thereon, and in general may 
do any other acts and things necessary and proper for 
carrying out the provisions of this act. 

Section 4. Said corporation may establish rates for May establish 
the use of said water, and may collect the same by suit or wate 8 r for U8e ° f 
otherwise, and it may also contract with said town of West 
Springfield to supply it with water for its public buildings, 
for fire purposes and for such other uses as said town may 
deem expedient, upon such terms as may be agreed upon 
by said town and corporation. 

Section 5. Said corporation may, for the purposes 



694 1875.— Chapter 138. 

Real and per- aforesaid, hold real and personal estate not exceeding in 

sonal estate. . . lin • 1 -it 1 -i 

amount sixty thousand dollars in value, and the whole 
capital stock capital stock shall not exceed seventy-five thousand dol- 
and shares. \ Ars , to be divided into shares of one hundred dollars each, 
ruptinjor* r cor " Section 6. Whoever takes without right, or whoever 
diverting water, wilfully or maliciously corrupts, pollutes or diverts any of 
the waters taken under this act, or injures any dam, 
reservoir, aqueduct, conduit, pipes or hydrants, or other 
property owned or used by said corporation for the pur- 
poses 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 conviction of 
either of the malicious acts aforesaid may be punished by 
a fine not exceeding one hundred dollars, or by imprison- 
ment not exceeding six months. 
p^opertyTf^r! Section 7. The town of West Springfield may, at 
poration by a any time, by a vote of two-thirds of the legal voters 

two-thirds vote. ^ i j • 1 /• 1 1 • 1 1 -i /» 1 

present and voting theretor at a legal meeting held for the 
purpose, take by purchase or otherwise, the franchise of 
said corporation, and all its corporate property, at such 
prices as may be agreed upon between the parties, and in 
case the parties cannot agree upon the price to be paid 
therefor, the supreme judicial court, or any justice thereof 
in term time or vacation, shall appoint three commis- 
sioners, who, after due notice given to said town and said 
corporation, shall determine and award what sum said 
town shall pay for said franchise and its corporate property, 
which award shall be final. 
fekfwit'er ng " Section 8. For the purposes of defraying the costs of 

bonds, not ex. such franchise and corporate property as may be taken or 

ceeding $75,000. . , . . L V • i *i * c w 4. 

purchased tor the purposes aforesaid, the town ot West 
Springfield shall have authority to issue, from time to time, 
notes, bonds or certificates of indebtedness, to be denomi- 
nated " West Springfield Water Bonds," to an amount not 
exceeding seventy -five thousand dollars, bearing interest 
payable semi-annually, the principal to be payable within 
twenty years from the date of said bonds and the said 
town may sell such bonds at private sale or public auction, 
upon such terms and in such amounts as it shall deem 
expedient. Said town is also authorized to raise by tax- 
ation such sums as may be necessary for the payment of 
such part of the interest upon said bonds, and of the prin- 
cipal thereof as the same shall become due, as shall not be 
paid out of the rents and income received for the use and 



1875.— Chapter 139. 695 

sale of the water and other property taken or purchased 
under this act. 

Section 9. In case the town of West Springfield shall J^ e n rg t0 J^ ve 
take or purchase the property, rights and privileges of the duties of corpo- 

. t x •/ 7 o jl o ration if prop- 

corporation hereby established, said town shall exercise, ertyistaken. 
by such officers and agents as it may appoint, all the 
rights, powers and authority, and be subject to all the 
restrictions, duties and liabilities herein before contained. 

Section 10. No claim for damages for the taking of Damages. 
water under this act shall be made until the same is 
diverted from its natural course. 

Section 11. This act shall take effect upon its pas- when to take 
sage, and shall become void unless the work is completed 
within one year. Approved April 17, 1875. 

An Act to incorporate the naiiant land company. Chap. 139 

Be it enacted, &c, as folloivs : 

Section 1. Samuel E. Sewall, trustee 'under the will corporators. 
of Frederic Tudor, deceased, Frederic Tudor and Henry 
Tudor, their associates and successors, are made a corpo- 
ration for the term of fifteen years, from the date of the 
passage of this act, by the name of the Nahant Land Com- Name and pur. 
pany, with all the powers and privileges and subject to all powers and 
the duties, liabilities and restrictions set forth in general dulies - 
laws which now are or may be in force relative to such 
corporations and with power to purchase and hold in fee 
simple all or any part of the lands in Nahant, in Essex 
County, which were owned by Frederic Tudor, late of 
Boston, in Suffolk County, deceased, at the time of his 
death, and such contiguous lands as said corporation may 
purchase from time to time, not exceeding ten acres in all, 
in addition to the lands which were owned by said Frederic 
Tudor. 

Section 2. The said corporation shall have power to May sen or 

1,1 , i .• . . -i. n .. , lease property, 

sell, lease, mortgage and otherwise dispose of its corporate bui id dwelling- 
property and any parts thereof; and to improve the same, houses ' etc - 
to erect dwelling-houses and other buildings thereon, to 
lay out streets and passage-ways through the same, and 
otherwise improve the same as they may think expedient. 

Section 3. The capital stock of the said corporation Capital stock 
shall not exceed two hundred and fifty thousand dollars, 
divided into shares of one hundred dollars each. 

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

Approved April 17, 1875. 



696 



1875.— Chapter 140. 



City of New 
Bedford. 



Mayor, six 
aldermen, and 
twenty-four 
common coun- 
cilmen. 



Chap. 140 An Act to revise and amend the charter of the city of new 

BEDFORD. 

Be it enacted, &c., as follows : 

Section 1. The inhabitants of the city of New Bed- 
ford, shall continue to be a body politic and corporate 
under the name of the city of Mew Bedford ; and shall 
have, exercise, and enjoy all the rights, immunities, 
powers and privileges, and be subject to all the duties and 
obligations provided for herein, or otherwise appertaining 
to said city as a municipal corporation. 

Section 2. The administration of all the fiscal, pru- 
dential, and municipal affairs of said city, with the govern- 
ment thereof, shall be vested in one officer, to be styled 
the mayor; one council of six, to be called the board of 
aldermen ; one council of twenty-four, to be styled the 
common council ; which boards, in their joint capacity, 
shall be denominated the city council ; and the members 
thereof shall be sworn to the faithful performance of the 
duties of their respective offices. A majority of each 
board shall constitute a quorum for doing business, and 
no member of either board shall receive any compensation 
for his services. JThe powers conferred by law upon the 
city council, composed as provided in this section, shall be 
exercised by concurrent vote, each board having a nega- 
tive upon the other, except in cases where for the choice 
of municipal officers, it shall be provided that the two 
boards shall act in convention. 

Section 3. The number of wards shall be six, and the 
existing division of the city into six wards, shall continue 
until a new division be made according to law. 

Section 4. The municipal year shall begin on the first 

Monday in January. 

warrants for Section 5. All warrants for meetings of the citizens 

issued by board for municipal purposes, to be held either in wards or in 

of aldermen. g eneni j meetings, and also for any and all elections, shall 

be issued by the board of aldermen, and shall be in such 

form, and shall be served and returned in such manner, 

and at such times, as the laws and ordinances may direct. 

Section 6. The mayor shall be a resident of the city, 

and a voter thereof, and shall be elected by the qualified 

voters of the city at large, voting in their respective wards, 

and he shall hold his office for the municipal year next 

following his election, and until another shall be elected 

and qualified. 



Six wards. 



Municipal year. 



Mayor to be a 
resident of the 
city. 



1875.— Chapter 140. 697 

Section 7. Six aldermen, one from each ward, and a one alderman 

,,,,,-,. .i ,i from each ward. 

voter therein, shall be elected in the same manner as the 
mayor, and each alderman shall hold his office for the 
municipal year next following his election, and until a 
majority of the new board shall be elected and qualified. 

Section 8. Four members of the common" council shall ^ u ra ^f r e r m 
be elected from, and by the voters of each ward, who shall, each ward. 
at the time of their election, be residents of the wards, 
respectively, in which they are elected. They shall hold 
their offices for the municipal year next following their 
election, and until a majority of the new board shall be 
elected and qualified. 

Section 9. On the first Tuesday in December, annu- warden, clerk, 
ally, there shall be chosen by ballot in each of said wards, of elections?" 
a warden, clerk, and three inspectors of elections, who 
shall be different persons, residents of the ward in which 
they are chosen, and who shall hold their office for the 
municipal year next following their election, and until 
others shall have been elected and qualified in their stead. 

It shall be the duty of said wardens to preside at all 
ward meetings, with the powers of moderators of town 
meetings ; and if at any meeting the warden shall not be 
present, the clerk of said ward shall call the meeting to 
order and preside until a warden pro tempore shall be 
chosen by ballot ; and if at any meeting the clerk shall not 
be present, a clerk pro tempore shall be chosen by ballot ; 
and if both the warden and clerk shall be absent, the 
senior in age of the inspectors of election of said ward 
present may preside until a warden pro tempore shall be 
chosen as aforesaid ; and in case of the absence of all said 
officers, the constable who returns the warrant to said 
ward meeting may call the meeting to order, and preside 
until a warden pro tempore shall be chosen by ballot ; and 
whenever any ward officer shall be absent, or shall neglect 
to perform the duties of his office, his office shall be filled 
pro tempore by ballot. 

The clerk shall record all the proceedings and certify r>utie*ofcierk. 
the votes in a book to be provided by the city for such 
purposes, and deliver to his successor in office all such 
books and records, together with all other documents, 
papers and things held by him in said capacity ; and shall, 
within forty-eight hours after the election of any person to 
a ward office, deliver to each person so elected a certifi- 

15 



698 



1875.— Chapter 140. 



Duties of in- 
spectors. 



Annual election 
of municipal 
officers. 



Clerk to give 
certificate of 
election to 
councilmen. 



City clerk to 
enter copies of 
ward records 
upon journal of 
aldermen. 



cate of his election, signed by the warden, clerk, and a 
majority of the inspectors of elections. 

It shall be the duty of the inspectors of election to 
assist the warden in receiving, assorting, and counting the 
votes. 

The warden, clerk and inspectors so chosen, shall 
respectively make oath or affirmation; faithfully and im- 
partially to perform their several duties, which oath or 
affirmation may be administered by the city clerk, to the 
warden, and by the warden to the clerk and inspectors, or 
by any justice of the peace for the county of Bristol ; and 
certificates of such oaths or affirmations shall be entered 
on the record of the ward by the clerk. 

Section 10. At the election of mayor, aldermen, 
common councilmen, and ward officers, held on the first 
Tuesday in December, annually, the qualified voters of 
said city shall meet within the wards in which they are 
entitled to vote, at such hour and place as the board of 
aldermen may by their warrants, direct, and give in their 
ballots for mayor, aldermen, common councilmen, and 
ward officers, in accordance with the provision of this act; 
and all ballots so given shall be assorted, counted, de- 
clared and recorded in open ward meeting ; and the names 
of all persons receiving ballots, and the number of ballots 
given for each person, and the title of the office for which 
he is proposed, shall be written in the ward records in 
words at length, and a transcript of such record, certified 
by the warden, clerk, and a majority of the inspectors of 
elections for each ward, shall forthwith be transmitted or 
delivered by such ward clerk to the clerk of the city ; and 
if the choice of common councilmen or ward officers shall 
not be effected on that day in any ward by reason of two 
or more persons receiving the same number of ballots for 
the same office, the meeting in such ward shall be ad- 
journed from time to time to complete such election. 

Section 11. The clerk of each ward, within forty-eight 
hours after such election, shall deliver to each person 
elected common councilman in that ward, a certificate of 
his election, certified by the warden, clerk, and a majority 
of the inspectors of elections. 

Section 12. It shall be the duty of the city clerk 
forthwith to enter the copies of the records of the several 
wards received from the ward clerks, certified as aforesaid, 
or a plain and intelligible abstract of them, upon the 



1875.— Chapter 140. 699 

journal of the board of aldermen, or upon some book kept 
for that purpose. 

Section 13. The board of aldermen, within four days Board of aider- 
after each election, shall examine the copies of the records mayor ottil 
of the several wards, and shall cause the person that shall election - 
have been elected mayor to be notified in writing of his 
election. But if it shall appear by said records that no 
person has been elected, or if the person elected shall 
refuse to accept the office, said board shall issue warrants 
for a new election to take place as soon as the ordinances 
of the city will allow, and the same proceedings shall be 
had in all respects as are herein before provided for the 
choice of mayor, and from time to time repeated until a 
mayor shall be chosen and shall accept said office. 

If it shall appear that the whole number of aldermen 
have not been elected, or any alderman elect shall refuse 
to accept the office, the same proceedings shall be had as 
are herein provided in regard to the office of mayor. 

Section 14. In case of the decease, absence or resig- Vacancy in 
nation of the mayor, or of his inability to perform the mayor. 
duties of his office, or in case of a vacancy in the office of 
mayor from any other cause, the board of aldermen and 
the common council shall respectively, by vote, declare 
that a vacancy exists in said office, and the cause thereof; 
whereupon the two boards shall meet in convention and 
elect a mayor to till such vacancy ; and the mayor thus 
elected shall hold his office until the inability causing such 
vacancy shall be removed, or until a new election. 

It shall be competent for the board of aldermen to order 
and call a meeting of the city council for the purposes set 
forth in this section, and the members shall be notified in 
the game manner as may be provided for calling such 
meetings by order of the mayor. 

Section 15. The board of aldermen, after examination Board of aider- 
as provided in section thirteen of this act, shall cause each "aernLmo/ 
person, that shall have been elected alderman, to be notified electlon - 
in writing of his election. 

Section 16. The aldermen and common council elect Mayor to be 

i ii ,i /-. . -»» n ,. T , i i . ,i sworn, in con- 

Shall, on the first Monday ot January, at ten o clock in the ventionoftne 

forenoon, meet in their respective rooms : and the board 

of aldermen shall be called to order by the mayor-elect, 

or, in his absence, by the senior member present, and the 

common councilmen shall be called to order by the senior 

member present, and on the appearance of a quorum of 



700 



1875.— Chapter 140. 



Organization of 
common coun- 
cil. 



President to be 
member of 
school com. 
mittee. 
When mayor 
baa not been 
elected. 



When mayor is 
absent. 



each board, notice shall be communicated to the other of 
that fact, and the two branches shall then forthwith meet 
in convention, when the oath or affirmation requisite by 
this act shall be administered to the mayor-elect by the 
city clerk, or by any justice of the peace for the county of 
Bristol, and to the members of the two boards by the 
mayor, city clerk or any justice as aforesaid ; and a cer- 
tificate setting forth that such oath has been taken shall be 
entered in the journals of the board of aldermen and of the 
common council by their respective clerks. 

After the organization of the city government as afore- 
said the two branches shall separate. 

Section 17. The persons chosen and qualified as mem- 
bers of the common council, shall meet and act together as 
a separate body, distinct from that of the board of alder- 
men, except in those cases in which the two bodies meet 
in convention ; and the said council shall organize by 
making choice of one of its own members as president, and 
by choosing by ballot a clerk, who shall be sworn to the 
faithful discharge of the duties of his office, both president 
and clerk to hold their respective offices during the pleasure 
of the common council. 

It shall be the duty of the clerk to attend all meetings 
of said council, to keep a journal of its acts, votes, and 
proceedings, and to perform such other duties in said 
capacity as may be required of him, and he shall receive 
such compensation fur his services as the city council may 
determine. A vacancy in the office of clerk of the common 
council may be filled by a new election, and in the absence 
of that officer a clerk pro tempore may be chosen. 

The president of the common council shall be ex officio 
a member of the school committee of the city. 

Section 18. Whenever it shall appear that a mayor 
has not been elected previously to the first Monday of 
January, the mayor and aldermen for the time being shall 
make a record of that fact, an attested copy of which shall 
be read at the opening of the convention to be held on 
said first Monday of January. 

In case of the absence of the mayor-elect on the first 
Monday of January, or if the mayor shall not then have 
been elected, the city council shall organize itself in the 
manner herein before provided, and may proceed to busi- 
ness in the same manner as if the mayor were present, 
and the oath of office may at any time thereafter, in con- 



1875.— Chapter 140. 701 

vention of the two branches, be administered to the mayor, 
and to any member of the city council who may have been 
absent at the organization. 

In the absence of the mayor, the board of aldermen shall 
choose a presiding officer pro tempore, who shall also pre- 
side at joint meetings of the two boards, but the member 
thus chosen to preside shall retain his right to vote upon 
all questions which may be presented to the board or to 
the convention of the two branches. 

Section 19. Each board shall keep a record of its Each board to 

-,. i«i /. ,i ii- i>-i keep record of 

own proceedings, and judge or the elections ot its own its own pro- 
members. ceediDgs - 

Section 20. Whenever it shall appear to the board of v a a c r a d n of aider. 
aldermen that there is a vacancy, by removal from the men °. r , common 

council, 

city, or by death, resignation, or any other cause, in the 
board of aldermen or common council, it shall be the duty 
of the board of aldermen to cause a warrant to be issued 
in due form to till all such vacancies in either of said 
boards, and the same proceedings shall be had, and ad- 
journments, if necessary, as are herein before prescribed 
for the annual meeting for the election of aldermen and 
common councilmen ; and every person elected to till a 
vacancy shall be sworn to the faithful discharge of the 
duties of his office, and may serve for the unexpired term 
for which the member whose place he rills was to have 
held office. But in case of a vacancy in the common 
council, such warrant shall not be issued until the board 
of aldermen receive notice thereof from said council. 

Section 21. The mayor shall be the chief executive Mayor to be 
officer of the city. It shall be his duty to be vigilant and officer oftne Ve 
active in causing the laws of the state, and the ordinances, Clty ' 
orders and regulations of the city, to be duly executed and 
enforced, and to exercise a general supervision over the 
official conduct and acts of all subordinate officers, and to 
examine into all complaints preferred against them for a 
violation or neglect of duty, and as far as may be in his 
power, to cause all negligence, carelessness, and violation 
of duty to be duly prosecuted and punished. 

Whenever in his opinion the public good may require, May remove 
the mayor may remove any officer appointed by the mayor ° cers ' 
and aldermen, or chosen upon his nomination by the city 
council in convention, and the fact of such removal, shall 
be communicated to the board of aldermen or both branches 
of the city council, as the case may require. 



702 



1875.— Chapter 140. 



May call meet- 
ings of aldermen 
or council. 



To preside in 
convention. 



Member of 
school com- 
mittee. 

Salary of 
mayor. 



Sittings to be 
public except 
engaged in 
executive busi- 
ness. 



Ordinances, 
orders, etc., to 
be presented to 
mayor for ap- 
proval. 



Veto power of 
mayor. 



The mayor may call meetings of the board of aldermen 
and common council, or either of said boards, whenever in 
his judgment the interests of the city may require it, by 
causing written notices to be left at the place of residence 
of each member of the board or boards to be convened, or 
delivered to them in person, although the meeting of said 
boards or either of them may stand adjourned to a more 
distant day. 

He shall from time to time communicate to both 
branches of the city council such information, and recom- 
mend such measures as in his opinion the interests of the 
city may require. 

The mayor, when present, shall preside in the board of 
aldermen, and in convention of the two branches of the 
city council, but shall have no vote. He shall be ex officio 
a member of the school committee and the chairman of 
that body. 

Section 22. The salaiy of the mayor shall be deter- 
mined by the city council, and shall not exceed fifteen 
hundred dollars per year; but it shall not be changed 
during the year for which he is chosen. He shall receive 
no other compensation. 

Section 23. All sittings of the mayor and aldermen, 
of the common council, and of the city council in conven- 
tion, shall be public, when they are not engaged in 
executive business. 

Section 24. Every ordinance, order, resolution or 
vote, to which the concurrence of the board of aldermen 
and of the common council may be necessary, except on a 
question of a convention of the two branches, and every 
order of either branch involving the expenditure of money, 
shall be presented to the mayor: if he approve thereof he 
shall signify his approbation by signing the same; but if 
not, he shall return the same, with his objections to the 
branch in which it originated, upon the records of which 
body the objections of the mayor shall be entered in full, 
after which said branch shall proceed to reconsider said 
ordinance, order, resolution or vote : and if after such 
reconsideration two-thirds of the board of aldermen or 
common council present and voting thereon, notwithstand- 
ing such objections, agree to pass the same, it shall, 
together with said objections, be sent to the other branch 
of the city council, if it originally required concurrent 
action, when it shall also be reconsidered, and if approved 



1875.— Chapter 140. 703 

by two-thirds of the members present and voting, it shall 
be in force ; but in all cases the vote shall be determined 
by yeas and nays. 

If any such ordinance, order, resolution or vote shall 
not be returned by the mayor within five days (Sundays 
excepted) after it shall have been presented to him the 
same shall be in force. 

But the veto power of the mayor shall not extend to the 
election of officers required by any law or ordinance to be 
chosen by the city council in convention, or by concurrent 
action. 

In all cases where anything is or may be required or 
authorized by any law or ordinance to be done by the 
mayor and aldermen, the board of aldermen shall first act 
thereon : and any order, resolution or vote of said board 
shall be presented to the mayor for his approval, in the 
manner provided in this section. 

Section 25. The executive power of said city gener- Executive 
ally, together with the administration of the police and all mayoTancf m 
the power vested in the selectmen of towns by the laws of aldt;rmen - 
the Commonwealth, shall be, and hereby are vested in 
the mayor and aldermen as fully as if the same were herein 
specially enumerated. 

The mayor and aldermen of said city shall be surveyors surveyors of 
of highways. highways. 

Section 26. The mayor and aldermen shall have full constables and 
and exclusive power to appoint a constable or constables, 
a city marshal or chief of police, with all the powers and 
duties of a constable, and such number of other police 
officers, with or without the power of serving civil process, 
as they shall deem expedient ; and the same may be re- 
moved by the mayor ; but no person shall be appointed to 
either of the offices named in this section, nor to any office 
to which appointments are directed to be made by the 
mayor and aldermen unless he shall have/been nominated 
by the mayor. 

The mayor and aldermen shall, unless the city council, compensation. 
by ordinance otherwise determine, fix the compensation of 
all the police officers to be appointed by them as set forth 
herein. 

The mayor and aldermen may require any person who May be required 
may be elected or appointed city marshal, police officer or toglve hotids ' 
constable of the city, to give bonds for the faithful dis- 
charge of the duties of his office, with such security and 



704 



1875.— Chapter 140. 



City clerk to be 
elected in con- 
vention. 



To be sworn. 



To be clerk of 
board of alder- 
men. 



City clerk pro 
tempore. 



City treasurer 
and collector of 
taxes. 



to such an amount as they may deem reasonable and 
proper, upon which bonds the like proceedings and reme- 
dies may be had as are by law provided in the case of 
constables' bonds taken by the selectmen of towns. 

Section 27. In the month of April, annually, there 
shall be elected by the city council in convention a city 
clerk, who shall hold his office, unless sooner removed by 
the city council, for one year, and until another shall be 
elected and qualified in his stead. 

The city clerk shall be sworn to the faithful discharge 
of the duties of his office. He shall have charge of all the 
journals, records, papers and documents of the city, sign 
all warrants issued by the mayor and aldermen, and do 
such other acts in his said capacity as the board of alder- 
men or the city council may lawfully and reasonably require 
of him, or which may be incumbent on him by law. 

He shall deliver over all journals, records, papers, docu- 
ments and other things intrusted to him as city clerk, to 
his successor in office, immediately upon such successor 
being chosen and qualified as aforesaid, or whenever he 
may thereunto be required by the city council. 

The city clerk shall be clerk of the board of aldermen ; 
it shall be his duty to attend said board when in session, 
and keep a journal of its acts, votes and proceedings ; also 
of the city council when in convention. He shall engross 
all the ordinances passed by the city council in a book 
provided for that purpose, with proper indexes, which 
book shall be deemed a public record of such ordinances. 
In case of the temporary absence of the city clerk, the 
mayor, with the advice and consent of the board of alder- 
men, may appoint a city clerk pro tempore. 

Section 28. During the same month, and in the same 
manner as provided for the choice of city clerk, there shall 
be chosen a city treasurer, who shall be collector of taxes, 
who shall be sworn to the faithful discbarge of his duties, 
and who shall give bonds for such sum and with such 
sureties as the city council may by ordinance determine. 

He shall hold his office for one year, and until another 
shall be chosen and qualified ; and it shall be competent 
for the council, in said ordinance, to provide that any 
bond which may be given by the person chosen treasurer 
of the city may be so prepared that it will remain in force 
and virtue for any number of years more than one, with 



1875.— Chapter 140. 705 

the consent of the mayor and aldermen, should the person 
giving the same be re-elected to said office. 

Section 29. During the same month, and in the same city auditor. 
manner as provided for the choice of city clerk and treas- 
urer and collector, there shall be chosen a city auditor, 
who shall be sworn to the faithful discharge of the duties 
of his office. 

The duties of the city auditor may be prescribed in the 
ordinances of the city, and he shall hold the office for one 
year, and until another shall be elected and qualified in 
his stead. 

Section 30. In the month of February in the year Assessors of 

taxes 

eighteen hundred and seventy-six, there shall be chosen 
by the city council in convention three persons to be 
assessors of taxes, one of said persons to be chosen for 
one year, one for two years, and one for three years ; 
and annually thereafter in the month of February there 
shall be chosen in like manner one person to be an assessor 
for three years, and the persons thus chosen shall consti- 
tute the board of assessors for the city ; and they shall 
perform such duties as may be required of them under any 
ordinances of the city in addition to their duties under the 
laws of the Commonwealth. 

Section 31. In the month of March annually, there Assistant 
shall be elected by the city council in convention, on the a88esBor 
nomination of the board of assessors one person for each 
ward, who shall be a resident of said ward, to be an assistant 
assessor, who shall hold his office for one year, and until 
another is chosen in his stead ; and it shall be the duty of 
the persons so chosen to furnish the assessors with all such 
information as they may require, relative to the persons 
and property taxable in their respective wards, and do all 
other duties incumbent on them by law or by the ordi- 
nances of said city. 

Section 32. In the month of March, in the year Overseers of the 
eighteen hundred and seventy-six, there shall be chosen p ' 
by the city council in convention six persons to be over- 
seers of the poor, two of said persons to be chosen for 
one year, two for two years, and two for three years, and 
annually thereafter in the month of March there shall be 
chosen in like manner two persons to be overseers of the 
poor for three years, and the persons thus chosen shall, 
with the mayor of the city, who shall be chairman of the 
board, and the president of the common council, together 

13 



706 



1875.— Chapter 140. 



School com- 
mittee. 



Meetings may 
be adjourned 
until elections 
are completed. 



Certain officers 
to be elected as 
prescribed by 
city by-laws. 



Removal of 
officers elected 
by council. 



Powers vested 
in city council. 



constitute the board of overseers of the poor, and shall 
have all the powers and be subject to all the duties and 
responsibilities by law appertaining to overseers of the 
poor in towns, and shall perform such further duties as 
may devolve upon them under the provisions of any 
ordinance of the city. 

Section 33. At the annual meeting in December, there 
shall be elected in each ward one person to be a member 
of the school committee, who shall hold the office for the 
term of three years ; and the persons thus chosen shall, 
with the others holding said office in accordance with the 
laws, constitute the school committee of the city. 

Section 34. In case it should be found inconvenient 
or not advisable to complete the election in any ward of 
the school committee, on the day of the annual ward meet- 
ing, said meeting may be adjourned from time to time, 
until the election shall be completed ; and if on the day 
of the annual ward meetings the election of the school 
committee shall not be completed, and the said ward 
meetings, or either of them, shall be adjourned without 
day, the board of aldermen shall issue its warrant for a 
new election in such ward or wards ; and the persons 
chosen at said meetings shall act in the office of school 
committee in all respects, and with the same powers, as if 
they had been chosen on the day of said annual meeting. 

Section 35. All city officers whose election or appoint- 
ment is required by the laws of the Commonwealth, or by 
the ordinances of the city, shall be chosen or appointed in 
such manner as may be prescribed by the by-laws of the 
city ; and in all cases in which the duties of city officers 
shall not be defined by law, they shall be determined and 
set forth by city ordinance ; and the compensation there- 
for, the method of compensation, and the periods of pay- 
ment, shall be regulated by ordinance. 

Section 36. Any officer elected by the city council 
may be removed at any time by said council by the con- 
current vote of the two branches, for sufficient cause ; and 
in case of the death, resignation, or removal of any officer 
elected by the city council, his place may be filled in the 
manner provided for his appointment ; and any person 
elected to fill the same shall hold the office for the unex- 
pired term. 

Section 37. All other powers vested in the inhabitants 
of towns in this Commonwealth, and all other powers 



1875.— Chapter 140. 707 

granted by this act, shall be vested in the city council of 
said city, to be exercised by concurrent vote, each board 
to have a negative upon the other. 

Section 38. No person shall be eligible to any office, Member of city 

i c_? •/ council incli- 

the salary of which is payable out of the city treasury, gibie to salaried 
who, at the time of his appointment or election shall be a ° 
member of the city council ; and no member of said council 
shall hold any other office under the city government, 
unless there shall be some express provision of state law 
or city ordinance allowing the same. 

Section 39. All taxes shall be assessed, apportioned Taxes. 
and collected in the maimer prescribed by the laws of the 
Commonwealth ; but the city council may establish by 
ordinance such further or additional provisions for the 
assessment of taxes, and the collection thereof as they 
may deem expedient, such provisions not being repugnant 
to the laws of the state. 

Section 40. No money shall be paid from the city Money not to bo 
treasury unless a grant or appropriation of the same shall uryunUsssprop^ 
have been made by competent authority. erly & ranted - 

The city council shall direct in all financial concerns of 
the city, and the treasury of the city shall be the deposi- 
tory of all the city's funds. The city treasurer shall 
receive, account for and disburse all the public funds, 
giving bonds as herein provided, for his faithfulness in 
the discharge of his duty, and all other city officers who 
who may, for a longer or shorter time, be intrusted with 
the receipt, custody or disbursement of the public money, 
may be required to give bonds, with sureties, for a proper 
accountability. 

The city council shall annually cause to be published, statement of 
for the use of the inhabitants, a detailed statement of the plndFmreT tote 
receipts and expenditures, a schedule with an appraise- Huau* ed an " 
ment of the city property, and a statement showing the 
amount and character of the city debt. 

Section 41. The city council shall have the care, cus- custody and 
tody and superintendence* of the city buildings and the St^p1operty. of 
custody and management of all city property, with power 
to let or sell when the same may be legally done and to 
purchase property, real or personal, in the name of and 
for the use of the city, whenever the interests or conven- 
ience of the inhabitants may in their judgment require it. Laying out etc. 

Section 42. The mayor and aldermen shall have the highways to be 

. i i -l • • done by mayor 

exclusive power to lay out, alter, discontinue, locate anew and aldermen. 



708 



1875.— Chapter 140. 



Sidewalks. 



Fire depart- 
ment. 



or fix the grade of any highway, street or town way, and 
to estimate and assess the damages any individual may 
sustain thereby ; but no such action of the mayor and 
aldermen shall be valid until concurred in by the common 
council. 

Any persons aggrieved by any of the foregoing proceed- 
ings shall have the same rights of appeal as are given by 
law in respect of appeals from proceedings of selectmen, 
or inhabitants of towns concerning ways, 
f Sidewalks may be constructed upon the streets at the 
discretion of the mayor and aldermen ; but nothing in this 
section shall prevent the city council from providing by 
order or ordinance for the construction of any particular 
sidewalk or all sidewalks, and for the form and material 
of its construction, and it shall at all times be competent 
for the city council to direct in all matters in relation to 
the streets, highways and sidewalks not by law devolving 
upon the mayor and aldermen as surveyors of highways. 
Section 43. The city council may by ordinance estab- 
lish a tire department, to consist of a chief engineer and 
so many assistant engineers and other officers, and so 
many enginemen, hosemen, hook and ladder men and 
other members as the city council shall from time to time 
prescribe and the city council shall have authority to make 
such provisions in regard to the time and mode of appoint- 
ment and the occasion and mode of removal of any officer 
or member of said department, to make such requirements 
in respect to their qualifications and period of service, to 
define their offices and duties, to fix and pay such compen- 
sation for their services, and in general to make such 
regulations in regard to their conduct and government as 
they shall deem expedient : provided, that the appointment 
of the engineers of said fire department shall be made by 
the mayor and aldermen : and provided further, that all 
the other members of said department shall be appointed 
by the board of engineers, subject to the approval of the 
mayor and aldermen. 

The engineers of the department shall have the same 

authority in regard to the prevention and extinguishment 

of fires, and the performance of the other offices and 

duties incumbent upon fire wards, as are vested in and 

City council conferred upon fire wards by law. 

byordina'nce,' The city council may by ordinance make regulations 

ft™ ag e c t ™ eat of concerning the management of fires, and the conduct of 



1875.— Chapter UO. TOO 

all persons attending or present thereat ; for the removal 
and protection of property ; for the examination of any 
buildings or places where combustible materials or sub- 
stances are supposed to be kept or deposited ; and for 
requiring and enforcing the removal of such material or 
substances ; and for the adoption of suitable safeguards 
against tires and the loss or destruction of property thereat. 

The city council may procure all such lands, buildings, Fire-engines. 
furniture, engines and other apparatus as may be neces- 
sary for the purposes of the tire department, and provide 
for the use, control and preservation thereof; and may 
appropriate and expend such sums of money for the relief 
of any member of the tire department who may be injured 
or contract sickness in the discharge of his duty, and for 
the relief of the family of any member killed in the dis- 
charge of his duty, as they may deem just and proper. 

The powers and duties set forth in this section or any 
of them, may be exercised and carried into effect by said 
city council in any manner which they may prescribe, and 
through the agency of any persons or any board or boards 
to whom they may delegate the same. 

All members of said tire department shall be exempted Department 

/. .,.. -, . if • • exempt from 

trom military duty and from serving as jurors or con- military and 
stables, during the term of their employment in said jury duty ' 
department. 

Section 44. The city council shall have power, by Fire districts. 
ordinance to establish fire districts within said city, and 
from time to time to alter the same ; to regulate the con- 
struction of all buildings to be erected within said lire 
districts, their location, size, and the materials of which 
they shall be constructed, also to ordain such other rules 
and regulations as shall tend to protect the same from lire, 
and to prescribe such penalties as they deem proper for a 
violation of any ordinances or regulations that may be 
passed in relation to the subject of this section. 

Any building erected in the said city contrary to such 
ordinances or regulations, shall be deemed and taken to be 
a common nuisance ; and the mayor and aldermen shall, 
in addition to any remedies otherwise existing, have the 
same authority in regard to abatement and removal that 
the board of health has in regard to the abatement or 
removal of a nuisance. 

Section 45. All power and authority vested by law ofTeaUh tcTL 
in boards of health for towns, shall be vested in the city council!" city 



into common 
sewers. 



710 1875.— Chapter 140. 

council, to be by said council exercised in such a manner 
as it may deem expedient, and the city council may con- 
stitute either branch or any committee of their number, 
whether joint or separate, the board of health for all or 
for particular purposes. 
Private drains Section 46. The board of health may require that 

may be required . . - -i • , 1 i • i • 

to be conducted private drams shall be conducted into public drains or 
common sewers, in any cases in which they shall adjudge 
the same necessary or proper for the cleanliness or health 
of the city, and if the order requiring the same is not 
complied with, it shall be the duty of the mayor to conduct 
the drain or drains as ordered, and the expense thereof 
shall be recoverable by the city in an action, from the 
party in default. 

inspection and Section 47. The city council may make ordinances, 

survey of wood, . , , . .,, .'. ., . .. 

coai, etc. with suitable penalties, tor the inspection, survey, meas- 

urement and sale of boards, plank, timber, lumber, wood, 
hay, coal and bark brought into or exposed in said city 
for sale. 

ordinances and Section 48. The city council shall have power to 
make, modify, and amend all such ordinances, regulations 
or by-laws, not conflicting with the laws, as it may deem 
necessary to carry into effect the powers conferred by law 
upon said city or any of its authorities or officers ; and 
such as it may deem necessary and proper for the good 
government, order and prosperity of said city and its in- 
habitants ; which ordinances, regulations and by-laws shall 
take effect from and after the time therein respectively 
limited, without the sanction of any court or authority 
whatever : but no penalty for the breach of any such ordi- 
nance, regulation or by-law shall exceed the sum of twenty 
dollars ; and all such ordinances, regulations and by-laws, 
shall be published in one or more newspapers of the city 
within ten days before they shall take etfect. 

Elections of Section 49. All elections for national, state, county 

etc, officers. ' and district officers, who are voted for by the people, shall 
be held at meetings of the citizens qualified to vote at 
such elections, in their respective wards, at the time fixed 
by law for these elections respectively. And in all elections 
for representatives to the general court, in case the whole 
number proposed to be elected shall not be legally chosen, 
the board of aldermen shall forthwith issue their warrants 
for a new election, conformably to the provision of the 
constitution and the laws of the Commonwealth. 



1875.— Chapter 140. 711 

Section 50. The mayor and aldermen shall make out voting lists. 
alphabetical lists of the citizens of each ward qualified to 
vote at elections in the manner and at the times l>y law 
provided ; and for that purpose they shall have full access 
to the assessors' books and lists, and ape empowered to 
call for the assistance of the assessors, assistant assessors, 
and other city officers ; and the said lists shall be prepared, 
corrected, revised and published as by law required, and 
shall be delivered to the clerks of the several wards, to 
be used at elections ; and no person shall be entitled to 
vote whose name is not borne upon said lists. 

Section 51. General meetings by the citizens quali- General meet- 
tied to vote, may from time to time lie held, to consult 
upon the public good, to instruct their representatives, 
and to take all lawful means to obtain redress for any 
grievances, according to the rights secured to the people 
by the constitution of the Commonwealth. 

And such meetings shall be duly warned by the mayor 
and aldermen upon the request in writing of fifty qua! i tied 
voters, which request shall set forth the purpose for which 
said meeting is called. 

Section 52. All lines, forfeitures and penalties accru- Fines, forfeit- 
ing for the breach of any ordinance, regulation, or by-law ties? an pe " 
of the city may be prosecuted for and recovered before 
the third district court of Bristol, by complaint or informa- 
tion, in the same maimer in which other criminal offences 
are now prosecuted before said court; reserving how- 
ever, in all cases, to the party complained of, or prose- 
cuted, the right of appeal according to law ; and it shall be 
sufficient in all such prosecutions, to set forth, in the com- 
plaint, the offence, plainly, substantially and formally, 
and it shall not be necessary to set forth such by-law or 
ordinance, or any part thereof. 

All lines, forfeitures and penalties, so recovered and 
paid, shall be paid to the treasurer of the city. 

Section 53. The act granting a city charter to the Repeal of 
inhabitants of the town of New Bedford, passed March granting char- 
ninth, eighteen hundred and forty-seven, and acts amenda- ter8 ' 
tory of said charter, viz. : the act passed May fifth, eigh- 
teen hundred and fifty-two, and the act passed February 
eleventh, eighteen hundred and fifty-seven, and all other 
acts and parts of acts inconsistent with the provisions of 
this act, are hereby repealed : provided, however, that the Proviso. 
repeal of said acts shall not affect any act clone or any right 



712 1875.— Chapter 140. 

accruing or accrued, or established, or any suit, or any 
proceeding had or commenced in any civil case, before the 
time when such repeal shall take effect, and that no offence 
committed, and no penalty or forfeiture incurred, under 
the acts hereby repealed, and before the time when such 
repeal shall take effect, shall be affected by the repeal, and 
that no suit or prosecution pending at the time of said 
repeal, for any offence committed, or for the recovery of 
any penalties or forfeiture incurred under the acts hereby 
repealed, shall be affected by such repeal; and provided 
Provisos. further, that said repeal, shall not revive any act heretofore 

repealed or superseded, and the provisions of this act so 
far as they are the same as those of existing laws shall be 
construed as a continuation of such laws and not as new 
enactments ; and provided further, that said repeal shall 
not invalidate any existing city ordinances or regulations 
that may be justified by this charter or by the laws. 

All persons who at the time when said repeal shall take 
effect shall hold any office by election or appointment, by 
virtue of said acts, shall continue to hold the same for the 
time for which they were severally elected or appointed ; 
or until their successors are appointed and qualified as pro- 
vided by this act; but nothing herein contained shall pre- 
vent the provisions of the twenty-sixth section of this act 
in relation to the appointment and removal of the officers 
therein named, from taking effect when the charter shall 
be adopted. 
subject to a P . Sectiox 54. This act shall bo void unless a majority 

Kecity!° tera of the voters of the city of New Bedford who may be 
present and vote thereon at legal ward meetings called for 
that purpose, by a written vote determine to adopt the 
same ; and the qualified voters of the city shall be called 
upon to give in their votes upon the acceptance of this 
act, at meetings in the respective wards, duly warned 
by the mayor and aldermen, to be held within sixty days 
after the passage of this act ; and thereupon the same 
proceedings shall be had respecting the sorting, counting, 
declaring, recording, and returns of said votes, as are pro- 
vided in the present charter of said city, at the election of 
mayor ; and the mayor and aldermen shall, within two days 
after said meeting, meet together and compare the returns 
of the ward officers ; and if it appears that the inhabitants 
have voted to adopt this act, the mayor shall immediately 
make proclamation of the fact, and thereupon this act 
shall take effect and be in full force. 

Approved April 20, 1875. 



1875.— Chapters 141, 142, 143. 713 

An Act to authorize the first parish in rowley to sell real (JJiap. 141 

ESTATE. 

Be it enacted, &c , asfolloivs : 

Section 1. The First Parish in Rowley may sell and ^ te s . cllreaI 
convey by its deed or deeds executed by the treasurer of 
said parish all the lands belonging to said parish at public 
or private sale, and invest and hold the proceeds of such 
sale for the purposes and uses for which the aforesaid lands 
were held. 

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

Approved April 20, 1875. 

An Act concerning the acknowledgment of deeds in foreign Q/ian.142 

COUNTRIES. ^' 

Be it enacted, &c, as follows : 

Section 1. The acknowledgment of deeds may be Deeds may be 
made before any consular officer under the laws of the beWTconiSar 
United States in any foreign country to which he is e§n 6 countrieB. 
accredited. And any deed or other instrument under seal 
heretofore acknowledged before any such officer, and 
recorded in its appropriate registry within this Common- 
wealth, shall be held to have been duly and properly 
acknowledged and recorded. 

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

Approved April 20, 1875. 

An Act to authorize the county commissioners of Bristol QJimj,143 

COUNTY TO TAKE LAND, AND FOR OTHER PURPOSES. * * 

Be it enacted, &c, as follows : 

Section 1. The county commissioners of the county commissioners 
of Bristol may borrow, on the credit of said county, a sum So^eyforTn- 
not exceeding twenty-five thousand dollars for the purpose J;" 'f e ' c ! 8 re fte. try 
of enlarging the registry of deeds and probate building 
for the northern district of said county in Taunton, and 
paying for any land that may be taken or purchased for 
that object. 

Section 2. The said commissioners for the purposes May take land 
aforesaid may take land adjoining the present court-house house 'lot. court * 
lot not exceeding thirty square rods in extent and they 
shall, within sixty days after such taking, file for record 
in the registry of deeds for said northern district a descrip- 
tion of the land so taken ; and the title of the same shall 
thereupon vest in said county. 

Section 3. All damages sustained by any person for Damages. 
laud taken under the second section of this act may be 

17 



714 



1875.— Chapters 144, 145. 



determined and recovered in the same manner as is now 
provided by law in case of lands taken for highways. 
Section 4. This act shall take effect upon its passage. 

Approved April 20, 1875. 
Chap. 144 An Act concerning the attachment of engines and cars, and 

STEAMBOATS. 

Be it enacted, &c., as follows : 

fa n r?not to be Section 1. Whenever railroad cars and engines are in 

attached witMn use on railroads or steamboats, upon water-routes, and 

hours pfevioua making regular passages thereon, they shall not be attached 

partare,°uniMB, upon mesne process in any suit, within forty-eight hours 

etc> previous to their fixed time of departure, unless the officer 

making such attachment shall have first demanded of the 

owners or managers of such engines, cars or steamboats, 

other property equal in value to the ad damnum in the 

writ upon which to make such attachment, and such 

owners or managers shall have refused or neglected to 

comply with said demand. And any officer making such 

attachment shall on his return upon the process upon 

which it is made, certify that he has made such demand 

for such other property, and that such demand has been 

refused or neglected ; otherwise such attachment shall be 

wholly void. 

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

Approved April 20, 1875. 

Chap. 145 An Act in addition to an act to supply the citt of Cambridge 

WITH PURE WATER. 

Be it enacted, &c, as follows : 

Section 1. To enlarge and extend the water-works of 
the city of Cambridge, the city council of said city may 
issue scrip or bonds in addition to the scrip or bonds 
authorized by chapter one hundred fifty-seven of the acts 
of the year eighteen hundred seventy-two, to an amount 
not exceeding five hundred thousand dollars, bearing 
interest not exceeding six per centum per annum, payable 
semi-annually, the principal to be payable at periods not 
more than twenty years from the issuing of such scrip or 
bonds ; and said city council may sell such scrip or bonds, 
or any part thereof, from time to time, or pledge the same 
for money borrowed for the extension of said water-works, 
on such terms and conditions as it may deem proper. 

Section 2. Said city of Cambridge shall annually set 
apart from the surplus receipts of said works, after 
deducting all expenses and charges of distribution, and if 



May issue ad- 
ditional water 
scrip, not ex- 
ceeding 
$500,000. 



To establish 
linking fund, 



1875.— Chapters 146, 147. 715 

that should be insufficient, from money raised by taxation 
for the sinking fund now established for the redemption of 
its water-bonds, a sum not less than three per centum of 
the par value of the then outstanding water-bonds. 

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

Approved April 20, 1875. 

An Act to enable the town of Princeton to convey certain Qhap.146 

LANDS. 

Be it enacted, &c., as follows : 

Section 1. The town of Princeton may sell and convey Town of Prince. 
at public or private sale the whole or any part of the undTconveyed 
pieces or parcels of laud heretofore conveyed by the late i* a y B Boy?stori Cho " 
Ward Nicholas Boylston to the inhabitants of said town of and others. 
Princeton, by his deed dated on the twenty-first day of 
October, in the year of our Lord eighteen hundred and 
eighteen and recorded in the registry of deeds for the 
county of Worcester, book two hundred and forty-three, 
page four hundred and ninety-five ; also the whole, or any 
part, of the piece or parcel of land conveyed to the inhabi- 
tants of the district of Princeton (now said town) by John 
Mirick, junior, and Caleb Mirick by their deed to the 
inhabitants of said district of Princeton, dated on the fifth 
day of June, in the year of our Lord seventeen hundred 
and sixty, and recorded in Worcester County registry of 
deeds, book sixty-nine, page twenty-seven ; and said town 
is hereby authorized, by its deed or deeds to give to the 
purchaser, or purchasers thereof good title thereto free 
from all trusts. 

Section 2. The proceeds of any such sale or sales of Proceeds to be 
said lands shall be holden to and for the uses set forth in poses set forth 
the respective deeds thereof to said inhabitants. 

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

Approved April 20, 1875. 

An Act authorizing the lowell horse railroad company to Cj] mT) 7-/ 7 

LEASE OR SELL ITS ROAD. ^' 

Be it enacted, &c, as folloivs : 

Section 1. The Lowell Horse Railroad Company is May sen road 
hereby authorized to lease or sell the whole or a part of its and p 1 ' ^ 1 ^- 
road and other property : provided, that before any such p roV iso. 
sale or lease is concluded, the terms thereof shall be 
approved, at a meeting called for that purpose, by three- 
fourths in number and in interest of the stockholders of 
said company. 

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

Approved April 20, 1875. 



716 1875.— Chapters 148, 149. 

Chap. 148 An Act to extend the time for locating and constructing the 

MASSACHUSETTS CENTRAL RAILROAD. 

Be it enacted, &c, as follows : 
Time for ioca- Section 1. The time within which the Massachusetts 

tion and con- st i -n *i i si 1 i • 

stmction ex- Central Kailroad Company may locate and construct its 
railroad is hereby extended to the first day of May in the 
year one thousand eight hundred and seventy-seven. 
May discontinue Section 2. Said railroad corporation is hereby author- 
location. ized to discontinue the present location of its railroad in 

Provisos. the towns of Belchertown, Hadley and Amherst : provided, 

it shall re-locate its road within said towns in conformity 
to the provisions of chapter three hundred and seventy- 
two of the acts of the year eighteen hundred and seventy- 
four, so that said road when so re-located shall run through 
that part of said Amherst called South Amherst, within a 
quarter of a mile of the Congregational Church ; and pro- 
vided also, that this section shall in no wise release said 
railroad corporation from its obligation to have a depot on 
the main line within one-half mile of the Amherst House. 
Section 3. This act shall take effect upon its passage. 

Approved April 20, 1875. 

Chan. 149 -^ N Act TO SET OFF A PART OF THE town of everett to the town 

OF MEDFORD. 

Be it enacted, &c, as follows : 

Part of town of Section 1. All that part of the town of Everett, with 

to V Medford.° the inhabitants and estates therein, lying westerly of the 

following line, to wit, — "Beginning at a point on the present 

boundary line between the towns of Everett and Medford, 

which point is at the junction of Middlesex Avenue with 

the little creek flowing from Creek Head so called, and 

thence running by the thread of said creek or stream to 

the thread of Maiden River, and thence by the thread of 

said river to the Mystic River and the point therein which 

marks the boundary line again between said towns," is 

hereby set off from the town of Everett and annexed to 

the town of Medford. 

Taxes already Section 2. All taxes already assessed by the town of 

Everett d t n be Everett to the inhabitants of said territory hereby set off 

tow'n! said an d annexed shall be paid by them to said town the same 

as if this act had not been passed. 

Medford nabie Section 3. The town of Medford shall be liable for 

paupers. 01 " the support of all persons who now or shall hereafter 

stand in need of relief as paupers, whose settlement was 

gained by or derived from a settlement gained or derived by 



1875.— Chapters 150, 151. 717 

reason of a residence on the territory hereby annexed to 
said town. 

Section 4. The inhabitants of the territory described ^ s tion dis ' 
in the first section for the purpose of electing representa- 
tives to the general court, until the next decennial census, 
or until another apportionment be made shall remain a part 
of the town of Everett, and vote therefor at such place as 
the inhabitants of Everett shall vote at ; and the select- 
men of Medford shall make a true list of all persons 
resident in said territory qualified to vote at every such 
election, and shall post up the same on said territory and 
shall correct the same as required by law and shall deliver 
such list to the selectmen of Everett seven days at least 
before such election, to be used thereat. 

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

Approved April 20, 1875. 

An Act to change the name of the middleborough and (JJiar>, 150 

TAUNTON PRECINCT SOCIETY, AND FOR OTHER PURPOSES. ^' 

Be it enacted, &c., as follows : 

Section 1. The name of the Middleborough and Name changed. 
Taunton Precinct Society is hereby changed to Lakeville 
and Taunton Precinct Society. 

Section 2. The acts and doings of the Middleborough Acts and doings 
and Taunton Precinct Society under the assumed name of ] ^ ahzed - 
the Lakeville and Taunton Precinct Society are hereby 
legalized. 

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

Approved April 20, 1875. 

An Act to allow executors and administrators with the will (jJi a j) % fgj 

ANNEXED, TO MORTGAGE REAL ESTATE OF THEIR TESTATORS. *' 

Be it enacted, &c., as follows : 

Section 1. The provisions of chapter two hundred Administrators, 
and twelve of the acts of the year eighteen hundred and annexed, may 
sixty-four are extended and made applicable to executors estatf. age real 
and administrators with the will annexed ; and they may 
mortgage real estate of their testators in the same manner 
as administrators may that of their intestates under said 
act. 

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

Approved April 24, 1875. 



718 1875.— Chapters 152, 153, 154. 

Chap. 152 An Act relating to limited partnerships. 

Be it enacted, &c, as follows: 
Limited part- Limited partnerships, except for the purpose of insur- 

foTpwposeTof ance, may be formed for the transaction of any lawful 
insurance. business, subject to the conditions and rules prescribed in 

the statutes of the Commonwealth. 

Approved April 24, 1875. 

Chap. 153 An Act to authorize the collection of the price of goods 
wares and merchandise sold by unsealed weights and 

MEASURES, OR MEASURED BY AN UNSWORN MEASURER. 

Be it enacted, &c, as follotvs : 
Price of goods Section 1. Whenever a sale is made of goods, wares 

may be collected , ,. „ , . , -1.1 • 1 i 

when sale is or merchandise of any kind, and the same are weighed or 
fetth%yu°n- d measured for the purpose of such sale upon scales, 
etc! ed weights ' measures, weights, beams or balances not sealed according 
to law, or are weighed or measured by a person not a 
sworn weigher or measurer, or by a person not a sworn 
weigher or measurer within the city or town where such 
sale is made, the seller may nevertheless recover the fair 
market value of such goods, wares or merchandise : pro- 
vided, said sale is made in good faith and the purchaser is 
not injured thereby. 

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

Approved April 24, 1875. 

Chap. 154 An Act to annex a portion of the towns of south abington 

AND EAST BRIDGEWATER TO THE TOWN OF BROCKTON ; ALSO A 
PORTION OF THE TOWN OF BROCKTON TO THE TOWN OF SOUTH 
ABINGTON. 

Be it enacted, &c, as follows : 

Parts of south Section 1. That part of the town of South Abington, 

East Bridge- also that part of the town of East Bridge water, with the 

to a Brockton. e inhabitants and estates thereon, lying westerly of the fol- 

to^ t annSe < dto lowing described line, to wit : — Beginning at the centre of 

south Abington. Beaver Brook, at a point opposite a stone monument on 

the southerly bank thereof, fifty rods southerly of the road 

called Centre Street, leading from Brockton to Abington ; 

thence southerly in a straight line through a point which is 

ten rods easterly of the dwelling-house of Ebenezer Alger 

to a stone monument standing twenty-five rods southerly 

of said house ; and thence westerly to Beaver Brook at the 

southernmost stone monument on the bank of the same in 

the present dividing line between the towns of Brockton 

and East Bridgewater, are hereby set off from the towns of 

South Abington and East Bridgewater, respectively, and 

annexed to the town of Brockton ; and so much of the 



1875.— Chapters 155, 156. 719 

town of Brockton as lies east of said line is hereby annexed 
to the town of South Abingtou. 

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

Approved April 24, 1875. 

An Act to authorize the commissioners on public lands to Chap. 155 

RELEASE A CERTAIN PARCEL OF LAND IN EAST BOSTON. l 

Be it enacted, &c, as follows : 

Section 1. That the commissioners on public lands, on commissioners 
such terms as they may deem right, are authorized and mayVeieasTa 8 
directed to release to the heirs of Harriet Ambrose, j^Ea^Boston. 
deceased, late of Boston, in the county of Suffolk, in said 
Commonwealth, the following described parcel of land, 
namely : A certain parcel of land, with the buildings 
thereon, situated on Everett Street, in that part of Boston 
called East Boston, north-easterly, on Everett Street, 
twenty-five feet ; south-easterly, on land of Lemoire, one 
hundred feet ; south-westerly, on land now or late of 
Gerard, twenty-five feet ; and north-westerly, on land now 
or formerly of William Beals, one hundred feet ; with all 
the privileges and appurtenances to said premises belong- 
ing, being the same premises described in deed of Michael 
Ambrose to the Commonwealth of Massachusetts of March 
seventeenth, eighteen hundred and forty-nine, by which 
deed said Michael conveyed, by deed of quitclaim, with- 
out any form of warranty, his right, title and interest in 
said premises, consisting of one undivided half thereof. 

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

Approved April 24, 1875. 

An Act to set off a part of the town of sandisfield to Char). 156 

THE TOWN OF MONTEREY. ^' 

Be it enacted, &c , as follows : 

Section 1. All that part of the town of Sandisfield, f-Yi of San< " 8 : 

.,,.,,. -, . -, . field annexed to 

with the inhabitants and estates therein, embraced within Monterey. 
the following boundaries, to wit : commencing at a stone 
monument at the east line of said town of Monterey, 
standing fifty-two rods north of the north-east corner of 
the town of New Marlborough ; thence running north 
three and three-fourth degrees east, three hundred and 
forty-three rods to the north-west corner of said town of 
Sandisfield ; thence running north, eighty-seven degrees 
east, four hundred and thirty-nine rods to a stone monu- 
ment marked T C, the east corner of said town of Monte- 
rey ; thence running south twenty-three degrees west, 
three hundred and seventy-five rods ; thence running 



720 



1875.— Chapter 156. 



Taxes already 
assessed to be 
paid as hereto- 
fore. 



State and county 
taxes. 



Debts and obli- 
gations of San- 
disfield. 



When to take 
effect. 



south ninety- one rods ; thence running west three hundred 
and forty-nine rods, to the town line of said Monterey, 
at the place of beginning, is hereby set off from the town 
of Sandisfield and annexed to the town of Monterey. 

Section 2. All taxes already assessed by the town of 
Sandisfield to the inhabitants of said territory hereby set 
off and annexed, shall be paid by them to said town the 
same as if this act had not been passed. 

Section 3. The town of Monterey shall annually pay 
to the town of Sandisfield from and after the time when 
this act takes effect, the proportionate part of all state and 
county taxes thereafter required to be assessed upon the 
inhabitants and territory hereby set off, previous to a new 
state valuation or new basis for the apportionment of 
state and county taxes. 

Section 4. Such portions of the debts and obligations 
of the town of Sandisfield existing on the first day of 
May, one thousand eight hundred and seventy-five (over 
and above the value of all the property, real, personal or 
mixed, belonging to said town in its corporate capacity), 
as should proportionally and equitably be paid by the 
inhabitants and property-owners of said territory by this 
act annexed to the town of Monterey, shall be paid by said 
town to the town of Sandisfield ; and in the event of any 
disagreement between said two towns as to the amount 
really due the town of Sandisfield, the supreme judicial 
court shall have jurisdiction in equity to determine the 
amount, if any, and to enforce the payment of the same 
upon a suit in equity in the name of said town of Sandis- 
field, to be brought therefor within one year after this act 
goes into effect by the selectmen of said town, if they 
deem such suit for the interest of the town ; but no such 
suit shall be instituted after twelve months. 

Section 5. This act shall not take effect unless 
accepted by the legal voters of the town of Monterey 
within one month after its passage, at a town meeting 
duly called for the purpose. But if accepted by the 
inhabitants of said town of Monterey as herein provided, 
it shall take effect on the first day of June one thousand 
eight hundred and seventy-five. 

Approved April 24, 1875. 



1875.— Chapters 157, 158. 721 

An Act to revive the union mutual loan and fund association, Chap. 157 

FOR CERTAIN PURPOSES. 

Be it enacted, <fcc, as follows: 

Section 1. The corporation heretofore known as the corporation 
Union Mutual Loan and Fund Association, and formerly pose of convey* 
located in Boston, is hereby revived, and continued for ing real e8tate ' 
the purpose of assigning or releasing all the right, title 
and interest, or estate, which the said corporation has in or 
to the premises described in the deed of mortgage to said 
corporation from William H. Morss, dated the first day 
of September, in the year eighteen hundred and fifty-five 
and recorded with Middlesex south district deeds, book 
seven hundred and seventeen, page four hundred and 
eighty-nine and to the debt or demand secured thereby. 

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

Approved April 24, 1875. 

An Act to incorporate the rockport water company. Chap. 158 

Be it enacted, &c, as follows : 

Section 1. Amos Rowe, Jr., Gilbert P. Whitman, corporators. 
John D. Sanborn, Henry Dennis, Jr., Newell Giles, 
Charles W. Parker, Alden Choate, Leverette E. Smith 
and Henri N. Woods, their associates and successors, are 
made a corporation under the name of the Rockport Water Name and pur- 
Company, for the purpose of supplying the town of Rock- pose ' 
port with pure water for the extinguishment of fires, 
domestic and other purposes, and for these purposes may 
take water from the Cape Pond, so called, situated within 
the limits of the town of Rockport, and may build and May build dams, 

r » J reservoirs, etc. 

maintain dams, reservoirs, aqueducts and other necessary 
or suitable works for storing and distributing the waters 
so taken, and may take such lands as may be necessary 
therefor, and such other lands about the margin of such 
reservoirs, ponds and streams, as may be necessary to 
preserve the purity of the waters thereof: provided, how- Proviso. 
ever, that no land, water or water rights shall be taken or 
entered upon, except for the purpose of making surveys 
until all damages are satisfied, or security given to the 
satisfaction of the county commissioners, for the payment 
of all damages agreed upon by the parties, or all damages 
and costs awarded by the county commissioners, or a jury, 
for the land or property taken. 

Section 2. Said corporation shall within sixty days To me in regis, 
after the taking of any land under this act, file in the descripUon^f 
registry of deeds of the county of Essex a description of the land taken * 

18 



722 



1875.— Chapter 158. 



May distribute 
■water, lay 
pipes, etc. 



Real and per- 
sonal estate. 



Penalty for wil- 
fully corrupting 
water. 



Liability of oc- 
cupant and 
owner of tene- 
ment for use of 
water. 



any land so taken sufficiently 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 any of his property by any of the acts 
of said corporation, and failing to agree with said corpo- 
ration as to the amount of damages, may have them 
assessed and determined in the manner provided when 
land is taken for highways. 

Section 3. Said corporation may distribute the water 
throughout said town of Rockport, and may from time to 
time fix and establish the rent therefor ; and may construct 
and maintain its aqueducts, conduits, pipes and drains 
over or under any water-course, street, railroad, highway 
or other way, in such manner as not to obstruct the 
same ; and may, under the direction of the board of 
selectmen, enter upon and dig up any road or way for the 
purpose of laying or repairing its aqueducts, conduits, 
pipes and drains, in such a manner as to cause the least 
hindrance to travel in such road or way, 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 purpose 
aforesaid, hold real and personal estate, not exceeding in 
amount twenty thousand dollars ; and the whole capital 
stock shall not exceed twenty-five thousand dollars, to be 
divided into shares of one hundred dollars each ; and said 
capital stock, if originally fixed at a less sum, may from 
time to time be increased to an amount not exceeding in 
the whole twenty-five thousand dollars. 

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 purpose 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 pun- 
ished by a fine not exceeding one hundred dollars, and by 
imprisonment not exceeding six months. 

Section 6. The occupant of any tenement shall be 
liable for the payment of the rent for the use of the water 
of said corporation in such tenement, and the owner shall 
also be liable if, on being notified in writing by said cor- 
poration, or its agent, of such use, he does not in writing 
object thereto. 



1875.— Chapter 158. 723 

Section 7. Nothing contained in this act shall be con- Existing rights 
strned to impair any existing rights of any person or party paired. 
to cut and take ice from said pond. 

Section 8. Said town may subscribe for and hold J t °™in"corpo ke 
shares of the capital stock of said corporation, to an ration, and 

t n ,i it ii «77 raise money to 

amount not exceeding five thousand dollars ; provided, pay for same. 
that two-thirds of the legal voters present and voting by 
ballot, and using the check list, at a legal meeting called 
for that purpose in such town, and held in like manner as 
the meetings for the choice of municipal officers are now 
held by law in such town, shall vote to subscribe for such 
shares in such corporation. Said town may raise money 
to pay for the same by tax or loan ; they may hold and 
dispose of such stock in like manner as other town prop- 
erty ; and the selectmen may at all meetings of the corpo- 
ration represent and vote upon each and every share of 
stock owned by said town, anything in the General Stat- 
utes to the contrary notwithstanding. 

Section 9. The town of Rockport may at any time by Town may take 
a vote of two-thirds of the legal voters present and voting 
therefor at a legal meeting held for the purpose, take 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 shall be final. 

Section 10. For the purpose of defraying the cost of Rockport water 
such franchise and corporate property as may be purchased ceed $25,000. 
for the purposes aforesaid, the town of Rockport shall 
have authority to issue from time to time, notes, scrip or 
certificates of debt, to be denominated on the face thereof 
"Rockport Water Scrip," to an amount not exceeding 
twenty-five thousand dollars, bearing interest and 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 appro- 
priations and assess from time to time such amounts, not 
exceeding in any one year the sum of two thousand, and 



724 



1875.— Chapter 159. 



May exercise all 
powers through 
agents, etc. 



not less than five hundred dollars, towards paying the 
principal of the money so borrowed, and also a sum suf- 
ficient to pay the interest thereon, in the same manner as 
money assessed and appropriated for other town purposes ; 
and such amounts shall be held and pledged for the 
redemption of said scrip, and used in no other manner. 

Section 11. In case the town of Rockport shall pur- 
chase the property, rights and privileges of the corpora- 
tion hereby established, said town shall exercise all the 
rights, powers and authority, and be subject to all the 
restrictions, duties and liabilities herein contained, except 
for giving security for land or property taken in such man- 
ner 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 12. This act shall take effect upon its passage. 

Approved April 24, 1875. 
Chap. 159 An Act to provide for the prevention and abatement of 

NUISANCES AND FOR THE PRESERVATION OF THE PUBLIC HEALTH IN 
THE CITY OF CHELSEA. 

Be it enacted, &c, as follows : 

Section 1. The board of mayor and aldermen of the 
city of Chelsea, may with reference to a complete drain- 
age, establish grades in said city, not less than thirteen 
feet above mean low-water ; and no person shall in said 
city, after such grades are established, construct any 
cellar or basement cellar of any dwelling-house or other 
building below such grade, or use or occupy any such cellar 
constructed below the same after such establishment, unless 
licensed to construct and use a cellar below such grade by 
the board of mayor and aldermen of said city. 

Section 2. If any person constructs, uses or occupies 
any cellar in violation of section one of this act, the 
board of mayor and aldermen of the city of Chelsea 
may order the owner or occupant of such cellar to so alter 
and construct it as to conform to the requirements of said 
section ; and if such owner or occupant fails to comply 
with the order within ten days after service thereof, as 
provided by the following section, said board may so alter 
such cellar ; and all necessary expenses incurred thereby 
shall constitute for two years after they are committed to 
the collector, a lien upon the land wherein such cellar is 
constructed and the buildings upon such land, and may be 



Drainage in 
Chelsea. 



Penalty for 
constructing or 
using cellar 
below grade. 



1875.— Chapter 159. 725 

collected, and the collector may purchase such land or 
land and buildings in behalf of said city, all in the same 
manner as is provided by law for the collection of taxes 
upon real estate, and in case of land sold for taxes. 

Section 3. All orders under the preceding section orders to be in 
shall be in writing and served upon said owners or occu- 
pants, or their authorized agents, as prescribed by section 
nine of chapter twenty-six of the General Statutes, for 
the service of orders of boards of health ; and the supreme s. j. c. may re- 
judicial court or any justice thereof in term time or vaca- Junction^ 1 ' 1 
tion, may by injunction or other suitable process in equity, 
restrain any person or corporation from constructing, 
using or occupying any cellar in violation of the provi- 
sions of section one of this act, and may enforce such pro- 
visions, and may order and enforce the abatement or alter- 
ation of any cellar constructed, used or occupied in violation 
thereof, so as to comply with said provisions. 

Section 4. The board of mayor and aldermen of said Cit y ma y or 4 er 

«/ . owners to raise 

city, may from time to time order the owners of lands in grade of land to 

thirteen feet 

any section of said city, the surface of which is below the above mean 
grade established in said section, or any of such owners, 
to raise the grade of their said lands, filling up the same 
with good materials, to a grade not less than thirteen feet 
above mean low-water, and to raise the grade of all 
private streets, courts and ways upon their said lands, filling 
up the same with good materials to a grade not less than 
sixteen feet above mean low-water, with reference to a 
complete drainage thereof, so as to abate and prevent 
nuisances, and to preserve the public health of the said 
city. 

Section 5. All orders under the preceding section if owner fails to 
shall be made and served as prescribed in section three of may^segrade. 
this act, and if the owner of any such lands fails to 
comply with any such order within six months after such 
service thereof, the board of mayor and aldermen of said 
city may raise the grade of his said lands, and the private 
streets, ways and courts thereon, filling up the same with 
good materials to the grade authorized by the preceding 
section and specified in the order, and all necessary Expense to be a 

-ii , in »j ,- lien upon the 

expenses incurred thereby shall constitute tor two years property. 
after they are committed to the collector, a lien upon the 
lands filled, and a lien equally upon the lands abutting 
upon either side of any private street, court or way filled, 
and a lien upon all buildings upon such lands, and may 



726 1875.— Chapter 159. 

be collected, and the collector may purchase such lands, 
or lands and buildings in behalf of the city ; all as is 
provided in section two of this act for collecting the 
expenses therein named. 
Assessment of Section 6. If the owner of any estate so assessed for 

expenses may . ... 1 j_i i* • i 

be apportioned sucn expenses, desires to have the amount of said assess- 
So. reepart8 ' 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 three equal parts, which apportionment shall be 
certified to the assessors of said city, and the said assess- 
ors shall each year for the three 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 apportion- 
ment, 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 for the collection of taxes upon real estate. 
fed'may apply" Section 7. Any person entitled to any estate in any 
tor a jury. land the grade of which shall be raised under the preced- 
ing sections, who is dissatisfied with the assessment of 
the expenses of raising the grade of his land, and any 
owner of land who is dissatisfied with the assessment of 
expenses under section two of this act may, within one 
year after receiving notice of such assessment, apply for 
a jury by petition to the superior court in the county of 
Suffolk, in term time or vacation, and have the expenses 
assessed in the same manner as betterments for the laying 
out and widening of streets and highways in said city of 
Chelsea may be assessed. 
uuid Tmd me 6 Section 8. Instead of making such complaint, any 
description person dissatisfied with the assessment of the expense of 
try of deeds. raising the grade of his said land or any private street, 
way or court abutting thereon, may give notice thereof to 
the mayor and aldermen of said city within sixty days 
after notice of such assessment shall have been given, and 
the city shall thereupon take said land, and shall, within 
sixty days thereafter file in the office of the registry of 
deeds for the county of Suffolk a description of the land 
so taken, as certain as is required in a common convey- 



1875.— Chapter 159. 727 

ance of land, together with a statement that the same is 
taken pursuant to the provisions of this act, which 
description and statement shall be signed by the mayor 
of the city, and the title to lands so taken shall vest 
absolutely in the city. 

Section 9. If any person whose land is taken under if damages are 
the preceding section agrees with the city upon the amount U to°be 
damage done to him by such taking, making due allow- paid forthwith - 
ance for the improvement in raising the grade of such 
land, the same shall be forthwith paid him by the city. 
If any such person shall not so agree, he may at any time Trial by jury. 
within six months from the filing of such description and 
statement, apply for a jury, by petition to the superior 
court for the county of Suffolk, in term time or vacation, 
to determine the damage so done him, making due allow- 
ance for the improvement by raising the grade of such 
lands, streets, courts or ways, and thereupon said court 
shall, after due notice to the city 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 the jury, and if 
either party request it the jury shall view the place in 
question. The damages awarded by the jury shall be paid 
by the city, and if the damages are increased above the 
sum offered by the city before the filing of such petition, 
all costs arising on such petition shall be paid by the city, 
otherwise by the petitioner. 

Section 10. The city shall raise the grade of all public cu y to raise 
streets bordering upon any lands the grade of which is grade of 6treets - 
ordered to be prised under this act, filling up such streets 
with good materials to a grade not less than sixteen feet 
above mean low-water. 

Section 11. The city of Chelsea is hereby authorized city may lay 

. i /. railway tracks 

to lay railway tracks through any street or streets ot said through streets. 
city, and to maintain them so long as may be necessary to 
enable it to transport earth and other material to fill up 
the district aforesaid under the provisions of this act. 

Section 12. This act shall not be construed as in an} 7- city not ex- 
way exempting the city of Chelsea from any obligation it liTbiuty for'in. 
would otherwise be under to make compensation to the jury done ' etc< 
owners of lands abutting upon or near to any land or 
street filled hereunder, or for any injury done or caused 
to the lands of such owners under any order or proceeding 
hereunder. 

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

Approved April 26, 1875. 



728 



1875.— Chapter 160. 



Chap. 160 An Act to provide means for the completion of the Worces- 
ter LUNATIC HOSPITAL BY THE ISSUE OF SCRIP, AND FOR THE 
REDEMPTION OF THE SAME, AND FOR OTHER PURPOSES. 



Treasurer may 
issue scrip not 
exceeding 
$750,000. 



Money hereto, 
fore paid from 
revenue to be 
reimbursed 
from sale of 
scrip. 



Premium upon 
sales of scrip, 
and proceeds of 
sales of old 
estate, to be 
added to sinking 
fund. 



Be it enacted, &c., as follows : 

Section 1. For the purpose of meeting any expenses 
incurred, and that may be incurred under the provisions 
of chapter two hundred and thirty-eight of the acts of the 
year eighteen hundred and seventy, entitled "An Act to 
provide for the purchase of land and the erection of a state 
lunatic hospital in place of the present state lunatic hos- 
pital at Worcester," or of any act or acts supplementary 
thereto, the treasurer is hereby authorized, upon the order 
of the governor and council, to issue scrip or certificates 
of debt to an amount not exceeding seven hundred and 
fifty thousand dollars, which shall be expressed in such 
currency, and shall bear such rate of interest, not exceed- 
ing six per centum per annum, as the governor and coun- 
cil may direct, and shall be redeemable in not less than ten 
nor more than twenty years from the date thereof; and 
said treasurer shall sell or otherwise dispose of the same 
as he may deem proper, subject to the approval of the 
governor and council. 

Section 2. All sums of money heretofore paid from 
the revenue on account of said hospital beyond the amounts 
received into the treasury from the sale of lands, shall be 
reimbursed to the treasury from the proceeds of the sales 
of said scrip, and the balance is hereby appropriated for 
the payment of such expenditures as may be made in the 
erection and completion of said hospital buildings and in 
furnishing the same. 

Section 3. To provide for the payment of the scrip 
or certificates of debt to be issued under the authority of 
this act, whatever premium may be received from the sale 
thereof, beyond the cost of preparing and negotiating the 
same, and so much of the proceeds of the sales of the old 
hospital estate in Worcester as may be necessary for the 
redemption of said scrip, and also of all the scrip secured 
by the sinking fund created by the provisions of chapter 
three hundred and ninety-one of the acts of the year 
eighteen hundred and seventy-four, shall be added to and 
constitute a part of the sinking fund aforesaid. And said 
fund shall be applicable to the redemption of all said 
scrip at maturity. Any balance of the proceeds of sales 
of the old hospital estate not required for the sinking fund 



1875.— Chapters 161, 162, 163. 729 

as herein provided, shall be paid over and delivered to the 
treasurer of the Commonwealth who shall keep a separate 
account of the same. 

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

Approved April 28, 1875. 

An Act to authorize aqueduct corporations to increase their (J] ia p, 261 

CAPITAL STOCK. 

Be it enacted, &c, as follows : 

Section 1. Any aqueduct corporation organized under Aqueduct cor.- 
the provisions of chapter forty of the Revised Statutes, or increase capital 
chapter sixty-five of the General Statutes, may increase 8tock " 
its capital stock at such times and in such sums, to be 
divided into shares of the same amount as other shares of 
such corporation, as the stockholders may at any legal 
meeting called for that purpose, by vote determine. 

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

Approved April 28, 1875. 

An Act concerning the maintenance of the bridge near bard- Q/ iaj j 262 
well's ferry. -* ' w 

Be it enacted, &c, as follows : 

Section 1. The towns of Conway and Shelburne shall Towns, jointly, 
jointly maintain and keep in repair the bridge across the in repair. 
Deerneld River near Bardwell's Ferry, with its abutments, 
and be jointly liable for all penalties and damages for any 
neglect in keeping the same safe and convenient for travel. 

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

Approved April 28, 1875. 



Chap. 163 



An Act relating to the location and construction of high- 
ways AND RAILROADS OVER PUBLIC COMMONS AND PARKS. 
Be it enacted, &c, as folloivs : 

Section 1. No highway, town way, street, turnpike, streets, etc., 
canal, railroad or street railway, shall be laid out or con- "ut upo^a pub- 
structed in, upon, through or over any public common or lic P ark ' w j th ; 

■,,.,, P it -i out consent of 

public park which has been dedicated to the use of the inhabitants. 
public or appropriated to such use without interruption for 
the period of twenty years or longer, nor shall any part of 
any such public common or public park be taken for 
widening or altering any highway, town way or street 
previously located or constructed, except after public 
notice, to be given in the same manner as provided in 
cases of applications for the location and alteration of 
highways, in which notice shall be specifically set forth, 
the extent and limits of the portion of the public common 
19 



730 



1875.— Chapter 164. 



Consent to be 
expressed by a 
majority vote. 



Meetings to be 
warned as for 
other elections. 



Lands of a state 
institution not 
to be taken 
without leave of 
the legislature. 



Chap. 164 



Corporators. 



Name and pur- 
pose. 

Powers and 
duties. 



or public park proposed to be taken, and unless the con- 
sent of the inhabitants of the city or town in which the 
same is situated is first obtained. Such consent shall be 
expressed by vote of the inhabitants whenever as many as 
ten legal voters file a request in writing to that effect, with 
the selectmen of the town or the mayor and aldermen of 
the city, within thirty days after the publication of the 
notice ; in the absence of such request consent shall be 
presumed to be granted. 

Section 2. When such public common or public park 
is situated in a city, the vote by which such consent is 
expressed, shall be that of a majority of the voters pres- 
ent and voting by ballot "yes " or " no," in answer to the 
question of giving such consent at meetings in the several 
wards on such day as shall be appointed for the purpose 
by the mayor and aldermen. Such meetings shall be 
notified and warned by the mayor and aldermen fourteen 
days at least before the day appointed therefor, and the 
votes shall be received, sorted and counted and declaration 
and return thereof shall be made in the same manner as 
votes at other elections, and all provisions of laAv relating 
to elections shall be applicable to such meetings. The 
returns from the several wards shall be examined by the 
mayor and aldermen and the result of the balloting shall 
be ascertained in the same manner as at other elections, 
and a certificate of the result shall be entered by the 
city clerk upon the records of the city. Such meetings 
may be held on the same day with any other election, if 
the mayor and aldermen so appoint. 

Section 3. No lands of any public institution belong- 
ing to the Commonwealth, or any portion of such lands, 
shall be taken for any highway, town way, street, turn- 
pike, canal, railroad or street railway, without leave of 
the legislature previously obtained. 

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

App?'ovcd April 29, 1875. 

Ax Act to incorporate the Suffolk brewing company. 
Be it enacted, &c, asfolloivs : 

Section 1. James M. Smith, James Walsh, Charles 
F. Donnelly and Philip O'Donnell, their associates and 
successors are made a corporation by the name of the 
Suffolk Brewing Company for the purpose of malting and 
brewing ale and porter, with the powers and privileges 
and subject to the duties, restrictions and liabilities con- 



1875.— Chapter 165. 731 

tained in the general laws which now are, or hereafter may 
be, in force and applicable to such corporations, and 
especially subject to the laws which now are or hereafter 
may be in force in regard to intoxicating liquors. 

Section 2. The capital stock of said corporation shall Capital stock. 
not exceed three hundred thousand dollars. 

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

Approved April 29, 1875. 

An Act to provide a further supply of water for the crrr of Qhap. 165 

CAMBRIDGE. 

Be it enacted, &c., as follows : 

Section 1. The city of Cambridge, for the purpose Cambridge to be 
of supplying said city and the inhabitants thereof with purl' wat^!' 
pure water for the extinguishment of tires, for domestic 
and other purposes, may take, hold and convey into and May take land, 
through said city the waters of Spy Pond, in the town of 
Arlington, and of Little Pond, in the town of Belmont, 
and of Wellington Brook, in said Belmont, and the waters 
that flow into said ponds or brook, or either of them ; 
may connect the same or any part thereof with Fresh Pond ; 
and may take and hold by purchase or otherwise such land 
on and around the margin of said ponds, including Fresh 
Pond, not exceeding five rods in width, as may be necessary 
for the preservation and purity of said waters, and may 
also take and hold in like manner such lands as may be 
necessaiy for erecting and maintaining dams and reservoirs, 
and for laying and maintaining conduits, pipes, drains 
and other works for collecting, conducting and distribut- 
ing said waters into and through said city, either by the 
way of Fresh Pond or otherwise : provided, however, that Proviso. 
said city shall not hereby acquire any right to take ice 
from either of said ponds, or to take land upon which any 
building or machinery is now erected, or which is used in 
connection with such building or machinery for the pur- 
pose of storing ice or for convenience in cutting, storing 
and moving ice, without the consent of the owner of said 
land and buildings or machinery, and shall not obstruct 
by ditches, buildings or other structures, the rights of such 
owners in the cutting, storing and moving of ice, except 
so far as the same shall result from the raising or lower- 
ing of the surface of the water of said ponds, or either of 
them, and except so far as is necessary for the preservation 
of the purity of the waters of said ponds ; but nothing in 
this act shall be construed to give additional rights to said 



732 



1875. — Chapter 165. 



To file in regis- 
try of deeds a 
description of 
the land taken. 



May build 
aqueducts and 
make reservoirs 



Roads entered 
upon in other 
towns to be 
done under 
direction of the 
selectmen. 



city to lower the surface of said Fresh Pond below the 
point now authorized by law. 

Section 2. Said city by its mayor shall within sixty 
days after taking any lands for the purposes of this act, 
file in the registry of deeds of the county and district in 
which such land lies, a description of the land so taken as 
certain as is required in a common conveyance of land. 

Section 3. Said city for the purposes aforesaid may 
build aqueducts, and maintain the same by any works 
suitable therefor ; may erect and maintain dams ; may 
make and maintain suitable reservoirs ; may make and 
establish such public fountains and hydrants as may from 
time to time be deemed proper, and may change or dis- 
continue the same; may regulate the use of water, and 
establish the price or rents to be paid therefor, and collect 
the same by process of law. Said city may also, for the 
purposes aforesaid, carry its pipes and drains over or 
under any water-course, street, railroad, highway or other 
w T ay, in such manner as not to obstruct the same ; and may 
enter upon and dig up such road, street or w 7 ay, for the 
purpose of laying down, maintaining or repairing pipes or 
drains, and may do any other things necessary and proper 
in executing the purposes of this act. 

Section 4. If said city enters upon and digs up, for 
the purposes aforesaid, any road, street or way which is 
outside of the limits of said city, it shall do so under the 
direction of the selectmen of the town in which said road, 
street or way is located, and shall restore said road, 
street or way to as good order and condition as it was in 
before such digging was commenced ; and the work shall 
be done in such manner, and with such care, as not to 
render any road, street or way in which such pipes are 
laid unsafe, or unnecessarily inconvenient to the public 
travel thereon. Said city shall at all times indemnify and 
save harmless any such town, which is liable to keep in 
repair any road, street or way aforesaid, against all dam- 
ages which may be recovered against it, and shall re- 
imburse to it all expense which it shall reasonably incur 
by reason of any defect or want of repair in such road, 
street or way caused by the maintenance, repairing or re- 
placing of said pipes, or by reason of any injury to per- 
sons or property caused by any defect or want of repair 
in any such pipes : provided, that said city has notice of 
any claim or suit for such damage or injury, and an 
opportunity to assume the defence thereof. 



1875.— Chapter 16G. 733 

Section 5. Said city shall be liable to pay all damages Liability of city 
sustained by any persons or corporations by the taking of, 
or injury to, any of their laud, water, water-rights, rights 
of way or property, or by the constructing of any aque- 
duct, reservoir or other works, for the purposes afore- 
said. If any person or corporation sustaining damages as 
aforesaid, cannot- agree with said city upon the amount of 
said damages, he may within three years from such taking 
or construction, have them assessed in the same manner 
as is provided by law with respect to land taken for high- 
ways. 

Section 6. All the rights, powers and authority given Powers to be 
to the city of Cambridge by this act shall be exercised by city or its 5 * e 
said city, subject to all duties, liabilities and restrictions a s ents - 
herein contained in such manner and by such ageuts, offi- 
cers and servants, as the city council shall from time to 
time ordain, direct and appoint. 

Section 7. Whoever wantonly or maliciously diverts Penalty for 
the water, or any part thereof taken or held by said city o/reVderfagit* 
pursuant to the provisions of this act, or corrupts the same, Impure - 
or renders it impure, or destroys or injures any dam, 
aqueduct, pipe, conduit, hydrant, machinery, or other 
works or property held, owned or used by said city under 
the authority and for the purposes of this act, shall forfeit 
and pay to said city three times the amount of the damages 
assessed therefor, to be recovered in an action of tort ; and 
on conviction of either of the wanton or malicious acts 
aforesaid, may also be punished by fine not exceeding 
three hundred dollars, or by imprisonment not exceeding 
one year in the house of correction in said county of 
Middlesex. 

Section 8. This act shall take effect upon its passage. 

Approved May 1, 1875. 

An Act to establish the city of pittsfield. Chan. 166 

Be it enacted, &c., as follows : 

Section 1. The inhabitants of the town of Pittsfield city of pittsfield 

... . ill-- i i established. 

shall continue to be a body politic and corporate, under 
the name of the city of Pittsfield, and as such shall have, 
exercise and enjoy all the rights, immunities, powers and 
privileges, and shall be subject to all the duties and obli- 
gations now incumbent upon and pertaining to, the said 
town, as a municipal corporation. 

Section 2. The administration of all the fiscal, pru- 
dential and municipal affairs of the said city, with the 



734 1875.— Chapter 166. 

Administration government thereof, shall be vested in one officer, to be 
ves a tfd ir in mayor called the mayor, one council of six, to be called the board 
and city council. f a i c i erm en, an d one council of eighteen, to be called the 
common council; which boards, in their joint capacity, 
shall be denominated the city council ; and the members 
thereof shall be sworn to the faithful performance of their 
respective duties. A majority of each board shall con- 
stitute a quorum for the transaction of business, and no 
member of either board shall receive any compensation for 
his services. 
Town to be Section 3. It shall be the duty of the selectmen of 

divided into six ... , . ,.. , , c ,-, . 

wards. said town, as soon as may be alter the passage ot this act 

and its acceptance as herein provided, to divide said town 
into six wards, so that they shall contain, as nearly as may 
be consistent w T ith well defined limits to each ward, an 
equal number of voters in each ward. The city council 

New divisions may, in the year eighteen hundred and eighty, and in 

CTery^yelis. every fifth year thereafter, make a new division of said 
wards, so that they shall contain, as nearly as may be con- 
sistent with well defined limits to each ward, an equal 
number of voters in each ward, according to the census to 
be taken in the month of May or June in said years. 

Annual election. Section 4. The election of city and ward officers shall 
take place on the first Tuesday of December, annually, 
and the municipal year shall begin on the first Monday of 
January following. 

Election of Section 5. On the first Tuesdav of December, annu- 

ward officers. ^ ^^ ^j b(J elected? by baUofcj in each f Said 

wards, a warden, clerk and three inspectors of elections, 
who shall be different persons, residents in the ward, who 
shall hold their offices one year, and until others shall be 

Ward meetings, elected and qualified in their stead. Said wardens shall 
preside at all ward meetings, with the powers of modera- 
tors at town meetings ; and if at any meeting the warden 
is not present, the clerk shall preside until a warden pro 
tempore is elected by ballot; if both the warden and clerk 
are absent, the senior in age of the inspectors present shall 
preside until a warden pro tempore is so elected ; and if all 
said officers are absent, any legal voter in said ward may 
preside until a Avarden pro tempore is so elected. When 
any ward officer is absent or neglects to perform his duty, 

cierk and in- his office shall be filled pro tempore. The clerk shall 
record all the proceedings and certify the votes, and 
deliver to his successor in office all the records, journals, 



1875.— Chapter 166. 735 

documents and papers held by him in his said capacity. 
The inspectors shall assist the warden in receiving, assort- 
ing and counting the votes. All of said officers shall be ward officers 
sworn to a faithful discharge of their duties, said oath to 
be administered by the clerk to the warden, and by the 
warden to the clerk and to the inspectors, or to either of 
said officers by any justice of the peace. Certificates of 
such oaths shall be made by the clerk upon the ward 
records. All warrants for meetings of the citizens for Meetings of 
municipal purposes, to be held either in wards or in gen- 
eral meetings, shall be issued by the mayor and aldermen, 
and shall be in such form, and served and returned in 
such manner, and at such times, as the city council shall 
direct. The compensation of the ward officers shall be 
fixed by concurrent vote of the city council. 

Section 6. The mayor shall be elected by the quali- Mayor to be 
fied voters of the city at large, voting in their respective atTar g e. yv ° 
wards, and shall hold his office for the municipal year 
next following his election, and until another shall have 
been elected and qualified in his place. 

Section 7. Six aldermen, one alderman being selected b^eiectedTy t0 
from each ward, shall be elected by the qualified voters voters at lar e e - 
of the city at large, voting in their respective wards, who 
shall hold their offices for the municipal year next follow- 
ing their election, and until a majority of the new board 
shall be elected and qualified in their places. 

Section 8. Three common councilmen shall be elected ^fdim^from 
by and from the voters of each ward, and shall at the each war- 
time of their election be residents of the wards respect- 
ively in which they are elected ; they shall hold their 
offices for the municipal year next following their election, 
and until a majority of the new board shall be elected and 
qualified in their places. 

Section 9. On the first Tuesday of December, annu- Election on first 
ally, the qualified voters in the several wards shall give in December, an- 
their votes, by ballot, for mayor, aldermen and common nually - 
councilmen, in accordance with the provisions of this act ; 
and all the votes so given, shall be assorted, counted, 
declared and recorded in open ward meeting, by causing 
the names of the persons voted for, and the number of 
votes given for each, to be written in the ward record at 
length. The clerk of the ward within twenty-four hours certificates of 
thereafter shall deliver to the persons elected members of e 
the common council, certificates of their elections, respect- 



736 



1875.— Chapter 166. 



Mayor elect to 
be notified by 
board of alder- 
men. 



New election to 
be had, if mayor 
elect refuses to 
accept office. 



Vacancy. 



Aldermen to be 
notified of elec- 
tion. 



Aldermen and 
councilmen to 
meet in conven- 
tion, first Mon- 
day of January, 
and be sworn. 



Common coun- 
cil to be organ- 
ized by choice 
of president and 
clerk. 



ively, signed by the warden and the clerk and a majority 
of the inspectors of elections, and shall deliver to the city 
clerk a copy of the record of such elections certified in 
like manner. The board of aldermen shall, within ten 
days thereafter, examine the copies of the records of the 
several wards, certified as aforesaid, and shall cause the 
person who shall have been elected mayor, to be notified 
in writing, of his election ; but if the person elected shall 
refuse to accept the office, the board shall issue warrants 
for a new election, and the same proceedings shall be had 
in all respects as are herein before provided for the elec- 
tion of mayor, and, from time to time, shall be repeated, 
until a mayor shall be elected and shall accept said office. 
In case of the decease, resignation or absence of the 
mayor, or of his inability to perform the duties of his 
office, or in case of a vacancy in the office of mayor from 
any cause, it shall be the duty of the board of aldermen 
and common council respectively, by vote, to declare that 
a vacancy exists, and the cause thereof; and thereupon 
the city council shall, b} r concurrent vote, elect a major 
to fill such a vacancy ; and the ma}'or thus elected shall 
hold his office until the inability causing such vacancy 
shall be removed, or until a new election. Each alder- 
man shall be notified in writing of his election by the 
mayor and aldermen for the time being. The oath pre- 
scribed by this act shall be administered to the mayor by 
the city clerk or by any justice of the peace. The alder- 
men and common councilmen elect, shall, on the first 
Monday of January, at ten o'clock in the forenoon, meet 
in convention, when the oath required by this act shall be 
administered to the members of the two boards present, 
by the mayor, or by any justice of the peace ; and a cer- 
tificate of such oath having been taken, shall be entered 
upon the journal of the mayor and aldermen and of the 
common council, by their respective clerks. After the 
oath has been administered as aforesaid, the two boards 
shall separate, and the common council shall be organized 
by the election of a president and clerk, to hold their 
offices respectively during the pleasure of the common 
council, the clerk to be sworn to the faithful performance 
of all the duties of his office ; and his compensation shall 
be fixed by concurrent vote of the city council. 

In case of the absence of the mayor elect on the first 
Monday of January, or if a mayor shall not then have 



1875.— Chapter 166. 737 

been elected, the city council shall organize itself in the city council to 

, • -i r • i l 1 l-i-l- organize in ab- 

nianner herein betore provided, and may proceed to busi- senceomon. 
ness in the same manner as if the mayor were present; mayor? ° 
and the oath of office may at any time thereafter, in con- 
vention of the two boards, be administered to the mayor, 
and any member of the city council who may have been 
absent at the organization. In the absence of the mayor, president of 

"h 1 f 1 1 

the board of aldermen may elect a presiding officer jjw menprotem.' 
tempore, who shall also preside at the joint meetings of 
the two boards. 

Each board shall keep a record of its own proceedings, Each board to 
and judge of the election of its own members ; and, in proceedings. 
case of vacancy in either board, the mayor and aldermen 
shall issue their warrants for a new election. 

Section 10. The mayor shall be the chief executive Mayor to be 
officer of the city. It shall be his duty to be active and offlLrofthe™ 
vigilant in causing the laws and regulations of the city to city * 
be enforced, and to keep a general supervision over the 
conduct of all subordinate officers; and he may, when- May remove 

, . • . ,i i .. t . officers of his 

ever in his opinion the public good may require, remove own appoint- 
any officer over whose appointment he has, in accordance ment " 
with the provisions of this charter, exercised the power of 
nomination. He may call special meetings of the boards May can special 
of aldermen and common council, or either of them, when boardsf sof 
in his opinion the interests of the city require it, by caus- 
ing notice to be left at the usual place of residence of 
each member of the board or boards to be convened. He 
shall from time to time communicate to both boards such 
information, and recommend such measures, as the busi- 
ness and interests of the city may in his opinion require. 
He shall, when present, preside in the board of aldermen To preside in 
and in convention of the two boards, but shall have a cast- men and fawm. 
ing vote only. His salary shall be fixed by the city coun- ventkm - 
cil, and shall be payable at stated periods, but shall not 
be increased or diminished during the year for which he is 
elected. He shall receive no other compensation. 

Section 11. Every ordinance, order, resolution or ordinances, 
vo f e, tb which the concurrence of the board of aldermen be C prese C nted t°o 
antrof the common council of said city may be necessary ™ P a provau r 
(except on a question of a convention of the two branches, 
or the election of an officer), and every order of either 
branch of the city council, involving an expenditure of 
money, shall be presented to the mayor of the city. If 
he approves thereof, he shall signify his approval by sign- 

20 



738 1875.— Chapter 166. 

may°o?.° wer ° f * n S the same ; but if he does not approve thereof, he shall 
return the ordinance, order, resolution or vote, with his 
objections in writing, to the branch of the city council in 
which it originated. Such branch shall enter the objections 
of the mayor, at large, on its, records, and proceed to 
reconsider said ordinance, order, resolution or vote ; and 
if, after such reconsideration, two-thirds of that branch 
present and voting, notwithstanding such objections, agree 
to pass such ordinance, order, resolution or vote, it shall, 
together with the objections of the mayor, be sent to the 
other branch of the city council (if it originally required 
concurrent action) where it shall also be reconsidered ; 
and if approved by two-thirds of the members present 
and voting, it shall be in force ; but in all cases the vote 
shall be determined by yeas and nays ; and if such ordi- 
nance, order, resolution or vote is not returned by the 
mayor within ten days after it has been presented to him, 
the same shall be in force : provided, that if any ordinance, 
order, resolution or vote embraces distinct subjects, the 
mayor may approve the provisions relating to one or more 
of the subjects and not approve of the others ; and so 
much of said ordinance, order, resolution or vote as the 
mayor may not approve shall be reconsidered as above 
provided. 

powe^Tested in Section 12. The executive power of said city gener- 

jJSderme£ d a lty' w ^h a ^ the powers heretofore vested by special 
statute in the selectmen of the town of Pittsfield, and in 
the selectmen of towns generally by the laws of the 
Commonwealth, shall be vested in and exercised by the 
mayor and aldermen as fully as if the same were herein 

constables and specially enumerated. The mayor and aldermen shall 
have full and exclusive power to appoint a constable or 
constables, a city marshal or chief of police, with all the 
powers and duties of a constable, and all other police and 
all subordinate officers whose election is not herein pro- 
vided for, and the same to remove at pleasure ; and they 
may require any person who may be appointed a consta- 
ble, city marshal or chief of police of the city, to ^'ve 
bonds for the faithful discharge of the duties of the o.Mce, 
with such security and to such an amount as they ma} , 
deem reasonable and proper ; upon which bonds the like 
proceedings and remedies may be had as are by law pro- 
vided in case of constables' bonds taken by selectmen of 
towns. The compensation of the police and other subor- 



police officers. 



1875.— Chapter 166. 739 

dinate officers shall be fixed by concurrent vote of the city 
council. The city council shall have the care and super- city council to 
intendence of the city buildings, and the custody and pubiicproperty. 
management of all city property, with power to let what 
may be legally let, and to sell or purcha'se property, real 
or personal, in the name and for the use of the city, 
whenever its interests or convenience may in their judg- 
ment require it ; and they shall, as often as once a year, 
cause to be published for the use of the inhabitants, a 
particular account of the receipts and expenditures, and a 
schedule of city property and of the cit} r debt. 

Section 13. In all cases in which appointments are Appointments 

t i i tii ill ,i made by mayor 

directed to be made by the mayor and aldermen, the and aldermen. 

mayor shall have the exclusive power of nomination, 

being subject, however, to confirmation or rejection by the 

board of aldermen ; and no person shall be eligible, by 

appointment or election by the mayor and aldermen or 

city council, to any office of emolument the salary of 

which is payable out of the city treasury, who at the time 

of such appointment or election shall be a member of the 

board of aldermen or of the common council. All sit- sittings to be 

tings of the mayor and aldermen, of the common council 

and of the city council, shall be public except the sittings 

of the mayor and aldermen when they are engaged in 

executive business. 

Section 14. The citv council shall annually, as soon Election of city 

/..,,. ... •, . t . i clerk, city 

alter their organization as may be convenient, elect by solicitor, etc. 
joint ballot in convention, a treasurer, a collector of taxes, 
and a city clerk, and by concurrent vote, may elect one or 
more persons to be superintendents of streets and high- 
ways, a city physician, a city solicitor and city auditor, 
who shall hold their offices for the term of one year next 
ensuing, and until others shall be elected and qualified in 
their stead : provided, however, that either of the officers 
named in this section may be removed at any time by the 
city council for sufficient cause. Vacancies occurring in vacancies. 
the above-named offices may be filled at any time. The 
compensation of the officers mentioned in this section 
shall be fixed by concurrent vote of the city council. 

Section 15. The city clerk shall also be clerk of the city cierk to be 
board of aldermen, and shall be sworn to the faithful per- of aldermen. 
formance of his duties. He shall perform such duties as 
shall be prescribed by the board of aldermen, and he shall 
perform all the duties and exercise all the powers incum- 



740 



1875.— Chapter 166. 



Fire depart, 
merit. 



Officers and 
members to be 
appointed by 
mayor and 
aldermen. 



City council 
may establish 
fire limits within 
the city. 



Overseers of the 
poor to be 
elected by con- 
current vote. 



bent by law upon him. He shall deliver to his successor 
in office, as soon as chosen and qualified, all the records, 
journals, documents and papers held by him in his said 
capacity. 

Section 16. The city council may establish a fire 
department for said city, to consist of a chief-engineer, 
and of as many assistant-engineers, engine-men, hosemen, 
hook-and-ladder-men, and assistants, as the city council, 
by ordinance, shall from time to time prescribe ; and said 
council shall have authority to fix the time of their ap- 
pointment, and the term of their service, to define their 
office and duties, and in general to make such regulations 
concerning the pay, conduct and government of such 
department, the management of fires, and the conduct of 
persons attending fires, as they may deem expedient, and 
may affix such penalties for any violation of such regula- 
tions, or any of them, as are provided for the breach of 
the ordinances of said city. The appointment of all the 
officers and members of such department shall be vested 
in the mayor and aldermen exclusively, who shall also 
have authority to remove from office any officer or mem- 
ber, for cause, in their discretion. The engineers so 
appointed shall be the firewards of the city, but the mayor 
and aldermen may appoint additional firewards. The 
compensation of the department shall be fixed by concur- 
rent vote of the city council. 

Section 17. The city council shall have power to 
establish fire limits within the city, and from time to time 
change or enlarge the same ; and by ordinance they may 
regulate the construction of all buildings erected within 
said fire limits, stipulating their location, sizes and the mate- 
rial of which they shall be constructed, together with such 
other rules and regulations as shall tend to insure the same 
from damage by fire. They shall also have the sole care, 
superintendence and management of the public grounds 
belonging to said city, and of all the shade and ornamen- 
tal trees standing and growing thereon, and also of all the 
shade and ornamental trees standing and growing in- or 
upon any of the public streets and highways of said city. 

Section 18. The city council shall annually, as soon 
after their organization as may be convenient, elect by 
concurrent vote, six persons to be overseers of the poor, 
one from each ward, who shall be resident therein at the 
time of their election, and who shall hold their offices for 



1875.— Chapter 166. 741 

the municipal year next following their election, and until 
a majority of the new board shall be elected in their place, 
and shall have accepted, unless sooner removed. The per- 
sons so elected shall, with the mayor, constitute the board 
of overseers of the poor. The mayor shall be ex officio Mayor to be 
chairman of the board. Vacancies occurring in the board vacancies. 
may be tilled by the city council at any time ; the mem- 
bers so elected to hold office only for the unexpired term 
of the member who has ceased to hold office. The city 
council may at any time remove any elected member of 
the said board from office for cause. The compensation compensation. 
of the overseers of the poor shall be fixed by concurrent 
vote of the city council. 

Section 19. The city council shall annually, as soon Assessors of 
after their organization as may be convenient, elect by eiected°by e con. 
concurrent vote three persons to be assessors of taxes, current vote< 
one for three years, one for two years, and one for one 
year; and thereafter the city council shall annually, as 
soon after their organization as may be convenient, elect 
in the same manner, one person who shall hold office for 
the term of three years next ensuing, and until another 
shall be elected and qualified in his stead. The persons so 
elected shall constitute the board of assessors, and shall 
exercise the powers, and be subject to the liabilities and 
duties of assessors in towns. Vacancies occurring in the vacancies. 
board may be filled by concurrent vote of the city council 
at any time, the member so elected to hold office only for 
the unexpired term of the member who has ceased to 
hold 'office. All taxes shall be assessed, apportioned and 
collected in the manner prescribed by law : provided, 
however, that the city council may establish further or 
.additional provisions for the collection thereof. The com- Compensation. 
pensation of the assessors shall be fixed Ivy the concurrent 
vote of the city council. 

Section 20. The city council may annually, as soon Assistant 
after their organization as may be convenient, elect by as 
concurrent vote, one person from each ward to be an 
assistant assessor ; and it shall be the duty of the persons 
so elected to furnish the assessors with all necessary infor- 
mation relative to persons and property taxable in their 
respective wards, and they shall be sworn to the faithful 
performance of their duty. Vacancies occurring may be Vacancies. 
filled by concurrent vote of the city council at any time. 
The compensation of the assistant assessors shall be fixed 
by concurrent vote of the city council. 



7i2 



1875. — Chapter 166. 



School commit- 
tee to be elected 
by voters at 
larsre. 



Mayor to be 
chairman of 
board. 



Vacancies. 



City and ward 
officers to con- 
tinue in office 
if they remove 
from ward. 



Payments from 
treasury. 



Section 21. The school committee of the city shall 
consist of the mayor, the president of the common council, 
and twelve other persons, two of whom shall be selected 
from each ward, and they shall be elected by the qualified 
voters of the city at large, voting in their respective wards. 
On the lirst Tuesday of December next after the acceptance 
of this act, there shall be chosen members of the com- 
mittee from wards one and two, to serve for the term of 
three years, commencing on the first Monday of January 
then next ensuing, from wards three and four, members to 
serve for the term of two years commencing on the first 
Monday of January then next ensuing, and for wards five 
and six, members to serve for the term of one year com- 
mencing on the first Monday of January then next ensu~ 
ing ; and at each subsequent election there shall be elected 
four members of the school committee to hold their office 
for the term of three years as successors of, and from the 
same wards as, those whose term of office expires at the 
expiration of the then municipal year. The school com- 
mittee shall serve without compensation. The mayor shall 
be ex officio chairman of the board, and shall have a cast- 
ing vote. The committee may elect from their own num- 
ber a chairman, who shall preside in the absence of the 
mayor. The said committee shall appoint, from their own 
number, or otherwise, a secretary, to be under the direc- 
tion and control of said committee, and may appoint, but 
not from their own number, a superintendent of the 
schools, and the compensation of such secretary and 
superintendent shall be determined from year to year by 
the school committee, who may remove such secretary or 
superintendent. Vacancies occurring in the board may be 
filled by the joint ballot of the city council and school 
committee at any time, in convention, the member so 
elected to hold office only for the remainder of the muni- 
cipal year. 

Section 22. All city and ward officers shall be held to 
discharge the duties of the offices to which they have been 
respectively elected, notwithstanding their removal after 
their election out of their respective wards into any other 
wards of the city ; but a removal of residence out of the 
city shall cause a vacancy to exist in the offices to which 
they were elected. 

Section 23. The city council shall take care that no 
money is paid from the treasury unless granted or appro- 



1875.— Chapter 166. 743 

priated, and shall secure a just and proper accountabil- 
ity, by requiring bonds with sufficient penalties and sure- 
ties from all persons entrusted with the receipt, custody 
or disbursement of money. 

Section 24. The city council shall have exclusive city council to 
authority and power to lay out any new street or town way, and'estimate " 
and to estimate the damages any individual may sustain dama s es - 
thereby ; but all questions relating to the subject of laying 
out, accepting, altering or discontinuing any street or way, 
shall first be acted upon by the mayor and aldermen, and 
any person dissatisfied with the decision of the city council 
in the estimate of damages may make complaint to the 
superior court or the county commissioners of the county 
of Berkshire in term time or vacation, within one year 
after such decision, whereupon the same proceedings shall 
be had as are now provided by law in cases where persons 
are aggrieved by the assessment of damages by selectmen, 
in the forty-third chapter of the General Statutes, and 
acts in amendment thereof. 

Section 25. The city council may make ordinances, inspection and 
with suitable penalties, for the inspection, survey, meas- be^wood.'etc. 
urement and sale of lumber, wood, hay, coal and bark 
brought into or exposed in said city for sale, and shall 
have the same powers as the town had in reference to the 
suspension of the laws for the protection and preservation 
of useful birds, and of all other laws, the operation or sus- 
pension of which is subject to the action of the town 
thereon. The city council may also make all such salutary ordinances and 
and needful ordinances or by-laws as towns, by the laws y ' aw8- 
of this Commonwealth, have power to make and establish, 
and to annex penalties not exceeding twenty dollars, for 
the breach thereof; which by-laws shall take effect and be 
in force from and after the time therein respectively 
limited, without the sanction of any court : provided, how- 
ever, that all by-laws and regulations in force in said town, 
shall remain in force until they expire by their own limita- 
tion, or are revised or repealed by the city council. All 
fines and forfeitures for the breach of any by-law or ordi- 
nance shall be paid into the city treasury. And any com- 
plaint for any violation thereof may be made by the mayor, 
city clerk, city treasurer, city marshal, or chief of police. 

Section 26. All elections of national, state, county Election of 
and district officers who are voted for by the people, shall county and dis. 
be held at meetings of the citizens qualified to vote at such trictofficers - 



744 



1875.— Chapter 166. 



Lists of voters 
to be made by 
mayor and 
aldermen. 



General meet- 
ings of citizens. 



Powers of board 
of health to be 
vested in mayor 
and aldermen. 



Laws in force in 
town to continue 
until repealed. 



Laws concern- 
ing tire district 
to continue in 
f orce. 



elections in their respective wards, at the time fixed by law 
for these elections respectively. 

Section 27. Prior to eveiy election, the mayor and 
aldermen shall make out lists of all the citizens of each 
ward qualified to vote in such elections, in the manner 
provided by law ; and, for that purpose, they shall have 
full access to the assessors' books and lists, and are em- 
powered to call for the assistance of the assessors, assist- 
ant assessors, and other city officers ; and they shall 
deliver the lists so prepared and corrected to the clerks of 
the several wards, to be used at such elections ; and no 
person shall be entitled to vote whose name is not borne 
on such list. 

Section 28. General meetings of the citizens qualified 
to vote, may, from time to time, be held to consult upon 
the public good, to instruct their representatives, and to 
take all lawful means to obtain redress for any grievances, 
according to the rights secured to the people by the con- 
stitution of this Commonwealth. And such meetings 
may, and upon the request, in writing, setting forth the 
purposes thereof, of fifty qualified voters, shall be duly 
warned by the mayor and aldermen. 

Section 29. All power and authority now vested by 
law in the board of health for said town, or in the select- 
men thereof, shall be transferred to and vested in the 
mayor and aldermen, until the city council shall otherwise 
provide, who shall have authority to establish a board of 
health. 

Section 30. All general laws in force in the town of 
Pittsfield when the act shall be accepted as hereinafter 
provided, and all special laws heretofore passed with 
reference to said town of Pittsfield and which shall then 
have been duly accepted by said town, and which shall 
be then in force therein shall, until altered, amended or 
repealed, continue in force in the city of Pittsfield, so far 
as the same are consistent with this act. 

Section 31. All special laws heretofore passed con- 
cerning the fire district in the town of Pittsfield, which 
shall be in force in said fire district when this act shall be 
accepted as is hereinafter provided, shall, so far as the 
same are consistent with this act, be extended to, and be 
and continue in force in the city of Pittsfield until altered, 
amended or repealed. And all officers required or author- 
ized in such special laws to be chosen by said fire district 



1875.— Chapter 166. 745 

shall, except as is hereinafter otherwise provided, there- 
after be officers of said city, and their successors shall 
from time to time be chosen or appointed by the city 
council. 

Section 32. Upon the first day of January next after when fire dis. 
the acceptance of this act as is hereinafter provided, the dissolved, e 
fire district in said town shall be dissolved, and its powers 
and privileges and duties and liabilities shall vest in and 
be assumed and discharged by the said city of Pittstield ; 
provided, that the said district shall, as to its creditors, 
continue liable to pay all its existing debts, and to perform 
all legal contracts. 

The property of said fire district shall, upon the first ^°{?^ ty of fire 
day of January after the acceptance of this act, be valued 
by the county commissioners of said county of Berkshire, 
on the application of any citizen of said town, and if the 
amount of the valuation shall fall short of the debts and 
liabilities of the district, a tax shall be assessed for the 
deficiency, at such time and in such manner as the city 
council shall order, upon the polls and estates of the terri- 
tory now comprised in said fire district ; and if the amount 
of such valuation shall exceed the said debts and liabilities 
of the district, such excess shall be allowed upon and de- 
ducted from the city taxes then next assessed upon the 
inhabitants of such fire district, in the proportions severally 
assessed upon them in the tax lists by the assessors. 

Section 33. So much of chapter one hundred and ? epe ^ n £? o £„ 

• i ■ i li-iT tlon of 1867, 132. 

thirty-two or the acts ot the year eighteen hundred and 
sixty-seven, entitled "An Act relating to sidewalks, com- 
mon sewers and main drains in the fire district in the town 
of Pittstield," as provides for the election of a board of 
commissioners of sidewalks, common sewers and main 
drains in said fire district, shall, upon the acceptance of 
this act as herein before provided, be repealed ; and all the 
jurisdiction, powers and authority conferred in said act upon 
said board of commissioners shall be vested in the mayor 
and aldermen of the city of Pittstield, except the collection 
of assessments, fines and penalties provided for in said act ; 
and such collection shall be made by the collector of taxes 
of said city. All provisions of law applicable to the col- 
lection of city, county and state taxes shall apply to the 
collection of assessments under said act. 

Section 34. All acts and parts of acts inconsistent Repeal. 
with this act, are hereby repealed : provided, however, 

21 



746 1875.— Chapter 106. 

that the repeal of the said acts shall not affect any act 
clone, or any right accruing, or accrued or established, or 
any suit or proceeding had or commenced in any civil case 
before the time when such repeal shall take effect, and that 
no offence committed and no penalty or forfeiture incurred 
under any act hereby repealed, and before the time when 
such repeal shall take effect, shall be affected by the re- 
peal, and that no suit or prosecution pending at the time 
of said repeal, for any offence committed or for the 
recovery of any penalty or forfeiture incurred under said 
act, shall be affected by said repeal ; and provided, also, 
that all persons who at the time of said repeal taking 
effect shall hold any office under the said acts, shall con- 
tinue to hold the same until the organization of the city 
government contemplated by this charter shall be com- 
pletely effected. 
KedTonof Section 35. For the purpose of organizing the system 
city officers. f government hereby established, and putting the same 
in operation in the first instance, the selectmen of the town 
of Pittsfield for the time being, shall issue their warrants 
seven days at least previous to the first Tuesday of 
December next after the acceptance of this act, calling 
meetings of the citizens of each ward on that day, at such 
place and hour as they may deem expedient, for the pur- 
pose of electing a warden, clerk and inspectors for each 
ward, and all other officers whose election is provided for 
in the preceding sections of this act ; and the transcripts 
of the records in each ward, specifying the votes given 
for the several officers aforesaid, certified by the warden 
and clerk of the ward at said first meeting, shall be re- 
turned to said selectmen, whose duty it shall be to examine 
and compare the same and give notice thereof in the manner 
before provided to the several persons elected. At said 
first meeting, a list of voters in each ward, prepared and 
corrected by the selectmen for the time being, shall be 
delivered to the clerk of each ward, when elected, to be 
used as herein before provided. After the election of the • 
city officers as aforesaid, the selectmen shall appoint a 
place for their first meeting, and shall, by written notice 
left at the place of residence of each member, notify them 
thereof. It shall be the duty of the city council, imme- 
diately after the first organization, to carry into effect the 
several provisions of this act. 



1875.— Chapters 167, 168. 747 



Section 36. This act shall be void unless the inhabi- subjecttoac 
tants of the town of Pittsfield, at a legal meeting called for majority vote. 
that purpose, to be held within two years from the passage 
of this act, shall, by a vote of a majority of the voters 
present, voting thereon as hereinafter provided, determine 
to adopt the same. At said meeting the votes shall be 
taken by written or printed ballots, and the polls shall be 
kept open not less than six hours. The selectmen shall 
preside in said meeting, and in receiving said ballots shall 
use the check lists in the same manner as they are used in 
the elections of state officers. And if at any such meeting 
this act shall not be accepted, the same shall not be again 
submitted to the vote of said inhabitants at any subsequent 
meeting held within four months from the elate of the 
prior meeting. 

Section 37. This act shall take effect upon its passage. 

Approved May 1, 1875. 

An Act concerning the challenging of jurors in criminal Q/ian. 167 

CASES. * ' 

Be it enacted, &c, as follows: 

Section 1. In all criminal causes, in addition to the Right of com- 
challenges now provided for when the offence charged is a peremptorily 
capital offence, or may be punished by imprisonment for inerm^ a | uror8 
life, the Commonwealth shall be entitled before the trial casts - 
commences to challenge peremptorily twenty-two of the 
jurors from the panel called to try the cause. On the trial 
for any other offence the Commonwealth shall be entitled, 
in like manner, to challenge peremptorily two of the jurors 
from the panel called to try the cause. 

Section 2. Chapter one hundred and fifty-one of the Repeal of i_869, 
acts of the year eighteen hundred and sixty-nine, and sec- 317,' §2. 
tion two of chapter three hundred and seventeen of the 
acts of the year eighteen hundred and seventy-three, are 
hereby repealed. 

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

Approved May 1, 1875. 

AN ACT TO AMEND CHAPTER ONE HUNDRED AND SEVENTY-SEVEN OF QJia/n.168 
THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND SEVENTY-TWO, 
AUTHORIZING THE CITY OF BOSTON TO OBTAIN AN ADDITIONAL 
SUPPLY OF PURE WATER. 

Be it enacted, &c., as follows: 

Section 1. Section four of chapter one hundred and ^"m^V 
seventy-seven of the acts of the year eighteen hundred 
and seventy-two, is hereby amended by adding after the 



748 



1875.— Chapters 169, 170, 171. 



May flow lands 
to same extent 
as mill-owners 
are authorized. 



word " pond" in the eleventh line the words, " or the inhabi- 
tants of the town of Hopkinton, from taking from the 
Sudbury River and its tributaries." 

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

Approved May 1, 1875. 

Chap. 169 An Act to change the name of the north bridgewatek union 

CEMETERY CORPORATION. 

Be it enacted, &c, as follows : 
Name changed. Section 1. The name of the North Bridgewater Union 
Cemetery Corporation is hereby changed to the Brockton 
Union Cemetery. 

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

Approved May 1, 1875. 
Chap. 170 An Act to amend chapter three hundred seventy-seven 

OF THE ACTS OF THE YEAR EIGHTEEN HUNDRED SEVENTY- 
FOUR, ENTITLED " AN ACT TO INCORPORATE THE BARRE FALLS 
RESERVOIR COMPANY." 

Be it enacted, &c., as follows : 

Section 1. The corporation authorized to be created 
by chapter three hundred and seventy-seven of the acts 
of the year eighteen hundred and seventy-four entitled 
"An Act to incorporate the Barre Falls Reservoir Com- 
pany" may, for the purpose of raising a head of water in 
its reservoir, flow any lands to the same extent as mill- 
owners are authorized to flow land under the statutes of 
the Commonwealth ; and any person whose property is 
injured thereby shall have the same remedies as are pro- 
vided for parties injured by flowage under the provisions 
of chapter one hundred and forty-nine of the General 
Statutes. 

Section 2. The city of Springfield may take and hold 
stock in said corporation, and said reservoir shall be 
deemed to be a compensating dam and reservoir within the 
provisions of chapter seventy-five, sections two and three, 
of the acts of the year eighteen hundred and seventy-three. 

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

Approved May 1, 1875. 

Chan 171 ^ N ^ CT TO MAKE THE seventeenth day of june, in the year 

"' EIGHTEEN HUNDRED AND SEVENTY-FIVE, A LEGAL HOLIDAY. 

Be it enacted, &c., as follows : 

June n, 1875, to Section 1. The seventeenth day of June, in the year 

hoifdaf? 1 pubh ° eighteen hundred and seventy-five, is hereby made a 

legal public holiday, to all intents and purposes, in the 

same manner as Thanksgiving, Fast and Christmas days, 



City of Spring, 
field may take 
stock in corpo- 
ration. 



1875.— Ciiapteks 172, 173. 740 

the twenty-second day of February and the fourth day of 
July, are now by law made public holidays. 

Section 2. Nothing in this act shall be construed as Not to be a hoii- 
making said seventeenth day of June a legal holiday after pr 1sentyear. 
said year. 

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

Approved May 1, 1875. 

An Act to amend chapter three hundred four of the acts of Qhap. 172 

THE YEAR EIGHTEEN HUNDRED AND SEVENTY, CONCERNING THE 
PRESERVATION OF BIRDS, BIRDS' EGGS AND DEER. 

Be it enacted, &c, as follows: 

Section 1. It shall not be lawful to take or kill any Biackduckor 
black duck or teal between the first day of April and the kmed'bVtweln 
first day of September of each year. sept!i. and 

Section 2. So much of section three of chapter three Repeal. 
hundred and four of the acts of the year one thousand 
eight hundred and seventy as is inconsistent with this act, 
is hereby repealed. Approved May 1, 1875. 

An Act to revise and consolidate the charter of the city of Qhap. 1 73 

LOWELL. 1 ' 

Be it enacted, &c, as follows : 

Section 1. The inhabitants of the city of Lowell, for city charter of 
all the purposes for which cities and towns are by law in- anoTconsoU- 6 
corporated in this Commonwealth, shall continue to be one dated- 
body-politic, in fact and in name, under the style and 
denomination of the city of Lowell ; and, as such, shall 
have, exercise and enjoy all the rights, immunities, powers 
and privileges, and shall be subject to all the duties and 
obligations now incumbent upon and appertaining to said 
city as a municipal corporation, except so far as the same 
may be modified by the provisions of this act. 

Section 2. The administration of the fiscal, pruclen- Administration 
tial and municipal affairs of said city, with the government aff^rs^eTted in 
thereof, shall be vested in one principal officer, styled the com 1 cii. and " ty 
mayor, one select council of eight, to be called the board 
of aldermen, and one council of not less than two nor 
more than four from each ward, to be called the common 
council; and the board of aldermen and the common coun- 
cil, in their joint capacity, shall be denominated the city 
council ; and the members thereof shall be sworn to the 
faithful discharge of their duties. A majority of each 
board shall constitute a quorum for the transaction of 
business. No member of the city council, except the 
mayor, shall receive any compensation for his services. 



750 



1875.— Chapter 173. 



Annual election 
to take place on 
second Tuesday 
of December. 



May make new 
division of 
wards every 
tenth year. 



Provisos. 



Election of 
ward officers. 



Ward meetings. 



When officer is 
absent, his 
office may be 
tilled pro 
tempore. 



Section 3. The election of municipal officers shall 
take place on the second Tuesday of December, annually ; 
and the municipal year shall begin on the first Monday of 
January following. 

All meetings of the citizens, for municipal purposes, 
shall be called by warrants issued by the mayor and alder- 
men, which shall be in such form, and be served, executed 
and returned in such manner and at such time as the city 
council may by ordinance direct. 

Section 4. In the year eighteen hundred and seventy- 
five, and in every tenth year thereafter, but not oftener, the 
city council may make a new division of the city into such 
number of wards as they may determine, and may increase 
or diminish the number of common councilmen to which the 
several wards shall be entitled during the succeeding decen- 
nial period : provided, that the number of wards shall not 
be less than six nor more than twelve ; and provided , fur- 
ther, that the number of common councilmen shall not be 
less than two nor more than four from each ward ; and 
each ward shall be entitled to an equal number of common 
councilmen with every other ward. Every new division 
of the city into wards shall be made in such manner as to 
include an equal number of voters in each ward, as nearly 
as conveniently may be, consistently with well-defined 
limits to each ward ; and until a new division is made, the 
boundary lines of the wards shall remain as now established. 

Section 5. On the second Tuesday of December, 
annually, there shall be elected by ballot, in each of said 
wards, a warden, clerk and three inspectors of elections, 
who shall be different persons, residents of the ward, and 
who shall hold their offices one year and until others shall 
be elected and qualified in their stead. Said wardens shall 
preside at all ward meetings, with the power of moderators 
of town meetings ; and if at any meeting the warden is 
not present, the clerk shall preside until a warden pro 
tempore is elected ; if both the warden and clerk are 
absent, either of the inspectors present may preside until 
a warden pro tempore is elected ; and if all said officers are 
absent, any legal voter in said ward may preside until a 
warden pro tempore is elected. When any ward officer 
is absent or neglects to perform his duty, his office shall 
be filled pro tempore by ballot, or by nomination and 
hand vote as a majority of the voters present shall deter- 
mine. The clerk shall record all the proceedings and 



1875.— Chapter 173. 751 

certify the votes, and deliver to his successor in office all 

the records, journals, documents and papers held by him 

in his said capacity. The inspectors shall assist the warden 

in receiving, sorting and counting the votes. All said ^Iwl'rn? 8 10 

officers shall be sworn to a faithful discharge of their 

duties, the oath to be administered by the clerk to the 

warden, and by the warden to the clerk and the inspectors ; 

or to either of said officers by any officer authorized to 

administer oaths. Certificates of such oaths shall be made 

by the clerk upon the ward records. 

Section 6. The mayor and aldermen shall be elected %£££££■£ 
bv the legal voters of the city at large, and shall hold elected by voters 
office from the first Monday of January next succeeding 
their election to the first Monday of the following January. 

Section 7. The members of the common council shall ^ i ° I " 1 ™ t " c b ° e un " 
be elected from and by the legal voters of the wards in elected from 
which they reside at the time of their election, and shall residence. 
hold office from the first Monday of January next succeed- 
ing their election to the first Monday of the following 
January. 

Section 8. Whenever any person elected mayor, alder- if mayor, etc., 

.. liiT /» ., refuses to accept 

man or common councilman, shall die, remove from the office, etc., new 
city, or refuse in writing, addressed to the mayor or board ordered. ° 
of aldermen for the time being, to accept the office before 
entering upon the discharge cf his duties, the board of 
aldermen may make a record of the fact, and thereupon the 
mayor and board of aldermen issue their warrant for 
an election to fill such vacancy, to be held at such time as 
they shall deem advisable ; and the same proceedings may vacancy. 
be had to till any vacancy in either of said offices caused 
by death, resignation or otherwise, after the commence- 
ment of the municipal year, and any vacancy so filled shall 
be for the full term, or for the remainder of the unexpired 
term. 

Section 9. All municipal officers shall be held to dis- officers to con 
charge the duties of the offices to which they have been charge duties 
respectively elected, notwithstanding their removal after from ward! 3 
their election out of their respective wards into any other 
wards of the city ; but a removal of residence out of the 
city shall cause a vacancy to exist in the offices to which 
they were elected. 

Section 10. On the second Tuesday of December, Annual election 

ii i fn • i -i of municipal 

annually, the qualified voters shall, in their several wards, officers. 
give in their votes by ballot for mayor, aldermen, common 



752 



1875.— Chapter 173. 



Mayor, alder- 
men, and com- 
mon council to 
meet in conven- 
tion on first 
Monday of Jan- 
uary, and be 
sworn. 



Mayor to pre- 
side at meetings 
of board of 
aldermen and in 
convention. 



councilmen and members of the school committee, in 
accordance with the provisions of this act ; and all the 
votes so given in shall be sorted, counted, declared and 
recorded in open ward meeting, by causing the names of 
persons voted for, and the number of votes for each, to be 
written in the ward record at length, and a transcript of 
such record, certified and authenticated by the warden, 
clerk and a majority of inspectors of elections for each 
ward, shall be forthwith transmitted or delivered by such 
ward clerk to the city clerk, who shall forthwith enter 
such returns, or a plain and intelligible abstract of them, 
as they are successively received, upon the journal of the 
proceedings of the board of aldermen, or some other book 
to be kept for that purpose. And the mayor and alder- 
men shall meet together within three days after such 
election, and examine and compare all the said returns, 
and ascertain what persons shall have been elected to the 
offices aforesaid; but if on said examination, or after a 
recount of the votes for any of said offices in the manner 
provided by law, such elections shall not be complete, the 
mayor and aldermen shall issue their warrants for meetings 
in such wards as shall have failed to complete their elec- 
tions ; and the same proceedings shall be had in all respects 
as are herein before directed, until such persons shall be 
chosen. All persons who may be elected to the offices 
named in this section shall be notified by the mayor and 
aldermen within two days after the fact shall be ascer- 
tained. 

Section 11. The mayor, aldermen and common coun- 
cil shall meet in convention, on the first Monday of Jan- 
uary in each year, at nine o'clock in the forenoon, and 
shall be sworn to the faithful discharge of their duties. 
After the oaths shall be taken, the two boards shall sepa- 
rate, and the common council shall be organized in the 
manner hereinafter provided. In case either of said offi- 
cers is not present on said first Monday of January, said 
oath may be administered at any time thereafter in con- 
vention of the two boards. In all cases a record of such 
oaths having been taken shall be entered in the journal of 
the proceedings of the board of aldermen, and of the 
common council, by their respective clerks. 

Section 12. The mayor may preside at all meetings 
of the board of aldermen, and at the conventions of the 
city council, and shall be entitled to vote only when the 



1875.— Chaptek 173. 753 

other members present and voting are equally divided : 
provided, that he shall not vote upon the question of the 
confirmation of a nomination made by him. The board of 
aldermen shall elect one of their members to preside when 
the mayor does not preside, who shall be called the chair- 
man of the board of aldermen, who shall hold office during 
the municipal year for which he is elected, unless sooner 
removed by the board of aldermen. In the absence of 
both the mayor and chairman of the board of aldermen, the 
aldermen shall elect one of their members as chairman for the 
time being. In the absence of the mayor the chairman of 
the board of aldermen shall preside at all conventions of 
the city council. All meetings of the board of aldermen 
shall be public when they are not engaged in executive 
business. The board of aldermen shall be the final judges 
of the election and qualifications of their own members. 

Section 13. Whenever, in consequence of the death vacancy in 

,. r. ,i n ,, ,i office of mayor. 

or resignation ot the mayor, or trom any other cause, the 
office shall have become vacant, and the board of aldermen 
and common council shall each have declared by vote that 
the office is vacant, and that it is expedient to fill it, the 
board of aldermen shall issue warrants for the election of 
a mayor for the remainder of the term for which the last 
mayor was elected, and the same proceedings shall be had 
as are provided by law for the choice of a mayor by the 
inhabitants. Until such vacancy is filled as aforesaid, and 
whenever the mayor, from absence, illness, or other tem- 
porary disability cannot perform the duties of the office, 
and such vacancy or disability has been declared by the 
board of aldermen to exist, the chairman of the board of 
aldermen shall exercise the powers and perform the duties 
of mayor as long as such vacancy or disability continues ; 
but while so acting he shall not vote except when the other 
members of the board present and voting on any question 
are equally divided. 

Section 14. The persons chosen and qualified as Common coun. 
members of the common council shall sit and act together Led by^eotion 
as a separate body, distinct from that of the board of ° 1 f e I ^ 8ident and 
aldermen, except when the two bodies meet in convention. 
On the first Monday of January, or as soon thereafter as 
may be, the common council shall elect one of their mem- 
bers to preside over their deliberations, who shall be called 
the president of the common council, and who shall hold 
office during the municipal year for which he is elected, 

22 



754 



1875.— Chapter 173. 



Sittings to be 
public. 



Ordinances, 
orders, etc., to 
be presented to 
mayor for ap- 
proval. 



Veto power of 
mayor. 



Proviso. 



unless sooner removed. In case the president is absent or 
unable to perform his duties, or in case the office is vacant 
from any cause, the- council shall elect a president for the 
time being. 

The common council shall elect a clerk, who shall be 
sworn to the faithful discharge of the duties of his office, 
and shall hold his office during the pleasure of the council, 
and until his successor shall be chosen and qualified ; and 
he shall attend the council when in session, keep a journal 
of all their acts, votes and proceedings, and perform such 
other services in said capacity as the council may require. 
In his absence, the council shall elect a clerk pro tempore, 
who shall be sworn to the faithful discharge of his duties. 
All sittings of the common council shall be public. 

The certificate issued by the mayor and aldermen shall 
be presumptive evidence of the right of the person pre- 
senting the same to a seat in the common council ; but the 
council shall have the authority to decide ultimately upon 
all questions relating to the qualifications, elections and 
returns of their members. 

Section 15. Every act of the city council, or either 
branch thereof, shall be by ordinance, order, resolution or 
vote. Every ordinance, order, resolution or vote to which 
the concurrence of the board of aldermen and of the com- 
mon council may be necessary, and every order or vote of 
either branch, involving the expenditure of money, or 
affecting the public interests, shall be presented to the 
mayor ; if he approve thereof, he shall sign the same ; but 
if not, he shall return it, with his objections, to the branch 
in which it originated, and the clerk thereof shall record 
such objections ; and said branch shall proceed to recon- 
sider said ordinance, order, resolution or vote ; and if, 
after such reconsideration, two-thirds of the whole of said 
branch, notwithstanding such objections, vote to pass the 
same, it shall, together with the objections, be sent to the 
other branch of the city council (if it originally required 
concurrent action), where it shall also be reconsidered, 
and if it be also approved by two-thirds of the whole of 
said branch, it shall be in force ; but in all cases the vote 
shall be determined by yeas and nays. If any such ordi- 
nance, order, resolution or vote shall not be returned by 
the mayor to the clerk of the branch in which it originated 
within ten days after it shall have been presented to him, 
the same shall be in force : provided, that if any ordinance, 



1875.— Chapter 173. 755 

order, resolution or vote embraces distinct subjects, the 
maj'or may approve the provisions relating to one or more 
of the subjects and not approve of the others ; and so much 
of said ordinance, order, resolution or vote as the mayor 
may not approve shall be reconsidered as above provided. 

Section 16. The mayor shall be the chief executive Mayor to be 
officer of the city, and shall be compensated for his officerofthe Ve 
services by a salary, to be fixed by the city council, pay- city - 
able at stated periods ; which salary shall not exceed the 
sum of three thousand dollars annually, and he shall 
receive no other compensation or emolument whatever ; 
and no regulations enlarging or diminishing such compen- 
sation shall be made to take effect until the expiration of 
the year for which the mayor then in office shall have been 
elected. And the mayor shall be vigilant and active at all 
times in causing the laws for the government of the city to 
be duly enforced ; shall inspect the conduct of all subordi- 
nate officers in the government thereof, and as far as in his 
power cause all negligence, carelessness and violation of 
duty to be duly prosecuted and punished. Whenever in May can special 
his judgment the good of the city may require it, he shall m 
summon meetings of the board of aldermen and common 
council, or either of them, although the meeting of said 
boards, or either of them, may stand adjourned to a more 
distant day, and perform such other duties as the city 
council may legally and reasonably require. And the 
mayor from time to time shall communicate to both branches 
of the city council all such information, and recommend all 
such measures as may tend to the improvement of the 
finances, the police, health, security, cleanliness, comfort 
and ornament of the city. 

Section 17. The city council shall annually, as soon Election of city 

/...i. . . i . ,. clerk, treasurer. 

after their organization as may be convenient, meet in con- etc. 
vention, and elect by joint ballot a city clerk, and a city 
treasurer and collector of taxes ; they shall also elect by 
concurrent vote, any number of surveyors of highways, 
not exceeding three, and shall, in such manner as the said 
city council may determine, by ordinance made for that 
purpose, elect all other officers necessary for the good 
government, peace and health of the city not herein other- 
wise provided for ; and all officers elected or appointed by 
the city council, or either branch thereof, shall hold their 
offices according to the tenure of the same and until their 
successors are chosen and qualified, unless otherwise pro- 



756 



1875.— Chapter 173. 



Officers may be 
removed. 



City clerk to be 
sworn. 



To be clerk of 
board of alder, 
men. 



City clerk pro 
tempore. 



Executive 
powers vested 
in mayor and 
aldermen. 



vided for : provided, however, that any officer elected by the 
city council may be removed at any time by said council 
for sufficient cause, unless otherwise provided herein ; and 
in case of the death, resignation or removal of any officer 
elected by the city council, or of a vacancy from any 
other cause, his place may be filled in the manner provided 
in this section for the election of such city officer, and 
any person so elected shall hold office only for the unex- 
pired term of the office to which he is elected. The duties 
of all officers shall be such as are required of similar officers 
elsewhere, but may be defined by ordinance, and their 
compensation shall be fixed by the city council. 

Section 18. The city clerk, before entering on the 
duties of his office, shall be sworn to the faithful discharge 
of the same, which oath may be administered by the mayor 
or the chairman of the board of aldermen. He shall be clerk 
of the board of aldermen, and be removable at their pleas- 
ure ; and shall keep a journal of the acts and proceedings 
of said board, sign all warrants issued by them, and do 
such other acts in his capacity as may lawfully and reason- 
ably be required of him ; and shall deliver over all jour- 
nals, books, papers, documents and other things entrusted 
to him as such clerk, to his successor in office, immediately 
upon such successor beiug chosen and qualified as afore- 
said, or whenever he may be thereto required by the board 
of aldermen. And the city clerk thus qualified, shall have 
all the powers, and perform all the duties now by law 
belonging to the city clerk of the city of Lowell, as fully 
as if the same were particularly enumerated, except in 
cases where it is otherwise expressly provided. In case 
of the absence of the city clerk, the mayor and aldermen 
may appoint a city clerk, pro tempore, with all the powers, 
duties and obligations of the city clerk, until the city clerk 
shall resume his duties, and said officer shall be sworn in 
the manner provided in the case of the city clerk. 

Section 19. The administration of the police, the execu- 
tive powers of the city generally, with all the powers 
formerly vested in the selectmen of the town of Lowell, 
and heretofore vested in the mayor and aldermen of the 
city of Lowell, shall continue to be vested in and exercised 
by the mayor and aldermen of said city, as fully as if the 
same were herein specially enumerated. The mayor and 
aldermen may grant licenses for all purposes within said 
city for which the mayor and aldermen of cities or the 



1875.— Chapter 173. 757 

selectmen of towns are authorized by the general laws of 
the Commonwealth to grant the same, and all licenses so 
granted may at any time be revoked for good cause. 

The mayor and aldermen may appoint, annually, such Constables. 
number of persons as constables for the city, and from 
time to time such special constables as the public service 
may require, and may remove the same at pleasure, and 
may require any person appointed a constable, or special 
constable, to give bonds to the city with such security and 
to such amount as they may deem proper, before he shall 
be entitled to enter upon the execution of said office ; 
upon which bonds the like proceedings and remedies may 
be had, as are by law provided in case of sheriff's bonds in 
this Commonwealth. 

The board of aldermen may cause the public streets of 
the city to be lighted, and for that purpose may set up and 
construct lamps, gas-pipes or other apparatus, such as the 
public convenience or necessity may require. 

Section 20. All boards and officers, acting under the Accountability 
authority of the city, and entrusted with the receipt and 
expenditure of public money, shall be accountable therefor 
to the city council, in such manner as they may direct. 
And the city council shall publish and distribute annually, statement of 
for the information of the citizens, a particular statement expenditures to 
of the receipts and expenditures of all public moneys, and be P ubllshed - 
a particular statement of city property. 

Section 21. In all cases in which appointments to Appointments 

/v» -. . . i . , -11..1 lii t>y mayor sub- 

otnee are directed to be made by the mayor and aldermen, ject to approval 
the mayor shall have the exclusive power of nomination; of illdermen - 
such nomination, however, being subject to confirmation or 
rejection by the board of aldermen ; and any officers so 
appointed may be removed at any time by the board of 
aldermen. 

Section 22. All the powers and authority invested in Board of health. 
the boards of health of towns in this Commonwealth, are 
hereby vested in the city council, to be carried into ex- 
ecution by the appointment of a health commissioner or a 
board of health ; or in such other manner as the health 
and cleanliness of the city may require, subject to such 
alterations as the legislature may from time to time adopt. 

Section 23. All other powers now by law vested in corporate 
the city of Lowell, or in the inhabitants thereof, as a unued? ° L 
municipal corporation, shall continue to be vested in the 
board of aldermen and common council of the city, to be 



758 



1875.— Chapter 173. 



Ordinances and 
by-laws. 



Proviso. 



Assessment of 
taxes. 



Assessors and 
assistant assess- 
ors. 



Laying out and 
discontinuance 
of streets, etc. 



exercised by concurrent vote, each board having a negative 
upon the other ; especially, they may make all such needful 
and salutary ordinances or by-laws, as towns by the laws 
of this Commonwealth have power to make, and annex 
penalties not exceeding twenty dollars for the breach there- 
of, which ordinances or by-laws shall take effect, and be 
in force from and after the times therein respectively 
limited, without the sanction or confirmation of any court 
or other authority whatever : provided, that such ordinances 
or by-laws shall not be repugnant to the laws of this Com- 
monwealth ; and shall be liable to be annulled by the 
legislature thereof. In all prosecutions by complaint 
before the police court for the city of Lowell, founded in 
the special acts of the legislature, or the ordinances or by- 
laws of the city of Lowell, it shall be sufficient to set forth 
in such complaint the offence fully and plainly, substan- 
tially and formally, and in such complaint it shall not be 
necessary to set forth such special act, ordinance, or by- 
law, or any part thereof. 

Section 24. The city council from time to time may 
lay and assess taxes for purposes for which towns are by 
law required or authorized to assess or grant money, and 
also for all purposes necessary for carrying into effect the 
powers conferred by this act : provided, however, that, in 
the assessment and apportionment of such taxes, the same 
rules and regulations shall be observed, as are now estab- 
lished by the laws of this Commonwealth (or may here- 
after be enacted) relative to the assessment and apportion- 
ment of town taxes. The city council may provide for the 
assessment and collection of such taxes, make appropri- 
ations of all public moneys, and provide for the disburse- 
ment thereof, and take suitable measures to ensure a just 
and prompt account thereof, and for these purposes may 
either elect such assessors and assistant assessors as may 
be needful, or may provide for the appointment or election 
of the same, or any of them, by the board of aldermen, or 
by the citizens, as may be most conducive to the public 
good, and may fix their term of office, and shall also require 
of all persons entrusted with the collection, custody or 
disbursement of public moneys, such bonds, with such 
conditions and such sureties, as the case may require. 

Section 25. The city council shall have the power to 
lay out, make and continue or discontinue all city or town 
ways or streets within the limits of the city ; and widen 



1875.— Chaptek 173. 759 

and straighten county ways, within the city, in such 
manner as the public convenience may require, and cause 
any street or streets, public places or squares in the city 
to be graded, paved, macadamized or repaired ; and any 
person aggrieved by the award of damages made by the 
city council, may, at any time within one year thereafter 
apply for a jury to revise the same, as is provided by law 
in case of town ways. 

Section 26. The city council is hereby authorized to sidewalks— 
appropriate, set off and reserve as sidewalks, such parts expense thereof. 
of any streets of the city as may be necessary for the 
safety, convenience and accommodation of foot passengers, 
and permit or direct posts of stone, iron or wood, or 
trees, if necessary, to be placed along the edge of said 
sidewalks to protect the same, or the passengers travelling 
thereon, and to establish and grade sidewalks and set 
curbstones in such streets in said city as the public con- 
venience may require, and construct the same with such 
material as the city council shall deem expedient ; and 
shall assess the expense of the same upon the owners 
thereof. All assessments so made shall be a lien upon the Assessment to 
abutting lands in the same manner as taxes are a lien on abutting lauds. 
real estate, and may be collected in the same manner 
as taxes on real estate are now collected. Sidewalks, 
when constructed, shall be the property of the city, and 
thereafter shall be maintained and kept in repair by the 
city. The city couucil may, from time to time, reestablish, 
grade, reconstruct and repair such sidewalks and curb- 
stones, and any sidewalks and curbstones heretofore 
established in said city, and may, by ordinance, provide 
that abutting owners or tenants shall keep sidewalks in 
front of their premises free from snow and ice, under 
suitable penalties, not exceeding twenty dollars for each 
offence. 

Section 27. The board of aldermen shall have the Main drains 
power, whenever they shall adjudge it to be necessary for 
the public convenience or the public health, to cause main 
drains or common sewers to be laid through any street or 
private lands, and may repair the same whenever neces- 
sary, and shall pay the owners of such lands such 
damages as they may sustain by the laying or repairing of 
said main drains or common sewers ; and all such main 
drains or common sewers shall be the property of the city. 
When any lauds or real estate shall be taken by virtue of 



and common 
sewers. 



760 



1875.— Chapter 173. 



Regulations for 
use of hackney 
coaches, job 
wagons, etc. 



Inspection for 
survey of lum- 
ber, etc. 



Public parks. 



Overseers of 
poor to consist 
of mayor and 
six persons 
elected by con- 
current vote. 



this act, the proceedings shall be the same, in all respects, 
as in the laying out of highways or streets. 

Section 28. The city council may make and establish 
necessary ordinances or by-laws for the purpose of pre- 
venting any person, without first obtaining a license from 
the board of aldermen, from setting up, employing, or 
using any hackney coach, job wagon or other carriage for 
the conveyance of passengers or freight, from place to 
place, in the city, for hire, and for the purpose of establish- 
ing and limiting the rates and prices for such conveyance, 
of passengers ; and also for the inspection, survey, meas- 
urement and sale of lumber of every description, brick, 
w T ood, coal and bark for fuel, brought into the city for 
sale, and for the regulation of carriages in the streets of 
the city, appoint certain suitable places in the streets and 
squares of the city, as public stands for wagons, carts, 
sleds and carriages of every description, and ordain fit 
penalties, not exceeding twenty dollars, for the breach of 
any of the ordinances, rules and regulations so made and 
established, to be recovered upon complaint of any officer 
or other inhabitant of the city before the police court 
therein, for the use of the city. 

The city council shall also have the care and superin- 
tendence of the public buildings, and the care, custody 
and management of all the -property of the city, with 
power to lease or sell the same, and to purchase property 
in the name and for the use of the city, whenever its 
interests or convenience may require. The city council 
are hereby authorized to purchase land, to be laid out as 
public squares, malls, parks or commons, and to properly 
lay out, enclose, maintain, keep, and ornament the same, 
or any now owned by the city. 

Section 29. The overseers of the poor shall consist of 
the mayor and six other persons, who shall be elected by 
concurrent vote of the city council, and shall be sworn to 
the faithful discharge of their duties. In January, in the 
year eighteen hundred and seventy-six, three of said 
persons shall be elected to serve for one year, and three 
to serve for two years, and thereafter, in January of each 
year, three of said persons shall be elected to serve for 
two years. In case of a vacancy in the board of overseers 
of the poor, from any cause, the city council shall fi;l such 
vacancy by electing a person to serve for the remainder of 
the term ; and all overseers of the poor shall serve until 



1875.— Chapter 173. 761 

their successors are chosen and qualified. The overseers May appoint a 

i j /» i • i • secretary. 

of the poor may appoint a secretary, and define his duties ; 
but the compensation of such secretary shall be fixed by 
the city council. Said overseers shall have all the powers 
heretofore conferred upon the overseers of the poor of the 
city of Lowell, by any special act, and all the powers of 
overseers of the poor in towns, but shall receive no com- 
pensation for their services except by vote of the city 
council. 

Section 30. The persons heretofore elected as mem- school com- 
bers of the school committee, may continue in office m 
according to the tenure thereof. At each annual election 
for municipal officers, hereafter, the qualified voters of 
each Avard shall elect one person being an inhabitant of 
said ward, to serve as a member of the school committee 
for the term of two municipal years from the first Mon- 
day of January next following such election. The school 
committee shall be the final judges of the qualifications 
and election of their own members. 

If the number of wards shall at any time be increased, 
each additional ward shall at the next annual election for 
municipal officers thereafter, elect one person to serve as a 
member of the school committee for the term of one 
municipal year, and one person to serve for the term of 
two municipal years, from the first Monday of January 
next following such election ; and thereafter all elections 
therein shall be for the term of two municipal years, from 
the first Monday of January next following such elections. 
The mayor and president of the common council, ex officio, Mayor ana 
together with the persons elected as aforesaid, shall con- council to be 
stitute the school committee of Lowell, and shall have all ^«-o. Lr8 ' 6X 
the powers vested in school committees by the general laws 
of the Commonwealth, or any special law for the city of 
Lowell. A majority of the persons duly elected shall con- 
stitute a quorum for the transaction of business ; and the 
mayor may preside at all meetings of the school committee. 

Whenever any person elected a member of the school Vacancies. 
committee shall die, remove from the city, or refuse in 
writing addressed to the mayor and aldermen for the time 
being to accept the office, before entering upon the duties 
thereof, the mayor and aldermen may make a record of 
the fact, and thereupon issue their warrant for an election 
to fill such vacancy, to be held at such time as they shall 
deem advisable. 

23 



762 



1875.— Chapter 173. 



Fire depart- 
ment. 



Chief engineer, 
etc., to be ap. 
pointed by 
mayor and al- 
dermen. 



Lists of voters 
to be made out 
by aldermen, 
and delivered to 
ward officers. 



It shall be the duty of the school committee to exercise 
the same supervision aud control over any institution of 
instruction and house of reformation established by tne 
city council, as they are by law required to exercise over 
the public schools, as far as practicable. 

Section 31. The city council may establish a fire 
department, to consist of a chief engineer and as many 
assistant engineers, enginemen, hosemen, hook and ladder 
men, and hydrant men, to be divided into companies, as 
the city council, by ordinance, shall, from time to time, 
prescribe ; and said city council may make provisions in 
regard to the time and mode of appointment, and the 
occasion and mode of removals of said officers or mem- 
bers, and define their office and duties, and in general may 
make such regulations concerning their pay, conduct and 
government, and concerning the management and conduct 
of fires and persons attending fires, subject to all penalties 
provided for breach of city ordinances, as they shall deem 
expedient : provided, that the appointment of chief 
engineer, assistant engineers, enginemen, hosemen, hook 
and ladder men, and hydrant men, shall be made by the 
mayor and aldermen, exclusively. The engineers and 
other officers of the fire department, so appointed, shall 
have the same authority in regard to the prevention 
and extinguishment of fires and the performance of the 
other offices and duties now incumbent upon fire-wards, 
as are now conferred upon fire-wards by general laws, and 
the compensation of the fire department shall be fixed by 
the city council. 

Section 32. Prior to every election, the board of 
aldermen shall make out lists of all the citizens of each 
ward qualified to vote in such election, in the manner in 
which mayor and aldermen are required to make out 
similar lists of voters ; and for that purpose they shall 
have free access to the assessors' books and lists, and be 
entitled to the aid and assistance of all assessors, assistant 
assessors, and other officers of the city. And the board 
of aldermen shall deliver such lists of voters in each ward, 
to be used by the warden and inspectors thereof, at such 
elections ; and no person shall be entitled to vote at such 
election, whose name is not borne on the list; and to 
prevent all frauds and mistakes in such election, the 
officers presiding thereat shall take care that no person 
shall vote at such election whose name is not borne on the 



1875.— Chapter 173. 763 

list of voters, and shall cause a mark to be placed against 
the name of each voter on such list, at the time of giving 
his vote. 

Section 33. All elections for national, state, county, Election of 
district and other officers who are to be chosen and voted district anV e 
for by the people, shall be held at meetings of the citizens couuty offlcers - 
qualified to vote in such elections, in their respective 
wards, at the time fixed by law for those elections respect- 
ively. And at such meetings, all the votes given in, 
being sorted, counted and declared by the warden and in- 
spectors of elections, shall be recorded at large in open 
ward meeting by the clerk, and in making such declara- 
tion and record the name of every person voted for, and 
the number of votes given for each person and the office 
for which he has received votes, shall be recorded ; such 
numbers to be expressed in words at length. And a tran- 
script of such record, certified and authenticated by the 
warden, clerk and a majority of inspectors of elections for 
each ward, shall forthwith be transmitted or delivered 
by such ward clerk to the city clerk, who shall enter such 
returns, or a plain and intelligible abstract of them, as they 
are successively received upon the journal of the proceed- 
ings of the board of aldermen, or some other book to be 
kept for that purpose. And the mayor and aldermen shall Mayor andai- 

l l l i/ dennGti to 

meet together within three days after every such election, examine re. 
and examine and compare all such returns, and thereupon 
make out a certificate of the result of such election, to be 
signed by a majority of the board of aldermen, and also 
by the city clerk, which shall be transmitted, delivered 
and returned, as by law required. 

Section 34. General meetings of the citizens qualified ®™ e *f \,^l^ a 
to vote in city affairs, may, from time to time, be held 
to consult upon the public good, to give instructions to 
their representatives, and to take all lawful measures to 
obtain redress of grievances according to the rights secured 
to the people by the constitution of this Commonwealth ; 
and such meetings shall be duly warned by the mayor and 
aldermen, upon the requisition of fifty qualified voters of 
the city. 

Section 35. In all cases where any officer is required tf d ™jg istration 
to be sworn by this act, the oath required of him may be 
administered by the mayor, the chairman of the board of 
aldermen, the president of the common council, the city 
clerk or any officer authorized to administer oaths. 



7(34 1875.— Chapter 173. 

Rcpeal - Section 36. All acts and parts of acts inconsistent 

with this act are hereby repealed : provided, however, that 
the repeal of the said acts shall not affect any act done, or 
any right accruing, or accrued or established, or any suit 
or proceeding had or commenced in any civil case before 
the time when such repeal shall take effect, and that no 
offence committed, and no penalty or forfeiture incurred 
under the acts hereby repealed, and before the time when 
such repeal shall take effect, shall be affected by the repeal ; 
and that no suit or prosecution pending at the time of the 
said repeal for any offence committed, or for the recovery 
of any penalty or forfeiture incurred under the acts hereby 
repealed, shall be affected by such repeal ; and, provided, 
also, that all persons who, at the time when the said repeal 
shall take effect, shall hold any office under the said acts, 
shall continue to hold the same according to the tenure 
thereof; and, provided, also, that all the ordinances and 
by-laws of the city of Lowell, which shall be in force at 
the time when the said repeal shall take effect, shall con- 
tinue in force until the same are repealed by the city 
council, and all officers elected under such ordinances 
and by-laws shall continue in force according to the tenure 
thereof. 
No acts or pans Section 37. No act or part of an act which has been 
heretofore repealed shall be revived by the repeal of the 
acts mentioned in the preceding section, and nothing in 
this act contained shall be so construed as to prevent the 
legislature from altering or amending the same whenever 
they shall deem it expedient. • 
Sptanceb 8 a Section 38. This act shall be void unless a majority 
majority vote, of the voters of the city of Lowell, present and voting 
thereon, at a legal meeting called for that purpose, by a 
written vote, determine to adopt the same. The qualified 
voters of the city shall be called upon to give in their votes 
upon the adoption of this act at meetings in the various- 
wards, duly warned by the mayor and aldermen, to be 
held not less than sixty days after the passage of this act ; 
and thereupon the same proceedings shall be had respect- 
ing the sorting, counting, declaring, recording and returns 
of said votes as is herein provided at the election of mayor ; 
and the mayor and aldermen shall, within three days after 
said meeting, meet together and compare the returns of the 
ward officers ; and if it appears that the citizens voting 
thereon have voted to adopt this act as aforesaid, the mayor 



1875.— Chapter 174. 765 

shall immediately make proclamation of the fact, and there- 
upon this act shall take effect and be in full force. 

Approved May 1, 1875. 

An Act to encourage the planting of shade-trees, laying out, fij, nr) j ha 

ORNAMENTING AND MAINTAINING PARKS, CEMETERIES AND CEME- y ~' na l ) ' 1 ' "* 
TERY LOTS, AND ERECTING AND MAINTAINING DRINKING-FOUNTAINS. 

Be it enacted, <fcc, as follows : 

Section 1. Any savings bank in this Commonwealth Savings banks 
is hereby authorized to receive funds, in trust, on deposit, depUns for 3 
to an unlimited amount for any one or all of the hereinafter cemeteries? etc!' 
named purposes : said funds shall be placed upon interest 
in said bank, and the interest and dividends arising there- 
from shall be paid semi-annually to such town, city or ceme- 
tery authorities as may be designated by the donors of 
said funds or the will of the person bequeathing the same ; 
said interest and dividends to be expended by such town, 
city or cemetery authorities, within the precincts of such 
town, city or cemetery, in setting out shade-trees in streets 
and parks, and in improving the same ; in purchasing land 
for parks and improving the same ; in maintaining ceme- 
teries or cemetery lots, and in erecting and maintain- 
ing drinking-fountains in public places for any one or all 
of the before named purposes as may be specified by the ' 
donors of said funds or the will of the person bequeathing 
the same. No part of the principal of said funds shall Principal not 

•ii -i-i-i-iiii f to be expended. 

be withdrawn or expended, and it shall be exempt from 
attachment or levy on execution. 

Section 2. The funds held in accordance with this act f undB t0 *>« , 

known as Shade- 
shall be known as the "Shade-tree and Cemetery Fund," tree and ceme- 

aud the treasurer of any savings bank in which said funds 
are deposited, shall give a certificate of gift to each donor 
of such funds, and shall send by mail or deliver in the 
month of January, every third year after the first deposit, 
to the mayor of any city, or the chairman of the select- 
men of any town, within the limits of which the interests 
and dividends of said funds are to be expended, a written 
statement, signed by such treasurer, of the amount of 
funds on deposit, for the purposes aforesaid, and said 
statement shall be recorded in full in the office of the clerk 
for said city or town. 

Section 3. In case any savings bank holding such if bank ceases 
funds shall surrender its charter or cease to do business, funds to be 
the supreme judicial court is hereby authorized to order a nother e savings 
said funds transferred and deposited in some other savings bailk- 



766 



1875.— Chapter 175. 



Chap. 175 



Sunderland 
Bridge laid out 
as a highway. 



Commissioners 
to be appointed 
by S.J. C. 



To award dam- 
ages to propri- 
etors of bridge. 



Expenses of 
maintenance 
aud repairs. 



bank upon the same trusts as aforesaid ; and if the laws 
authorizing such banks shall be repealed, said court is 
hereby authorized to order said funds transferred and 
deposited in such banking institution as said court may 
deem proper and for the best interest of said funds, to 
be by it held upon the trusts aforesaid. 

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

Approved May 1, 1875. 

An Act relating to sunderland bridge. 
Be it enacted, &c., as follows : 

Section 1. The bridge over the Connecticut River 
between the towns of Sunderland aud Deerfield, including 
the piers and abutments thereof, is hereby laid out and 
shall become a public highway upon the acceptance of the 
award of the commissioners hereinafter named by the 
supreme judicial court and entry of judgment thereon. 

Section 2. The supreme judicial court sitting in any 
county, or any justice thereof, after such notice as they 
may order, upon the application of the selectmen of the 
towns of Sunderland and Deerfield, or of any twenty 
legal voters of said towns of Sunderland and Deerfield, 
shall appoint a board of three commissioners, and said 
commissioners, having first been duly sworn to the faith- 
ful and impartial discharge of their duties, shall, after 
due notice to all parties interested and a hearing thereon, 
determine and award the amount to be paid the proprie- 
tors of Sunderland Bridge as damages for laying out of 
said bridge, piers and abutments and way as a public 
highway, and for the land, toll-house and all the appurte- 
nances thereof lying east of said biidge, belonging to the 
said proprietors. Said commissioners shall also determine 
and decree what towns in the counties of Franklin and 
Hampshire are or will be specially benefited by the pro- 
visions of the first section of this act, and shall determine 
aud decree what proportions of the damages aforesaid 
shall be paid by the said towns and by the county of 
Franklin respectively. 

Said commissioners shall also determine in what propor- 
tions and manner the said county of Franklin and the 
towns benefited as aforesaid shall defray the expenses of 
the maintenance and repairs of said bridge, abutments, 
piers and way, and all expenses properly incurred under the 
provisions of this act ; and their determination and award, 
or that of a major part of them, shall be made in writing 



1875.— Chapter 175. 767 

and reported to the supreme judicial court for the county 
of Franklin, and also to the said proprietors and to each 
of said towns and to the county commissioners of Frank- 
lin County, and the same shall be binding upon all parties 
interested therein, except that the said proprietors, or the 
county commissioners of said county of Franklin in 
behalf of said county or any or all of said towns affected 
by said award may appeal to a jury. And any party so Right of appeal 
appealing, who shall not obtain by verdict of said jury an oajury " 
award more favorable than by award of said commission- 
ers, shall forfeit and pay all costs of hearing and trying 
such appeal. If neither party shall so appeal within sixty 
days after receiving the award of said commissioners as 
aforesaid, then the same shall be absolutely binding upon 
all the parties interested therein. When the same shall 
have been accepted and judgment entered thereon by the 
supreme judicial court, the just fees and expenses of said 
commission shall be paid by such of the parties interested 
as the commissioners shall decree. 

Section 3. If the proprietors shall appeal to a jury if appeal is 
from the award of said commissioners as aforesaid, the same pdotors^ pro- 
proceedings shall be had and the same liabilities in regard ar^i"^"^ 6 
to costs incurred as is provided by law in the case of lay- laying out hid- 
ing out highways by the county commissioners. The 
application for such jury shall be made to and acted upon 
by the county commissioners of Franklin County, and the 
said jury may award to said proprietors a different sum as 
damages. The award of said jury shall be reported to 
the supreme judicial court for the county of Franklin, 
and when accepted, final judgment shall be entered upon 
the award of the commissioners aforesaid, as modified by 
the award of said jury. All damages awarded and costs 
incurred under this section shall be paid by the same par- 
ties and in the same proportions as is provided in relation 
to the payment of damages in section second, when the 
damages awarded by the jury 'shall exceed those awarded 
by the commissioners. And if the said county commis- Appeal bycoun- 

in i /> ,i i /? • l •• ty commiasioii- 

sioners shall appeal from the award of said commissioners, ers . 
it shall be to the supreme judicial court. 

Section 4. Upon the said bridge, piers, abutments selectmen of 

d. • i • i c • i ii i Sunderland and 

way becoming a highway as aforesaid, the selectmen Decrfieia to 

of the towns of Sunderland and Deertield shall have the ^ ir b . ridgein 

care and superintendence of the same, and cause them to 

be kept in good repair and safe and convenient for travel. 



768 



1875.— Chapter 176. 



Land, etc., to be 

vested in towns, 
in fee simple. 



Chap. 176 



City treasurer 
to be elected by 
concurrent vote. 



Removal. 



Collector of 
taxes to be 
elected by con. 
current vote, in 
May or June. 



Removal. 



Fees and com- 
missions on col- 
lection of taxes, 
etc., to be paid 
into city treas- 
ury. 



The costs of the repairs, care and superintendence of said 
bridge, its abutments and piers, shall be borne by such 
parties as the board of commissioners shall determine 
under authority herein before granted. 

Section 5. Upon the bridge becoming a public high- 
way as herein provided, the fee simple in the toll-house, 
land and appurtenances thereof belonging to the aforesaid 
proprietors, shall be vested in the towns of Sunderland 
and Deerfield, the income of which shall be used in repairs 
and superintendence of said bridge. 

Approved May 1, 1875. 

An Act concerning the treasurer of the city of boston, and 
to establish the office of collector of taxes for said city. 
Be it enacted, &c., as follows : 

Section 1. The treasurer of the city of Boston shall 
hereafter be elected annually in the month of May or June 
by concurrent vote of both branches of the city council. 
He shall continue to exercise all the powers now by law 
belonging to his office, except those hereinafter given to 
the collector of the city of Boston : and he may be removed 
by the mayor with the approval of the city council. 

Section 2. There shall be elected annually in the 
month of May or June, by concurrent vote of both 
branches of the city council a suitable person to be collect- 
or of the city of Boston, who shall hold his office until 
his successor is chosen and qualified. Said collector shall 
have the powers now possessed by the treasurer of said 
city as collector of taxes, and shall also collect and receive 
all assessments, betterments, rates, dues, and money paya- 
ble on any account to the city of Boston or the county of 
Suffolk, and shall have all the powers with respect to such 
collections now possessed by the treasurer of said city, 
and shall pay over auy and all money received by him to 
said treasurer, within twenty-four hours after receiving the 
same, taking said treasurer's receipt therefor in duplicate ; 
and shall file with the auditor of accounts of said city the 
duplicate copy of the same. He shall give bond with such 
sureties and in such sum, and shall receive such compensa- 
tion as the city council shall determine ; and he may be re- 
moved by the mayor with the approval of the city council. 

Section 3. All fees, charges and commissions of every 
kind and description allowed by law for the collection of 
taxes, betterments, rates and assessments of every kind, 
to any person or persons authorized to collect the same 



1875.— Chapter 177. 769 

within the city of Boston, shall after the first clay of Sep- 
tember, eighteen hundred and seventy-five, be collected 
and paid by such persons into the treasury of the city of 
Boston, and shall become the property of said city. The 
said city is hereby authorized to pay to such persons such 
compensation for their services as the city council shall 
from time to time determine. 

Section 4. This act shall take effect upon its accept- To take effect 

. L A when accepted. 

ance by the city council of the city ot Boston. 

Approved May 3, 1875. 

An Act concerning manufacturing and other corporations. Chap. 177 
Be it enacted, &c, as follows: 

Section 1. The first division of section thirty-nine of ^ n 2 ^ e § n * 9 t0 
chapter two hundred and twenty-four of the acts of the 
year eighteen hundred and seventy is hereby amended to 
read as follows : 

First. For such as may be contracted before the orig- 
inal capital is fully paid in ; but stockholders, the par 
value of whose shares has been paid in, but those stock- 
holders only who have not paid in in full the par value of 
their shares, and those who have purchased such shares 
with knowledge of the fact, shall be liable for such debts. 

Section 2. Conveyance of property, real or personal, Conveyance of 
at a fair valuation, to the corporation, shall be deemed a suf- deemed paying 
ficient paying in of the capital stock, to the extent of such i" extent of uV 
value : provided, that a statement, made, signed and sworn !, alue .' a 
to by the president, treasurer and a majority of the direct- 
ors of the corporation, giving a description of such prop- 
erty, and the value at which it has been taken in payment, 
in such detail as the commissioner of corporations shall 
require or approve, and endorsed with the certificate of 
said commissioner, that he is satisfied that said valuation 
is fair and reasonable, shall be filed with the secretary of 
the Commonwealth : and provided, further, that if said 
property be not so conveyed and taken at a fair valuation, 
the officers of the corporation signing such statement shall 
be jointly and severally liable for its debts and contracts. 

Such statement, when made, shall, in case of corpora- 
tions hereafter organized, be included in and form part of 
the certificate of payment of capital required by the 
thirty-second section of said chapter, and the certificate in 
such case, instead of stating that said capital is paid in 
cash, shall be framed in conformity with the facts of said 
payment. 

24 



770 



1875.— Chapter 178. 



May alter busi- 
ness by vote of 
all its stock- 
holders. 



SSJumii.* Section 3. The provisions of sections one and two of 
extended to chapter one hundred and ten of the acts of the year 

mining corpora- , r J 

tions. eighteen hundred and seventy-one, fixing the limit of 

authorized capital of certain classes of corporations at 
one million of dollars, are hereby extended so as to 
include corporations organized or chartered for the pur- 
pose of mining. 

Section 4. Any corporation organized under the pro- 
visions of chapter two hundred and twenty-four of the 
acts of the year eighteen hundred and seventy, or of 
chapter one hundred and sixty-five of the acts of the year 
eighteen hundred and seventy-four, or of the preceding 
section of this act, may, upon the vote of all its stockholders 
at any meeting duly called for the purpose, alter, add to 
or change the business for the transaction of which it was 
incorporated : provided, that no business shall be engaged 
in which is not authorized by the provisions of the said 
chapters, and section : and provided , also, that a certificate 
setting forth such alteration, addition or change, signed 
and sworn to by the president, treasurer and a majority 
of the directors, shall be filed in the office of the secretary 
of the Commonwealth, to whom shall be paid a like fee to 
that prescribed by the schedule contained in section fifty- 
nine of chapter two hundred and twenty-four of the acts 
of eighteen hundred and seventy. 

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

Approved May 3, 1875. 



Provisos. 



Chap: 178 



Plans and speci- 
fications of 
dams, etc., to 
be filed with 
county commis- 
sioners. 



Commissioners 
to inspect work. 



May appoint an 
inspector if 
plans are not 
adhered to. 



An Act to provide for the supervision of the construction 

and maintenance of reservoirs and dams. 
Be it enacted, &c, as follows: 

Section 1. Hereafter no reservoir or reservoir-dam, 
or mill-dam, shall be constructed, nor any material 
change made in those now existing or hereafter con- 
structed, until plans and specifications of the same shall 
have been filed with and approved by the county com- 
missioners, in the county where such work is to be con- 
structed ; said commissioners shall retain and record the 
same ; and they shall inspect the work during its progress, 
and if at any time it appears that the plans and specifica- 
tions are not faithfully adhered to, they shall have author- 
ity to appoint an inspector, at the expense of the owners, 
to be constantly engaged in its supervision ; and upon a 
refusal of the owners, or their agents, to adhere to said 
plans and specifications, said inspector shall have power to 



1875.— Chapter 178. 771 

order its discontinuance : provided however, that nothing 
herein contained shall apply to small dams constructed for 
irrigation or other purposes, the breaking of which would 
involve no risk to life or property. 

Section 2. The county commissioners, on application county commis. 

, . . . . . , A 6ioners to ex- 

made to them in writing by any person owning property amine dams 
liable to destruction or damage, by the breaking of any uoTofpereon 
reservoir, reservoir-dam or mill-dam, or upon such appli- ^'e to dam- 
cation by the mayor and aldermen of any city, or select- 
men of any town, on account of liability of loss of life, or 
damage to any road or bridges therein from the same 
cause, shall, after notice to the owners of such reservoirs 
or dams, or their agents, of the time and place appointed 
therefor, view and thoroughly examine the same, with the 
assistance of a competent engineer. 

Section 3. If, upon such examination, in the judg- if structure is 
ment of the commissioners, the structure is not sufficiently pairs, etc.,' may 
strong, and substantial to resist the action of the water beordered - 
under any circumstances which may reasonably be 
expected to occur, they, with the advice of an engineer, 
shall determine and direct what alterations or repairs are 
required to make it permanent and secure, and shall give 
written directions to the owners thereof to make such alter- 
ations or repairs within a reasonable time, and the results 
of such examination, and orders thereon, shall be duly 
recorded by said commissioners. 

Section 4. If the owner of a reservoir or dam thus if owner neg. 

-i-.-i.-i-.,, /» /. , . Jects to comply 

examined and adiudged to be unsate, retuses or neglects with order, 
to make such alterations or repairs as the commissioners foawnoi? 
order, they shall cause such reservoir or dam, or such 
parts thereof as they may deem necessary for the safety 
of life or property, roads or bridges, on the stream below, 
to be removed, or the water drawn off; and after such 
removal no structure shall be erected except in compliance 
with the requirements contained in the preceding sections ; 
and if the water has been drawn off, the reservoir shall not 
be filled again until the orders of the commissioners have 
been complied with. 

Section 5, The commissioners shall make such costs of pro- 
orders, as to the costs of all proceedings under the three " 
preceding sections, as they may deem just : provided, Proviso. 
that in all cases where the reservoir or dam is adjudged 
unsafe, said costs shall be paid by the owner. 



772 1875.— Chapters 179, 180. 

Sifs e ioner 8 c °wt" Section 6. No order, approval, request or advice of 

of owners. abilUy ^ e coun ty commissioners shall have the effect to impair in 
any manner or degree the legal duties and obligations of 
the owners of reservoirs, reservoir-dams or mill-dams, or 
their liability for the consequences of their illegal acts, or 
of the neglect or mismanagement of any of their agents or 
servants. 

Bffa Section 7. The supreme judicial court shall have 
jurisdiction in equity, and may make all judgments and 
decrees necessary to carry into effect the provisions of the 
preceding sections. 

^peai^ofo.s. Section 8. Sections forty-seven, forty-eight, forty- 
nine, fifty, fifty-one and fifty-two, of chapter one hundred 
and forty-nine of the General Statutes are hereby repealed. 
Section 9. This act shall take effect upon its passage. 

Approved May 3, 1875. 

Chap. 179 An Act concerning suits in which the commonwealth is a 

PARTY. 

Be it enacted, &c, as follows : 
fovof^f'com- Section 1. Judgments in favor of the Commonwealth, 

monweaith may whether against male or female defendants, may, when the 

oe enforced as © , . . 

provided in attorney-general or the district-attorney for the district in 
which such judgments are recovered so orders, in writing, 
upon the execution, be enforced according to the provisions 
of chapter one hundred and sixty-two of the acts of the 
year one thousand eight hundred and sixty-two. 
may'bTnwde to Section 2. In all judgments in favor of the Common- 
court of insoi- wealth, the application referred to in the second section 

vency or court /• ■ n 1 i • i • 

where judgment ot said act may be made either to the court of insolvency, 

was rendered. aj.i l • 1 • l • J • i ij 

or to the court in which said judgment was rendered, 
which court shall have the same jurisdiction as is given in 
said act to the court of insolvency, with the right to desig- 
nate a master in chancery or commissioner of insolvency, 
to take and report the examination of the judgment 
debtor and the testimony, at the rate of compensation 
allowed by said act to the judge of insolvency. 

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

Approved May 3, 1875. 

Chap. 180 An Act to prohibit seining of fish in the ponds on the island 

OF NANTUCKET. 

Be it enacted, &c, as follows : 
ha not to be Section 1. No person shall set, draw or use any seine 
or net. or net for taking fish in the great ponds on the island of 

Nantucket. 



1875.— Chapters 181, 182, 183, 181. 773 

Section 2. Any person violating this act shall, on Penalties and 
conviction, pay a fine of not less than twenty- five nor 
more than fifty dollars with forfeiture of boats, nets and 
apparatus thus used, to be recovered before any court of 
competent jurisdiction, for the use of the town of Nan- 
tucket. 

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

Approved May 3, 1875. 

An Act to amend an act to authorize the town of brook- Chan. 181 

LINE TO BORROW MONEY TO PAY FOR THE CONSTRUCTION OF J 

SEWERS AND FOR THE ESTABLISHMENT OF A SINKING FUND. 

Be it enacted, &c., as follows : 

Section 1. The sixth section of the one hundred d^oTT!; 10 

, lo*5, lo4, § 6. 

thirty-fourth chapter of the acts of the current year is 
hereby amended by inserting the *words "present and 
voting " after the word "Brookline." 

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

Approved May 3, 1875. 

An Act to fix the salary of the clerk of the municipal Chap. 182 

COURT OF THE SOUTH BOSTON DISTRICT. 

Be it enacted, &c, as follows : 

Section 1. The annual salary of the clerk of the mu- Salary estab. 
nicipal court of the South Boston district shall be fifteen 
hundred dollars, payable from the first day of April, 
eighteen hundred seventy-five. 

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

Approved May 3, 1875. 

An Act to amend an act to incorporate the new Bedford Char) 183 

RAILROAD COMPANY. * 

Be it enacted, &c, as follows : 

Section 1. The time within which the New Bedford Time extended 
Railroad Company may avail itself of the rights and priv- of second track 
ileges conferred by the fourth section of chapter twenty of fordtoSunfon", 
the acts of the year eighteen hundred and seventy-three is trad^todeep 
hereby revived and extended to the first day of April, water - 
eighteen hundred and seventy-seven. 

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

Approved May 3, 1875. 

An Act to annex a part of the city of boston to the city Chan 184 

OF NEWTON. -* ' 

Be it enacted, &c, as follows : 

Section 1. That part of the city of Boston in the Part of Boston 
county of Suffolk, contained within the lines described as Newton. t0 



774 



1875.— Chaptee 184. 



follows : beginning at a stone bound near the south bank 



Land, etc., 
annexed to 
Newton to be a 
part of county 
of Middlesex. 



of Charles River on the premises of William Parsons, at 
the present dividing line between Boston and Newton ; 
thence running south eleven degrees twenty-nine minutes 
seven seconds west (magnetic meridian), over the old 
dividing line between Boston and Newton, across Nonan- 
tum Street, and the Boston and Albany Railroad, to a stone 
bound in a lane ; thence south eleven degrees fifty-nine 
minutes nineteen secouds west, four hundred thirtj'-eight 
and ninety-five hundredths feet over said old dividing line, 
crossing said lane, and across Washington Street to a stone 
bound on the southerly side of said Washington Street ; 
thence south nineteen degrees thirty-five minutes seven 
seconds east, nine hundred seventy-two and forty-three 
hundredths feet over said old dividing line, across Waverly 
Avenue, to a stone bound on the northerly side of Tremont 
Street ; thence south eighteen degrees forty-seven minutes 
seven seconds east, twelve hundred three and sixty-six 
hundredths feet over said old dividing line across said 
Tremont Street, to a stone bound on the northerly side of 
Brighton Street ; thence north twenty-three degrees fifty- 
three minutes forty-four seconds east, eleven hundred 
seventy-one and twenty-three hundredths feet over the 
new dividing line across Washington Street, to a stone 
bound on the northerly side of said Washington Street ; 
thence north forty-seven degrees three minutes fifty-three 
seconds east, twenty-four hundred eighty-eight and eighty- 
six hundredths feet over the new dividing line, across the 
Boston and Albany Railroad to a stone bound near the 
south bank of Charles River; thence by the same course 
as the last line, and continuing the same to the thread of 
Charles River ; thence by the thread of Charles River, 
westerly, up the river to a point in the thread of said river 
at the junction of the boundary lines of Watertown, New- 
ton and Boston ; thence southerly to the stone bound begun 
at, with all the inhabitants on the lands above described, 
is hereby set off and separated from said city of Boston, 
and annexed to and made part of the city of Newton in 
the county of Middlesex, and shall hereafter be a part of 
the county of Middlesex ; and the same land and the in- 
habitants thereon shall be deemed and considered as 
annexed to and constituting a part of said city of Newton, 
subject to the same municipal regulations, obligations and 
liabilities, and entitled to the same immunities in all respects 



1875.— Chapter 184. 775 

as the said city of Newton : provided, however, that the Proviso. 
said tract of land and the inhabitants thereon, set off as 
aforesaid, shall be liable to pay all such taxes as are already 
assessed on them by said city of Boston, or by the town 
of Brighton, in the same manner as they would have been 
liable if this act had not been passed. 

Section 2. The stone bounds mentioned in section one stone bounds to 
upon the new boundary line between Boston and Newton, Newton? y 
shall be erected by the city of Newton. 

Section 3. If any persons who have heretofore gained ^"""ettitment 
a legal settlement in the town of Brighton or in the city of in territory set 
Boston, by reason of residence on the territory set off as ported by New- 
aforesaid, or by having been proprietors thereof, or who ton ' 
may derive such settlement from any such resident or pro- 
prietor, shall come to want and stand in need of relief and 
support, they shall be relieved and supported by the city 
of Newton, in the same manner as if they had gained a 
legal settlement in said Newton. 

Section 4. That part of said Boston annexed to the senatorial dis- 
city of Newton by this act, for the purpose of electing a 
senator to the general court, to which the town of Brighton 
as part of the third Middlesex senatorial district is entitled, 
until constitutionally and legally changed, shall be and re- 
main a part of the said town of Brighton ; and until 
changed as aforesaid, the mayor and aldermen of the city 
of Newton shall annually, fourteen days at least before the 
second Tuesday of November, furnish to the mayor and 
aldermen of Boston correct lists of all persons resident on 
the said territory annexed, who shall be entitled to vote at 
said election in the said town of Brighton, or in such ward 
of the city of Boston as said territory would have been 
part in, but for this act, so far as may be ascertained by the 
records and doings of the city of Newton or any of its 
officers. 

Section 5. The several courts within the county of Jurisdiction of 

...... ,.. ,. „ . , courts and of 

Middlesex, and justices of the peace, after this act takes justices of the 
effect, shall have the same jurisdiction over all causes and pe<ice ' 
proceedings in civil causes and over all matters in probate 
and insolvency which shall have accrued within said terri- 
tory hereby annexed, that said courts now have over like 
proceedings, causes and actions within the county of 
Middlesex : provided, that the several courts within the Proviso, 
county of Suffolk shall have and retain jurisdiction of all 
causes, proceedings and matters that shall have been 



776 



1875.— Chapter 184. 



rightfully commenced in said courts prior to the time 
"when this act takes effect ; and the supreme judicial and 
superior courts within the county of Middlesex, after this 
act takes effect, shall have the same jurisdiction of all 
crimes, offences and misdemeanors that shall have been 
committed within the said territory, that the supreme 
judicial and superior courts within the county of Suffolk 
now have; but if before this act takes effect, proceedings 
shall have been commenced in any of the courts within the 
county of Suffolk for the prosecution of said crimes, offences 
and misdemeanors, the said courts within the county of 
Suffolk shall have and retain jurisdiction of the same for 
the full, complete and final disposition thereof. All suits, 
actions, proceedings, complaints, indictments and prosecu- 
tions and all matters of probate and insolvency which shall 
be pending within said territory before any court or justice 
of the peace when this act takes effect, shall be heard and 
determined as though this act had not passed. 
All interest in Section 6. All the interest which said territory now 
of Suffolk to be has in the public property of the county of Suffolk is re- 
suffolk? t0 leased and acquitted to the county of Suffolk. Nothing 
contained in this act shall impair the obligation of contracts ; 
and the property and inhabitants of said territory shall 
continue liable to the existing creditors of the county of 
Suffolk in like manner as if this act had not been passed : 
provided, that if any person by reason of his being an 
inhabitant of or owning property in said territory shall be 
compelled to pay any part of an existing debt or obligation 
of the county of Suffolk, 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 Suffolk. 

Such portions of the debts and obligations of the county 
of Suffolk and city of Boston, existing when this act takes 
effect, over and above the value of all the property belong- 
ing to said county as should proportionally and equitably 
be paid by the inhabitants and property owners of said 
territory by this act annexed to the city of Newton, shall 
be paid by said city to said county of Suffolk and city of 
Boston, and the supreme judicial court shall have jurisdic- 
tion in equity to determine the amount, if any, and enforce 
the payment of the same upon a suit in equity, in the name 
of said county and city, to be brought therefor within six 



Debts of county 
of Suffolk and 
city of Boston. 



1875.— Chapter 185. 777 

months after this act goes into effect, by the mayor and 
aldermen of the city of Boston, if they deem such suit for 
the interest of the said county and city ; but no such suit 
shall be instituted after six months. 

Section 7. The territory hereby annexed to the city Territory an. 
of Newton shall be attached to and made part of ward one of ward one, p fn 
in the city of Newton, and shall so remain until the altera- Newton - 
tion of the ward limits by the city of Newton as provided 
by law. 

Section 8. The city of Newton shall have the power county and city 
and authority to alter, straighten, widen, repair and grade wayB " 
all county and city ways within said territory in the same 
way that it is now authorized to alter, straighten, widen, 
repair and grade city ways and streets. 

Section 9. This act shall not take effect unless accepted Subject to ac 

... « . ueptance by city 

by the city of Newton within two months from its passage, of Newton. 

Section 10. The city clerk of Newton shall certify to ratycierkto 
the secretary of the Commonwealth the acceptance by the a nce tVsecre." 
city council of Newton, immediately after the same has commonwealth, 
been accepted. 

Section 11. So much of this act as authorizes the city when to take 
council of Newton to accept the same shall take effect upon t 
its passage, and if accepted as herein provided it shall take 
effect on the first day of July, in the year eighteen hundred 
and seventy-five. Approved May 5, 1875. 

An Act for the laying out of public parks in or near the Qhap.185 

city of boston. 
Be it enacted, &c., as follows: 

Section 1. The mayor of the city of Boston, with the Three cpmmia- 

, r. , , .. -l i ii i iv sioners to be 

approval ot the city council, shall as soon as may be alter appointed by 
this act shall take effect, appoint three competent commis- Boston? ™* 
sioners, who shall hold their offices until the expiration of 
terms of two, three and four years, respectively, from the 
first day of May, in the year eighteen hundred and seventy- 
five. The mayor shall, Avith like approval, before the first 
day of May in each year after the year eighteen hundred 
and seventy-six, appoint a commissioner to continue in 
office for the term of three years from said day. No per- 
son shall be a commissioner who is at the same time a 
member of the city council of said city ; and any commis- 
sioner may at any time be removed by a concurrent 
vote of two-thirds of the whole of each branch of said 
council. 



778 



1875.— Chapter 185. 



Board of park 

commissioners. 

Vacancies. 



Compensation. 



May locate, etc. 
one or more 
parks in the 
city. 



To make rules 
for government 
of parks. 



To appoint 
engineers and 
police force. 



No land to be 
taken until suf- 
ficient appro- 
priation is made. 



To file in regis- 
try of deeds a 
description of 
the land taken. 



To estimate and 
determine all 
damages. 



Section 2. Said commissioners shall constitute a board 
of park commissioners, and any vacancy occurring in said 
board shall be rilled, for the residue of the term of the 
commissioner whose place is to be filled, in the same man- 
ner in which such commissioner was originally appointed. 
Said commissioners shall receive such compensation as the 
city council shall determine. 

Section 3. Said board shall have power to locate 
within the limits of the city of Boston, one or more public 
parks ; and for that purpose, from time to time, to take in 
fee, by purchase or otherwise, any and all such lands as 
said board may deem desirable therefor ; or to take bonds 
for the conveyance thereof to said city, to lay out, improve, 
govern and regulate any such park or parks, and the use 
thereof; to make rules for the use and government thereof, 
and for breaches of such rules to affix penalties not exceed- 
ing twenty dollars for one offence, to be imposed by any 
court of competent jurisdiction ; to appoint all necessary 
engineers, surveyors, clerks and other officers, including a 
police force to act in such parks ; to define the powers and 
duties of such officers, and fix the amount of their compen- 
sation ; and generally to do all needful acts for the proper 
execution of the powers and duties granted to, or imposed 
upon said city, or said board, by this act: provided, hoiv- 
ever, that no land shall be taken, or other thing involving 
an expenditure of money done, until an appropriation, 
sufficient to cover the estimated expense thereof, shall 
have been made by a vote of two-thirds of each branch, of 
the city council of said city. 

Section 4. Said board shall, within sixty days after 
the taking of any land under this act, file in the registry 
of deeds for the county in which the land is situated a 
description thereof, sufficiently accurate for identifying the 
same. 

Section 5. Said board shall estimate and determine all 
damages sustained by any persons by the taking of land 
or other acts of said board in the execution of the powers 
vested in them by this act ; but any party aggrieved by 
any such determination of said board, may have his dam- 
ages assessed by a jury of the superior court, in the same 
manner as is provided by law, with respect to damages 
sustained by reason of the laying out of ways in the city 
of Boston. 



1875.— Chapter 185. 779 

Section 6. The fee of all lands taken or purchased by Fee of lands 

, . L " taken to vest in 

said board under this act shall vest in the city or Boston, the city. 
and said city shall be liable to pay all damages assessed or 
determined, as provided in the preceding section, and all 
other costs and expenses incurred by said board in the 
execution of the powers vested in them by this act. Said 
city shall also be authorized to take and hold in trust or 
otherwise any devise, grant, gift or bequest that may be 
made for the purpose of laying out, improving or orna- 
menting any parks in said city. 

Section 7. Anv real estate in the city of Boston, which Real estate 

• • • iiii • i n a. l may be assessed 

in the opinion or said board shall receive any benefit ana for betterments. 

advantage from the locating and laying out of a park under 

the provisions of this act, beyond the general advantages 

to all real estate in the city of Boston, may, after like 

notice to all parties interested as is provided by law, to be 

given by the street commissioners of the city of Boston in 

cases of laying out streets in said city, be assessed by said 

board for a proportional share of the expense of such 

location and laying out : provided, that the entire amount 

so assessed upon any estate shall not exceed one-half of 

the amount which said board shall adjudge to be the whole 

benefit received by it. 

Section 8. No assessment shall be made as provided 4 B maSe witua 
in the preceding section except within two years after the two years, 
passage of the order, the execution of which causes the 
benefit for which the assessment is made. 

Section 9. All assessments made under this act shall Hen^pon^i 3 
constitute a lien upon the real estate so assessed, to be estate. 
enforced and collected by the city of Boston, in the same 
manner and with like charges for costs ahd interest as is 
provided by law for the collection of taxes ; and such 
assessments may be apportioned by said board in like 
manner as assessments for benefits caused by the laying 
out of ways may now be apportioned by the street com- 
missioners of said city. 

Section 10. Anv party aggrieved by any assessment Party aggrieved 

v i •/ oo *j *s m.iy hfive as- 

made by said board as aforesaid, may have the amount of sessment by a 
the benefit received by his estate assessed by a jury of the JU1> ' 
superior court in the same manner as is provided by law 
with respect to damages sustained by reason of the laying 
out of ways in the city of Boston. 

n i-i x,T. J . i t ji • Assessment 

Section 11. When an assessment is made under this upon leased real 

.... , , .. ,. i . i • estate to be paid 

act upon an estate, the whole or any portion ot which is by owner. 



7S0 1875.— Chapter 185. 

leased, the owner of the estate shall pay the assessment, 
owner may and may thereafter collect of the lessee an additional rent 

collect addition. e , i , . -, -. , , , 

ai rent of lessee, tor the portion so leased, equal to ten per centum per 
annum on that proportion of the whole sum paid, which the 
leased portion bears to the whole estate after deducting 
from the whole sum so paid, any amount he may have re- 
ceived for damages to the estate above what he has 
necessarily expended on such estate by reason of such 
damages. 

Public Park Section 12. For the purpose of defraying the expenses 

incurred under the provisions of this act, the city council 
of Boston shall have authority to issue, from time to time, 
and to an amount not exceeding the amount actually ex- 
pended for the purchase or taking of lands for said parks, 
bonds or certificates of debt, to be denominated, on the face 
thereof, the "Public Park Loan," and to bear interest at a 
rate not exceeding six per centum per annum, and to be 
payable at such periods as said council may determine. 

sinking fund. * For the redemption of such loan said council shall establish 
a sinking fund sufficient, with the accumulating interest, 
to provide for its payment at maturity. All sums received 
for betterments shall be paid into said sinking fund, until 
such fund shall amount to a sum sufficient, with its accu- 
mulation, to pay at maturity the bonds for the security of 
which the fund was established. 

streets, etc., not Section 13. No street or way, and no steam or horse 

to be laid out •liiiiii-i • /• i 

over park, railroad shall be laid out over any portion ot any park 
approve! °' located under this act, except at such places and in such 

manner as said board shall approve. 
^i^i-y todies Section 14. No military encampment, parade, drill, 
park unless review, or other military evolution or exercise shall be held 

board consents. r. i i 1 • i . o • -i j. -^.l 

or performed on any park laid out as aforesaid, except with 
the prior consent of said board ; nor shall any military 
body, without such consent, enter or move in military order 
within the same, except in case of riot', insurrection, rebell- 
ion or Avar. 
to^SwStf Section 15. Said board shall annually, in the month 
city council. G f January, make to the city council of Boston, a full 
report of its doings for the preceding year, including a 
detailed statement of all their receipts and expenditures. 
Park commis. Section 16. The mayor of any city adjoining the city 

sioners may be . ** •/•/«/ o •* 

appointed in of Boston may, with the approval of the city council of 

Boston. J ° imng such adjoining city, appoint, and the inhabitants of any 

town adjoining the city of Boston may, at any legal meet- 



1875.— Chapter 185. 781 

ing called for the purpose, elect park commissioners, who 
shall have powers similar to those hereinbefore given to 
the park commissioners of the city of Boston, to lay out 
and improve parks within such adjoining city or town in 
conjunction or connection with any park laid out in Boston ; 
and any park laid out by the park commissioners of such 
adjoining city or town shall be subject to similar provisions 
to those hereinbefore made regarding parks in Boston, 
and such adjoining city or town shall have similar rights 
and be subject to similar duties to those hereinbefore 
given to and imposed upon the city of Boston in relation 
to incurring debts for the purpose of defraying expenses 
incurred under this act : provided, however, that the pro- Proviso, 
visions of this section shall not apply to any such adjoining 
city that has not accepted the same by a vote of a majority 
of the legal voters at the annual meeting for the choice of 
municipal officers. 

Section 17. This act shall not take full effect unless Subject to 
accepted by a majority of the legal voters of the city of majority vote. 
Boston, present, and voting thereon, by ballot and using 
the check-list, at meetings which shall be held in the several 
wards of said city on the second Wednesday of June in the 
present year, and upon notice thereof duly given at least 
seven days before the time of said meetings ; and the polls 
shall be opened not later than nine o'clock in the forenoon 
and closed not earlier than six o'clock in the afternoon of 
said day. In case of the absence of any ward officer at 
airy ward meeting in said city, held for the purpose afore- 
said, a like officer may be chosen pro tempore by hand vote, 
and shall be duly qualified, and shall have all the powers 
and be subject to all the duties of the regular officer at said 
meetings. Said ballots shall be "yes" or "no," in answer 
to the question, "Shall an act passed by the legislature of 
the Commonwealth, in the year eighteen hundred and 
seventy-five, entitled, 'An Act for the laying out of public 
parks in or near the city of Boston,' be accepted?" Such Meetings to be 
meetings shall be called, notified, and warned by the board foVeieetioVof* 8 
of aldermen of said city in the same manner in which j^^rsT 1 
meetings for the election of municipal officers are called, 
notified, and warned. 

The ballots given in shall be assorted, counted and de- 
clared in open ward meeting, and shall be registered in the 
ward records. The clerk of each ward shall within forty- 
eight hours of the close of the polls make return to the 



'82 



1875.— Chapter 186. 



Board of alder- 
men to certify 
result to secre- 
tary of the Com- 
monwealth. 



Secretary to 
issue his cer- 
tificate if act is 
accepted. 



When to take 
effect. 



board of aldermen of the number of ballots cast in his 
ward in favor of the acceptance of this act, and of the 
number cast against its acceptance. And it shall be the 
duty of the board of aldermen to certify, as soon as may 
be, to the secretary of the Commonwealth, the whole num- 
ber of ballots cast in said city in favor of the acceptance 
of this act, and the whole number cast against said accept- 
ance ; and if it shall appear that a majority of the ballots 
have been cast in favor of acceptance, the said secretary 
shall immediately issue and publish his certificate declaring 
this act to have been duly accepted. 

Section 18. So much of this act as authorizes and 
directs the submission of the question of its acceptance to 
the legal voters of the city of Boston, shall take eifect 
upon its passage. Approved May 6, 1875. 



Bills for expend 
itures incurred 
by committees 
of legislature 
to be approved 
in writing by a 
majority of 
committee. 



Chap. 186 An Act to provide for the proper auditing of legislative 

EXPENSES. 

Be it enacted, &c, as follows: 

Section 1. No money shall be allowed and paid from 
the treasury for expenditures of any kind incurred by 
committees of the legislature except such as are approved 
and audited in the following manner, namely : — at the 
beginning of each month during the sessions of the legis- 
lature, and at such other times as may be found convenient 
and necessary for the purposes of this act, it shall be the 
duty of the secretary, or other member of the committee 
designated for that purpose, to prepare a schedule of all 
accounts for such expenditures as may have been incurred, 
for which bills have been rendered, and such schedule 
with each bill enumerated thereon shall be presented to 
and passed upon by the committee. And when agreed to, 
shall be approved in writing by a majority of the mem- 
bers of the committee and shall then be transmitted to the 
auditor for allowance and payment : provided, that if any 
bill for any expenditure duly authorized and incurred dur- 
ing a regular or special session of the legislature shall not 
have been rendered during such session so that the same 
cannot be laid before the committee at a meeting as afore- 
said, the approval, in writing, of a majority of the mem- 
bers of the committee shall be sufficient to authorize the 
auditor to allow and certify the same for payment. Blank 
forms for the schedules herein mentioned shall be furnished 
by the auditor. 



1875.— Chapters 187, 188, 189. 783 

Section 2. Section two of chapter three hundred and Repeal. 
nine of the acts of the year one thousand eight hundred 
and sixty-nine, and so much of section three of the same 
chapter as is inconsistent herewith, are hereby repealed. 

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

Approved May 7, 1875. 

An Act to legalize certain doings of the ' : lee fire district." Q/iap. 187 
Be it enacted, &c., as follows ': 

Section 1. The doings of the "Lee Fire District" of P ^ 8 le s al - 
Lee at a meeting held on the twelfth day of April in the year 
eighteen hundred and seventy-five, are hereby legalized and 
made valid so far as the same relate to the choice of officers. 

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

Approved May 7, 1875. 

An Act to amend section nine of chapter three hundred and Q/iap. 188 
seventy-six of the acts of the year eighteen hundred and 
seventy-four, concerning lists ok voters in cities. 
Be it enacted, &c, as follows : 

Section 1. Section nine of chapter three hundred and ^74 en 3 d 7 ™ e § n 9 t0 
seventy-six of the acts of the year eighteen hundred and 
seventy-four, is hereby amended by inserting the word 
" second " before the word " day " wherever the latter word 
occurs in said section. 

Section 2. In addition to giving the notice now Notice to be 
required by said section, the mayor and aldermen of cities of\ e he°month ay 
shall also in their notices to the inhabitants of a meeting Honwm g cease. 
for any election, state the day of the month when registra- 
tion will cease, and also that after the close of said regis- 
tration no name will be entered on the check-list except 
as provided by the tenth section of the act of eighteen 
hundred and seventy-four aforesaid. 

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

Approved May 7, 1875. 

An Act to enable non-resident guardians to obtain property QJiar>. 189 

IN THIS STATE BELONGING TO THEIR WARDS RESIDING IN OTHER ^ ' 

STATES OR TERRITORIES OF THE UNITED STATES. 

Be it enacted, &c, as follows : 

Section 1. In all cases where any guardian and his Non-resident 
ward are residents of any other state or territory of the obtaktattris 7 
United States, and such ward is entitled to property of Iny onaieir 5 " 
any description in this state, when such guardian produces ™ a ""|| sident 
to the probate court of the county in which such property 
or the principal part thereof is situated, a full and com- 
plete transcript from the records of a court of competent 



784 1875.— Chapters 190, 191. 

jurisdiction in the state or territory in which he and his 
ward reside, duly exemplified or authenticated, showing 
that he has been appointed guardian of such ward, and 
that he has given a bond and security in the state or terri- 
tory in which he and his ward reside in double the value 
of the property of such ward, and also showing to such 
court in this Commonwealth that a removal of the property 
of such ward will not conflict with the terms or limitations 
attending the right by which the ward owns the same, 
then such transcript may be recorded in such court in this 
Commonwealth and such guardian shall be entitled to 
receive letters of guardianship of the estate of such minor 
from such court in this Commonwealth which shall authorize 
him to demand, sue for, and recover any such property, 
and remove the same to the place of residence of himself 
and his w T ard. And such court in this Commonwealth 
may order any resident guardian, executor or administra- 
tor having any of the estate of such ward, to deliver the 
same to such non-resident guardian. 
Repeal of 1866, Section 2. The second section of chapter one hundred 
and twenty-tw r o of the acts of the year eighteen hundred 
and sixty-six, is hereby repealed. Approved May 7, 1875. 

Chan 7 $0 An Act to amend chapter two hundred and twenty-five of 
■* ' the acts of the year eighteen hundred and fifty-five in 

relation to the free grammar school of brimfield. 
Be it enacted, (fee, as follows: 
Thirteen trus- Section 1. Section one of chapter two hundred and 
elected. twenty-five of the acts of the year eighteen hundred and 

fifty-five is hereby so amended that the number of trustees 
of the Free Grammar School of Brimfield shall be thir- 
teen instead of nine. 
Four trustees Section 2. It shall be lawful to elect four of said 

residents. trustees who are not residents of the town of Brimfield. 

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

Approved May 7, 1875. 

the abatement of a nuisance 
somerville and for the 
preservation of the public health in said cities." 
Be it enacted, &c., as folloivs: 
Main sewer to Section 1. The boards of mayor and aldermen of the 

be extended to . . ., ,,, . . , , ... , .. 

th.e deep water cities of Cambridge and Somerville, by concurrent action, 

ChMies River, shall, within two years from the passage of this act, 

extend the main sewer constructed under the provisions 

of chapter three hundred and four of the acts of the year 



Chap. 191 An Act in addition to "an act for tl 

IN THE CITIES OF CAMBRIDGE AND 



1875.— Chapter 192. 785 

eighteen hundred and seventy- three, in the cities of Cam- 
bridge and Somerville, from its present terminus at the 
commissioners' line on Charles lliver towards or into the 
deep-water channel of said river ; the expense thereof to 
be borne by said cities respectively in the same propor- 
tions as the expense of said main sewer is borne. 

Section 2. The work hereby authorized shall not be Plans to be 
commenced until the plans thereof are approved by the harbor commis- 
harbor commissioners. sioners. 

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

Approved May 8, 1875. 

An Act to provide for an investigation of the question of the @/ ia p, J92 
USE of running streams as common sewers in its relation to ^' 

THE public health. 
Be it enacted, <fcc, as follows : 

Section 1. The state board of health shall investigate state board of 
by themselves or by agents appointed by them, the subject U gate subjecTof 
of the correct method of drainage and sewerage of the ^'V!!f„ e p and 
cities and towns of the Commonwealth, especially with 
regard to the pollution of rivers, estuaries and ponds by 
such drainage or sewerage, and to devise and report a 
system or method by which said cities or towns may be 
properly drained, and said rivers, estuaries and ponds may 
be protected against pollution, so far as possible, all with 
the view to the preservation of the health of the inhabitants 
of this Commonwealth, and the securing to the several 
cities and towns thereof a proper system of drainage and 
sewerage, without injury to the rights and health of To report how 
others ; also, to report how far said sewage may be utilized bYutiiiled. may 
and disposed of. 

Section 2. Said state board of health or agents May enter upon 

i -I 1 .1 . -it ,■ lands and em. 

employed by them, may enter upon and make surveys ot p i y assistants. 

lauds, so for as may be required, and without unnecessary 

injury thereto, and said board may employ such assistants, 

with the consent of the governor, as from time to time 

may be expedient. They shall report to the next general Report to legis- 

court, not later than tho first day of February, eighteen 

hundred and seventy-six. 

Section 3. The compensation of the members of said compensation 
state board of health, or agents emploj'ed by them for agents. 
services under this act, shall be fixed l)y the governor and 
council, which, with the expenses incurred by them, to be 
approved by the same authority, shall be paid by the 

26 



786 



1875.— Chapter 193. 



Chap. 193 



Highway and 
bridge to be 
constructed 
across Connec- 
ticut River, at 
Turner's Falls. 



Commissioners 
may take prop- 
erty of persons 
or corporations, 



To file descrip- 
tion of land 
taken in clerk's 
office, in Frank 
lin County. 



treasurer of the Commonwealth on the warrant of the 
governor. 

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

Approved May 8, 1875. 

An Act to provide for the construction and maintenance 
of a highway and bridge across the connecticut river at 
turner's falls. 
Be it enacted, &c., as follows : 

Section 1. The present commissioners for the county 
of Franklin, — namely, Nelson Burrows, John M. Smith, and 
Carlos Batchelder, — are hereby authorized and required, 
as a board hereby constituted for that purpose, to proceed 
at once after the passage of this act, to lay out, construct, 
or cause to be constructed, a substantial, convenient and 
safe highway and bridge, with suitable approaches thereto, 
provided, that the expense of the same shall not exceed 
the sum of forty-two thousand dollars, across the Connec- 
ticut River and Great Island, so called, at Turner's Falls, 
between the towns of Gill and Montague, in said county 
of Franklin, pursuant to the adjudication as to common 
convenience and necessity, made by the commissioners of 
said county on the sixteenth day of October, in the year 
eighteen hundred and seventy-four, on the petition of A. 
W. Stevens, and others, for a highway and bridge at the 
place aforesaid. The said highway and bridge shall be 
constructed and completed within two years from the pas- 
sage of this act. 

Section 2. The commissioners aforesaid are hereby 
authorized and directed to take and appropriate, if neces- 
sary, for the purposes of said highway and bridge, the 
private property of any person or persons or corporations, 
and upon taking the same shall, upon due notice and hear- 
ing, estimate and award the damages to the owner or 
owners thereof, and shall forthwith tile in the clerk's office 
in the county of Franklin, a description of the property 
taken, with metes and bounds, with their appraisal of the 
damages by them awarded to the owner or owners of said 
property. 

Any person aggrieved by the award of said commis- 
sioners, may, within one year after the filing of the 
description aforesaid, on application in writing to the 
commissioners of said county, have a jury to appraise 
said damages, in the same manner, and subject to the 
same provisions as in the case of land taken for highways. 



1875.— Chapter 193. 787 

Section 3. The expense of the construction of the Expense of con- 

p . -I i • i i>i t i lii'Ai struction to be 

aforesaid highway, bridge and approaches, shall in the erst paid by 
first instance be paid by the county of Franklin, and the count y- 
commissioners of said county are hereby authorized, 
empowered and directed to borrow, on the credit of said 
county, such sums of money as may, from time to time, 
be required by the commissioners named in the first sec- 
tion of this act, for the purposes of the same, not exceed- 
ing in the whole the sum of forty-two thousand dollars. 

The money so borrowed shall be deposited in the county 
treasury, and the county treasurer shall pay out the same 
as ordered, in writing, by the said last-named commis- 
sioners ; and said treasurer shall keep a separate and accu- 
rate account of all sums of money borrowed and expended 
under the provisions of this act, including interest paid on 
the money borrowed. 

Section 4. Upon the completion of the highway, commissioners 

r. • i T 1 /• 'ixi • l •• to file detailed 

bridge and approaches aforesaid, the said commissioners statement of 
shall file in the office of the clerk of the superior court, in c? e 8 rVof courts* 
the county of Franklin, a detailed statement, certified co!nrt nklin 
under their hands, of the cost of the construction of said 
highway and bridge, including their own charges for ser- 
vices in the construction of the same, and the amount of 
interest paid on money borrowed under the provisions of 
this act. 

At the term of said court in said county next after the commissioners 
filing of said statement, upon the application in writing of J° awSTprof d 
any party interested, the said court shall, upon such portion to be 

*>. * J i-ii • i paid by towns 

notice as may be deemed proper, appoint a board of three and county, 
commissioners, who, having been first duly sworn to the 
faithful and impartial discharge of their duties, shall, 
after due notice to all parties interested, and a hearing 
thereon, determine and decree and name the towns in said 
county which will be specially benefited by the aforesaid 
highway and bridge ; and determine and award and name 
the proportion of the expense of the construction of the 
same that shall be paid by each of said towns, and by the 
county of Franklin : provided, that not more than one- Proviso. 
tenth of said expense shall be assessed upon said county. 
The said commissioners shall also determine and name the Maintenance 
towns by which the expense of the maintenance and aud repairB - 
repairs of said highway and bridge, including approaches, 
abutments and piers shall be paid, and also determine and 
name the proportion of said expense that shall be paid by 



788 



1875.— Chapter 193. 



Expenses and 
fees of comniis- 



Clerk of court 
to transmit copy 
of report, etc., 
to county com- 
missioners and 
selectmen. 



Each town liable 
shall pay its 
proportion into 
county treasury. 



Turner's Falls 
Bridge Commit- 
tee to have 
charge of bridge, 
etc., and keep 
in repair. 



each of said towns. The report of said commissioners, 
or of the major part of the same, shall be made in writing 
and tiled in the office of the clerk of the superior court 
for the county of Franklin, and a copy of the same, cer- 
tified by said clerk, shall be forthwith transmitted to the 
commissioners of said county, and to each of the several 
towns named in said report, and said court at the term 
thereof next after the filing of said, report, shall, unless 
sufficient cause is shown to the contrary, accept and 
affirm said report, and enter judgment thereon, and the 
same shall thereupon be binding upon all parties inter- 
ested therein. The expenses and fees of the commissioners 
appointed by said court shall be paid in such manner and 
by such parties as the said commissioners shall determine 
and award. 

Section 5. Within twenty days after the entry of the 
judgment mentioned in the preceding section, the clerk of 
said court shall transmit a true and attested copy of said 
report and the judgment thereon, to the commissioners of 
Franklin County, and a like copy to the selectmen of each 
town mentioned in said report. And each town liable 
under said award and decree to contribute to the payment 
of the expenses of the construction of said highway and 
bridge, shall pay its proportion of said expense into the 
treasury of the county of Franklin, in such manner and in 
such instalments as the commissioners for said county 
shall by a special order determine and direct ; and if any/ 
town shall neglect or refuse to pay its proportion of said 
expense, as required by said order, the said commissioners 
shall, after notice to said town, and unless sufficient cause 
is shown to the contrary, issue a warrant against said town 
for the sum it was ordered to pay, with the interest and 
the costs of the notice and warrant ; and the same shall be 
collected and paid into the county treasury, to be applied 
in payment of the expenses aforesaid. 

Section 6. Upon the completion of the said highway 
and bridge, the commissioners for constructing the same 
shall cause notice thereof to be served upon the selectmen 
of the towns of Gill and Montague, and said notice, with 
the return of the service thereof, shall be filed in the 
clerk's office in the county of Franklin, and from, and after 
the date of the filing of said notice, the selectmen, for 
the time being, of the towns of Gill and Montague (who 
are hereby and for such purposes constituted a board with 



1875.— Chapter 194 789 

the name of " The Turner's Falls Bridge Committee ") , 
shall have the care and superintendence of said highway, 
bridge, abutments, piers and approaches, and shall cause 
the same to be maintained and kept in good repair, and 
safe and convenient for travel ; and the said committee 
shall annually, on or before the first day of February in 
each year, report in detail to the several towns, bound to 
contribute to the maintenance and support of said highway 
and bridge, the expense of such maintenance and support 
for the year ending on the first day of January next 
preceding the date of said report, with a statement of the 
proportionate sum to be paid by each of said towns on 
account of said maintenance and repairs, under the deter- 
mination and award hereinbefore mentioned, which sums 
shall be paid by said towns to said committee on or before 
the first day of July in each year. 

In case any town shall neglect to pay said sum on or 
before the said first day of July, the said committee are 
hereby authorized and empowered to commence and 
prosecute in the name of the Turner's Falls Bridge Com- 
mittee, an action of contract, in the superior court for 
said county of Franklin, for the recovery of the same. 

Section 7. The said towns of Gill and Montague GiiiandMon- 
shall be jointly liable for all injuries and damages suffered ukbiefbr 1 dam- 
by any one in person or property, by reason of any defect d1fecu™fcridge. 
in said highway and bridge, in proportion to the respective 
valuations of said towns for the year in which the injury 
or damage is suffered. Approved May 8, 1875. 

An Act concerning sewerage and drainage in westfield. Chew 194 
Be it enacted, &c., as follows : 

Section 1. The legal voters of the town of West- Board of corn- 
field may, at a meeting called for the purpose, elect a ""wt'rageand 
board of five commissioners, voters in Westfield, who ekT t0 be 
shall be called the board of commissioners on sewerage 
and drainage in Westfield, who shall serve until the first 
day of January, eighteen hundred and seventy-six, from 
and after which date, the board of water commissioners of 
said Westfield, shall also be the board of commissioners 
on sewerage and drainage. 

Section 2. Said board of commissioners alone, shall Toconstruct 

it. . . . nIK ' maintain 

have authority to construct, maintain and repair all main common sewers. 
drains and common sewers in said town, in accordance 
with votes of the town from time to time, and said drains 
and sewers shall be the property of the town. 



790 



1875.— Chapter 194. 



May take lands 
and divert 
water-courses. 



To proceed as 
in taking land 
for town ways. 



Persons benefit- 
ed may be 
assessed for 
proportionate 
share of ex- 
pense. 



May allow other 
drains to enter 
main drains. 



Persons ag. 
grieved may 
apply for a jury. 



Contracts of 
board to bind 
town. 

When to take 
effect. 



Section 3. For the purpose of sewerage and drain- 
age, said board of commissioners may take any lands in 
said town, public or private, necessary therefor, and may 
take and divert any streams or water-courses within the 
limits of said town, and may change the course and chan- 
nel thereof, in any manner they deem expedient, and 
devote the same to said purposes. 

Section 4. In taking said lands and water-courses for 
said purposes, the board shall proceed in the manner 
required by law, in cases where land is taken for town 
ways ; and persons suffering damages in their property, 
shall have the same rights and remedies for ascertaining 
and recovering the amount thereof, as are provided by law 
for ascertaining and recovering damages for lands taken 
for town ways. 

Section 5. Any person benefited by the acts of said 
board, shall pay to the treasurer of the town such sums 
as said board shall assess upon him, as his proportionate 
share of the expenditure for said purposes ; and the sum 
so assessed shall constitute a lien upon his real estate so 
benefited, for two years from the time of such assessment ; 
and if the amount is not paid within ninety days after the 
notice thereof, the same may be levied by a sale of said 
real estate, to be conducted in the same manner as a sale 
of real estate for the non-payment of taxes. 

Section 6. Said board of commissioners may allow 
any particular drains to enter such main drains and sewers 
upon such terms and conditions as they may prescribe. 

Section 7. Any persons aggrieved by the doings of 
said board of commissioners under section five, may, at 
any time, within three months after receiving notice of any 
assessment as aforesaid, apply for a jury in the same man- 
ner and with the same effect as provided in section six, 
chapter forty-eight of the General Statutes. 

Section 8. All contracts made by said board for. the 
purposes of this act shall be the contracts of the town. 

Section 9. This act shall take effect upon its passage, 
and shall become void unless accepted within two years by 
a two-thirds vote of the legal voters of the town of West- 
field, present and voting at a legal meeting called for that 
purpose, and held in the same manner as meetings for the 
election of town officers ; the check-list shall be used and 
the voting at such meeting shall be by ballot, written or 
printed, yea or nay. Approved May 8, 1875. 



1875.— Chapter 195. 791 

An Act relating to the Massachusetts institute of tech- QJiap. 195 

NOLOGY, AND THE CITY OF BOSTON. 

Be it enacted, tfcc, as folloivs : 

Section 1. The governor and council are hereby Land may be 
authorized to grant to the Massachusetts Institute of infinite of a ' 
Technology the right to hold, occupy and control such a Techllol °gy- 
parcel of land out of the lands of the Commonwealth, 
situated in that part of Boston called the Back Bay, as 
they shall deem a fair equivalent for the similar right with 
regard to the parcel of laud granted to said institute by 
the one hundred and seventy-fourth chapter of the acts of 
the year eighteen hundred and seventy-three : provided, 
that said institute shall execute a satisfactory release to the 
Commonwealth of all its right, title, and interest in and 
to said last named parcel acquired by it under said act. 

The said institute shall thereupon have the right to hold, 
occupy and control the said first named parcel of land 
upon the same trusts, and subject to the same limitations, 
stipulations, and conditions, as are set forth in said act 
with reference to the parcel described therein. 

Section 2. Upon the release to the Commonwealth 
by the Massachusetts Institute of Technology of all its 
right, title, and interest in the parcel of land granted to it Land may be 

, <=> ' ' - , , , ,. .ii - /• ,i i. granted to the 

by the one hundred and sevcnty-lourth chapter ot the acts city of Boston, 
of the year eighteen hundred and seventy-three, and upon ^ a e puwic° pen 
payment by the city of Boston of such a sum to the palk> etc - 
treasurer of the Commonwealth, as may be deemed 
adequate by the governor and council, the said governor 
and council are hereby authorized to grant to said city of 
Boston a perpetual right to hold, occupy, and control said 
parcel of land free from rent or charge by the Common- 
wealth, upon condition that it shall forever be kept open 
as a public park by said city : said lot to be subject to the 
limitations and stipulations relative to lands of the Com- 
monwealth on the south side of Boylston Street, and to 
be reserved from sale forever ; and upon the further con- 
dition that the city of Boston shall acquire, by purchase or 
otherwise, the remainder of the trapezoid of land of which 
this parcel is a part, lying westerly thereof, and between 
this parcel and Dartmouth Street, and shall appropriate it 
to the same purpose. 

Section 3. In case said city shall appropriate the iftheiandis 
parcel of land, hereby granted, to any purpose foreign to JX* purple, 
that for which it is granted, then the Commonwealth, m °™7 a ° k 7 p e a 8 ! h 
after due notice given, may enter upon said lot and take session. 



792 1875.— Chapters 196, 197, 198. 

possession thereof, and the right of the city of Boston to 
the use, occupation, and control of said lot shall thereupon 
cease. 

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

Approved May 8, 1875. 

Ohaj), 196 ^ N ^ CT TO AMEND SECTION TWO OF CHAPTER TWO HUNDRED AND 
EIGHT OF THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND FIFTY- 
NINE, RELATING TO THE TRUSTEES OF THE MUSEUM OF COMPARATIVE 
ZOOLOGY. 

Be it enacted, &c., as folloivs : 
May hold prop. Section 1. The "Trustees of the Museum of Com- 

erty not exceed- • .. r» ... ,, . iii 1 n 

iug $1,000,000. parative Zoology may receive, hold, purchase and possess 
real and personal property not exceeding on million dol- 
lars in value. 

Repeal. Section 2. So much of section two of chapter two 

hundred and eight, of the acts of the year eighteen hun- 
dred and fifty-nine, as is inconsistent herewith is repealed. 

Approved May 8, 1875. 



Chap. 197 ^ N -^ CT T0 LEGALIZE CERTAIN RECORDS AND PROCEEDINGS OF THE 
WEBSTER SQUARE METHODIST EPISCOPAL CHURCH, OF WORCESTER. 

Be it enacted, &c, as follows : 
Records and Section 1. The records and proceedings of the 

m^de valid" "Webster Square Methodist Episcopal Church, a religious 
society existing in the city of Worcester, from the first 
day of January, eighteen hundred and sixty-seven, to the 
present time, shall be considered and held in all respects 
as valid and effectual, as if the clerk of said society had 
been duly sworn, notwithstanding the fact that he was not 
so sworn. 

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

Approved May 8, 1875. 

Chap. 198 An Act to incorporate Foster's wharf company. 

Be it enacted, &c, as follows: 
Corporators. Section 1. William R. Clark, William B. Haseltine, 

George W. Coleman, Lewis Coleman and William R. 

Clark, Jr., their associates and successors, are hereby 
Name and pur- made a corporation by the name of Foster's Wharf Com- 
po8e ' P^uy, with power to purchase and hold in fee simple, the 

premises and estate known as Foster's Wharf, in Boston, 

in the county of Suffolk, with all the privileges and ap- 
wharfageand purtenauces, and rights of dockage and wharfage, to the 
doakage. same belonging. And the said company may sell and 



1875.— Chapter 199. 793 

convey the same, or any part thereof: provided, that Proviso. 
nothing herein contained shall authorize the said company 
to infringe upon the legal rights of the city of Boston or 
any person or corporation, or to encroach upon any public 
or private way, or to build any structure on the premises 
not now authorized by law, or be construed to take away 
any right heretofore granted to the Boston, Revere Beach 
and Lynn Railroad Company. 

Section 2. And the said company shall also have the May purchase 
power to purchase and hold in fee simple, and to acquire Fou£heriy°side 
and hold any leasehold interest in any land or wharf ^ h ^£ ter ' 8 
property on the southerly side of, and within three hun- 
dred feet of said Foster's Wharf estate, and to sell, let, 
use, improve and dispose of the same subject to all the 
provisions herein. 

Section 3. The capital stock of said companv shall Ca f % ^ stook 
consist of five thousand shares of one hundred dollars 
each ; and no shares shall be issued for a less sum or 
amount, to be actually paid in on each, than the par value 
of the shares which shall first be issued. 

Section 4. Said corporation shall have all the powers Powers and 
and privileges, and be subject to all the duties, restric- 
tions and liabilities set forth in all general laws which now 
are or hereafter may be in force relating to such corpora- 
tions. 

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

Approved May 8, 1875. 



Chap. 199 



An Act to supply the town of watertown with puke water. 
Be it enacted, &c, as follows : 

Section 1. The town of Watertown is hereby author- watertown t» 
ized to take, hold and convey into and through said town tfithwater! 
the waters of Kendall's Pond, so called, in the towns of 
Belmont and Waltham, together with the tributary waters 
which flow into said pond, for the extinguishment of fires, 
domestic and other purposes ; or, at its election, for the 
purposes aforesaid, to take, hold and convey into and 
through said town from Charles River, at any convenient 
point upon the same, within said town, sufficient water for 
the use of said town and its inhabitants, not exceeding one 
million and a half gallons daily: and may also take and May take and 

hold liuds etc 

hold, by purchase or otherwise, any lands or real estate 
necessary for laying and maintaining aqueducts or pipes, 
constructing or maintaining reservoirs and such other 

27 



794 



1875.— Chapter 199. 



To file in regis- 
try of deeds a 
description of 
the land taken. 



May lay down 
pipes and main- 
tain dams and 
reservoirs. 



May regulate 
use of water and 
prices to be paid 
therefor. 



Water commis- 
sioners to be 
elected. 



works as may be deemed necessary or convenient for rais- 
ing, retaining, distributing or disposing of said water. 

Section 2. The town of Watertown shall, within sixty 
days from the time it shall take any lands for the purposes 
of this act, file in the registry of deeds of the county and 
district in which said lands lie, a description of the land 
so taken as certain as is required in a common conveyance 
of lands, and a statement of the purposes for which they 
are taken, which description and statement shall be signed 
by a majority of the selectmen of said town. 

Section 3. Said town of Watertown may make, build 
and lay down aqueducts and pipes, from said sources, to, 
into, through and about said town of Watertown, and 
secure and maintain the same by any works suitable there- 
for ; may erect and maintain dams to raise and retain the 
water taken ; may construct and maintain reservoirs to 
secure the water taken ; and may make, erect and main- 
tain and carry on such other works as may be necessary or 
proper for raising the water into the same, and forcing and 
distributing the water through and about said town of 
Watertown ; may make and establish such public hydrants 
and fountains in such places in said town of .Watertown 
as may, from time to time, be deemed proper ; may pre- 
scribe the purposes for which the same may be used ; may 
change or discontinue the same ; may distribute the waters 
through said town of Watertown, and for this purpose 
may lay down pipes to any house or building therein, the 
owner or owners thereof assenting in writing thereto ; may 
regulate the use of said water and establish, receive and 
collect the prices or rent to be paid therefor ; and may, 
for the purposes aforesaid, carry, conduct and maintain 
any aqueducts, pipes or other works, under, through or 
across any water-course, canal, street, bridge, railroad, 
highway, or other way, in such a manner as not to obstruct 
the travel or free use thereof; may enter upon and dig up 
any such road, street or way, for the purpose of laying 
down pipes beneath the surface thereof, and for maintain- 
ing and repairing the same; and, in general, may do any 
other acts and things necessary or convenient and proper 
for carrying out the purposes of this act. 

Section 4. Three persons, to be elected by ballot by 
the said inhabitants, as hereafter provided, shall form a 
board of water commissioners, who shall execute, super- 
intend and direct the performance of all the works, mat- 



1875.— Chapter 199. 795 

ters and things mentioned in this act, and exercise all the 
rights, powers and privileges hereby granted, and not 
otherwise specifically provided for herein, subject to the 
vote of said town. At any special or annual meeting of 
the inhabitants of said town, called for the purpose, one 
of the said board of water commissioners shall be elected 
for three years, one for two years, and one for one year, 
from the next succeeding annual town meeting ; after 
which first election, one-third of said board, as the term 
expires, shall be elected at the annual town meeting for 
the term of three years. The said commissioners shall F°F ip I n8 5 t L on 

J , to be fixed by 

receive such salaries or compensation as the town by vote town, 
may prescribe, and a majority of said commissioners shall 
be a quorum for the exercise of the powers and duties 
prescribed by this act. Such commissioners shall be sub- 
ject to such ordinances, rules and regulations in the execu- 
tion of their trust, as the town may from time to time 
ordain and establish, not inconsistent with the provisions 
of this act, and the laws of the Commonwealth. 

Section 5. For the purposes of defraying the cost Town may issue 

1 . *• " ° Watertown 

and expenses which may be incurred under the provisions water scrip, 
of this act, the town of Watertown, through its treasurer, $25o e ,ooo. e " 
sh;ill have authority to issue from time to time, notes, 
scrip or certificates of debt, to be denominated on the face 
thereof, " Watertown Water Scrip," to an amount not 
exceeding two hundred and fifty thousand dollars, bearing 
interest not exceeding seven per centum per annum, pay- 
able semi-annually : the principal shall be payable at 
periods not more than thirty years from the issuing of 
said notes, scrip or certificates, respectively. Said town 
of Watertown 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. The said town of Watertown shall sinking fund to 
annually set apart from the surplus income received for 
the use of said water, after deducting all expenses, and 
charges of distribution, or if that shall be insufficient shall 
raise by taxation, upon the polls and estates in said town, 
a sum amounting to three per centum, annually, of the 
whole amount of the notes, bonds or certificates issued 
under this section, which sum, with the interest and accu- 
mulations thereon, shall constitute a sinking fund for the 
redemption at maturity of the notes, bonds or certificates 
of debt of said town, issued as aforesaid ; and said sink- 



796 



1875.— Chapter 199. 



Commissioners 
of sinking fund 



To keep a 
record, and to 
make annual 
report to the 
town. 



Compensation 
of treasurer of 
board. 



Liability of 
town for dam 



ing 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. There shall be elected by the legal voters of 
said town, at any meeting of the inhabitants of said town, 
duly notified and Avarned for such purpose, three commis- 
sioners of said fund, one of whom shall hold office until 
the annual town meeting in the year eighteen hundred and 
seventy-seven ; one until the annual town meeting in the 
year eighteen hundred and seventy-eight ; and one until 
the annual town meeting in the year eighteen hundred and 
seventy-nine ; and each respectively until his successor is 
elected ; and annually after said first election there shall 
be chosen by the inhabitants of said town at its annual 
meeting, one commissioner for the term of three years. 
Said commissioners shall annually, at their first meeting 
after their election choose one of their number as treas- 
urer, who shall give a bond to the town of Watertowm for 
the faithful discharge of his duties, in such sum and with 
such sureties, as shall be required by the board of select- 
men of said town. The board of commissioners aforesaid 
shall invest the said sinking fund in the public funds of the 
United States, of any of the New England states, and of 
the counties, cities or towns of this Commonwealth, in the 
stock of any state or national bank located in this Com- 
monwealth, and in loans secured b}' first mortgage of real 
estate in the counties of Middlesex or Suffolk ; and they 
may sell, transfer and re-invest the stock and securities 
belonging to said sinking fund. The signatures of all 
said commissioners must be affixed to any instruments to 
bind them, or said town. They shall keep a record of 
their proceedings ; and shall annually, in the month of 
February, make a written report to the said town, of the 
amount and condition of said fund and the income thereof 
for the year. Their record and the securities belonging to 
said fund, shall at all times be open to the inspection of 
the selectmen or any committee of said town duly author- 
ized for that purpose. The necessary expenses of said 
commissioners shall be paid by said town ; the treasurer 
of the board shall receive such compensation as shall be 
fixed by said town ; but no other member of the board 
shall receive compensation for his services. 

Section 6. Said town of Watertown shall be liable to 
pay all damages that shall be sustained by any person or 



1875.— Chapter 199. 797 

persons in their property, by the taking of the waters of 
Charles River, or any other source of supply, or any part 
thereof, as authorized by this act, or by the taking of any 
lands, rights of way, water-rights or easements, or by the 
erection of any dams, or the construction of any aqueducts, 
reservoirs, water-ways or other works for the purposes of 
this act, and if the owner or owners of any property 
which shall be taken as aforesaid, or other person or per- 
sons sustaining damages as aforesaid, shall not agree as to 
the damages to be paid therefor, he or they may apply by 
petition for an assessment of the damages at any time 
within three years from the taking of said property, or 
the construction of dams or other works occasioning dam- 
ages as aforesaid, and not afterwards, to the superior court 
in the county of Middlesex. Such petition may be filed 
in the clerk's office of said court in vacation or in term 
time, and the clerk shall thereupon issue a summons to 
the said town of Watertown, returnable, if issued in vaca- 
tion, at the next term of the said court, to be held after 
the expiration of fourteen days from the filing of said 
petition; and if in term time, returnable on such day as 
the 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 return- 
able, by leaving a copy thereof, and of the said petition, 
certified by the officer who shall serve the same, with the 
clerk of said town. Said court may upon default or hear- 
ing of said town, appoint three disinterested persons, who 
shall, after reasonable notice to the parties, assess the 
damages, if any, which such petitioner may have sus- 
tained, 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 judg- 
ment shall be rendered, and execution issued thereon for 
the prevailing party, with costs, unless one of said parties 
shall claim a trial by jury, as hereinafter provided. 

Section 7. If either of the parties mentioned in the Parties dissatis. 
sixth section shall be dissatisfied with the amount of damage mayTia^T" 
awarded, as therein expressed, such party may, at the term tnalb yJ ur y- 
at which such award was accepted, or the next term there- 
after, claim, in writing, a trial in said court, and have a 
jury to hear and determine, at the bar of said court, all 
questions of facts relating to such damages, and to assess 
the amount thereof; and the verdict of said jury being 



798 1875.— Chapter 199. 

accepted and recorded by the said court, shall be final and 
conclusive, and judgment shall be rendered and execution 
issued thereon ; and costs shall be recovered by the said 
parties respectively, in the same manner as is provided by 
law in regard to proceedings relating to the laying out of 
highways. 
Town may ten- Section 8. In every case of a petition to the superior 
damages. court for the assessment of damages, as provided in this 

act, the town of Watertown may tender to the complain- 
ant, or his attorney, any sum that it shall think proper, 
or may bring the same into court, to be paid to the com- 
plainant for damages by him sustained or claimed in his 
petition ; and if the complainant shall not accept the sum, 
with his costs up to that time, but shall proceed in his 
suit, he shall be entitled to his costs up to the time of the 
tender of such payment into court, and not afterwards, 
unless the complainant shall recover greater damages than 
were so offered. 
Townmaymake Section 9. The town of Watertown may, also, for the 
coiiec'tingwater. purpose of collecting water and supplying the same to 
Kendall's Pond, make and maintain upon or near said 
pond, or the streams flowing into the same, or at, upon, 
or near the source of said pond, or streams, any reser- 
voirs, dams, or other suitable structures, and may take 
and hold, by purchase or otherwise, such real estate, 
water, water-rights, or casements, as may be necessary or 
convenient for that purpose ; and may also take and hold, 
in like manner, such lands, not exceeding five rods in 
width, on and around the margin of said Kendall's Pond, 
as may be necessary for the preservation of the purity of 
the waters thereof. 
May, by vote, Section 10. The town of TVatertown may, by a vote 

of water to be of said town, declare the quantity of water proposed to be 
Charles River, taken from Charles River, not exceeding one million and a 
half gallons daily ; such vote to be passed not less than three 
months before the waters shall be withdrawn from said 
river, and within one year from the passage of this act ; 
and a copy of such vote shall be tiled in the registry of 
deeds for the southern district of the county of Middlesex 
within sixty days thereafter ; and the terms thereof shall 
be held to be the measure and limit of the right of said 
town of Watertown to take or divert the waters of said 
river under this act. 



1875.— Chapter 199. 799 

Section 11. It shall be the duty of said town of to provide 

tii it metll od for 

Watertown to provide some reliable means, or method, measuring 
of measuring and registering the amount of water taken from Charles 
from Charles River, as soon as they commence taking the 
same, such register or record to be accessible at all times 
to any interested parties ; and if the owners of any water- 
rights in the waters of said river and said town shall fail 
to agree upon the mode of measurement, the method 
shall be fixed by one or more engineers, to be appointed 
upon the application of either party, by any justice of the 
supreme judicial court. And if at any time said town of 
Watertown shall take a larger quantity of water from 
Charles River than it shall have determined to take by 
said vote under the tenth section of this act, it shall be 
liable in an action of tort to any mill-owner for any 
additional damage he may have suffered, and may be re- 
strained by injunction from taking such larger quantity of 
water in a suit in equity brought by any such mill-owner. 

Section 12. No application shall be made to the 
court for the assessment of damages for the taking of any No application 
water-rights, or for any injury thereto, until the water is damages'untu 
actually withdrawn or diverted by said town of Water- ^ t e 'i[ isactually 
town under the authority of this act. 

Section 13. Whoever wilfully corrupts, pollutes or penalty for cor- 
diverts any of the waters taken under this act, or injures divertnig'watei-. 
any dam, reservoir, aqueduct, conduit, pipe or other prop- 
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 in 
an action of tort ; and upon conviction of either of the 
above acts, shall bo punished by a fine not exceeding one 
hundred dollars, or by imprisonment not exceeding six 
months. 

Section 14. The occupant of any tenement shall be Liability of 
liable for the payment of the rent for the use of the water °e7iant for d water 
in such tenement, and the owner shall also be liable, if, rent - 
on being notified of such use, he does not object thereto. 

Section 15. Nothing in this act shall be construed to Existing rights 
affect any existing right of the town of Watertown to notaffeoted - 
draw water from said river. 

Section 16. The town of Watertown is hereby Watertown may 
authorized to contract with the town of Belmont to furnish 3watei' mont 
and provide said town of Belmont, from its aqueducts, 
conduits, pipes, or other works to be laid or constructed 



800 1875.— Chapter 199. 

under the provisions of this act, sufficient water, for the 
use of said town of Belmont and its inhabitants, for the 
purposes mentioned in section one, upon such terms and 
conditions as may be agreed upon ; or may furnish water 
for the purposes aforesaid to any inhabitants of Belmont, 
with the consent of the selectmen thereof; and said town 
of Belmont is hereby authorized, for the purposes afore- 
said, to build reservoirs and lay down aqueducts, conduits 
and pipes within its limits, and to connect the same with 
any reservoir, aqueduct, conduit or pipe laid down or 
constructed within its limits, by the town of Watertown, 
under the provisions of this act ; and to take and divert 
therefrom a sufficient supply of water for the uses and 
purposes aforesaid, subject, nevertheless, to the payment 
of an equitable and reasonable price and compensation for 
the same ; and in case the said towns shall not agree upon 
the place, mode or extent of such connection or diversion, 
or upon the sum to be paid by said town of Belmont to 
the town of Watertown, for the water so to be taken and 
diverted, or upon any other terms or conditions of such 
taking and diversion, the same shall be determined by 
three commissioners to be appointed by the supreme 
judicial court, upon application of either party, and after 
notice to the other party, whose award and determination 
in the premises, being returned into the clerk's office of 
said court, for the county of Middlesex, shall be final and 
binding upon the parties. 
ukrh" a e y tc., Section 17. The said town of Belmont, in the event 
if supplied with that it shall take water under any provisions of the pre- 
town. ceding section, is hereby authorized to take and hold, by 

purchase or otherwise, any lands or real estate necessary 
for laying and maintaining aqueducts or pipes, or such 
other works as may be deemed necessary or proper for 
receiving, retaining, distributing or disposing of said 
water, and for the same ]mrposes in such event, the said 
town of Belmont shall, within its own limits in respect to 
such taking, have all the powers, rights, and authorities 
given to the town of Watertown by this act, and all the 
provisions of this act shall extend and apply thereto, so 
far as the same shall be applicable. 
a°flo P w°of d wfte r r Section 18. The town of Watertown shall in the con- 
B, to l eaver struction of any dam or other works at Kendall's Pond as 
authorized by this act, provide for and maintain a flow of 
water from said pond into Beaver or Clematis Brook to 



1875.— Chapter 200. 801 

the extent of at least two hundred thousand gallons for 
each and every day in the year. 

Section 19. This act shall take effect upon its passage, ^ c e t ntotake 
and shall become void unless accepted and an election 
made as provided in section one by a vote of the legal 
voters of the town of Watertown, present and voting 
thereon, at a legal meeting held within two years from the 
passage of this act; and no action of the town, under the 
provisions of the act involving any appropriation of money, 
shall be valid, unless passed by a two-thirds vote of the 
voters present and voting thereon. 

Approved May 10, 1875. 

An Act to protect the banks of the Connecticut river Chap. 200 

BETWEEN HADLEY AND NORTHAMPTON . 

Be it enacted, &c, as follows: 

Section 1. The county commissioners of Hampshire county commis- 
shall, as soon as may be after the passage of this act, pro- venuL wash" 
ceed to construct proper defences above the Northampton ^i^ticl^ 
Bridge, to prevent the washing away of the banks of the necticut River - 
Connecticut River in the towns of Hadley and Northamp- 
ton, near said bridge, and they shall direct the expenses 
and charges for said work to be paid out of the treasury 
of said county. 

Section 2. Upon the completion of said work, said ^™^ e f ^ 
commissioners shall make a record, in detail, of their ings, expendi- 
doings and of the amount of actual expenditure incurred ages. 
as herein provided, including such damages as may be 
assessed for land or property taken or injured in the 
execution of said work, and also the charges of said com- 
missioners for their services. And the amount of such Expense to be 
expenditures as aforesaid shall be borne by said county andtowns.° UDt5, 
and such towns, persons and corporations, and in such 
proportions as the commissioners appointed as hereinafter 
provided, shall determine. And like proceedings shall 
be had for the collection of the same from such towns, 
persons and corporations, and like authority and power 
shall be vested in said county commissioners, as are pro- 
vided in sections forty-nine and fifty of chapter forty-three 
of the General Statutes. 

Section 3. Upon the petition of the county commis- Three commis. 

., .-..., .... . , sioners to be 

sioners the supreme judicial court sitting in any county, appointed by 
or any justice thereof, after such notice as they may order, B - JC - 
shall appoint a board of three commissioners, and said 

28 



802 



1875.— Chapter 200. 



To determine 
amounts to be 
paid by county, 
towns, corpora- 
tions, etc. 



Parties dissatis- 
fied may appeal 
to a jury. 



Commissioners 
may borrow 

$30,000. 



Damages to be 
estimated as in 
laying out high- 
ways. 



Parties dissatis- 
fied may apply 
for a jury. 



commissioners, having first been duly sworn to the faith- 
ful and impartial discharge of their duties, shall, after 
due notice to all parties interested, determine and decree 
what towns, persons and corporations, including said 
county, are benefited by said work, and what proportion 
of the cost of said work, as provided in section second of 
this act, shall be paid severally by them, and their deter- 
mination and decree, or of a major part of them, shall be 
made in writing and reported to the supreme judicial court 
at a term of said court for said county of Hampshire, and 
notice thereof given to all parties interested, at least thirty 
days before the sitting of the court to which such report is 
made. Any party affected by the decree, and dissatisfied 
with the determination of the commissioners, may appeal 
to a jury from the award of the commissioners ; and the 
supreme judicial court shall have authority to make all 
necessary orders and decrees in reference thereto. Any 
party so appealing who shall not obtain by verdict of said 
jury an award more favorable than by said decree, shall 
forfeit and pay all costs of hearing and trying such appeal. 
If no party shall so appeal to a jury during the term of 
the court to which such report is made, the decree shall 
be absolutely binding upon all parties interested therein, 
when the same shall have been accepted and judgment 
entered thereon by the supreme judicial court. The just 
fees and expenses of said commissioners shall be paid by 
such of the parties interested as said commissioners shall 
decree. 

Section 4. Said commissioners are authorized to 
borrow upon the credit of the county a sum not exceeding 
thirty thousand dollars, for the purpose of carrying into 
effect the provisions of the first section of this act. 

Section 5. Upon the application of any party whose 
property is taken or injured, the county commissioners 
shall estimate the damages occasioned by such taking or 
injury in the manner provided in laying out highways. 

Section 6. Any party dissatisfied with the estimate of 
the county commissioners, may, within one }-ear after it is 
completed and returned, apply for a jury to assess the 
damages, and like proceedings shall be had on such appli- 
cations as are provided in relation to the assessment of 
damages for land taken for highways. 

Section 7. This act shall take effect upon its passage. 

Approved May 10, 1875. 



1875.— Chapters 201, 202. 803 

An Act in addition to an act to regulate the fishery in Chap. 201 

palmer's river. 
Be it enacted, &c, as follows : 

Section 1. The sheriff of Bristol County or any of g™°™™J»' w "- 
his deputies, or any constable or fish-warden of either shad, etc., may 
of the towns of Swansea and Rehoboth, may without a without a war- 
warrant arrest any person whom he finds in the act of ra " ' 
taking herring, alewives or shad from the waters of 
Palmer's River in either of said towns, in violation of the 
provision of chapter ninety-two of the acts of the year 
eighteen hundred and fifty-two ; and may detain him in 
a place of safe-keeping, until a warrant can be procured 
against him upon a complaint for said offence : provided^ Proviso. 
that such detention without a warrant shall not exceed 
twenty -four hours. 

Section 2. Whoever violates the provisions of chapter Additional for. 

., , r> \ • l i Tii fi-'iture for vlo- 

ninety-two or the acts ot the year eighteen hundred and lating provisions 
fifty-two, shall, in addition to the forfeitures therein pro- ° * 
vided, forfeit the seines or nets so used. 

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

Approved May 10, 1875. 

An Act to authorize the city of boston to construct a sewer Chap. 202 

IN THE MYSTIC VALLEY. 

Be it enacted, <&c, as follows : 

Section 1. The city of Boston is hereby authorized, ^ly construct 
for the purpose of preserving the purity and remedying sewer in Mystic 
the pollution of the water supplied to said city from Mys- 
tic Pond, so called, by virtue of chapter one hundred and 
five of the acts of the year eighteen hundred and sixty- 
one, and the acts in addition thereto, and amendment 
thereof, to construct for that purpose a main sewer, with 
as man}' branches as may be from time to time deemed 
necessary, in the Mystic valley and on the easterly side of 
the ponds and streams which discharge into said Mystic 
Pond, commencing in the town of Woburn, running in a 
south-easterly direction through the town of Winchester 
into the town of Med ford, and emptying into the lower 
Mystic Pond at some convenient point near the upper end 
thereof. 

Said city is authorized to extend or divert into said 
main sewer or any of its branches any streams or water- 
courses, whether natural or artificial, flowing directly or 
indirectly into Mystic Pond or its head-waters, or into 
any stream or pond connected with or discharging into 



804 



1875.— Chapter 202. 



May deepen 
channels aud 
remove obstruc- 
tions from 
water-courses. 



May erect ma- 
chinery, pumps 
etc. 



May take and 
hold lands and 
water-rights. 



May dig up 
roads or ways. 



said Mystic Pond, which contain any sources of pol- 
lution. 

Said city may also deepen the channel and remove 
obstructions from any such stream or water-course, and 
may wall in and cover over the same. It may take or 
purchase such land a» may be necessary for this purpose 
not exceeding three rods in width on either side of such 
stream or water-course, or of any channel into which it 
may conduct or divert the same. 

Said city is likewise authorized to extend or divert into 
said main sewer or any of its branches any draiu or sewer 
emptying directly or indirectly into Mystic Pond, or into 
any stream or pond connected with or discharging into 
said Mystic Pond. 

Said city is likewise authorized to conduct or divert into 
said main sewer or any of its branches, any sewage, drainage 
or pollution of any kind caused by any town, corporation, 
person or persons, which now finds or shall hereinafter be 
in danger of finding its way directly or indirectly into said 
Mystic Pond, or its head-waters or into any stream or 
pond connected with or discharging into said Mystic Pond. 

Said city may for the purposes aforesaid, erect such 
machinery, pumps and appliances of any kind which may 
be found necessary from time to time. 

Section 2. The city of Boston may take and hold by 
purchase or otherwise, any lands, real estate, or water 
rights necessary for laying and maintaining said main 
sewer and its branches, and for the extension or diversion 
of any water-courses, natural or artificial, and of any 
drains or sewers which it may extend or divert, and for 
the construction of any works which it may erect by vir- 
tue of the provisions of this act. 

It may construct said main sewer and its branches, and 
conduct, extend or divert said water-courses, sewers or 
drains over or under any water-course, or any streets, 
turnpike roads, railroads, highways or other ways, and 
may enter upon and dig up such roads, streets or ways, 
for the purposes of construction, maintenance and repair, 
and in such a manner as not to render the same unneces- 
sarily inconvenient for public travel during the work 
thereon, and in general may do other acts and things nec- 
essary and proper for the purposes of this act. 

Said city of Boston may also, with the consent of the 
directors of the Boston and Lowell Railroad Company, 



1875.— Chapter 202. 805 

for the time being, change the grade or location of so 
much of said railroad as is situated in the Mystic valley. 
It may also change the grade of any highway, public 
street, or way of travel, within the towns of Medford, 
Woburn or Winchester, crossed by said sewer or any of 
its branches, subject to such reasonable regulations as may 
be prescribed by the selectmen of the town in which such 
highway or street is located. 

Section 3. Wherever said main sewer or its branches Flow of water 
shall intercept streams, drains or sewers existing at the tercepted by 
date of the passage of this act, the said city of Boston 8 " 
shall connect the same with said main sewer or its branches 
or make such other provision as not to destroy or unnec- 
essarily injure the flow of the same. 

Section 4. Whenever the city of Boston shall dig up to restore 

, , « •i-.L-i-ii i xi streets to good 

any street or way, as aforesaid, it shall restore the same order and con- 
to as good order and condition as the same shall be in ditlon " 
when such digging commenced; and the city of Boston city of Boston 
shall at all times indemnify and save harmless the town of ag es, etc. 
Woburn, the town of Winchester, and the tow r n of Medford 
against all damage w T hich may be recovered against them, 
respectively, and shall reimburse to them, respectively, all 
expenses which they shall incur by reason of any defect 
or want of repair in any street or Avay, caused by the con- 
struction of said main sewer or any of its branches, or 
the extension or diversion of said water-courses, sewers 
or drains, or by the maintaining or repairing of the same : 
provided, that said city shall have due and reasonable 
notice of all claims for such damages or injury, and oppor- 
tunity to make a legal defence thereto. 

Section 5. The main sewer and its branches, to be Sewertobe 

i i i ■ iiii.ii j. ,i substantially 

constructed under this act, shall be the property ot tne made and kept 
city of Boston ; shall be substantially made with brick and Boston? y 
stone, or with such other materials and in such manner as 
the board of aldermen of the city of Boston shall permit 
or direct, and shall be kept and maintained in good order 
by the city of Boston. 

The city of Boston shall at all times have the right to Expense of re- 

Dtiirs to be 

repair the same, and to remove stoppages therefrom, and assessed upon 

■ i .• ,i ? ii persons bene- 

may assess the expense, or any portion tnereot, on all nted. 
persons benefited by such repairs, or removal of obstruc- 
tions, in the manner designated in the eleventh and 
twelfth sections of chapter forty-eight of the General 
Statutes of the Commonwealth, and the board of alder- 



806 1875.— Chapter 202. 

men of the city of Boston shall have the powers therein 
granted to selectmen of towns, but no part of such ex- 
pense shall be assessed upon towns, corporations or persons 
who do not use said main sewer or its branches, or who 
are lawfully entitled to discharge their sewasre or drainage 
into said Mystic Pond or its head-waters at the date of the 
passage of this act. All juries applied for under this sec- 
tion shall be drawn from the county of Middlesex. 
Liability for Section 6. The city of Boston shall be liable to pay 

all damages that shall be sustained by any person, town 
or corporation in his or its property by the taking of or 
injury to any land, real estate, water or water rights, or 
by the interference with or injury to the use of any waiter- 
course to which such person, town or corporation is legally 
entitled at the time of such taking; and in regard to such 
taking, injury, or interference and the ascertainment and 
payment of all such damages, the said city of Boston 
and all persons, towns or corporations claiming damages, 
shall have all the rights, immunities and remedies, and be 
subject to all the duties, liabilities and regulations, which 
are provided in the one hundred and sixty-seventh chapter 
of the acts of the year eighteen hundred and forty-six, 
the one hundred and eighty-seventh chapter of the acts of 
the year eighteen hundred and forty-nine, and the three 
hundred and sixteenth chapter of the acts of the year 
eighteen hundred and fifty. 
Drainage of Section 7. No corporation, person or persons, shall 

etc., not to en- hereafter discharge any sewage, drainage or pollution, of 
without 1 co-Jsent any kind, which they have not the legal right so to dis- 
ofBoston. charge at the date of the passage of this act, and no city 
or town shall discharge its public drainage or sewage into 
the said upper Mystic Pond, or any head-water, pond or 
stream running into, or connected therewith, or into the 
said main sewer or any of its branches, or into any drain 
or sewer directly or indirectly connected therewith, or into 
any stream or water-course diverted into said main sewer, 
or into the branches thereof, or into any drain, sewer or 
conduit emptying into said stream or water-course or its 
branches, without the permission of the city of Boston ; but 
any such town, corporation, person or persons may, with 
the permission of the city of Boston, enter a drain or sewer 
into such main sewer or any of its branches, upon giving 
six months' notice to said city of Boston of their desire 
so to do, and upon payment of a reasonable compensation 
to said city for the use of the same. 



1875.— Chapter 202. 807 

If the city of Boston and said town, corporation, per- 
son or persons shall he unable to agree upon said com- 
pensation, either party may petition the supreme judicial 
court for the appointment of a commission of three suit- 
able persons, who shall hear the parties and determine the 
compensation to be paid to the city of Boston. Such Compensation 

1 . . ,. • c for use of sewer 

compensation may consist ot a sum m gross, or ot a by other towns. 
yearly payment to be made to said city, as said commis- 
sioners may decide ; and the report of said commissioners, 
or of a majority of them, being subject to the revision of, 
and being accepted by the supreme judicial court shall be 
final, and judgment shall issue thereon. 

The entry of any drain or sewer into said main sewer 
or any of its branches, shall be made under the direction 
of the city of Boston, and subject to such reasonable 
rules and regulations as may be made by the city council 
thereof. 

Upon the establishment by the towns of Woburn or 
Winchester or Medford of any system of sewerage or 
drainage, the sewers established by said towns to the 
northward and eastward of said system of sewers of the 
city of Boston, and through territory which naturally 
drains toward said main sewer of the city of Boston, or 
any of its branches, shall be entered into said sewers of 
said city of Boston, and compensation therefor shall he 
made severally by said towns to said city of Boston, and 
shall be determined, if the parties shall be unable to agree, 
in the manner herein before set forth : provided, that in 
all cases under this section no such town, corporation, 
person or persons shall be entitled to make such entry 
except by permission of the city of Boston, or upon such 
terms as sbalbbe determined by the supreme judicial court. 

Section 8. Nothing in this act shall be so construed Rights of w ? - 

O .. . „ burn and Win- 

as to impair the rights heretofore granted to the towns ot Chester not to 
Woburn and Winchester for supplying themselves with 
pure water; or to prohibit the saving and use of sewage 
and drainage matter for fertilizing purposes, or making any 
local disposition of the same, which shall not pollute the 
waters of said upper Mystic Pond. 
. Section 9. It any town, corporation, person or per- Penalty for poi- 

,,, ,. u ... i -i • i luting water of 

sons shall wantonly or maliciously discharge any sewage, Mystic Pond. 
drainage or cause of pollution into the said upper Mystic 
Pond or any head-water, pond or stream running into or 
connected therewith, such town, corporation, person or 



808 



1875.— Chapter 202. 



Penalty for un- 
lawfully enter- 
ing drain. 



Injunction may 
be granted by 
S. J. C. 



Legislature may 
regulate dispo- 
sition of sewage 
from time to 
time. 



Mystic Sewer 
Bonds of the 
City of Boston 
may be issued. 



persons shall be liable to the penalties declared in the 
fifteenth section of the one hundred and sixty-seventh 
chapter of the acts of the year eighteen hundred and 
forty-six. 

Section 10. If an} 1- town, corporation, person or per- 
sons shall, contrary to the provisions of this act, enter 
any drain or sewer, or conduct any sewage or drainage 
matter, or pollution of any kind, into any drain or sewer 
constructed by the city of Boston by virtue of this act, or 
into any water-course, stream or channel, natural or arti- 
ficial, connected therewith, or shall wantonly or maliciously 
injure or destroy, or divert or obstruct any such drain or 
sewer, or destroy or injure any machinery or property 
hold, owned or used by the said city, by the authority 
and for the purposes of this act, such town, corporation, 
person or persons, shall forfeit and pay to said city of 
Boston, three times the amount of the damages that shall 
be assessed therefor, to be recovered in any proper action. 

Section 11. It shall be lawful for the supreme judicial 
court, upon application of the city of Boston, to grant an 
injunction against any unlawful use of or interference by 
any one with any sewers or drains constructed by the city 
of Boston under this act, or against the unlawful entry of 
any drain or sewer, directly or indirectly, into the same, 
or into any drain, sewer or water-course connected there- 
with, or against the unlawful pollution or corruption of 
the upper Mystic Pond, or its head-waters, or of any 
pond or stream flowing into or connected with the same ; 
and damages therefor may be assessed by said court, as 
incident to such process. 

Section 12. This act shall not be construed to grant 
an interminable right to discharge sewage, into Mvstic 
Lower Pond, but the legislature may, from time to time, 
by law regulate and determine the disposition to be made 
of such sewage for the purpose of protecting the public 
health, and especially that of the inhabitants of Arlington 
and Medford, and preventing the existence of a nuisance, 
anything to the contrary in this act notwithstanding. 

Section 13. For the purpose of defraying all the cost 
and expenses incurred under this act, the said city of 
Boston is authorized to issue its bonds to such an amount 
as may be necessary therefor, but not exceeding the costs 
and expenses incurred under this act, bearing interest at 
the rate of six per centum per annum ; and said interest 



1875.— Chapters 203, 204. 



809 



Subject to ac- 
ceptance by city 
council. 



shall be payable semi-annually, and the principal shall be 
payable at periods not more than forty years from the 
issuing thereof; and said bonds shall be known as the 
Mystic Sewer Bonds of the City of Boston. And the 
said city may sell the same, or any part thereof, from 
time to time, by public or private sale, or pledge the same 
for money borrowed for the purposes aforesaid, on such 
terms and conditions as it shall deem proper. 

Section 14. This act shall take effect upon its accept- 
ance by the city council of the city of Boston. 

Approved May 10, 1875. 

An Act to extend the time for organizing the vineyard Chap. 203 

TELEGRAPH COMPANY. " 

Be it enacted, &c., as follows : 

Section 1. The time for organizing the corporation Time extended 
established by chapter two hundred andlwenty-five of the foror s anizatioD - 
acts of the year eighteen hundred and seventy-two, 
entitled An Act to incorporate the Vineyard Telegraph 
Company, is hereby extended four years from the date of 
the passage of said act, anything contained in section two 
of chapter sixty-eight of the General Statutes to the con- 
trary notwithstanding. 

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

Approved May 12, 1875. 
An Act to apportion and assess a state tax of two million Qhap.204 

DOLLARS. ^' 

Be it znacted, &c., as follows: 

Sect. 1. Each city and town in this Commonwealth A^ s sra e » tof g 
shall be assessed and pay the several sums with which 
they stand respectively charged in the following schedule, 
that is to say : — 



BARNSTABLE COUNTY. 



Barnstable 
County. 



Barnstable, 


Four thousand one hundred and 




Brewster, . 


eighty dollars, .... 
One thousand one hundred and for- 


$4,180 00 


Chatham, . 


ty dollars, 

One thousand seven hundred dol- 


1,140 00 


Dennis, 


lars, 

Two thousand four hundred and 


1,700 00 


Eastham, . 


forty dollars, .... 
Four hundred and twenty dollars, . 


2,440 00 
420 00 


Falmouth, . 


Two thousand and twenty dollars, . 


2,020 00 



29 



810 



1875.— Chaptee 204. 

BARNSTABLE COUNTY— Continued. 



Harwich, . 
Mashpee, . 
Orleans, 
Provincetown, 
Sandwich, . 
Truro, 
Wellfleet, . 
Yarmouth, . 



One thousand nine hundred and 
eighty dollars, .... 
One hundred and sixty dollars, 

One thousand dollars, 

Three thousand two hundred and 
eighty dollars, .... 

Two thousand three hundred and 
forty dollars, .... 

Six hundred and sixty dollars, 

One thousand four hundred and 
eighty dollars, .... 

Two thousand two hundred and 
eighty dollars, .... 



$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 
County. 



BERKSHIRE COUNTY. 



Adams, 

Alford, 

Becket, 

Cheshire, . 

Clarksburg, 

Dalton, 

Egremont, . 

Florida, 

Gt. Barrington, 

Hancock, . 

Hinsdale, . 

Lanesborough, 

Lee, . 

Lenox, 

Monterey, . 



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, 
Eight hundred and sixty dollars, 

Five hundred and forty dollars, 

Six thousand three hundred and 

forty dollars, 
Seven hundred dollars, . 

One thousand four hundred dollars, 

One thousand one hundred and 
eighty dollars, .... 

Two thousand seven hundred and 
forty dollars, 

Two thousand and eighty dollars, . 

Five hundred and twenty dollars, . 



$9,960 00 
440 00 

880 00 



1,380 00 
420 00 



1,480 00 
860 00 

540 00 



6,340 00 
700 00 

1,400 00 



1,180 00 

2,740 00 

2,080 00 

520 00 



1875.— Chapter 204. 



811 



BERKSHIRE COUNTY— Continued 



Mt. Washington, 
New Ashford, 
New Marlboro', 
Otis, . 
Peru, . 
Pittsfield, . 
Richmond,. 
Sandisfield, 
Savoy, 
Sheffield, . 
Stockbridge, 
Tyringham, 
Washington, 
W. Stockbridge 
Williamstown, 
Windsor, . 



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 twenty dollars, 

Five hundred dollars, 

One thousand nine hundred and 

eighty dollars, 
Three thousand two hundred and 

eighty dollars, 
Four hundred and sixty dollars, 

Four hundred and sixty dollars, 

One thousand five hundred dollars, 

Two thousand five hundred dollars, 

Five hundred and twenty dollars, . 



$160 00 
160 00 



1,480 00 
600 00 

320 00 



11,840 00 

880 00 

920 00 
500 00 

1,980 00 

3,280 00 
460 00 

460 00 

1,500 00 

2,500 00 

520 00 



$58,480 00 



BRISTOL COUNTY 



Bristol Ceiviity. 



Acushnet, . 

Attleborough, 

Berkley, 

Dartmouth, 

Dighton, . 

Easton, 

Fairhaven, 



One thousand dollars, 

Four thousand four hundred and 
forty dollars, .... 

Five hundred and forty dollars, 

Three thousand two hundred and 
sixty dollars, .... 

One thousand three hundred and 
eighty dollars, .... 

Four thousand and forty dollars, . 

Two thousand four hundred and 
forty dollars, .... 



$1,000 00 



4,440 00 
540 00 



3,260 00 

1,380 00 
4,040 00 



2,440 00 



812 



Dukes County. 



Essex County. 



1875.— Chapter 204. 

BRISTOL COUNTY— Continued. 



Fall River, 


Tkirty-six thousand one hundred 






and sixty dollars, .... 


136,160 00 


Freetown, . 


One tkousand two hundred and 






twenty dollars, . 


1,220 00 


Mansfield, . 


One tkousand five kundred and 






twenty dollars, .... 


1,520 00 


New Bedford, . 


Tkirty-two thousand two kundred 






and eigkty dollars, 


32,280 00 


Norton, 


One tkousand tkree kundred dollars, 


1,300 00 


Raynham, . 


One tkousand six kundred and 






eigkty dollars, .... 


1,680 00 


Rehobotk, . 


One tkousand tkree kundred dollars, 


1,300 00 


Seekonk, . 


Eigkt kundred and eigkty dollars, . 


880 00 


Somerset, . 


One tkousand five kundred and 






twenty dollars, .... 


1,520 00 


Swansea, . 


One tkousand and forty dollars, 


1,040 00 


Taunton, . 


Twenty-one tkousand dollars, . 


21,000 00 


Westport, . 


Two tkousand two kundred and 






eigkty dollars, .... 


2,280 00 




$119,280 00 



Ckilmark, . 
Edgartown, 
Gay Head, . 
Gosnold, . 
Tisbury, . 



Ainesbury,. 
Andover, . 



DUKES COUNTY 



Five kundred dollars, 

One tkousand seven kundred and 

sixty dollars, .... 

Forty dollars, 

Two kundred dollars, 

One tkousand one kundred and 
eigkty dollars, .... 



$500 00 

1,760 00 
40 00 

200 00 
1,180 00 



$3,680 00 



ESSEX COUNTY. 



Four tkousand two kundred and 
sixty dollars, .... 

Four tkousand six kundred and 
twenty dollars, .... 



$4,260 00 
4,620 00 



1875.— Chapter 204. 

ESSEX COUNTY— Continued. 



813 



Beverly, 

Boxford, 

Bradford, 

Danvers, 

Essex, 

Georgetown, 

Gloucester, 

Groveland, 

Hamilton, 

Haverhill, 

Ipswich, 

Lawrence, 

Lynn, 

Lynnfield, 

Manchester, 

Marblehead, 

Methuen, . 

Middleton, 

Nahant, 

Newbury, . 

Newburyport, . 

North Andover, 

Peabody, . 

Rockport, . 

Rowley, 

Salem, 



Eight thousand and sixty dollars, . 

One thousand one hundred dollars, 

One thousand seven hundred dollars, 

Four thousand four hundred dollars, 

One thousand four hundred and 

twenty dollars, .... 

One thousand five hundred dollars, 

Eleven thousand six hundred and 
forty dollars, .... 

One thousand three hundred and 
forty dollars, 

Seven hundred and sixty dollars, 

Thirteen thousand eight hundred 

and forty dollars, . 
Two thousand six hundred and 

eighty dollars, 
Twenty-six thousand two hundred 

and sixty dollars, . 
Thirty thousand five hundred and 

eighty dollars, 
Nine hundred and sixty dollars, 

One thousand seven hundred and 

twenty dollars, 
Five thousand seven hundred and 

forty dollars, 
Three thousand dollars, . 

Seven hundred dollars, . 

Six thousand and twenty dollai'S, 

One thousand two hundred and 

twenty dollars, 
Eleven thousand nine hundred and 

sixty dollars, 
Three thousand and sixty dollars, 

Seven thousand eight hundred and 

forty dollars, 
Two thousand seven hundred and 

twenty dollars, 
Eight hundred and eighty dollars, 

Thirty-two thousand three hundred 
and eighty dollars, 



$8,060 00 
1,100 00 
1,700 00 
4,400 00 



1,420 00 
1,500 00 



11,640 00 

1,340 00 
760 00 



13,840 00 

2,680 00 

26,260 00 

30,580 00 
960 00 

1,720 00 

5,740 00 
3,000 00 

700 00 

6,020 00 

1,220 00 

11,960 00 
3,060 00 

7,840 00 

2,720 00 
880 00 

32,380 00 



814 



1875.— Chapter 204. 

ESSEX COUNTY— Continued. 



Franklin 
County. 



Salisbury, . 
Saugus, 
Swampscott, 
Topsfield, . 
Wenham, . 
West Newbury, 



Askfielcl, . 

Bernardston, 

Buckland, . 

Charlemont, 

Coh'ain, 

Conway, . 

Deerfield, . 

Erving, 

Gill, . 

Greenfield, 

Hawley, 

Heath, 

Leverett, . 

Leyden, 

Monroe, 

Montague, 

New Salem, 



Two thousand nine hundred and 

eighty dollars, .... 

Two thousand and eighty dollars, . 

Two thousand seven hundred and 
sixty dollars, .... 

One thousand one hundred and 
twenty dollars, .... 

Seven hundred and eighty dollars, . 

One thousand seven hundred and 
twenty dollars, .... 



$2,980 00 
2,080 00 



2,760 00 

1,120 00 

780 00 



1,720 00 
)3,800 00 



FRANKLIN COUNTY 



Nine hundred and twenty dollars, . 

Seven hundred and forty dollars, . 

One thousand one hundred and 
sixty dollars, .... 
Six hundred and eighty dollars, 

One thousand one hundred and 

forty dollars, .... 

One thousand three hundred dollars, 

Two thousand three hundred and 

eighty dollars, .... 

Four hundred and eighty dollars, . 

Seven hundred dollars, . . • . 

Three thousand five hundred dollars, 

Three hundred and sixty dollars, 

Four hundred and eighty dollars, 

Six hundred and twenty dollars, 

Three hundred and eighty dollars, 

One hundred and twenty dollars, 

One thousand seven hundred and 

sixty dollars, 
Six hundred and forty dollars, 



$920 00 
740 00 



1,160 00 
680 00 



1,140 00 
1,300 00 



2,380 00 
480 00 

700 00 

3,500 00 

360 00 

480 00 

620 00 

380 00 

120 00 



1,760 00 
640 00 



Northfield, . 
Orange, 
Rowe, 
Shelburne, . 
Shutesbury, 
Sunderland, 
Warwick, . 
Wendell, . 
Whately, . 



1875.— Chapter 204. 

FRANKLIN COUNTY— Continued. 



815 



One thousand three hundred dollars, 

One thousand nine hundred and 

eighty dollars, 
Three hundred and sixty dollars, 

One thousand five hundred dollars 

Three hundred and eighty dollars, 

Seven hundred dollars, . 

Five hundred dollars, 

Three hundred and sixty dollars, 

One thousand one hundred and 
sixty dollars, 



$1,300 00 

1,980 00 
360 00 

1,500 00 

380 00 

700 00 

500 00 

360 00 

1,160 00 



$25,600 00 



HAMPDEN COUNTY. 



Hampden 
County. 



Agawam, . 
Blandford, . 
Brirnfield, . 
Chester, 
Chicopee, . 
Granville, . 
Holland, . 
Holyoke, . 
Longineadow, 
Ludlow, 
Monson, 
Montgomery, 
Palmer, 
Russell, 



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, 
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, 



$1,500 00 

840 00 

1,080 00 

880 00 

7,020 00 

840 00 

240 00 

9,440 00 

1,640 00 

780 00 



2,140 00 

260 00 



2,320 00 
460 00 



816 



1875.— Chapter 204. 

HAMPDEN COUNTY— Continued. 



Southwick, 
Springfield, 
Tolland, . 
Wales, 
Westfield, . 
W. Springfield, 
Wilbraliam, 



One thousand and sixty dollars, 

Thirty-eight thousand three hun- 
dred 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, .... 



f 1,060 00 



38.320 00 
460 00 

620 00 



7,460 00 

2,980 00 

1,480 00 

$81,820 00 



Hampshire 

County. 



HAMPSHIRE COUNTY. 



Amherst, . 

Belchertown, 

Chesterfield, 

Cummington, 

Easthampton, 

Enfield, . 

Goshen, 

Granby, 

Greenwich, 

Hadley, 

Hatfield, . 

Huntington, 

Middlefield, 

Northampton, 

Pelham, 

Plainfield, . 



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 

eighty dollars, 
Two thousand one hundred and 

forty dollars, 
Eight hundred and eighty dollars, 

Six hundred and twenty dollars, 

Ten thousand one hundred and 

eighty dollars, 
Three hundred and eighty dollars, 

Four hundred and sixty dollars, 



$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 

2,140 00 
880 00 

620 00 



10,180 00 
380 00 

460 00 



1875.— Chapter 204. 

HAMPSHIRE COUNTY— Continued. 



817 



Prescott, . 

South Hadley, . 

Southampton, . 
Ware, 

Westhampton, . 

Williamsburg, . 

Worthington, . 



Three hundred and sixty dollars, 

Two thousand seven hundred and 

forty dollars, 
Nine hundred and twenty dollars, 

Two thousand seven hundred and 

sixty dollars, . . . 
Six hundred dollars, 

Two thousand two hundred and 

twenty dollars, 
Six hundred and forty dollars, 



$360 00 



2,740 00 
920 00 



2,760 00 
600 00 



2,220 00 
640 00 



$41,180 00 



MIDDLESEX COUNTY. 



Middlesex 
County. 



Acton, 

Arlington, 

Ashby, 

Ashland, 

Ayer, . 

Bedford, 

Belmont, 

Billerica, 

Boxborough, 

Burlington, 

Cambridge, 

Carlisle, 

Chelmsford, 

Concord, . 

Dracut, 

Dunstable, . 



One thousand five hundred and 
eighty dollars, .... 
Five thousand and sixty dollars, 

Eight hundred and sixty dollars, . 

One thousand nine hundred dollars, 

One thousand four hundred and 

forty dollars, 
Eight hundred and twenty dollars, 

Three thousand two hundred dol 
lars, 

Two thousand one hundred and 
forty dollars, 

Three hundred and eighty dollars, 

Seven hundred dollars, . 

Fifty-eighty thousand five hundred 

and eighty dollars, 
Five hundred and forty dollars, 

Two thousand four hundred and 

sixty dollars, 
Three thousand one hundred and 

forty dollars, 
Two thousand dollars, 

Four hundred and eighty dollars, 



J 1,580 00 
5,060 00 

860 00 

1,900 00 



1,440 00 
820 00 



3,200 00 

2,140 00 

380 00 

700 00 



58,580 00 
540 00 



2,460 00 

3,140 00 

2,000 00 

480 00 



30 



818 



1875.— Chapter 204. 

MIDDLESEX COUNTY— Continued. 



Everett, 


Two thousand eight hundred and 






eighty dollars, .... 


$2,880 00 


Framingham, . 


Five thousand three hundred and 






sixty dollai*s, .... 


5,360 00 


Groton, 


Two thousand three hundred dol- 






lars, 


2,300 00 


Holliston, . 


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 


Natick, 


Four thousand nine hundred and 






sixty dollars, .... 


4,960 00 


Newton, 


Twenty-three thousand five hun- 






dred and forty dollars, . 


23,540 00 


North Reading, . 


Eight hundred and twenty dollars, 


820 00 


Pepperell, . 


One thousand seven hundred and 






sixty dollars, .... 


1,760 00 


Reading, . 


Two thousand five hundred and 






sixty dollars, .... 


2,560 00 


Sherborn, . 


One thousand three hundred dol- 






lars, 


1,300 00 


Shirley, 


One thousand three hundred and 






twenty dollars, .... 


1,320 00 


Somerville, 


Seventeen thousand nine hundred 






and sixty dollars, .... 


17,960 00 


Stoneham, . 


Three thousand six hundred and 






twenty dollars, .... 


3,620 00 


Stow, . 


One thousand one hundi'ed and 






twenty dollars, .... 


1,120 00 


Sudbury, . 


One thousand four hundred and 






twenty dollars, .... 


1,420 00 



1875.— Chapter 204. 

MIDDLESEX COUNTY— Continued. 



819 



Tewksbury, 
Townsend, 
Tyngsborougk, 
Wakefield, . 
Waltkam, . 
Watertown, 
Wayland, . 
Westford, . 
Weston, 
Wilmington, 
Winckester, 
Woburn, . 



One tkousand tkree kundred and 
sixty dollars, .... 

One tkousand four kundred and 
twenty dollars, .... 

Five kundred dollars, 

Four tkousand five kundred and 
eigkty dollars, .... 

Ten tkousand eigkt kundred and 
forty dollars, .... 

Six tkousand tkree kundred and 
forty dollars, .... 

One tkousand one kundred dollars, 

One tkousand six kundred and sixty 
dollars, 

One tkousand seven kundred and 
forty dollars, .... 

Seven kundred and eigkty dollars, 

Four tkousand tkree kundred and 
sixty dollars, .... 

Ten tkousand five kundred and 
twenty dollars, .... 



$1,360 00 

1,420 00 
500 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. 



Tkree tkousand four kundi'ed and 
twenty dollars, .... 



Nantucket 
County. 



$3,420 00 



NORFOLK COUNTY. 



Norfolk County. 



Bellingkam, 

Braintree, 

Brookline, 

Canton, 

Cokasset, 

Dedkam, 

Dover, 



Eigkt kundred and eigkty dollars, . 

Tkree tkousand four kundred dol- 
lars, 

Twenty-four tkousand two kundred 
and sixty dollars, .... 

Tkree tkousand nine kundred dol- 
lars, 

Two tkousand six kundred dollars, 

Six tkousand four kundred and 

sixty dollars, . . . 
Six kundred dollars, 



$880 00 

3,400 00 

24,260 00 

3,900 00 
2,600 00 



6,460 00 
600 00 



820 



1875.— Chapter 204. 

NORFOLK COUNTY— Continued. 



Foxborough, 

Franklin, 

Holbrook, 

Hyde Park, 

Medfield, 

Medway, 

Milton, 

Needham, 

Norfolk, 

Norwood, 

Quincy, 

Randolph, 

Sharon, 

Stoughton, 

Walpole, . 

Weymouth, 

Wrentham, 



Two thousand three hundred dol- 
lars, 

Two thousand three hundred dol- 
lars, 

One thousand seven hundred and 
twenty dollars, .... 

Six thousand six hundred and eighty 
dollars, 

One thousand two hundred dollars, 

Two thousand six hundred and sixty 
dollars, 

Six thousand four hundred and 
twenty 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 

sixty dollars, .... 
One thousand nine hundred and 

sixty dollars, .... 

Seven thousand nine hundred and 

eighty dollars, .... 
One thousand seven hundred and 

eighty dollars, .... 



$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 



Plymouth 
County. 



PLYMOUTH COUNTY, 



Abington, . 
Bridgewater, 
Brockton, . 
Carver, 
Duxbury, . 



Two thousand four hundred seven- 
ty-four dollars and forty-six cents, 

Three thousand three hundred and 
eighty dollars, .... 

Six thousand and twenty dollars, . 

Nine hundred and twenty dollars, . 

One thousand nine hundred and 
twenty dollars, .... 



£2,474 46 

3,380 00 
6,020 00 

920 00 
1,920 00 



1875.— Chapter 204. 

PLYMOUTH COUNTY— Continued. 



821 



E. Bridgewater, 


Two thousand three dollars and 






ninety-seven cents, 


$2,003 97 


Halifax, 


Five hundred and forty dollars, 


540 00 


Hanover, . 


One thousand five hundred dollars, 


1,500 00 


Hanson, 


Nine hundred dollars, 


900 00 


Hingham, . 


Four thousand six hundred and forty 






dollars, 


4,640 00 


Hull, . 


Three hundred and forty dollars, . 


340 00 


Kingston, . 


One thousand nine hundred and 






foi'ty dollai'S, .... 


1,940 00 


Lakeville, . 


Nine hundred and twenty dollars, . 


920 00 


Marion, 


Seven hundred and forty dollars, . 


740 00 


Marshfield, 


One thousand three hundred and 






sixty dollars, .... 


1,360 00 


Mattapoisett, 


One thousand dollars, 


1,000 00 


Middleborough, 


Three thousand eight hundred and 






forty dollars, .... 


3,840 00 


Pembroke, 


One thousand and sixty dollars, 


1,060 00 


Plymouth, . 


Five thousand four hundred and 






eighty dollars, .... 


5,480 00 


Plympton, . 


Five hundred and forty dollars, 


540 00 


Rochester, . 


Eight hundred and forty dollars, . 


840 00 


Rockland, . 


Two thousand eight hundred and 






thirty-two dollars, 


2,832 00 


Scituate, 


One thousand eight hundred and 






twenty dollars, .... 


1,820 00 


South Abington, 


One thousand nine hundred nine 






dollars and fifty-seven cents, 


1,909 57 


South Scituate, . 


One thousand five hundred and 






twenty dollars, " . 


1,520 00 


War eh am, . 


One thousand nine hundred and 






sixty dollars, .... 


1,960 00 


W. Bridgewater, 


One thousand three hundred and 






forty dollars, .... 


1,340 00 




$53,740 00 


SUFFOLK COUNTY. 



Boston, 



Eight hundred and two thousand one 
hundred and twenty dollars, 



Suffolk County. 



$802,120 00 



822 



Chelsea, 

Revere, 

Winthrop, 



1875.— Chapter 204. 

SUFFOLK COUNTY— Continued. 



Seventeen thousand five hundred and 
sixty dollars, .... 

One thousand four hundred and 
twenty dollars, .... 

Seven hundred dollars, . 



$17,560 00 

1,420 00 

700 00 

$821,800 00 



Worcester 
County. 



WORCESTER COUNTY 



Ashburnham, 

Athol, 

Auburn, 

Barre, 

Berlin, 

Blackstone, 

Bolton, 

Boylston, 

Brookfield, 

Charlton, 

Clinton, 

Dana, 

Douglas, 

Dudley, 

Fitchburg, , 

Gardner, 

Grafton, 

Hard wick, 

Harvard, 

Holden, 



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, 

Thx-ee 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 six hundred and 

sixty dollars, 
Fifteen thousand two hundred and 

forty dollars, 
Two thousand eight hundred and 

twenty dollars, 
Three thousand and twenty dollars, 

One thousand seven hundred and 
sixty dollars, .... 

One thousand four hundred and 
eighty dollars, .... 

One thousand four hundred and 
eighty dollars, .... 



$1,620 00 

3,260 00 
820 00 



2,680 00 
740 00 



3,540 00 
900 00 

780 00 

2,000 00 

1,600 00 



4,440 00 
500 00 



1,620 00 

1,660 00 

15,240 00 

2,820 00 

3,020 00 

1,760 00 

1,480 00 

1,480 00 



1875.— Chapter 204. 

WORCESTER COUNTY— Continued. 



823 



Hubbardston, . 


One thousand three hundred and 






eighty dollars, .... 


$1,380 00 


Lancaster, . 


Two thousand eight hundred and 






eighty dollars, .... 


2,880 00 


Leicester, . 


Two thousand nine hundred and 






sixty dollars, .... 


2,960 00 


Leominster, 


Four thousand three hundred and 






sixty dollars, .... 


4,360 00 


Lunenburg, 


One thousand one hundred and 






twenty dollars, .... 


1,120 00 


Mendon, . 


One thousand and sixty dollars, 


1,060 00 


V 

Milford, 


Seven thousand eight hundred and 






eighty dollars, .... 


7,880 00 


Millbury, . 


Three thousand one hundred and 






twenty dollars, .... 


3,120 00 


New Braintree, . 


Eight hundred dollars, . 


800 00 


Northborough, . 


One thousand seven hundred and 






eighty dollars, .... 


1,780 00 


Northbridge, 


Two thousand eight hundred and 






sixty dollars, .... 


2,860 00 


N. Brookfield, . 


Two thousand eight hundred and 






twenty dollars, .... 


2,820 00 


Oakham, . 


Six hundred and twenty dollars, 


620 00 


Oxford, . 


Two thousand one hundred dollars, 


2,100 00 


Paxton, 


Five hundred and forty dollars, 


540 00 


Petersham, 


One thousand one hundred and 






twenty dollars, .... 


1,120 00 


Phillipston, 


Five hundred dollars, 


500 00 


Princeton, . 


One thousand three hundi'ed and 






twenty dollars, .... 


1,320 00 


Royalston, . 


One thousand two hundred and 






sixty dollars, .... 


1,260 00 


Rutland, . 


Eight hundred and twenty dollai-s, . 


820 00 


Shrewsbury, 


One thousand six hundred and 






twenty dollars, .... 


1,620 00 


Southborough, . 


One thousand nine hundred and 






eighty dollars, .... 


1,980 00 


Southbridge, 


Three thousand seven hundred dol- 






lars, 


3,700 00 


Spencer, . 


Three thousand two hundred and 






eighty dollars, .... 


3,280 00 


Sterling, . 


One thousand seven hundred and 






sixty dollars, .... 


1,760 00 


Sturbridge, 


One thousand five hundred and 






sixty dollars, .... 


1,560 00 



824 



1875.— Chapter 204. 

WORCESTER COUNTY— Continued. 



Sutton, 

Ternpleton 

Upton, 

Uxbridge, 

Warren, 

Webster, 

Westborougb, 

West Boylston, 

West Brookfield 

Westminster, 

Wincbendon, 

Worcester, 



One thousand eight hundred and 

eighty dollars, . . . f 1,880 00 

One thousand nine hundred and 

sixty dollars, .... 1,960 00 

One thousand four hundred and 

twenty dollars, .... 1,420 00 

Two thousand six hundred and 

eighty dollars, .... 2,680 00 

Two thousand two hundred and 

eighty dollars, .... 2,280 00 

Three thousand five hundred and 

forty dollars, 3,540 00 

Three thousand and sixty dollars, . 3,060 00 

One thousand seven hundred and 

eighty dollars, .... 1,780 00 

One thousand three hundred and 

forty dollars, .... 1,340 00 

One thousand four hundred and 

twenty dollars, .... 1,420 00 

Three thousand and twenty dollars, 3,020 00 

Fifty-one thousand and twenty dol- 
lars, 51,020 00 

$182,560 00 



Recapitulation 
by counties. 



REC APITULAT ION. 



Barnstable Co., 
Berkshire Co., 
Bristol County, 
Dukes County, 
Essex County, 
Franklin Co., 
Hampden Co., 
Hampshire Co., 
Middlesex Co., 
Nantucket Co., 



Twenty-five thousand and eighty 

dollars, f 25,080 00 

Fifty-eight thousand four hundred 

and eighty dollars, . . . 58,480 00 

One hundred nineteen thousand two 

hundred and eighty dollars, . 119,280 00 
Three thousand six hundred and 

eighty dollars, .... 3,680 00 

Two hundred and three thousand 

eight hundred dollars, . . . 203,800 00 
Twenty-five thousand six hundred 

dollars, 25,600 00 

Eighty-one thousand eight hundred 

and twenty dollars, . . . 81,820 00 

Forty-one thousand one hundred 

and eighty dollars, . . . 41,180 00 

Two hundred eighty thousand five 

hundred and eighty dollars, . 280,580 00 

Three thousand four hundred and 

twenty dollars, .... 3,420 00 



1875.— Chapter 204. 

RECAPITULATION— Continued. 



825 



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 eighty-two thousand 






five hundred and sixty dollars, . 


182,560 00 




12,000,000 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 
General Statutes, and to add the amount of such tax to 
the amount of- town and county taxes to be assessed by 
them respectively on each city or town. 

Section 3. The treasurer in his warrant, shall require 
the said selectmen or assessors to pay, or to issue their 
several warrant or warrants requiring the treasurers of their 
several cities or towns to pay, to the treasurer of the 
Commonwealth, on or before the first day of December, 
in the year one thousand eight hundred and seventy-five, 
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 treas- 
urer shall notify the treasurer of said delinquent city or 
town, who shall pay into the treasury of the Common- 
wealth, in addition to the tax, such further sum as would 
be equal to one per centum per month during such delin- 
quency, dating on and after the first day of December 
next ; and, if the same remains unpaid after the first day 
of January next, an information may be filed, by the 
treasurer of the Commonwealth, in the supreme judicial 
court, or before any justice thereof, against such delin- 

31 



Treasurer of 
Commonwealth 
to issue warrant. 



To require \ 

selectmen or 
assessors to 
issue warrants 
to city or town 
treasurers. 



Treasurer of the 
Commonwealth 

to notify delin- 
quent city or 
town treasurer. 



826 



1875.— Chapter 205. 



Chap. 205 



Sinking fund to 
be established. 



Investments of 
fund. 



County commis- 
sioners to be 
commissioners 
of fund. 



May direct 
county treasurer 
how to invest 
fund. 



quent city or town ; and, upon notice to such city or town, 
and a summary hearing thereon, a warrant of distress 
may issue against such city or town, to enforce the pay- 
ment of said taxes, under such penalties as said court, or 
the justice thereof before whom the hearing is had, shall 
order. 

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

Approved May 12, 1875. 

An Act to establish a sinking fund for the county of hampden. 
Be it enacted, &c., asfolloivs: 

Section 1. The county commissioners of ^ampden 
County, for the purpose of providing a sinking fund for 
the payment of the debt of said county at its maturity, 
are hereby authorized to loan and invest the proceeds from 
the sale of any real estate now owned by said county, 
together with such part of the unexpended appropriations 
of the year eighteen hundred and seventy-four as they 
may deem expedient, and hereafter in each year they shall 
include in their annual county estimates furnished to the 
legislature an estimate of the amount to be appropriated 
during such year for said sinking fund, which annual ap- 
propriations shall be sufficient, together with the accumu- 
lations, to extinguish said debt at its maturity. 

Section 2. The fund so provided, and all appropria- 
tions hereafter made for said sinking fund, together with 
the accumulations thereon, shall be invested in the securi- 
ties in which by law the funds of savings banks may be 
invested, except personal securities although guaranteed 
by sureties, and said sinking fund shall remain sacred and 
inviolate and pledged to the payment and redemption of 
said debt, and be used for no other purpose. 

Section 3. The county commissioners of said county 
shall be ex officio commissioners of said sinking fund, and 
all securities for such loans and investments shall be made 
to them as commissioners of the sinking fund of the county 
of Hampden. 

Section 4. Said county commissioners may in writing 
authorize and direct the treasurer of said county to take 
charge of said sinking fund and make such loans and 
investments and all necessary reinvestments in such man- 
ner as they shall determine, in accordance with the pro- 
visions of this act ; and in such event, said treasurer shall 
include in his annual statement of receipts and expendi- 
tures, a report of the condition of said sinking fund. 



1875.— Chapters 206, 207. 827 



Section 5. Neither said county commissioners nor No compensa. 
said treasurer shall be entitled to receive any additional allowed for ser- 
compensation for the performance of any duty required by VIces * 
the provisions of this act. 

Section 6. This act shall take effect upon its passage. 

Approved May 12, 1875. 

An Act to incorporate the menauhant land and wharf company. Chap. 206 
Be it enacted, &c., as follows: 

Section 1. Edwin J. Horton, Charles E. Hay ward, corporators. 
B. J. Angell, G. M. Horton, O. L. Thayer, James J. 
Horton, their associates and successors, are hereby made a 
corporation by the name of the Menauhant Land and p a 8 ™ e and pur " 
Wharf Company, for the purpose of improving and dispos- 
ing of land now owned by them in common, in Falmouth, 
Massachusetts, and purchasing, holding, improving and dis- ^ e e 8 rs and 
posing of lands adjoining thereto ; with all the powers and 
privileges, and subject to all the duties, restrictions and 
liabilities set forth in all the general laws which now are or 
may hereafter be in force, applicable to similar corporations. 

Section 2. Said corporation may purchase land adjoin- May purchase 
ing the land and wharf owned by said parties as aforesaid, 
and hold, improve and sell the same with buildings which 
may be erected thereon : provided, that the whole amount 
of land now held and to be held shall not exceed two hun- 
dred acres. 

Section 3. The capital stock of said corporation shall c I ap / 8 t {^° ck 
be thirty-five thousand dollars, which may by a vote of 
said corporation, be increased to an amount not to exceed 
fifty thousand dollars, to be divided iuto shares of one hun- 
dred dollars each : provided, however, said corporation shall 
not commence business or incur liability until fifteen thou- 
sand dollars of capital stock shall have been paid in, in cash. 

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

Approved May 12, 1875. 

An Act extending the time for locating and constructing the nj ia , n 207 

BOSTON, BARRE AND GARDNER RAILROAD, IN THE CITY OF WORCES- " % 

TER. 

Be it enacted, &c, as follows: 

Section 1. The provisions of chapter fourteen of the Time extended 
acts of the year eighteen hundred and seventy-three are construction? 11 
extended to the first day of July in the year eighteen hun- 
dred and seventy-six. 

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

Approved May 12, 1875. 



828 



1875.— Chapters 208, 209. 



Chap. 208 An Act to authorize the town of westford to raise, or 

APPROPRIATE MONEY FOR THE PURPOSE OF ERECTING A MONU- 
MENT. 

Be it enacted, &c., as follows : 

Section 1. The town of Westford is authorized to 
raise by taxation, or to appropriate, a sum of money not 
John Robinson, exceeding three thousand dollars, for the purpose of erect- 
ing a monument to Colonel John Robinson, in commemo- 
ration of his patriotic services, in the battles of Concord, 
Lexington and Bunker Hill. 

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

Approved May 12, 1875. 



May raise 
money for erec- 
tion of a monu- 
ment to Ool. 



Chajy.209 An Act to regulate and limit municipal indebtedness. 



Taxes to be 
assessed equal 
to aggregate of 
all sums appro- 
priated, etc., 
since last annual 
assessment. 



Debts not to be 
incurred except 
by vote of the 
town for tempo- 
rary loans. 



Be it enacted, &c, asfolloivs : 

Section 1. The assessors of cities and towns shall 
each year assess taxes to an amount not less than the 
aggregate of all sums appropriated, granted or lawfully 
expended by their respective cities or towns since the last 
preceding annual assessment and not provided for therein ; 
and of all sums which are required by law to be raised by 
taxation by the said cities or towns during said year ; and 
of all sums which are necessary to satisf}' final judgments 
recovered against the said cities or towns ; but such assess- 
ments shall not include sums for the payment of which 
cities or towns have voted to contract debts according to 
the provisions of the third section of this act ; and the 
assessors may deduct from the amount required to be 
assessed, the amount of all the estimated receipts of their 
respective cities or towns (except from loans or taxes) 
which are lawfully applicable to the payment of the expend- 
iture of the year, but such deduction shall not exceed 
the amount of such receipts during the preceding year ; 
and such assessments shall be made in the manner provided 
by law for the assessment of taxes ; and any assessor 
wilfully neglecting to make an assessment required by this 
act shall be subject to the penalties provided by law for 
neglecting to assess taxes. 

Section 2. No debts shall hereafter be incurred by 
any city or town except debts for temporary loans in an- 
ticipation of the taxes of the year in which such debts are 
incurred, and of the year next ensuing and expressly 
made payable therefrom by vote of the said city or town ; 
and except as hereinafter provided. 



1875.— Chapter 209. 829 

Section 3. Debts, other than those authorized by the other debts to 
second section of this act, shall hereafter be incurred by a by^two-twrde 5 
town, only by a vote of two-thirds of the legal voters vote ' 
present and voting at a legal meeting, and by a city, only 
by a vote of two-thirds of all the members of each branch 
of the city council, taken by yeas and nays, and, in any 
city where the mayor has the veto power, approved by 
the mayor; or, if he disapprove said vote, by another like 
vote taken after notice of such disapproval, which notice 
shall be given within ten days from the time in which the 
vote of the city council shall have been laid before the 
mayor ; and if the mayor shall fail to give such notice to 
the branch of the city council in which said vote was first 
taken, he shall be deemed to have approved said vote of 
the city council. 

Section 4. Any debt contracted by a city or town, To be payable 

•-i-ii ji i • i • pi-j i ii i within ten years 

as provided by the third section ot this act, shall be paya- of time of con- 
ble within a period not exceeding ten years from the time S ame. n8 
of contracting the same, and said city or town shall annu- 
ally raise by taxation an amount sufficient to pay the 
interest thereon as it accrues, and shall also annually raise 
by taxation a sum not less than eight per centum of the 
principal thereof, until, a sum is raised sufficient, with its 
accumulations, to extinguish the debt at maturity, which 
sum shall be set apart for that purpose and shall be used 
for no other purpose ; and any balance required to extin- 
guish said debt shall be raised by taxation at the annual 
assessment next preceding its maturity : provided, how- Provisos. 
ever, that debts incurred in constructing general sewers 
may be made payable at a period not exceeding twenty 
years from the time of contracting the same, and that debts 
incurred in supplying the inhabitants with pure water may 
be made payable at a period not exceeding thirty years 
from the time of contracting the same ; and provided, 
also, that when the debt is, under the authority of this 
act, made payable at a period exceeding ten years from 
the time of contracting the same, said town or city shall, 
and when it is made payable at a period not exceeding ten 
years, said town or city may, besides paying the interest, 
as it accrues, from taxes assessed for the purpose, estab- 
lish, at the time of contracting the debt, a sinking fund, 
and contribute thereto from year to year an amount raised 
annually by taxation, sufficient, with its accumulations, to 
extinguish the debt at maturity ; and said sinking fund 
shall remain sacred and inviolate and pledged to the pay- 



830 



1875.— Chapter 209. 



Commissioners 
of sinking funds 
to be elected. 



Vacancies. 



Commissioners 
to choose a 
treasurer. 



merit and redemption of said debt, and shall be used for 
no other purpose. 

Section 5. Any town establishing a sinking fund 
under the provisions of this act, shall, at the time of 
establishing the same, elect in the manner in which select- 
men are by law required to be elected, three or six suita- 
ble persons as commissioners of its sinking funds, and any 
city establishing such a fund shall elect such commission- 
ers by a concurrent vote of both branches of the city 
council. One-third of the number shall be elected for one, 
two and three years respectively. And annually there- 
after, there shall be elected for a term of three years, a 
number equal to the number whose term of service then 
expires. Vacancies occurring in the board of commis- 
sioners shall, in towns, be filled by the remaining member 
or members and the selectmen, by a majority of ballots of 
the officers so entitled to vote, at a meeting called for 
the purpose by the selectmen, and in cities such vacancies 
shall be filled by the city council in the manner above 
provided for the election of the commissioners. The 
remaining member or members shall in case of a vacancy 
exercise the powers of the board till the vacancy is filled. 
The city or town treasurer shall not be eligible as a com- 
missioner of sinking funds, and the acceptance of the office 
of treasurer by a commissioner already elected shall work 
a resignation of the office of commissioner. But the fore- 
going provisions as to the mode of electing commissioners 
and filling vacancies shall not apply to boards of sinking 
fund commissioners already established. 

The commissioners shall choose a treasurer, who may be 
the city or town treasurer, and if the city or town treas- 
urer shall be chosen, his bond shall apply to and include 
duties performed under this act. If any other person 
shall be chosen as treasurer, he shall give a bond, with 
sureties, to the satisfaction of the commissioners, for the 
proper discharge of the duties of his office. 

The commissioners shall receive all sums contributed 
to a sinking fund and invest and reinvest the same, and 
the income thereof as it shall accrue, in the name of the 
board, in the particular scrip, notes or bonds for the 
redemption of which such sinking fund was established, 
or in other bonds of said town and city, which are secured 
by sinking funds, or in the securities in which by law the 
funds of savings banks may be invested, except personal 



1875.— Chapter 209. 831 

securities, although guaranteed b} r sureties ; but no por- 
tion of the same shall be loaned to the city or town except 
as herein provided ; and the commissioners may sell and 
reinvest such securities when required in their judgment 
for the good management of the fund. They shall keep a To keep record 
record of their proceedings ; and shall annually, at the ° pr ° 
time when other municipal officers are required to make 
an annual report, make a written report to the city or 
town of the amount and condition of said funds and the 
income thereof, for the then preceding financial year. 
The record, and the securities belonging to said funds, 
shall at all times be open to the inspection of the select- 
men, mayor and aldermen, or any committee of said city 
or town duly authorized for the purpose. The necessary 
expenses of the board shall be paid by said city or town ; 
and the treasurer and secretary thereof shall receive such 
compensation as shall be fixed by the city or town, but no 
commissioner shall receive compensation for his services. 

When any securities issued by the city or town become Securities in 

. , tuna to be 

a part of a sinking fund, the commissioners shall cause to stamped as not 
be stamped or written on the face thereof a notice that they negotia 
are a part of such sinking fund, and are not negotiable; 
and the coupons thereof, as they become due and are paid, 
shall be cancelled. 

Section 6. No city or town, except as hereinafter pro- Cities and towns 

. , , liii • -i -l /.ii« not to become 

vided, shall become indebted to an amount (including indebted beyond 
existing indebtedness) exceeding in the aggregate three of 'valuation" ' 
per centum on the valuation of the taxable property 
therein, to be ascertained by the last preceding city or 
town valuation for the assessment of taxes. In determin- 
ing the amount of indebtedness under this act, the amount 
of the sinking funds shall be deducted from the gross 
indebtedness. 

Section 7. Cities or towns indebted when this act Wh f n indebted 

not less than 

takes effect, to an amount not less than two per centum two per cent, on 
on their valuation as aforesaid, may increase such indebt- be increased 
edness to the extent of an additional one per centum on one P ercen - 
their valuation, but no more; and when such indebted- when debt ex- 

c ., , n , ., ceeds five per 

ness ot any city or town exceeds five per centum on its cent., sinking 

i ,• /. • i i ., i ii fund to be estab- 

valuation as aforesaid, such city or town shall raise annu- nshed, etc. 
ally by taxation a sum sufficient to pay the interest on its 
whole indebtedness, and to make the necessary contribu- 
tions to a sinking fund which shall be established for the 
redemption of the same at a period not exceeding thirty 



832 1875.— Chapter 209. 

years from the time this act takes effect in the manner pro- 
vided in the fourth and fifth sections of this act ; and any city 
or town indebted when this act takes effect to an amount less 
than five per centum and more than one per centum on its 
valuation as aforesaid, shall make like provision for the 
payment of the interest on its whole indebtedness, and for 
the extinction of such indebtedness within a period not 
exceeding twenty years from the time this act takes effect, 
but it shall be sufficient to make such provision for the 
extinction of indebtedness contracted in supplying the 
inhabitants with pure water within a period not exceeding 
thirty years from the time this act takes effect, and to 
make like provision for the extinguishment of any existing 
funded debts, when the same mature. 
Payment of Section 8. Nothing contained in this act shall be con- 

periods not pro- strued as prohibiting the inhabitants of towns, or city 

hibited by this • i c . ' . j. _ « ,1 j. i? 

an. councils, from paying or providing tor the payment ot any 

municipal debts at earlier periods than is herein required, 
or from renewing the same in securities payable within 
the period required for the final payment of the debt, or 
from adding to any sinking funds, or funds for the extin- 
guishment of any debt, the excess of municipal appropri- 
ations over the amounts required for the purpose thereof, 
or any sums derived from taxation or special assessments, 
or other sources, which are not required by law to be 
otherwise expended ; and such additions may be made for 
the purpose of reducing the entire debt for the redemp- 
tion of which the sinking fund was established, or of 
reducing the amount to be raised by taxation for such fund. 
Loans from Section 9. No part of the sinking funds of the Coin- 

state noifto be° monwealth shall hereafter, except for the renewal of exist- 
wi'iosJdebrex- m » loans, be loaned to any city or town the indebtedness 
ceeds five per f which shall exceed five per centum of its valuation as 

cent, on valua- , A .11 •• 

tion. atoresaid, or which shall not comply with the provisions 

of this act ; but the certificate of the treasurer of any city 
or town as to the percentage of its indebtedness, and as 
to such compliance, shall be deemed satisfactory evidence 
thereof, for the justification of the treasurer of the Com- 
monwealth in making any such loan, unless he has reason- 
able cause to suppose that the statements of such certifi- 
cate are not true. 
Towns, etc, not Section 10. The restrictions of this act shall not 
payment 0/°™ exempt any city or town from its liability to pay debts 
contracted. ully contracted for purposes for which cities or towns may 



1875.— Chapters 210, 211. 833 

lawfully expend money ; and the limits of municipal 
indebtedness prescribed by this act shall be exclusive of 
debts created for supplying the inhabitants with pure 
water, and its provisions shall not apply to subscriptions 
lawfully made to the capital stock or securities of railroad 
corporations. 

Section 11. The supreme judicial court may, upon supreme ju- 

,. ., .... <• .1 .. i <? dicial court may 

the suit or petition ot the attorney-general, or or one or compel compii. 
more taxable inhabitants of any city or town, or of any mus J etc! nanda " 
creditor to whom the said city or town appears to said 
court indebted in an amount not less than one thousand 
dollars, compel the said city or town and its assessors, 
collectors, treasurers, commissioners of sinking funds, and 
other proper officers, to enforce the provisions of this act 
by mandamus or other appropriate remedy, and hear and 
determine any cause of complaint in equity, where such 
remedy is more appropriate ; and any justice of said court 
may in term time or vacation issue injunctions and make 
such orders and decrees as may be necessary or proper 
to enforce the provisions of this act, and to restrain or 
prevent any violation thereof. Approved May 14, 1875. 

An Act in addition to the provisions of section sixteen of QJiap.210 

CHAPTER NINETY-TWO OF THE GENERAL STATUTES CONCERNING THE ■*■ ' 

CUSTODIANS OF WILLS. 

Be it enacted, &c., as follows: 

Every person named as executor in a will, and having wnistobe 
custody thereof, shall, within thirty days after knowledge of probate court 
the death of the testator, deliver such will into the probate aa^fte^otice 
court which has jurisdiction of the case: and if without of death of tes- 

" . tator. 

reasonable cause he neglects to do so after being duly cited 
for that purpose by said court, he may be committed to 
jail by warrant of the court, there to be kept in close cus- 
tody until he delivers the will as herein directed ; and he 
shall be further liable to any party aggrieved for the dam- 
age sustained by such neglect. Approved May 14, 1875. 

An Act to regulate special contracts for labor. Chap. 211 

Be it enacted, &c, as follows : 

Section 1. Any manufacturing establishment which Employe re- 
shall require from an employe a notice of intention to notice, is fn- 
leave the employment of such establishment, under pen- underpenaity.' 
alty of forfeiture of any part of wages earned, shall be 
liable to the payment of a like forfeiture if they shall dis- 
charge an employe without notice, except for incapacity or 
32 



834 



1875.— Chapters 212, 213. 



misconduct ; provided, hoivever, that this act shall not 
apply in case of a general suspension of labor in said 
establishments. 
penalty for Section 2. Whoever shall by intimidation or force 

preventing per- « w 

sons from enter- prevent or seek to prevent any other person or persons 

ing employment % .. i ... . ., A , if 

of another. from entering or continuing in the employment ot any 
corporation, company or individual, shall be punished 
therefor by a fine not exceeding one hundred dollars. 
Section 3. This act shall take effect upon its passage. 

Approved May 14, 1875. 



Chap. 212 An Act to amend chapter two hundred and forty-eight of 

THE ACTS OF THE TEAR EIGHTEEN HUNDRED AND SEVENTY-FOUR, 
RELATING TO RULES OF PRACTICE IN THE SUPREME JUDICIAL AND 
SUPERIOR COURTS. 

Be it enacted, &c, as follows : 
Notice for^a Section 1. The notice that a party desires a trial by 

may be nied at jury, provided by the first section of the two hundred and 
parties are at forty-eighth chapter of the acts of the year eighteen hun- 
dred and seventy-four, may be filed at any time before the 
parties are at issue as well as at the times provided by said 
act. 

Section 2. Section three of chapter two hundred and 
forty-eight of the acts of the year eighteen hundred and 
seventy-four, is hereby amended by adding thereto the 
following : provided, that if upon the hearing under such 
order and notice, the court shall find that the action is not 
a proper case to be so advanced for speedy trial, it may 
in its discretion award the defendant such costs as may 
seem reasonable. 

The same section is further amended by inserting after 
the words "twenty days after" the words "the expiration 

Approved May 14, 1875. 



Amendment to 
1874, 248, § 3. 



of the time allowed for filing 



Chap. 213 ^N A° T RELATING TO THE CENTRAL DISTRICT COURT OF WORCESTER. 

Be it enacted, &c, as follows : 

Section 1. The reasonable expenses of the central dis- 
trict court of Worcester for rent, care of court rooms, fuel, 
record books, blanks, stationery, and other expenses inci- 
dental to maintaining said court, shall be examined and 
allowed by the justice of said court and paid out of the 
county treasury to the parties entitled thereto. 

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

Approved May 14, 1875. 



Expenses of 
court for rent, 
etc., to be 
allowed by jus 
tice, and paid 
out of county 
treasury. 



1875.— Chapter 214. 835 

An Act to provide for a change of the location and tracks Chap. 214 

OF THE EASTERN RAILROAD COMPANY, THE BOSTON AND ALBANY 
RAILROAD COMPANY, AND THE BOSTON, REVERE BEACH AND LYNN 
RAILROAD COMPANY, IN EAST BOSTON. 

Be it enacted, &c., as follows: 

Section 1. The Eastern Railroad Company, the Bos- JjgjfjJJJJj 
ton and Albany Railroad Company, and the Boston, roads may be 
Revere Beach and Lynn Railroad Company are hereby Bottom m 
authorized, on the request in writing of the mayor, duly 
authorized by the board of aldermen, of the city of Bos- 
ton, to discontinue and remove, in whole or in part, such 
portion of the location and tracks of said corporations as 
are situated in that part of Boston known as East Boston, 
and to re-locate the same upon a new line, to the east of 
the present one, in such manner as may be agreed upon 
between said corporations and the said mayor and alder- 
men ; and for this purpose they may purchase or take 
land and other property in the method provided for in 
chapter three hundred and seventy-two of the acts of the 
year eighteen hundred and seventy-four ; and the said re- 
located road may be constructed over and across tide- 
waters lying to the eastward of said East Boston, in such 
manner as may be approved by the board of harbor com- 
missioners. 

Section 2. Should the Eastern Railroad Company, the Expense of re- 
Boston and Albany Railroad Company, and the Boston, apportioned 6 
Revere Beach and Lynn Railroad Company, discontinue a„7c?t y ra of roads 
and re-locate their tracks on the request and in the manner Boston. 
specified in the preceding section, the cost of so doing shall 
be apportioned among the said Eastern Railroad Company, 
the Boston and Albany Railroad Company, the Boston, 
Revere Beach and Lynn Railroad Company and the city of 
Boston, by a commission which, upon the petition of said 
corporations, or either of them, shall be appointed, and 
shall proceed in the maimer and with the powers set forth 
in sections ninety-eight and ninety-nine of chapter three 
hundred and seventy-two of the acts of the year eighteen 
hundred and seventy-four. 

Section 3. The amount, or any part thereof, assessed Assessment for 
under this act against the city of Boston by said commis- 
sioners, may be levied upon the estates benefited by said 
re-location in the manner provided by law with respect to 
betterments upon the laying out and discontinuance of 
highways in said city of Boston : provided, that no estate Proviso. 
shall be assessed with a betterment exceeding one-half its 



836 1875.— Chaptees 215, 216. 

increased value by reason of the change of location of said 
railroad companies ; and provided, that the board of alder- 
men of the city of Boston shall determine that it is expe- 
dient that said amount, or any part thereof, assessed by 
said commissioners against said city, shall be raised by 
levying said betterments. 

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

Approved May 15, 1875. 

Chap. 215 An Act to authorize the boston beer company, to increase 

ITS CAPITAL STOCK. 

Be it enacted, &c, asfolloius : 
May hold ad- The Boston Beer Company is authorized to hold and 

ditional estate . -,-,.. , -, 

not exceeding possess, in addition to the real and personal estate it at 

85200 000 

present owns, real and personal estate, necessary and con- 
venient for its purposes, not exceeding two hundred 
thousand dollars in value. Approved May 15, 1875. 

Chap. 216 An Act concerning the annual retcrn of persons supported 

AND RELIEVED. 

Be it enacted, &c, as folloivs : 
Return to be Section 1. Section two of chapter two hundred and 

made of number . _ . „ . • 1 1 -1 i -i • 

of persons sup. nine ot the acts ot the year eighteen hundred and sixty- 
cost of support! seven is hereby repealed, and the following shall stand 
instead thereof, to wit : An annual return of the numbers 
of persons supported and relieved, as enumerated in the 
first section, Avith the cost of such support and relief, and 
a record of those fully supported, shall be made by the 
overseers of the poor to the secretary of the board of state 
charities during the month of April in each year, and 
shall be for the year ending on the thirty-first day of 
Proviso. March preceding : provided, that, for the present year, 

said returns shall be made on or before the thirty-first day 
of May. In the year eighteen hundred and eighty-five, 
and in every tenth year thereafter, the returns provided 
for in section twenty-three, chapter seventy of the Gen- 
eral Statutes, shall be made and transmitted by overseers 
of the poor to the secretary of the board of state charities, 
during the month of April, and shall be for the year end- 
ing on the thirty-first day of March preceding. 

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

Approved May 19, 1875. 



1875.— Chapter 217. 837 

An Act to provide the city of taunton with pure water. Chap. 217 
Be it enacted, &c., as follows: 

Section 1. The city of Taunton is authorized to take Taunton to be 
and hold the waters of either Taunton River, in the city of water. 6 
Taunton, or in the town of Raynham, or Elders' and 
Assowompsett ponds in the towns of Lakeville, Middle- 
borough and Rochester, and the waters in said towns 
which flow into said ponds, together with any water rights 
connected therewith, and may take and hold, by purchase 
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 works for collecting, conducting and distributing 
said waters through said city of Taunton : provided, how- 
ever, that if said city of Taunton take water from said 
Assowompsett Pond the said city shall construct and main- 
tain a dam at the place where the Assowompsett Pond flows 
into Namasket River, not exceeding two and one-half feet 
in height above the mud sill as it now exists at said place ; 
and provided, further, that if said dam shall not retain 
sufficient water for one year's supply for the city of Taun- 
ton, then said city shall have the right to, and shall raise 
said dam to such a height as will retain sufficient water 
for one year's supply for said city of Taunton. It is also 
provided that the natural flow of said Assowompsett 
Pond into the Namasket River shall at all times be main- 
tained. 

Section 2. Said city of Taunton shall, within sixty To file in the 
days from the time of taking any land as aforesaid, file in aXscnptiorTof 
the registry of deeds in which by existing laws a deed of the laud taken - 
the same is required to be recorded, a description of 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 city. Any person injured in 
his property under this act, and failing to agree with said 
city 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. 

Section 3. Said city of Taunton may construct dams, May construct 
reservoirs and aqueducts, and maintain the same by any voirs.'etc. 

works suitable therefor. Said city of Taunton may also 

i 



838 



1875.— Chaptee 217. 



Taunton Water 
Loan not to ex- 
ceed $200,000. 



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. 
rapttajor* °° r " Section 4. Whoever wilfully corrupts, pollutes or 
diverting water, diverts any of the waters taken under this act, or injures 
any dam, reservoir, aqueduct, conduit, pipe or other prop- 
erty owned or used by said city for the purposes of this 
act, shall forfeit and pay to said city 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 hun- 
dred 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 city of Taunton, 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, 
"Taunton Water Loan," to an amount not exceeding two 
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 twenty years from the issuing of said notes, 
scrip or certificates of debt respectively. Said city 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 
city shall pay the interest as it accrues on said loan, and 
shall establish a sinking fund and shall contribute thereto 
annually a sum sufficient with its accumulations to pay 
the principal of said loan at maturity ; and said sinking 
fund shall remain sacred and inviolate and pledged to the 
payment of said principal and shall be used for no other 
purpose. 

Section 6. Three commissioners shall be chosen by 
the city council in convention, one for the term of one 
year, one for the term of two years, and one for the term 
of three years from the first Monday of the January fol- 
lowing the acceptance of this act by the city of Taunton as 
hereinafter provided, and until their successors respectively 



Water commis- 
sioners to be 
chosen by city 
council in con- 
vention. 



1875.— Chapter 217. 839 

are chosen. In each succeeding year one commissioner 
shall be so chosen for the term of three years and until 
his successor is chosen. The city council may in like 
manner fill any vacancy occurring in said board. And the 
said commissioners shall superintend and direct the execu- 
tion and performance of all the works, matters and things 
mentioned in the preceding sections ; they shall be subject 
to such ordinances, rules and regulations, in the execution 
of their said trust, as the city council may from time to 
time ordain and establish, not inconsistent with the pro- 
visions of this act, and the laws of this Commonwealth. 
A major part of said commissioners shall be a quorum for 
the exercise of the powers, and the performance of the 
duties of the said office. 

Section 7. Said water commissioners shall so establish commissioners 
the rents for the use of said water, as to provide annually water rates. 
from the net iucome for the payment of the interest on the 
"Taunton Water Loan," and also after three 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, 
shall be set apart as a sinking fund and applied solely to 
the payment of the principal of said water loan, until the 
same is fully paid and discharged. Said water commis- 
sioners shall .be trustees of said sinking fund, and shall 
annually, or as often as said city may require, render an 
account of all the doings in relation thereto. 

Section 8. At any time after the expiration of three water rates 
years from the introduction of said water, and before the creased if re- 
reimbursement of the principal of said "Taunton Water ^XLntTjay 
Loan," if the net iucome from said water rents, at the intereBt on ,0 
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 twenty-five or 
more legal voters of said city, shall appoint three commis- 
sioners, 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. 



an. 



840 1875.— Chaptee 218. 

owner m? Section 9. The occupant of any tenement shall be 

tenant. 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 in writing of such use, he does not object 
thereto. 
tSowLTjt Section 10. Nothing in this act shall affect any right 
affected. of the town of Raynham to draw water from said river, or 

any rights of the towns of Lakeville, Middleborongh and 
Rochester, to draw water from said pond or ponds, or of 
the city of New Bedford to draw water from Long Pond. 
men to take Section 11. This act shall take effect upon its pas- 
age, and shall become void unless accepted within two 
years by a majority vote of the legal voters of the city of 
Taunton present and voting at a legal meeting called for 
that purpose, and held in the same manner as meetings 
for the election of municipal officers ; the check list shall 
be used, and the voting of such meeting shall be by ballot, 
written or printed, yea or nay. Approved May 19, 1875. 

Chap. 218 ^ ACT !N ADDITION TO AN ACT TO ESTABLISH THE CITY OF NEWTON. 

Be it enacted, &c., asfolloivs: 
divHiMHnto Section 1. The third section of chapter three huu- 

seven wards, dred and twenty-six of the acts of the year eighteen hun- 
dred and seventy-three, entitled An Act to establish the 
city of Newton, is hereby amended, as follows : The city 
council shall, in the year eighteen hundred and seventy- 
five, divide said city into seven wards, so that they shall 
contain, as nearly as may be consistent with well-defined 
limits to each ward, an equal number of voters in each 
ward ; and hereafter, in every fifth year, the city council 
may in like manner make a new division of said wards 
according to the census to be taken in the month of May 
or June in said years. 
seven aldermen Section 2. The second section of said act is hereby 

and fourteen .-,, 11 i r- i i iii 

common coun- amended so as to provide that the board ot aldermen shall 
consist of seven aldermen, and that the common council 
shall consist of fourteen councilmen. The seventh section 
of said act is hereby amended so as to provide for the 
election of seven aldermen, one alderman being selected 
from each ward, instead of six, as is therein provided. 

seven overseers Section 3. Section eighteen of said act is hereby 

of the poor. , © J 

amended so as to provide lor the election of seven persons 
to be overseers of the poor, one from each ward, instead 
of six, as is therein provided. 



1875.— Chapter 219. 841 

Section 4. Section twenty-one of said act is hereby School commit- 
amendcd so as to provide that the school committee of the mayor, presi. 
city shall consist of the mayor, the president of the com- ^'u W o C pers C ons 
mon council, and fourteen other persons, two of whom from cilcl1 war<1 - 
shall be selected from each ward. On the first Tuesday 
of December next, there shall be chosen two members of 
the school committee from ward seven, to serve, one for 
the term of two years, and one for the term of three 
years, commencing on the first Monday of January next, 
and at the expiration of their respective terms of office 
their successors therein, shall be elected to serve for the 
term of three years. 

Section 5. Nothing contained in this act shall affect SS^S^Sd 
the tenure of office of the members of the board of alder- counciimen not 
men and of the common council now elected, and vacan- 
cies arising therein shall be filled in the manner now pro- 
vided by law. On the first Tuesday of December next, 
and annually thereafter, the qualified voters in the several 
wards, as increased by virtue of this act, shall give in 
their votes for mayor, aldermen, councilmen and other 
officers, in accordance with the provisions of the act to 
which this is in addition, as modified and amended by this 
act ; and said officers, so chosen, shall enter upon the duties 
of their respective offices, at the time and in the manner 
now provided by law as amended hereby. 

Section 6. All acts and parts of acts inconsistent 
herewith, are hereby repealed. 

Section 7. This act shall not take effect, until accepted 
by the city council of Newton. Approved May 19, 1875. 

An Act to provide for the enforcement of certain provisions (J] ia v), 219 

OF CHAPTER THREE HUNDRED AND SEVENTY-TWO OF THE ACTS OF * 

THE YEAR EIGHTEEN HUNDRED AND SEVENTY-FOUR, RELATIVE TO 
CROSSINGS OF RAILROADS BY HIGHWAYS. 

Be it enacted, &c., as follows: 

Section 1. The supreme judicial court may, by Equity powers 
injunction or other suitable process in equity, compel & JW, 372 §§ 87, 
compliance with the provisions of sections eighty-seven 124 - 
and one hundred and twenty-four of chapter three hun- 
dred and seventy-two of the acts of the year eighteen 
hundred and seventy-four. 

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

Approved May 19, 1875. 

33 



842 1875.— Chapter 220. 

Chap. 220 An Act making appropriations to enable the governor and 

COUNCIL TO PERFORM THE DUTIES IMPOSED UPON THEM BY THE 
ACT TO PROVIDE FOR THE MANAGEMENT OF THE HOOSAC TUNNEL 
AND THE TROY AND GREENFIELD RAILROAD, AND FOR OTHER PUR- 
POSES. 

Be it enacted, &c, as folloivs : 
Treasurer may Section 1. For the purposes set forth in section four 

issue scrip, etc., . r i i i . i 

not exceeding ot this act, the treasurer of the Commonwealth is author- 

$1,300,000. , , .' , , . . ,.„ c , , , 

lzecl and instructed, to issue scrip or certificates ot debt, 
in the name and on behalf of the Commonwealth, and 
under his signature, and the seal of the Commonwealth, 
to an amount not exceeding one million three hundred 
thousand dollars, on the same terms and conditions' as are 
provided in section three of chapter three hundred and 
thirty-three of the acts of eighteen hundred and sixty- 
eight. 

Preparation and Section 2. The governor and council are hereby 
authorized and directed to take all necessary measures, 
for the preparation of said scrip, or certificates of debt, 
and for the sale or negotiation thereof, with authority to 
expend such sums of money as may be necessary for this 
purpose. 

Premium on Section 3. Whatever premium may be received from 

sales to be added . . * •/» <• 

to sinking fund, the sale of any of the scrip or certificates of debt, issued 
under the authority of this act, beyond the cost of pre- 
paring and negotiating the same, shall be added to and 
constitute a part of the sinking fund created by the pro- 
visions of chapter two hundred and twenty-six of the acts 
of eighteen hundred and fifty-four. 

Appropriation. Section 4. Said sum of one million three hundred 
thousand dollars or so much thereof as may be necessary 
is heieby appropriated to enable the governor and council 
to perform the duties imposed upon them under the pro- 
visions of chapter seventy-seven of the acts of the present 
year, entitled "An Act to provide for the management of 
the Hoosac Tunnel and the Troy and Greenfield Railroad, 
and for other purposes." 

^ en £ me ?S t0 Section 5. Section one of chapter four hundred and 

J o< 4, 402, § 1. , 

two of the acts of the year eighteen hundred and seventy- 
four, is hereby amended by striking out the words " west 
of Bardwell's ferry." 
unexpended Section 6. The unexpended balances of appropria- 

te? boused for" tions heretofore made, after the completion of existing 
contracts for work, are hereby appropriated to be expended 
as the governor and council may direct, so far as the same 



1875.— Chaptebs 221, 222, 223. 843 

may be necessary to cover the cost of stations and sid- 
ings, and the salaries of officers and engineers for the 
present year. 

Section 7. This act shall take effect upon its passage. 

Approved May 19, 1875. 

An Act lk addition to an act to provide for a union passenger Q/ lC( p t 221 

STATION IN THE CITY OF WORCESTER. &* 

Be it enacted, &c, as follows : 

Section 1. The time within which the Union Passen- Time for com. 
ger Station in the city of Worcester, mentioned in section u e n extended. 
five of chapter three hundred and forty-three of the acts 
of the year eighteen hundred and seventy-one, shall be 
completed and ready for use is extended to the first day 
of October of the present year. 

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

Approved May 19, 1875. 

An Act in addition to an act for supplying the city of fall Char). 222 

RIVER WITH PURE WATER. * 

Be it enacted, &c., as follows: 

Section 1. The city of Fall Eiver is authorized to water Bonds of 
issue scrip, notes or certificates of debt, to be denominated Kh^-'^oo^oo, 
" Water Bonds of the City of Fall River," to an amount 
not exceeding five hundred thousand dollars, in addition to 
the amounts authorized by chapter one hundred and thirty- 
three of the acts of the year eighteen hundred and seventy- 
one, and by chapter three hundred and fifty-six of the acts 
of the year eighteen hundred and seventy-three, and by 
chapter two hundred and forty-four of the acts of the year 
eighteen hundred and seventy-four. 

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

Approved May 19, .1875. 

An Act in relation to the filing of petitions before county rj] iar} 223 

COMMISSIONERS. "' 

Be it enacted, &c., as folloios : 

Section 1. All petitions to the county commissioners petitions may 
relating to highways and town ways, and all petitions for cierk^office in 
the assessment of damages, or for a jury may be filed in enteriTat^ext 
the clerk's office in vacation, and entered before the county meeting of com- 

, . . iii i missioners. 

commissioners at their next meeting, whether the same be 
a regular meeting or an adjournment thereof; and the 
recognizance for costs may be taken by the clerk of said 
commissioners at the time of filing of the petition, and 



844 1875.— Chapters 224, 225, 226. 

the date of said filing shall be deemed the commencement 
of the proceeding. 

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

Approved May 19, 1875. 

Chap. 224 An Act confirming a vote of the town of westborough, passed 

NOVEMBER FOURTH, EIGHTEEN HUNDRED AND FIFTY-SIX. 

Be it enacted, &c, as folloivs : 
confirmed?™ ^he vote °f ^he town of "Westborough passed Novem- 

ber fourth, eighteen hundred and fifty-six, "To discontinue 
one-half a rod on Davis and Bullard's land, and thence 
to land of R. G. Holmes to a point," passed upon an 
article contained in the warrant for the town meeting as 
follows: "To see if the town will discontinue any part 
of the road recently located from the Common to Cot- 
tage Street, or act anything thereon," is hereby made 
valid and confirmed to the same extent as if said town 
had authority in that manner to alter the width of the 
way ; and said way is hereby laid out one rod and a 
half wide on that part, in accordance with the said vote 
and the plan on file in the town clerk's office of said town. 

Approved May 19, 1875. 

Chap. 225 An Act to amend chapter two hundred and twenty-four of 

THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND SEVENTY, 
CONCERNING MANUFACTURING AND OTHER CORPORATIONS. 

Be it enacted, &c, as folloivs: 

ttf en 22i e til t0 ^° mucn °f sec ti°n eight of chapter two hundred and 
twenty-four of the acts of the year eighteen hundred and 
seventy as requires a corporation organized for the purpose 
of carrying on the business of a common carrier of per- 
sons under the provisions of said chapter, and of chapter 
one hundred and seventy-nine of the acts of the year 
eighteen hundred and seventy-three, to assume as part of 
the name of such corporation the word "express," is hereby 
repealed. Approved May 19, 1875. 

ChaX). 226 ^N ACT RELATING TO DIVORCE. 

Be$l enacted, &c, as follows: 
Divorce from Section 1. When a divorce from bed and board, or a 

the bonds of .... , , , . , . 

matrimony. divorce msi has been decreed, and the parties have lived 
separately for three consecutive years next after the 
decree, a divorce from the bonds of matrimony may be 
decreed upon the petition of the party in whose favor the 
decree was granted ; and when the parties have lived 
separately for five consecutive years next after the decree, 



1875.— Chapters 227, 228, 229. 845 

a divorce from the bonds of matrimony may be decreed in 
favor of either party. 

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

Approved May 19, 1875. 

An Act to amend an act to authorize the commissioners on Qfony 9 97 

PUBLIC LANDS TO RELEASE A CERTAIN PARCEL OF LAND, IN EAST "' 

BOSTON. 

Be it enacted, &c, as follows : 

Section one of chapter one hundred and fifty-five of the Amendment to 
acts of the present year is hereby amended by striking 5 ' 55 ' 
out the word "heirs" in the third line and inserting 
instead thereof the words "devisee under the will." 

Approved May 19, 1875. 

An Act to preserve the purity of the water of lake Chap. 228 

COCHITUATE. 

Be it enacted, &c, as follows: 

Section 1. It shall be lawful for the supreme judicial s. j.c.may re. 

. /••¥-» strain discharge 

court, upon the application of the city of Boston, to grant pf drainage, etc., 

an injunction against the discharge of any drainage or LakeCocHt- 

sewage matter, or pollution of any kind into Lake uate * 

Cochituate, or Pegan Brook, or any waters flowing into 

said lake or brook : provided, that this shall not be held Proviso. 

to destroy the prescriptive right of any person or persons 

to discharge such matter into said lake or brook. 

Section 2. The town of Natick shall have the right to sewerage in 
divert the waters of any brook, rivulet or stream now 
running into Lake Cochituate, into which the sewerage or 
drainage of Natick now empties : provided, that nothing in 
this act shall be construed so as to give any right to said 
town to divert such brook, rivulet or stream into Charles 
River. 

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

Approved May 19, 1875. 

An Act to amend chapter three hundred and twenty of the rj] ia j) 229 

ACTS OF THE YEAR EIGHTEEN HUNDRED AND SEVENTY-FOUR, CON- "'' 

CERNING THE MASSACHUSETTS VOLUNTEER MILITIA. 

Be it enacted, &c, as follows : 

Section 1. The adjutant and assistant-surgeon of com- compensation 
panies of cavalry and artillery, when attached to brigades Ms^surgeonof 
as provided in section eighteen of chapter three hundred cavXy.^f 
and twenty, of the acts of the year eighteen hundred and when attached 

- J in . J ° . .to brigades. 

seventy-four, shall receive the same compensation as is 
allowed to other commissioned staff officers. Adjutants 
of such commands shall also be allowed the same sum 



846 



1875.— Chapters 230, 231. 



annually as provided for adjutants of regiments by section 
one hundred and twenty-six of chapter three hundred and 
twenty, of the acts of the year eighteen hundred and sev- 
enty-four. 

Section 2. In times of peace no more than four guns 
shall be allowed to a battery of artillery. 

Section 3. There shall be allowed to each separate 
sioned staff for battalion one chaplain, one drum-major, one commissary- 
sergeant, who shall receive the same pay and allowance as 
other officers and enlisted men of their grade. 

Section 4. In each brigade there shall be one aide-de- 
camp upon the staff of the brigade commander in addition 
to the number of staff officers now allowed by law who 
shall receive the same pay and allowance as officers of the 
same grade. 

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

Approved May 19, 1875. 



Four-gun 
batteries. 



Chaplain and 
non-commis- 



Aide-de-eamp 
upon brigade 
staff. 



Chap. 230 An Act to increase the number of associate justices of the 

SUPERIOR COURT. 

Be it enacted, &c, as follows : 
Associate jus- Section 1. The number of associate iustices of the 

tice of the . , ■ . •> 

superior court, superior court, shall be ten instead ot nine, as now pro- 
vided by law. 

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

Approved Mai/ 19, 1875. 



Chap. 231 



Members of 
commission to 
be appointed by 
a justice of 
S. J. c. 



Commission to 
meet within 
thirty days of 
appointment. 



An Act to amend chapter three hundred and seventy-two 
OF the acts of the year eighteen hundred and seventy- 
four, ENTITLED " AN ACT TO REVISE AND CONSOLIDATE THE PRO- 
VISIONS OF THE GENEHAL STATUTES AND OF SUBSEQUENT GENERAL 
ACTS RELATING TO. RAILROADS." 

Be it enacted, &c, as folloivs: 

Section 1. The members of the special commission 
provided for in section ninety-eight of chapter three hun- 
dred and seventy-two of the acts of the year eighteen 
hundred and seventy-four, shall be appointed by any 
justice of the supreme judicial court, either in term time 
or vacation, upon motion of either party in interest, after 
such notice to all parties in interest as the said court may 
order. The commission shall meet as soon as may be 
after the several members are appointed, and in any case 
within thirty days after they are appointed as aforesaid, 
and may apportion charges, expenses and costs in the 
manner provided by said section ninety-eight ; or, if the 
way in question is a highway, may assess the same upon 



1875.— Chapter 231. 847 

the railroad corporation, and the town or city, and the 
county in which the crossing is situated, or either of them, 
or any two of them, in such proportions as may be deemed 
just and reasonable. 

Section 2. Any party affected by any award men- parties dissatis- 
tioned in the one hundredth section of chapter three hun- m e ay l^piylbr a 
dred and seventy-two of the acts of eighteen hundred J ul > 
and seventy-four, and made under the provisions of 
section ninety-eight of said chapter, if dissatisfied with 
said award or the determination in respect to any matters 
of fact found therein, may, within fourteen days after 
such award shall have been filed in the office of the board 
of railroad commissioners, as provided for in the said one 
hundredth section, apply to the superior court for the 
county in which said crossing is situated, for a jury to 
revise and determine any matter of fact or issue men- 
tioned in said ninety-eighth section as hereby amended, 
which the special commission provided for therein could 
legally have determined in and by their award made under 
said last mentioned section, and thereupon said court, after 
due notice to all other parties interested in the matter of 
said award, shall order a trial by jury to be had at the bar 
of the court, in the same manner in which civil causes are 
therein tried by iury ; and all cases so entered in said Cai * es >" court, 

""'•'.. /. 1 1 1 i under this act, 

court under the provisions of this act, shall take prece- to take prece- 
dence of all other business, and a trial shall be had thereon other business. 
as soon as may be, and no continuance shall be granted 
unless the purposes of justice should require it ; and the 
verdict of the jury in such case, when finally accepted by 
said superior court, shall be final ; and in all cases where 
the jury shall be applied for, no party shall be entitled to 
have said award returned to the supreme judicial court for 
revision as provided for in the one hundredth section ; but 
if no application shall be made by any party for a jury, as 
herein before provided, then any party affected by said 
award shall be entitled to have said award returned to the 
supreme judicial court, as provided in the one hundredth 
section, and the rights of all parties under said one hun- 
dredth section shall then remain the same as if this act 
had not been passed. 

Section 3. If a iury shall be applied for as provided Rights of parties 

. "i , . i tiiii if jury is applied 

in the second section of this act, and a verdict shall be for, and verdict 
rendered in the case, the rights of all parties under the 
one hundred and first section of said three hundred and 



848 



1875.— Chapter 232. 



Repeal. 



Chap. 232 



Members of 
city council not 
to be interested 
in city contracts. 



Members of 
legislature or 
executive coun- 
cil not to be 
interested in 
contracts, etc., 
wherein the 
state is a party. 



seventy- second chapter, shall be the same under the ver- 
dict of a jury as it is now provided they shall be under 
the award of said special commission. 

Section 4. Section ninety-nine of chapter three hun- 
dred and seventy-two of the acts of the year eighteen 
hundred and seventy-four, and all acts and parts of acts 
inconsistent herewith are hereby repealed ; but nothing in 
this act contained shall be construed to affect cases now 
pending in court which shall be tried and adjudicated as if 
this act had never been passed. 

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

Approved May 19, 1875. 

An Act relating to contracts with certain public officers. 
Be it enacted, &c., as follows : 

Section 1. No person shall be interested in a private 
capacity, either directly, or indirectly, in any contract or 
agreement w r hereiu a city is a party interested, if he be a 
member of the city council of said city, or of either branch 
thereof, and if said contract, or agreement, be made by 
said city council or either branch thereof, or by authority 
derived therefrom. 

Nor if he be a member of any municipal board in said 
citjr, and said contract or agreement be made by said 
board, or authority therefrom. 

Nor if he, alone, or with others, represent said city in 
making such contract or agreement. Nor shall he, 
directly or indirectly, for himself or any other person, 
receive any commission, discount, bonus, present or 
reward from the person or persons making or performing 
such contract or agreement. 

Section 2. No person shall be interested in a private 
capacity, either directly or indirectly, in any contract or 
agreement wherein the state is a party interested, if he 
be a member of the legislature or executive council of this 
state, and said contract or agreement be made by said 
legislature or either branch thereof, or authority derived 
therefrom. Nor if he alone, or w r ith others, represent 
said state in making such contract or agreement ; nor shall 
he, directly or indirectly, for himself or any other person, 
receive any commission, discount, bonus, present or 
reward from the person or persons making or performing 
said contract or agreement. Nor if he be a member of 
any state commission, and said contract or agreement be 
made by said commission or authority derived therefrom. 



1875.— Chapter 233. 849 

Section 3. Whoever violates the provisions of this Penalties. 
act shall be punished by a fine of not less than fifty dollars 
nor more than one thousand dollars, or by fine and impris- 
onment not exceeding one year, at the discretion of the 
court. 

Section 4. Chapter two hundred and seventy-four of Repeal of 1872, 
the acts of the year eighteen hundred and seventy-two is 
hereby repealed. Approved May 19, 1875. 

An Act to dispose of the building, land and funds of day's Chap. 233 

ACADEMY IN WRENTHAM. 

Be it enacted, &c, as follows : 

Section 1. The trustees of Day's Academy, estab- S 1 8 1 ^d. may 
lished in Wrentham, in the county of Norfolk, by an act 
approved March thirteenth, eighteen hundred and six, are 
hereby authorized and empowered to sell and convey to 
the inhabitants of the town of Wrentham, the tract of 
land upon which the academy building now stands, for the 
purpose of erecting thereon a school-house or building 
for the use of a high school and other schools in said 
Wrentham. 

Section 2. The trustees aforesaid are hereby author- May remove 
ized and empowered to remove the said academy building £?£. emy 
upon land of the First Congregational Society in Wren- 
tham, a corporation created by an act passed February 
twenty-first, seventeen hundred and ninety-nine, upon 
procuring a sufficient guarantee from said society that said 
building shall hereafter be used for the exhibitions of the 
public schools of Wrentham, and of Sunday schools, for 
a public library, and for lectures under the control of the 
trustees of said Congregational society. 

Section 3. The trustees of said Day's Academy are To render 
hereby authorized to apply so much of the proceeds of the ceeds and ex™" 
sale of said land, and of the funds of said Day's Academy, gJJJ'S^ 
as may be necessary to remove and repair and put in proper bate - 
order, said building for the purposes aforesaid in its new 
location, and shall render their account of said proceeds, 
funds and expenditures to the judge of probate for said 
county of Norfolk, and shall pay over the balance, if any, to 
said town of Wrentham, to become a part of its school fund : 
provided, nevertheless, that should the said Congregational Proviso, 
society refuse to accept the building and funds as above 
provided, then the said trustees are authorized and em- 
powered to sell said lot and building and devote the pro- 
ceeds of such sale, together with the funds remaining in 
34 



850 



1875.— Chapter 234. 



Chap. 234 



Worcester Pro- 
tective Depart- 
ment incorpo- 
rated. 



May maintain a 
corps of men 
and officers. 



Department to 
have right of 
way while going 
to a fire. 



the treasury of said Day's Academy, to the following pur- 
poses, to wit : one-half to be made and become part of 
the Wrentham town school fund, and the remaining half to 
be given to the First Congregational Society in said 
Wrentham. 

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

Approved May 19, 1875. 

An Act to incorporate the Worcester protective department. 
Be it enacted, &c., as follows : 

Section 1. John D. Washburn, Charles B. Pratt, 
Augustus N. Currier, Dana K. Fitch, George E. Kendall, 
and all other officers for the time being of any incorpo- 
rated company or association, and any agent doing the 
business of fire insurance in the city of Worcester, who 
may become associated with them and their successors, are 
hereby created a body corporate, by the name of the 
" Worcester Protective Department," with power to sue 
and to 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 there- 
of, subject, however, to the laws of this Commonwealth. 

Section 2. Said corporation shall have power to pro- 
vide and maintain a corps of men, with proper officers, 
whose duty it shall be, so far as practicable, to discover 
and prevent fires, and shall provide suitable apparatus to 
save and preserve life and property at or after a fire ; 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 protect and save life and prop- 
erty therein, and to remove such property or any part 
thereof at or immediately after a fire : provided, 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 
Worcester Fire Department, or to warrant or justify any 
interference with them in the performance of their duties, 
nor shall it in any way justify the owner of any building 
or personal property in the abandonment of his property. 

Section 3. The officers and men of the Worcester 
Protective Department, with their teams and apparatus, 
shall have the right of way while going to a fire through 
any street, lane or alley in the city of Worcester, subject 
to such rules and regulations as the city council may pre- 



1875.— Chapter 234. 851 

scribe, and subject also to the rights of the Worcester 
Fire Department, and any violation of the street rights of 
the Worcester Protective Department shall be punished in 
the same manner as is provided for the punishment of 
violations of the rights of the fire department of the city 
of Boston, in chapter three hundred seventy-four of the 
acts of eighteen hundred seventy-three. 

Section 4. In the month of June, eighteen hundred ^ ^fJ g 
seventy-five, and in the month of June in every year tion. 
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 Worcester, at which meeting each incorporated 
insurance company or association doing business in the 
city of Worcester, whether its officers or its agents be 
members of this corporation or not, shall have the right 
to be represented by one of such officers or agents, and 
each organization represented at such meeting shall be 
entitled to one vote. 

A majority of the whole number so represented, shall 
have the 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 nec- 
essary, may be assessed upon the organizations belonging 
to this corporation, 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 
collectible by this corporation in any court of law in the 
state of Massachusetts. 

Section 5. To provide for the payment of persons Payment of 
employed, and to maintain the apparatus for saving life and vided°for S . pi ° 
property contemplated, this corporation is empowered 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 Worcester, for and 
during the six months next preceding the thirtieth day of 
June and the thirty-first day of December of each year, 
which statement shall be sworn to by the president or sec- 
retary of the corporation or association, or by the agent 
or person so acting and effecting such insurance in said 



852 1875.— Chapters 235, 236. 

city, and shall be handed to the treasurer of this corpora- 
tion, within thirty days after the time to which such returns 
are to be made. 
Penalty for ne g - Section 6. It shall be lawful for the treasurer or other 

lecting to render 

account. appointed officer of this corporation, within ten days after 

the first day of January, and the 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 "Worcester, 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 also forfeit, for their use, five dollars in addi- 
tion for every day he shall so neglect, after the expiration 
of the said thirty days ; and such additional penalty may 
be computed 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 cost of suit, in any court of 
record within this state. 

Section 7. This act shall take effect upon its passage. 

Approved May 19, 1875. 

Chctp. 235 An Act to enlarge the equity jurisdiction of the supreme 

JUDICIAL COURT. 

Be it enacted, &c., as follows : 
uonof| u j 8 c ic Section 1. The supreme judicial court shall have 
enlarged. ' jurisdiction in equity to reach and apply in payment of a 
debt any property, right, title or interest, real or personal, 
of a debtor, liable to be attached or taken on execution in 
a suit at law against him and fraudulently conveyed by him 
with intent to defeat, delay or defraud his creditors, or 
purchased or directly or indirectly paid for by him, the 
record or other 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. 

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

Approved May 19, 1875. 

Chap. 236 An Act IN relation to the payment of taxes by co-tenants. 

Be it enacted, &c, as follows : 
Co-tenant to Section 1. Any co-tenant, who shall have paid the 

ia a nd oTother" whole amount of tax assessed upon lands held by him and 
taxes p'ai f d. r one or more other persons as joint tenants or as tenants in 



1875.— Chapter 237. 853 

common, shall have a lien upon the interest of each of his 
co-tenants in the s:iid land, to secure the payment to him 
of the proportion of such tax due and payable by each of 
his co-tenants respectively, together with the costs for 
enforcing the same : provided, however, that any person Proviso. 
whose tax shall have been so paid by his co-tenant, shall 
have the same rights in regard to recovering back taxes 
illegally assessed that he would have had if the tax had 
been paid under a protest by him in writing. 

Section 2. Such lien shall be dissolved unless the To file in regis 
person desiring to avail himself thereof shall file in the description 9 ©* 
registry of deeds for the county in which the lands are eredby^en!' 
situated, within thirty days from the actual day of pay- 
ment of said tax, a certificate setting forth a description of 
the property intended to be covered by the lien, suffi- 
ciently accurate for identification, the names of the several 
co-tenants and the interest of each therein, the amount of 
tax paid and the amount due from each co-tenant, which 
certificate shall be subscribed and sworn to by the person 
claiming the lien or by some one in his behalf, and shall 
be recorded in a book to be kept for the purpose by the 
register of deeds in each county, who shall be entitled to 
the same fees therefor as for recording mortgages of equal 
length. 

Section 3. Such lien shall not avail or be of force Lien not to 
against any mortgage actually existing and duly recorded, f^fngmortgage. 
prior to the recording of said certificate. 

Section 4. Unless a suit for enforcing the lien is com- suit to be com- 

i .,i • • i. i /■ j.l j j. e j2f • l menced within 

menced within ninety days from the date ot filing said ninety days. 
certificate, the lien shall be dissolved. 

Section 5. The lien maybe enforced in like manner Enforcement of 
as is provided in chapter one hundred and fifty of the ien ' 
General Statutes, for enforcing liens on buildings and 
lands, and any provisions therein contained which may be 
applicable, shall apply to liens created by this act. 

Approved May 19, 1875. 

An Act in addition to an act making appropriations to meet Qhap.237 

CERTAIN EXPENDITURES AUTHORIZED THE PRESENT YEAR, 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, from the ordinary revenue, except in cases 
otherwise ordered, for the purposes specified in certain 



854 



1875.—Chaptek 237. 



Inspector of 
liquors. 



Municipal court, 
South Boston. 



Town of 
Waltham. 



Town of 
Scituate. 



Discharged 
female prison- 
ers. 



Diseases among 

cattle. 



Eye and Ear 
Infirmary. 



John McGrath. 



John H. 
Lamson. 



Town of 
Greenfield. 



Lunatic hospi- 
tal, Taunton. 



Charles W. 
Baxter. 



acts and resolves of the present year, and for other pur- 
poses, to wit : — 

In the act, chapter ninety-nine, entitled " An Act to 
regulate the sale of intoxicating liquors," for the salary 
of the inspector and assayer of liquors, a sum not exceed- 
ing one thousand eight hundred and seventy-five dollars. 

In the act, chapter one hundred and eighty-two, fixing 
the salary of the clerk of the municipal court of the 
South Boston district, the sum of three hundred and 
seventy-five dollars, in addition to the amount heretofore 
appropriated for the present year. 

In resolve, chapter three, in favor of the town of Wal- 
tham, the sum of two hundred and sixty-two dollars and 
fifty cents, on account of armory rent. 

In the resolve, chapter four, in favor of the town of 
Scituate, the sum of one hundred and eighty-seven dollars 
and ten cents, to be paid from the Massachusetts school 
fund. 

In the resolve, chapter five, in aid of discharged female 
prisoners, a sum not exceeding one thousand five hundred 
dollars. 

In the resolve, chapter six, in relation to the extermi- 
nation of contagious diseases among cattle, a sum not 
exceeding five hundred dollars. 

In the resolve, chapter seven, in favor of the Massa- 
chusetts Charitable Eye and Ear Infirmary, the sum of 
seven thousand five hundred dollars. 

In the resolve, chapter eight, in favor of John McGrath, 
the same being payable to the overseers of the poor of the 
town of Framingham, for his benefit, the sum of one 
hundred dollars. 

In the resolve, chapter nine, in favor of John H. Lam- 
son, the sum of three hundred and twenty-five dollars, 
on account of volunteer bounty. 

In the resolve, chapter eleven, in favor of the town of 
Greenfield, the sum of two hundred dollars, on account of 
armory rent. 

In the resolve, chapter twelve, in favor of the state 
lunatic hospital at Taunton, a sum not exceeding thirty- 
five thousand dollars, to be expended in accordance with 
the provisions of said resolve. 

In the resolve, chapter thirteen, in favor of Charles W. 
Baxter, the sum of one hundred and fifty dollars, for 
damages to a horse under his command in the state militia. 



1875.— Chapter 237. 855 

In the resolve, chapter fourteen, in favor of William S. Wm.s. Frost. 
Frost, the sum of forty dollars on account of duty per- 
formed in the volunteer militia. 

In the resolve, chapter fifteen, authorizing the publica- List of sailors 
tion of a list of Massachusetts officers, sailors and marines ax 
who served in the navy in the late war, a sum not exceed- 
ing one thousand five hundred dollars. 

In the resolve, chapter sixteen, in favor of Peter Powers, Peter Powers. 
the sum of three hundred and seventy-two dollars, on 
account of state aid. 

In the resolve, chapter seventeen, to furnish certain doc- Town of south 
uments and standard weights and measures to the town of 
South Abington, a sum not exceeding seven hundred 
dollars. 

In the resolve, chapter nineteen, providing for the catalogue, state 
preparation of a new catalogue of the state library, a sum J raiy ' 
not exceeding nine hundred dollars, to be expended in 
accordance with the provisions of said resolve. 

In the resolve, chapter twenty-one, in favor of the town Town of 
of Middleborough, the sum of forty-six dollars, on Mld le oroug 
account of armory rent. 

In the resolve, chapter twenty-two, in favor of the idiotic and 
Massachusetts School for Idiotic and Feeble-minded Youth.'™ 1 
Youth, the sum of twenty-five hundred dollars ; said sum 
to be in addition to the appropriation heretofore made for 
the present year. 

In the resolve, chapter twenty-three, in favor of the Town of 
town of Melrose, the sum of three hundred dollars, on 
account of armory rent. 

In the resolve, chapter twenty-four, in favor of Edward pe™ Archi 
Archibald and Percy Archibald, the sum of three hundred t^ui- 
thirty-seven dollars and thirty-six cents, on account of 
the estate of Thomas Archibald, an alien. 

In the resolve, chapter twenty-five, for the reimburse- insurance 
ment of certain taxes overpaid by insurance agents, a sum &k 
not exceeding thirty-six dollars and fifty-three cents. 

In the resolve, chapter twenty-six, providing for suita- Furniture, exec 
ble furniture for the executive chambers, a sum not 
exceeding six hundred and fifty dollars. 

In the resolve, chapter twenty-seven, in favor of the DeerfieidVaiiey 

\ ( *ri cultural 

Deerfield Valley Agricultural Society, the sum of two society. 
hundred and eighty-one dollars and nine cents, on account 
of bounty to agricultural societies. 

In the resolve, chapter twenty-eight, in favor of Maria Maria Gragg. 



856 



1875.— Chapter 237. 



Employment 
Bureau. 



Anna Coleman, 



Jerrie C. 
Vaughn. 



Town of 
Beverly. 



Hayden 
Tobacco Works, 



Charles W. 
Stephenson. 



Normal schools, 



Militia. 



Albert F. 
Howland. 



Rose Carpenter, 



Ellen "Woods. 



Owen 
McDonald. 



Fishway. 



Gragg, the sum of two hundred and thirty -two dollars, 
on account of state aid. 

In the resolve, chapter twenty-nine, in favor of the 
Disabled Soldiers' Employment Bureau, the sum of three 
thousand dollars. 

In the resolve, chapter thirty, in favor of Anna Cole- 
man, the sum of two thousand and sixty-nine dollars and 
ninety-one cents, in accordance with the provisions of 
said resolve. 

In the resolve, chapter thirty-one, in favor of Jerrie C. 
Vaughn, the sum of three hundred and twenty-live dollars, 
on account of volunteer bounty. 

In the resolve, chapter thirty-two, in favor of the town 
of Beverly, the sum of two hundred and sixty-two dollars 
and fifty cents, on account of armory rent. 

In the resolve, chapter thirty-three, in favor of the Hay- 
den Tobacco Works, the sum of seventy-two dollars and 
ninety cents, on account of corporation tax. 

In the resolve, chapter thirty-four, in favor of George 
H. McAllister, guardian of Charles W. Stephenson, the 
sum of three hundred and ninety-two dollars, on account 
of state aid. 

In the resolve, chapter thirty-five, in favor of the nor- 
mal schools at Framingham, Westfield, Bridge water and 
Salem, a sum not exceeding ten thousand nine hundred 
and fifty dollars, in accordance with the provisions of said 
resolve. 

In the resolve, chapter forty-four, in favor of company F, 
second regiment infantry, Massachusetts volunteer militia, 
a sum not exceeding two hundred dollars, on account of 
duty performed at the Mill Kiver disaster. 

In the resolve, chapter forty-five, in favor of Albert 
Franklin Howland, the sum of ninety dollars, on account 
of state aid. 

In the resolve, chapter forty-six, in favor of Rose Car- 
penter, the sum of two hundred dollars, on account of 
state aid. 

In the resolve, chapter forty-eight, in favor of Ellen 
Woods, the sum of three hundred and twelve dollars, on 
account of state aid. 

In the resolve, chapter forty-nine, in favor of Owen 
McDonald, the sum of one hundred dollars, on account of 
injuries received at the Hoosac Tunnel. 

In the resolve, chapter fifty, relating to the improve- 



1875.— Chapter 237. 857 

ment of the fish-way in the Merrimack River at Lawrence, 
a sum not exceeding two thousand dollars. 

In the resolve, chapter fifty-one, in favor of company Militia. 
G, second regiment infautry, Massachusetts volunteer 
militia, a sum not exceeding two hundred and eight dol- 
lars and seventy-five cents, on account of duty performed 
at the Mill River disaster. 

In the resolve, chapter fifty-two, in favor of the city of Fitohtlur g- 
Fitchburg, the sum of eight hundred dollars, on account 
of armory rent. 

In the resolve, chapter fifty-three, in favor of the state state aims- 
almshouse at Tewksbury, a sum not exceeding seven 
thousand eight hundred dollars, to be expended in accord- 
ance with the provisions of said resolve. 

In the resolve, chapter fifty-five, to authorize the pur- Crocker's Notes 
chase and distribution of Crocker's Notes on the General statutes. 
Statutes of Massachusetts, a sum not exceeding one thou- 
sand seven hundred and fifty dollars. 

In the resolve, chapter fifty-six, providing for printing Report of board 
the report of the board of education, and for other pur- ° 
poses, a sum not exceeding ten thousand and fifty-six 
dollars. 

For the publication of the Provincial Statutes, a sum Provincial 

Statutes 

not exceeding five thousand dollars. 

For printing and binding the militia law, a sum not Militia law. 
exceeding five hundred dollars. 

For term reports, a sum not exceeding one thousand Term re P° rts * 
five hundred dollars, in addition to the appropriation here- 
tofore made for the present year. 

For expenses of civil actions, to be expended under the Atfy.generai— 

t , • /. ,i , . i / -i • , civil actions. 

direction ot the attorney-general, a sum not exceeding two 
hundred and fifty dollars in addition to the appropriation 
heretofore made for the present year. 

For expenses attending the celebrations at Lexington celebrations at 
and Concord, a sum not exceeding six thousand dollars. concofd! nan 

For the services and expenses of the commissioners on commissioners 
lunacy, a sum not exceeding nine hundred and fifty ou lunaoy - 
dollars. 

For expenses incurred in connection with house number House No. 33 
thirty-three Pemberton Square, in the year eighteen hun- Pembeitou 8c i- 
dred and seventy-four, a sum not exceeding seven 
hundred and twenty-one dollars and eighty-five cents. 

For expenses attending the management of cases of settlement and 

. l o O bastardy cases. 

settlement and bastardy, and 111 connection with com- 
35 



858 



1875.— Chapter 238. 



Military ac- 
counts. 



Repairs of 
state bouse. 



Visit to Hoosac 
Tunnel. 



Quartermasters 
supplies. 



Military over- 
coats, etc. 



Expenditures 
incurred in 
previous years. 



Chap. 238 



Assistant regis. 
ter, etc., not to 
receive fees 
arising from 
matter pending 
before probate 
court. 



Expense of 
recording pro- 
ceedings to be 
paid by county. 



plaints of or in behalf of persons confined as lunatics, in 
eighteen hundred and seventy-five, a sum not exceeding 
two thousand dollars. 

For military accounts, a sum not exceeding seven 
thousand dollars. 

For repairs, improvements, and furniture at the state 
house, a sum not exceeding three thousand dollars, in 
addition to the appropriation heretofore made for the 
present year. 

The expenses incurred by the visit of the house to the 
Hoosac Tunnel, under the order of May fourth, shall be 
paid from the appropriation for expenses of legislative 
committees of the present year. 

For quartermasters' supplies, a sum not exceeding 
three thousand dollars, in addition to the appropriation 
heretofore made for the present year. 

The unexpended balance of the appropriation made the 
present year, for the purchase of uniforms for the volun- 
teer militia, may be used for the purchase of military 
overcoats and equipments. 

For any small items of expenditure incurred in pre- 
vious years, appropriations for which have been exhausted, 
or have reverted to the treasury, a sum not exceeding one 
thousand dollars. 

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

Approved May 19, 1875. 

An Act relating to the probate office of the county of 

SUFFOLK. 

Be it enacted, &c., as folloivs: 

Section 1. The assistant-register of probate and in- 
solvency for the county of Suffolk, and any other person 
engaged in the performance of any of the duties of the 
probate office of said county, shall not be interested in or 
benefited by the fees or emoluments arising from any suit 
or matter pending before the probate court of said county, 
nor be of council or attorney, either in or out of court, in 
any suit or matter pending before said court, nor in an 
appeal therefrom, nor be executor, administrator, guardian, 
commissioner, appraiser, divider or assignee of or upon 
any estate within the jurisdiction of said court, nor be 
interested in the fees or emoluments arising from either of 
said trusts. 

Section 2. The expense of recording the probate pro- 
ceedings in the county of Suffolk, shall be paid by said 



1875.— Chapter 239. 859 

county upon the official certificate of the register of probate 
and insolvency for said county, countersigned by the judge to coun- 
judge of said court, in the sums and to the persons named ctte? n ' 
in such certificate ; and the judge shall countersign such 
certificate if he is satisfied that the amounts are actually 
due to the persons named therein for recording such pro- 
ceedings ; provided, however, that such expense shall not 
exceed the sum of twelve hundred dollars in any one year. 

Section 3. Chapter three hundred and sixty-one of Repeal of m-i, 
the acts of the year eighteen hundred and seventy-four is 
repealed. 

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

Approved May 19, 1875. 

An Act in relation to the commonwealth flats near south nj ia n 239 

BOSTON. -2 ' 

Be it enacted, <&c, as follows : 

Section 1. The governor, with the advice and consent Agents to be 
of the council, shall appoint three persons to act as agents governor an§ 
of the Commonwealth, with authority, subject to the pro- councl1 - 
visions of this act, to make contracts for the improvement, 
tilling, sale, use or other disposition of the lands at and 
near to South Boston in the county of Suffolk, known as 
the Commonwealth fiats at South Boston, such contracts to 
he subject to the approval of the governor and council. 

Section 2. All such contracts for improvement, sale contracts sub- 
or use shall also be first subject to the approval of the i e yVarbo?com- 
board of harbor commissioners in regard to the lines upon missioner8 - 
the harbor, the method of construction of walls and piers, 
the maintaining of channels and the taking of material for 
filling from the harbor of Boston. 

Section 3. The governor and council may at any time Agents may be 
remove such agents, and in case of a vacancy shall appoint su^cessors'"^- 
a successor ; they shall receive such compensation for their p° mted - 

i i -n « l . -. Compensation. 

services, una such allowance lor expenses as said gov- 
ernor and council may determine, and shall make an annual 
report to the governor of their doings under this act. 

Section 4. Said agents shall cause a general plan to General plan of 
be prepared of said lands, and shall designate thereon the p Tmi. tobep ' v " 
portions which in their opinion should be devoted to rail- 
way or commercial purposes and the portions to be devoted 
to general purposes, and may enter into contracts with 
persons or corporations for the filling and use of such por- 
tions of the said lands as it may be decided by said agents, 
with the approval of the governor and council, ought to 



860 



1875.— Chapter 239. 



Agents may 
make bargains 
for sale of flats. 



Conditions of 
contract made 
with parties 
proposing to 
build junction 
railroad. 



Proviso. 



Agents shall not 
pledge credit of 
state. 



No contract to 
bind state to 
convey lands 
until full price 
is paid. 



be devoted to railway or commercial purposes, or to gen- 
eral purposes, upon such terms and conditions as may be 
equitable, all such contracts to be approved by the gov- 
ernor and council ; and all existing authority to dispose of 
said lands otherwise than is herein provided, is repealed. 

Section 5. Said agents may, with the consent of the 
governor and council, make* bargains for the sale of por- 
tions of the flats to any persons or corporations which 
shall undertake to construct and operate a junction rail- 
road to connect one or more existing railroads with the 
said lands, upon such terms and conditions as are herein- 
after provided. 

Section 6. If said agents shall enter into contract 
with any persons or corporations proposing to construct 
and operate such junction railroad, the contract shall pro- 
vide that said railroad shall connect its track with other 
railroads within twenty miles of the city of Boston, and 
shall not cross, at grade, any other railroad, or any street 
or highway, within the limits of said city, and shall also 
provide that said persons or corporations constructing and 
operating said junction railroad, shall charge for the use of 
their tracks, to all railroads connecting therewith, a rate 
which shall be equal and without discrimination as to each 
kind of service so performed ; and in case of any dispute 
upon said point, it shall be referred to the board of rail- 
road commissioners for determination. And said agents 
shall make no conveyance of any portion of said lands to 
such junction railroad until it shall have completed at least 
one track of its road, from said lands to a point of con- 
nection with the track of a railroad corporation not now 
connecting with said territory : provided, however, that no 
conveyance of said flats shall be made until such railroad 
is completed, and in case such railroad is not completed 
within five years, any such contract made shall be null and 
void. 

Section 7. Said agents shall have no authority to bind 
the Commonwealth for the payment of any money what- 
soever, or to pledge the credit of the Commonwealth. 

Section 8. All contracts or bargains for a sale of 
lands which may be made by the said agents under the 
authority of this act, shall be so expressed that no convey- 
ance of such lands or any part thereof shall be required 
to be made by the Commonwealth, until the purchaser 
shall have paid in full the price agreed upon for the same, 



1875.— Chapters 240, 241. 861 

and that the contract or bargain shall be void in case_ of 
neglect or refusal to complete the payment of such price 
at or before a time to be fixed therein. 

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

Approved May 19, 1875. 

An Act in addition to an act authorizing the first parish in Chap. 240 

NEWBURY TO SELL REAL ESTATE. 

Be %t enacted, &c, as follows: 

Section 1. The treasurer of the first parish in New- J™»«£° r e ™y 
bury, when duly authorized by a vote of the proprietors 
of said parish may make and execute in behalf of the pro- 
prietors any deed or deeds necessary to convey any lands, 
which said proprietors are authorized to sell by the one 
hundred and fifty-third chapter of the acts of eighteen 
hundred and seventy -three. 

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

Approved May 19, 1875. 

An Act to reorganize the school committee op the city of Chap. 241 

BOSTON. 

Be it enacted, &c, as follows : 

Section 1. The qualified voters of the city of Boston, school commit- 

... , • • 1 i , • j.1 tee to consist of 

at the annual municipal election occurring in the year mayor and 

eighteen hundred and seventy-five, shall elect twenty-four p^on/eiected 

persons, inhabitants of the city, to constitute with the by the voters. 

mayor of said city, who shall be ex officio chairman thereof, 

the school committee of said city, the members of which shall 

serve without compensation ; the eight persons who shall 

have received the largest number of votes shall hold their 

office for three years ; the eight persons who shall have 

received the next largest number of votes shall hold their 

office for two years : and the eight persons who shall have 

received the next largest number of votes shall hold their 

office for one year. In case two or more persons elected 

shall have received an equal number of votes, those who 

are the seniors by age shall, for the division into classes 

hereby required, be classified as if they had received the 

largest number of votes in the order of ages. And there- Eight members 

after the qualified voters shall annually elect eight persons ; every year! 

inhabitants of the city, to serve as members of the school 

committee for the term of three years. 

Section 2. It shall be the duty of the clerks of the cierks of wards 
several wards of said city to make returns to the city clerk, of votes to city 
after each municipal election, of the votes cast in their clcrk * 



862 1875.— Chapter 241. 

several wards for members of the school committee, and 
after the entry by the city clerk of said returns, or of an 
abstract thereof, in the official book kept for such purpose, 
it shall be the duty of the board of aldermen to examine 
and compare said returns and thereupon to cause certif- 
icates of election to be issued to such and so many of the 
members of said school committee as appear to have been 
chosen at such election ; but said school committee shall 
be the final judge of the qualifications and elections of its 
own members. 

organization of Section 3. The persons so chosen as members of the 
school committee shall meet and organize on the second 
Monday in January, in the year eighteen hundred and 
seventy-six, and annually thereafter, at such time and 
place as the mayor may appoint. The unexpired term of 
office of all members and officers of the school committee 
as hitherto organized and established shall terminate 
immediately upon the organization of the school com- 
mittee elected under this act. 

a majority shaii Section 4. A majority of all the members of the 

constitute a . i 

quorum. school committee shall be necessary to constitute a quorum 

for the transaction of business. They shall choose a 
secretary, not of their own number, who shall also serve 
as secretary to the board of supervisors, an auditing 
clerk, and such other subordinate officers as they may 
deem expedient, and shall define their duties, fix their 
compensation, and may remove them at pleasure. 

Powers and Section 5. The school committee shall have the 

duties of com- . 

mittee. supervision and direction of the public schools, and shall 

exercise the powers and perform the duties in relation to 
the care and management of schools which are now 
exercised and performed by the school committee of said 
city, except so far as they may be changed or modified by 
this act, and shall have the powers and discharge the 
duties which may hereafter be imposed by law upon the 
school committees of cities and towns. They may elect 
teachers, and may discharge those now in office, as well 
as those hereafter elected. They shall appoint janitors 
for the school-houses, fix their compensation, designate 
their duties, and may discharge them at pleasure. They 
may fix the compensation of the teachers, but the salaries 
established at the commencement of each school year shall 
not be increased during such year. 



1875.— Chapter 242. . 863 

Section 6. Whenever, in the judgment of the school StSS?aSoou 
committee, a new building or any addition to or alteration houses - 
of a building is needed for school purposes, of an estimated 
cost of over one thousand dollars, they shall make a state- 
ment in writing to the city council of the necessity of the 
proposed building, addition or alteration ; and no contract 
for the purchase or lease of land, or for the erection, pur- 
chase or lease of any building, or for any addition to or 
alteration of any building for school purposes, shall be 
authorized by the city council until such statement has 
been made, nor until the locality and plans for the same 
have been approved by the school committee or by a sub- 
committee thereof, duly authorized to approve the same. 

Section 7. The school committee shall elect a super- superintendent 

• j i , « i -i i i -if • • i_ and supervisors 

mtendent ot schools and a board ot supervisors, consist- to be elected by 
ing of not more than six members, and shall define their committee - 
duties and fix their compensation. The superintendent 
and the members of the board of supervisors shall hold 
office for the term of two years, unless sooner removed ; 
and they may be removed for cause at any time by the 
school committee. No member of either branch of the 
city council or of the school committee shall hold the 
office of superintendent or supervisor, and no member of 
either branch of the city council shall be a member of the 
school committee. The superintendent shall be a mem- 
ber of the board of supervisors, and shall, when present, 
preside at their meetings. 

Section 8. The votes of a majority of the whole Majority of 
number of members of the school committee, shall be teereq^dto 
necessary to elect the superintendent of schools, the tSSraSSSl 
supervisors, the head-masters of the Latin, normal and ters « et °- 
high schools, the masters of the grammar schools, or the 
director of a special study or exercise. 

Approved May 19, 1875. 

AN ACT IN FURTHER ADDITION TO AN ACT MAKING APPROPRIATIONS QJiar>.242 
TO MEET CERTAIN EXPENDITURES AUTHORIZED THE PRESENT YEAR, " 

AND FOR OTHER PURPOSES. 

Be it enacted, &c, as follows : 

Section 1. The sums hereinafter mentioned are appro- Appropriations. 
priated to be paid out of the treasury of the Common- 
wealth, from the ordinary revenue, except in cases other- 
wise ordered, for the purposes specified in certain acts and 
resolves of the present year, and for other purposes, to 
wit : — 



864 



1875.— Chapter 242. 



Running 
streams, com- 
mon sewers. 



Justices supe- 
rior court. 



Philip Mackay. 



Priscilla Free- 
man. 



Williamsburg. 



Board of health. 



Reform school. 



Walter and 

Francis Shanly. 



State house 
improvements. 



Apportionment 
of taxes. 



Index, senate 
journals. 



Common- 
wealth's flats. 



In the act, chapter one hundred and ninety-two, entitled 
"An Act to provide for an investigation of the question of 
the use of running streams as common sewers in its rela- 
tion to the public health," a sum not exceeding ten thou- 
sand dollars. 

In the act, to increase the number of the associate jus- 
tices of the superior court, a sum not exceeding four 
thousand dollars. 

In the resolve, chapter fifty-seven, in favor of Philip 
Mackay, the sum of two hundred dollars, on account of 
injuries received at the Hoosac Tunnel. 

In the resolve, chapter fifty-eight, in favor of Priscilla 
Freeman, the sum of two hundred dollars. 

In the resolve, chapter sixty-one, in favor of the town 
of Williamsburg, the sum of five hundred and sixty 
dollars. 

In the resolve, chapter sixty-five, to provide for accom- 
modations for the state board of health, a sum not exceed- 
ing one hundred and fifty dollars. 

In the resolve, chapter sixty-nine, to provide for enlarged 
accommodations and classification of inmates at the state 
reform school at Westborough, a sum not exceeding ninety 
thousand dollars. 

In the resolve, chapter seventy-three, in favor of Walter 
and Francis Shanly, the sum of one hundred and thirty- 
one thousand dollars, to be paid in accordance with the 
provisions of said resolve. 

For carpets and other improvements authorized by the 
commissioners on the state house, during the year eighteen 
hundred and seventy-four, a sum not exceeding nine thou- 
sand seven hundred eighty dollars and seven cents. 

For expenses incurred under authority of "An Act to 
secure a more equal apportionment of state and county 
taxes upon the several cities and towns," a sum not exceed- 
ing five hundred dollars, the same to be in addition to the 
appropriations heretofore made for the present year. 

For preparing a general index of the senate journals 
from eighteen hundred and fifty-four to eighteen hundred 
and sixty-seven inclusive, in accordance with an order of 
the senate, a sum not exceeding five hundred dollars. 

In the act, in relation to the Commonwealth's flats in 
South Boston, a sum not exceeding two thousand dollars. 

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

Approved May 19, 1875. 



1875.— Chapter 243. 865 

An Act to authorize the division of the city of boston into Chap. 243 

TWENTY-FOUR WARDS, AND TO FIX THE NUMBER OF MEMBERS OF 
THE COMMON COUNCIL. 

Be it enacted, &c, as follows : 

Section 1. It shall be the duty of the city council of c.'^^H 

/»-r-» i • • 1 i -l -i • divided into 

the city of Boston, and it is hereby empowered during twenty-four 
the year eighteen hundred and seventy-five, and each tenth w 
year thereafter in which a census shall be taken by author- 
ity of the Commonwealth, to cause a new division of the 
city to be made into twenty-four wards, in such manner 
as to include an equal number of voters in each ward, as 
nearly as conveniently may be, consistently with well 
defined limits to each ward, and until such division is 
made, the boundary lines of the wards shall remain as 
established. 

The city council may also, from time to time, prescribe a 
place in each ward at which elections shall be held. 

Section 2. At the municipal election in the year Election of 
eighteen hundred and seventy-five, and every year there- wmmmcoan. 
after, the qualified voters of each ward shall bring in their Cl1 " 
votes for three able and discreet men, qualified voters in 
said ward, to be members of the common council for the 
ensuing year ; and all the ballots so given in each ward, 
being sorted, counted and declared, a public declaration of 
the result shall be made by the warden in open ward meet- 
ing ; and a record of such proceedings shall be kept by 
the clerk in his journal, stating the number of ballots 
given for each person, written in words at length. 

Section 3. The terms of office of all ward officers Ward office™. 
heretofore chosen shall expire on the day before the next 
annual municipal election ; and the mayor and aldermen 
shall appoint from the legal voters of each ward as estab- 
lished under the first section of this act, a warden, clerk 
and four inspectors of elections, who shall officiate in their 
several capacities on the day of said municipal election 
upon being duly qualified, and who shall hold their several 
offices until the first Monday of January, eighteen hun- 
dred and seventy-six. 

At the municipal election of the year eighteen hundred 
and seventy-five, and every year thereafter, ward officers 
shall be elected according to law. 

Section 4. Section twenty of chapter four hundred f/ s pe § ^ of1854 ' 
and forty-eight of the acts of the year eighteen hundred 
and fifty-four, and all acts and parts of acts inconsistent 
with the provisions of this act, are hereby repealed ; but 

36 



866 1875.— Chapter 243. 

nothing contained in this act, or in the proceedings which 
may be had by virtue of the authority conferred by it upon 
the city council, shall be held to alter the method of elec- 
tion, or qualifications of the ward officers, or to alter the 
boundaries of the jurisdiction of the several municipal 
courts of the city of Boston, as they are now established 
by law. 

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

Approved May 19, 1875. . 



1875.— Chapters 1, 2, 3. 8G7 



RESOLVES, 

GENERAL AND SPECIAL 



Resolve assigning additional rooms fob the state normal (J] m p. 1 

ART-SCHOOL. 

Resolved, That the sergeant-at-arms, with the assent state normal 
and approval of the commissioners on the state house, be Lave rooms in 
authorized to assign the rooms on the first and second Pemberton Sc i- 
floor of the house number twenty-four, Pemberton Square, 
to the board of education, for the use of the state normal 
art-school, during the present lease. 

Approved January 26, 1875. 



Chap. 



Resolve to provide for the payment from the treasury of 
certain educational expenses. 

Resolved, The treasurer and receiver-general is hereby Educational 
directed to pay from the treasury the warrants drawn by expen 
the governor for educational expenditures, in accordance 
with the provisions of chapters thirteen and two hundred 
and thirty-four of the acts of the year eighteen hundred 
and seventy-four, making appropriations therefor : pro- 
vided that the amount of such payments shall not exceed 
the sum of twenty thousand dollars, which sum is hereby 
appropriated therefor. Approved February 11, 1875. 

Resolve in favor of the town of waltham. Chap. 3. 

Resolved, That there be allowed and paid to the town Allowance to 
of Waltham the sum of two hundred and sixty-two armor^ren't! 
dollars and fifty cents for rent of armory for company 
F, fifth regiment of infantry, Massachusetts volunteer 
militia, from July first eighteen hundred and seventy-four, 
to January first eighteen hundred and seventy-five. 

Approved, February 11, 1875. 



868 



1875.— Chapters 4, 5, 6, 7, 8, 9. 



Chap. 5. 

Discharged 
female prison- 
ers. 



Chap. 4. Resolve in favor of the town of scituate. 

Allowance to Resolved, That there be allowed and paid out of the 

Scituate from . _ * , * 

school fund. moiety ot the income ot the school fund, distributable to 
towns, to the town of Scituate its share of the school 
fund for the year eighteen hundred aud seventy-three. 

Approved March 4, 1875. 

Resolve in aid of discharged female prisoners. 
Resolved, That there be allowed and paid from the 
treasury, under the direction of the governor, a sum not 
exceeding fifteen hundred dollars, for the purpose of 
assisting discharged female prisoners. 

Approved March 9, 1875. 

Chap. 6. Resolve in relation to the extermination of contagious 

CATTLE DISEASES. 

catuediseaaes. Resolved, That there be allowed and paid out of the 
treasury a sum not exceeding five hundred dollars, to be 
expended under the direction of the cattle commissioners, 
for the purpose of exterminating contagious cattle diseases 
in the state. Approved March 9, 1875. 

Chap. 7. Resolve in favor of the Massachusetts charitable eye and 

EAR INFIRMARY. 

chaiTtab"e Se Eye Resolved, That there be allowed and paid out of the 
and Ear infirm, treasury, the sum of seven thousand five hundred dollars, 
to the Massachusetts Charitable Eye aud Ear Infirmary ; 
to be expended under the direction of the managers 
thereof, for the charitable purposes of said infirmary, 
during the present year : and the said managers shall 
report to the board of state charities, as required by 
chapter two hundred and forty-three of the acts of the 
year eighteen hundred and sixty-seven. 

Approved March 11, 1875. 



Chap. 8. 

Allowance to 
John McGrath. 



Chap. 9. 

Allowance to 
John H. Lam- 
son. 



Resolve in favor of john m c grath. 
Resolved, That there be allowed and paid out of the 
treasury to the overseers of the poor of the town of Fram- 
inghani, the sum of one hundred dollars for the benefit 
of John McGrath. Approved March 16, 1875. 

Resolve in favor of john h. lamson. 
Resolved, That there be allowed and paid out of the 
treasury to John H. Lamson of Cambridge, the sum of 
three hundred and twenty-five dollars. 

Approved March 19, 1875. 



1875.— Chapters 10, 11, 12, 13, 14, 15. 869 

Resolve in relation to menemsha creek and pond, in the Chart. 10. 

TOWNS OF CUILMARK AND GAY HEAD. 

Resolved, That the board of harbor commissioners are Harbor commis. 
directed to examine into the condition of Menemsha amine Menem- 
Creek and Pond in the towns of Chilmark and Gay Head, 8haCreek - 
with reference to the shoaling of said creek and pond, 
and report thereon to the next general court, together 
with any recommendations that they may see fit to make. 

Approved March 19, 1875. 

Resolve in favor of the town of Greenfield. Chap. 11. 

-Resolved, That there be allowed and paid out of the Allowance to 
treasury to the town of Greenfield, the sum of two hun- armory rent." 
dred dollars, for rent of armory for the year eighteen hun- 
dred and seventy-four. Approved March 19, 1875. 

Resolve in favor of the state lunatic hospital at taunton. Chap. 12. 

Resolved, That there be allowed and paid out of the Lunatic hoBpi- 
treasury a sum not exceeding thirty-five thousand dollars 
to the trustees of the state lunatic hospital at Taunton, to 
be expended as follows : 

Twenty-five thousand dollars for the completion of the 
extensions of the hospital buildings ; 

Ten thousand dollars to change and improve the heating 
apparatus and ventilation of the old portions to said hospi- 
tal buildings. Approved March 19, 1875. 

Resolve in favor of charles w. banter. Chap. 13. 

Resolved, That there 'be allowed and paid out of the Allowance to 
treasury of the Commonwealth, to Charles W. Baxter, the ter'? 8 ' 
sum of one hundred and fifty dollars, for damages to a 
horse attached to his command in the state militia. 

Approved March 27, 1875. 

Resolve in favor of william s. frost. Chap. 14. 

Resolved, That there be allowed and paid from the Allowance to 
treasury to William S. Frost, the sum of forty dollars 
for pay and expenses incurred while detailed as a provost 
marshal in the year eighteen hundred and seventy-two, for 
which no provision had been made. 

Approved March 27, 1875. 

Resolves to authorize the publication of a list of massachu- Char). 15. 
setts officers, sailors and marines avho served in the navy ^' 

in the late civil war. 

Resolved, That the adjutant-general be instructed to List of Mass. 

prepare for publication, and cause to be printed and bound eS. c , e wbo Sa S erved 



870 



1875.— Chapter 16. 



Distribution. 



in late war, to uniform with "Record of Massachusetts Volunteers," 
already issued by the state, oue thousand five hundred 
copies of a full list, as nearly as may be practicable, of the 
officers, sailors and marines of Massachusetts who served 
in the navy during the late civil war on the quota of 
Massachusetts ; designating the name, age, rank and resi- 
dence of each at the time of appointment or enlistment, 
with date of discharge or resignation, and the reason 
therefor ; the vessels and squadrons to which attached ; 
also, the name of town or city, if any, upon whose quota 
said officers or seamen were credited, 
state printers Resolved, That the state printers may stereot}-pe the 
at contract price, above record, at their own expense, if they shall deem 
best so to do, and are hereby authorized to print and sell, 
at a sum not exceeding the contract price paid by the 
Commonwealth, such number of copies as the public may 
from time to time require. 

Resolved, That the one thousand five hundred copies of 
the record herein before provided for shall be distributed 
as follows : Three hundred copies as provided by the 
General Statutes, chapter three, section two; to the adju- 
tant-general, seventy-five copies ; to the governor, ten 
copies : to the lieutenant-governor, five copies ; to the 
president of the senate and speaker of the house, five 
copies each ; to the members of the executive council, the 
senate and house of representatives, the chaplains and 
clerks of the two branches, the sergeant-at-arms, secre- 
tary of the Commonwealth, treasurer and auditor for the 
present year, two copies each. 

The remainder shall be deposited in the document-room, 
under the charge of the secretary of the Commonwealth, 
to supply legitimate calls and for future exigencies, pur- 
suant to the rules and orders. 

The sergeant-at-arms is hereby authorized and directed, 
when said publication is ready for distribution, to deliver, 
upon personal application, to the members of the executive 
and legislative branches of the government for the present 
year, or, if requested so to do by written communication, 
to forward to their respective places of abode the copies 
to which any member may be entitled in conformity with 
the above. Approved March 31, 1S75. 



Chap. 16. 

Allowance to 
Peter Powers. 



Resolve in favor of •petek powers. 
Resolved, That there be allowed and paid out of the 
treasury to Peter Powers, the sum of three hundred and 



1875.— Chapters 17, 18, 19, 20. 871 

seventy-two dollars, as state aid from February first, 
eighteen hundred and sixty-nine, to April first, eighteen 
hundred and seventy-four. Approved March 31, 1875. 

Resolves to furnish certain documents and standard weights Q/ian. 17 

AND MEASURES TO THE TOWN OF SOUTH ABLNGTON. * 

Resolved, That the secretary of the Commonwealth be standard 
authorized and directed to furnish the town of South meagre* to be 
Abington a full set of the reports of the decisions of the g ™^Abington 
supreme judicial court, one copy of the General Statutes, 
and copies of all such books and documents in his office as 
may heretofore have been furnished by the Commomvealth 
to towns. And the secretary is hereby authorized to pur- 
chase such of the reports and statutes aforesaid as may be 
.necessary to carry this resolve into effect. 

Resolved, That the treasurer be authorized and directed 
to furnish said town with a complete set of standard 
w r eights, measures and balances, such as each town is by 
law required to keep for the use of its inhabitants. 

Approved March 31, 1875. 
Resolve granting certain pieces of ordnance to the city of Q]iar>. 18 

CAMBRIDGE. -* ' 

Resolved, That there be granted and transferred to the Grant of old 
city of Cambridge the three old iron British cannon and 5J to0Bt 
their carriages, now in the state arsenal yard in said city : 
provided, said city shall furnish a suitable platform for 
them on the Cambridge common, the first camp-ground of 
the Revolution, and keep said cannon thereon in good 
condition forever. Approved March 31, 1875. 

Resolve providing for the preparation of a new catalogue (JJiart. 19, 

OF THE STATE LIBRARY. 1 

Resolved, That a sum not exceeding six hundred dollars Catalogue for 
be allowed and paid out of the treasury to defray the statelibrary - 
expense of extra assistance in* preparing a new catalogue 
of the state library ; and a sum not exceeding three hun- 
dred dollars for shelves, repair of furniture and incidental 
expenses ; said sums to be expended under the direction 
of the trustees and the librarian. 

Approved March 31, 1875. 
Resolve concerning the establishment of piers instead of Q} iai j 9Q 

BUOYS IN THE BAYS OF CAPE COD, GURNET HEAD AND DUXBUKY ■*?' ■ 
AND KINGSTON BAYS. 

Resolved, That the harbor commissioners are directed Harbor commis. 

n •/> ,. . iiji t n sioners to report 

to collect information in regard to the expediency of concerning pkc 
recommending to the government of the United States to mfuthTof bar- 



872 



1875.— Chapters 21, 22, 23, 21. 



borsoncape substitute permanent piers instead of temporary buoys at 
the mouth of various harbors on Cape Cod, where the 
wide range of flats, dangerous to navigation, prevents the 
proper sighting of headlands in foggy or stormy weather, 
and also the propriety of establishing breakwater piers at 
the outlet of Cut River and the Gurnet Head, and permanent 
buoys on the northerly end of Brown's Island, so called 
at the entrance of Plymouth, Duxbury and Kingston bays, 
and to report to the next general court such information 
and their conclusions thereon in their annual report. 

Approved March 31, 1875. 

Chap. 21. Resolve in favor of the town of middleborough. 

MiddTrtorou g h Resolved, That there be allowed and paid out of the 

for armory rent, treasury of the Commonwealth, to the selectmen of the 
town of Middleborough, the sum of forty-six dollars, 
being the amount paid by said town for rent of armory, 
for the use of company L, third regiment of Massachu- 
setts infantry, for the year eighteen hundred and seventy- 
three. Approved March 31, 1875. 

Chan. 22. -Resolve in favor of the Massachusetts school for idiotic and 

FEEBLE-MINDED YOUTH. 

AMWonai Resolved, That there be allowed and paid to the Massa- 

$2,506. chusetts School for Idiotic and Feeble-minded Youth the 

sum of twenty-live hundred dollars, in addition to the 
sum now authorized, to meet the increased wants of the 
school, as set forth in the annual report of the trustees. 

Approved March 31, 1875. 

Chap. 23. Resolve in favor of the town of melrose. 

Allowance for Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth, to the town of Melrose, 
the sum of three hundred dollars, being the amount paid 
by said town for rent of armory for a portion of battery 
C, from July first, eighteen hundred and seventy-two, to 
January first, eighteen hundred and seventy-four. 

Approved March 31, 1875. 

Chap. 24. Resolve in favor of edward Archibald and percy Archibald. 

EdwIrfArrfii- Resolved, That there be allowed and paid from the 

baid and Percy state treasury, to Edward and Percy Archibald, or the 
guardians of the same, the sum of three hundred thirty- 
seven dollars and thirty-six cents ; this sum being the 
amount paid into the state treasury by Gordon ( M. Fisk, 
as public administrator for the estate of Thomas Archibald, 
October nineteenth, eighteen hundred and sixty-eight ; 



1875.— Chapters 25, 26, 27, 28. 873 

it appearing that the said Edward and Percy Archibald 
are the heirs of the said Thomas Archibald. 

Approved April 3, 1875. 

Resolve for the reimbursement of certaln taxes overpaid Chap. 25. 

BY INSURANCE AGENTS. 

Resolved, That there be allowed and paid out of the Reimbursement 
treasury to R. B. Robinson, four dollars and eighty-two paid to insur" 
cents; to H. M. Daggett, Jr., two dollars and fifteen anceage,lt8 ' 
cents; to George H. Newton, forty cents; to Hiram Van 
Campen, ten dollars and fifty-one cents ; to Edwards & 
Machell, forty-five cents; to John Edwards, five dollars 
and ninety- eight cents; to Royal E. Farwell, two dollars 
and sixty-seven cents; to George E. Underwood, eighty 
cents; to M. F. Plimpton & Co., four dollars and fifty- 
five cents; to Sumner A. Hay ward & Co., four dollars 
and twenty cents, in reimbursement of taxes overpaid to 
the treasurer. Approved April 3, 1875. 

Resolve providing for suitable furniture for the executive Q/ iarj 26 

CHAMBERS. p. • 

Resolved, That there be allowed and paid out of the Furniture for 
treasury of the Commonwealth, the sum of six hundred ^. utlve ° ham " 
and fifty dollars, the same to be expended by and under 
the direction of the committee on the state house, for the 
purpose of providing suitable furniture for the rooms in 
the state house, assigned to the chief executive. 

Approved April 5, 1875. 

Resolve in favor of the deerfield valley agricultural (Jhap. 27. 

SOCIETY. 

Resolved, That there be allowed and paid from the Allowance to 
treasury, to the Deerfield Valley Agricultural Society, the Agricultural e ' 
sum of two hundred and eighty-one dollars and nine Soclt;t y- 
cents, due on the bounty for the year eighteen hundred 
and seventy-three, under chapter sixty-six of the General 
Statutes. Approved April 7, 1875. 

Resolve in favor of maria gragg. Chan. 28. 

Resolved, That there be allowed and paid out of the Allowance to 
treasury, to Maria Gragg, the sum of two hundred and ManaGra s=- 
thirty-two dollars, as state aid, from May first, eighteen 
hundred and seventy, to March first, eighteen hundred 
and seventy-five. . Approved April 14, 1875. 

37 



874 18.75.— Chapters 29, 30, 31, 32, 33, 34. 

Chap. 29. Resolte in favor of the disabled soldiers' employment 

BUREAU. 

diei^Emp?oy- Resolved, That there be allowed and paid out of the 
ment Bureau, treasury, the sum of three thousand dollars to the Dis- 
abled Soldiers' EmploymentBureau. 

Approved April 14, 1875. 

Chap. 30. Resolve in favor of anna coleman. 

Allowance to Resolved, That there be allowed and paid out of the 

treasury, to Estes Howe, in trust for Anna Coleman, the 
sum of twenty hundred and sixty-nine dollars and ninety- 
one cents, the same being the balance of the estate of 
Sarah Craig, late of Boston, deceased, received into the 
treasury, September twenty-eighth, eighteen hundred and 
seventy-four, from Francis E. Parker, public administra- 
tor. Approved April 15, 1875. 

Chap. 31. Resolve in favor of jerrie c. vaughn. 

Allowance to Resolved, That there be allowed and paid out of the 

Vaughn.' treasury to Jerrie C. Vaughn, the sum of three hundred 

and twenty -five dollars, as state bounty, under chapter 

two hundred fifty-four of the acts of the year eighteen 

hundred and sixty-three. Approved April 15, 1875. 

Chan. 32. Resolve in favor of the town of beverly. 

Allowance to Resolved, That there be allowed and paid out of the 

town of Beverly. gtate treasury to t ^ e town f Beverly the sum of two hun- 
dred and sixty-two dollars and fifty cents, for rent of 
armory for year eighteen hundred and seventy-four. 

Approved April 15, 1875. 

Chap. 33. Resolve in favor of the hayden tobacco^ works. 

Allowance to Resolved, That there be allowed and paid out of the 

w a ork 8 ? ° ° treasury to the Hayden Tobacco Works the sum of seventy- 
two dollars and ninety cents, the same being the amount 
of tax paid to the state in the year eighteen hundred and 
seventy-four, by that corporation. Approved April 15, 1875. 

Chap. 34. Resolve in favor of george h. m* allister, guardian of charles 

J W. STEPHENSON. 

Allowance to Resolved, That there be allowed and paid out of the 

phenson. ' treasury to George H. McAllister, guardian of Charles W. 
Stephenson, the sum of three hundred and ninety-two 
dollars, for state aid from December thirty-first, eighteen 
hundred and sixty-six, to March first, eighteen hundred 
and seventy-five. Approved April 15, 1875. 



1875.— Chapters 35, 36, 37. 875 

Resolve in favor of the normal schools at framingham, Q/iap. 35. 

WESTFIELD, BRIDGE WATER AND SALEM. 

Resolved, That there be allowed and paid out of the Normal schools 

ii /• li • i -i -i - i i i at Framingham. 

treasury the following sums, expended and to be expended westfieid, 
under the direction of the board of education, to wit: — andlatemf*' 

For necessary apparatus and pipes, and laying the same 
for furnishing the boarding-house and school-building at 
the Framingham normal school with water, a sum not ex- 
ceeding three thousand live hundred dollars. 

For steam-heating and ventilating apparatus in the school- 
building at the Westfieid normal school, purchased in the 
year eighteen hundred and seventy-four, the sum of live 
thousand six hundred dollars. 

For fitting and furnishing a chemical laboratory in the 
building of the Bridgewater normal school, and for chem- 
icals and apparatus, a sum not exceeding one thousand 
dollars ; also for globe, mounted skeletons, and for models 
of architecture, — for illustrations in geography, physiology 
and drawing, — a sum not exceeding three hundred and 
fifty dollars. 

For repairs upon the school-building of the normal 
school at Salem, a sum not exceeding five hundred dollars. 

Approved April 15, 1875. 

Resolve relative to the fisheries on the north river and its (J/ ia n. 36. 

TRIBUTARIES. 

Resolved, That the commissioners of inland fisheries are Fisheries on 
hereby required to make a full investigation into the con- piymomhCo!" 
dition of the fisheries on North River in Plymouth County, 
and its tributaries, and to recommend what legislation, 
if any, is necessary concerning the same, to the next 
general court. Approved April 15, 1875. 

Resolve to provide compensation for obtaining the census Chap, 37. 
and industrial statistics of the commonwealth for the 
tear eighteen hundred and seventy-five. 

Resolved, That there be allowed and paid out of the census and in. 
treasury of the Commonwealth to each assessor, or other tics. na 
person as hereinafter provided, employed by the bureau of 
statistics of labor in the several cities and towns, in taking 
the decennial census and the industrial statistics of. the Com- 
monwealth, under the authority of chapter three hundred 
and eighty-six of the acts of the year eighteen hundred 
and seventy-four, the sum of three dollars for each day of 
ten hours actually employed in said service. 



876 1875.— Chapters 38, 39, 40. 

In case the bureau of statistics of labor deem it expe- 
dient to appoint, in any city or town, some other person 
than an assessor, it may do so : provided, that such other 
person is an inhabitant of the city or town in which he is 
to perform the duty, and that his appointment is approved 
by the mayor and aldermen of the city or the selectmen of 
the town. 

The number of persons to be appointed in each city and 
town, and to be paid from the state treasury at the rate 
aforesaid, shall- not exceed one for every fifteen hundred 
polls therein, according to the enumeration made for city 
and town purposes in the year eighteen hundred and 
seventy-four, printed in public document number nineteen, 
and shall be as many less as may, in the opinion of the 
bureau of statistics of labor, be adequate for the duty : 
provided, that at least one person shall be so appointed 
and compensated in each city and town ; and the account 
of each assessor or person so employed shall be verified 
by his affidavit, and if approved by the chief of said 
bureau, when audited and allowed by the auditor, shall be 
paid from the appropriation made for that purpose, in an 
act of the present year, entitled "An Act making appro- 
priations to meet certain expenditures authorized the pres- 
ent year, and for other purposes." 

Approved April 16, 1875. 
Chap). 38. Resolve in favor of clara e. attleton. 

Allowance to Resolved, That Clara E. Attleton, daughter of Joseph 

ton. C. Attleton, a deceased soldier, shall be entitled to state 

aid at the rate of four dollars a month from and after May 
fifth, eighteen hundred and seventy-four. 

Approved April 17, 1875. 

Chan. 39. Resolve in relation to the obstruction of peabody square by 

THE TRACKS OF THE EASTERN RAILROAD COMPANY. 

obstruction of Resolved, That the petition of W. O. Batchelder and 

Peabody Square . . . l , _^ _ ... 

by Eastern others, tor legislation to prohibit the Eastern Railroad 
Company from obstructing the public square in Peabody, 
be referred to the board of railroad commissioners with 
instructions to report to the next general court what, if 
any, legislative action is necessary in the premises. 

Approved April 20, 1875. 

Chap. 40. Resolve in favor of geokge h. hall. 

Allowance to Resolved, That George H. Hall be entitled to the same 

reorgu i . a . s ^.^ e a jj ^sX he would be entitled to were he in receipt of 
a pension from the United States. Approved April 24, 1875. 



1875.— Chapters 41, 42, 43, 44, 45, 46. 877 

Resolve in favor of richard f. Andrews. Chap. 41. 

Resolved, That on and after the first day of January, Allowance to 
eighteen hundred and seventy -five, Richard F. Andrews Andrews." 
be entitled to receive the same amount of state aid, he 
would have been entitled to receive, had his disability 
been contracted during his original term of service. 

Approved April 24, 1875. 

Resolve in favor of laura j. brown. Chap. 42. 

Resolved, That on and after the first day of January, state aid ai. 

.. -ij l-ii i n t t lowed to Laura 

in the year eighteen hundred and seventy-nve, Juaura J. j. Brown. 
Brown, widow of William E. Brown, be entitled to 
receive state aid at the rate of four dollars a month. 

Approved April 24, 1875. 

Resolve in favor of isabell Campbell. Chap. 43. 

Resolved, That there be allowed to Isabell Campbell £2£nowS. 
state aid from and after January first, in the year eigh- beii. 
teen hundred and seventy-five, the same as she would 
have received had she been a resident of Massachusetts, 
April twenty-third, eighteen hundred and sixty-six. 

Approved April 24, 1875. 

Resolve in favor of company f, second regiment infantry, Chap. 44. 

MASSACHUSETTS VOLUNTEER MILITIA. 

Resolved, That there be allowed and paid out of the Allowance to 
treasury, to the members of company F, second regiment inf., m. v. m." 
infantry, Massachusetts volunteer militia, who performed 
duty at the Mill River disaster, the same compensation as 
allowed by law for the performance of duty under the 
orders of the commander-in-chief. 

Approved April 24, 1875. 

Resolve in favor of albert franklin howland. Chap. 45. 

Resolved, That there be allowed and paid out of the Allowance to 
treasury to Albert Franklin Howland the sum of ninety Howland. 
dollars, as state aid from January first, eighteen hundred 
and seventy-four, to April first, eighteen hundred and 
seventy-five ; and that from and after said April first said 
Howland be entitled to receive state aid at the rate of six 
dollars per month. Approved April 24, 1875. 

Resolve in favor of rose carpenter. Chap. 46. 

Resolved, That there be allowed and paid out of the state aid ai- 
treasury of the Commonwealth to Rose Carpenter, the carpenter. 
sum of two hundred dollars for state aid. 

Approved May 1, 1875. 



878 1875.— Chapters 47, 48, 49, 50, 51, 52. 

Chap. 47. Resolve in favor of louts a. de ribas. 

state aid ai- Resolved, That on and after the first day of January in 

a. De Ribas. the year eighteen hundred and sixty-seven, Louis A. De 

Ribas be entitled to receive the same amount of state aid 

that he would have been entitled to receive had he been 

born before the death of his father, Louis A. De Ribas. 

Approved May 1, 1875. 

Chap. 48. Resolve in favor of ellen woods. 

state aid ai. Resolved, That there be* allowed and paid out of the 

lowed to Ellen ' I 

woods. treasury to Ellen Woods, the sum of three hundred and 

twelve dollars for state aid, it being an amount of state 
aid she would have received had her husband not been 
reported as a deserter. Approved May 1, 1875. 

Chap. 49. . Resolve in favor of owen m c donald. 

Allowance to Resolved, That from the first day of January, eighteen 

aid. hundred and seventy-five, there be paid from the treasury 

to Owen McDonald an annuity of one hundred dollars for 
the period of ten years should he so long survive, in con- 
sideration of injuries received at the Hoosac Tunnel while 
in the employ of the state. Approved May 1, 1875. 

Chap. 50. Resolve relating to the improvement of the fishway in 

THE MERRIMACK RIVER AT LAWRENCE. 

Fishway in Mer- Resolved, That a sum not exceeding two thousand 
dollars be allowed and paid out of the treasury of the 
Commonwealth, which the commissioners on inland fish- 
eries are hereby authorized to expend at their discretion, 
in improving and extending the fishway in the Merrimack 
River, at Lawrence. Approved May 1, 1875. 

Chap. 51. Resolve in favor of company g, second regiment lnfantry, 

MASSACHUSETTS VOLUNTEER MILITIA. 

co!°G, a 2d R°gt. Resolved, That there be allowed and paid out of the 
inf., m. v. m. treasury to the members of company G, second regiment 
infantry, Massachusetts volunteer militia, who performed 
duty at the Mill River disaster, the same compensation as 
allowed by law for the performance of duty under the 
orders of the commander-in-chief. 

Approved May 1, 1875. 

Chap. 52. Resolve in favor of the city of fitchburg. 

Allowance to Resolved, That there be allowed and paid out of the 

Fitchburg for ' /• • 1 1 

armory rent. treasury to the city of i ltchburg, the sum ot eight hun- 
dred dollars, in reimbursement for rent paid by said city 
for armories for companies B and D of the tenth regiment 



1875.— Chapters 53, 54. 879 

of infantry, Massachusetts volunteer militia, for the year 
ending December thirty-first, eighteen hundred and 
seventy-four. Approved May 3, 1875. 

Resolve in favor of tue state almshouse, at tewksbury. Chap. 53. 
Resolved, That there be allowed and paid out of the state almshouse 
treasury the sum of two thousand and five hundred dol- atlew 
lars, for the alteration of the present asylum for the insane 
into rooms. Also, that there be allowed and paid out of the 
treasury the sum of twenty-six hundred dollars for the 
erection of a building to be occupied by the men as a keep- 
ing-room. Also, that there be allowed and paid out of 
the treasury the sum of twenty-seven hundred dollars, for 
increasing and improving the cooking apparatus. These 
several amounts are to be expended under the direction of 
the inspectors of the institution. Approved May 7 ', 1875. 

Resolve granting county taxes. Chap. 54. 

Resolved, That the sums placed against the names of county taxes 
the several counties in the following schedule, are granted 
as a tax for each county, respectively, to be collected and 
applied according to law : — 

Middlesex. — One hundred and eighty thousand dollars : 
provided, that not less than five per centum of this sum so 
raised by taxation shall be applied to cancel the existing 
county debt. 

Worcester. — One hundred and fifty thousand dollars : 
provided, that not less than forty-eight thousand dollars of 
the sum so raised by taxation shall be applied to cancel 
the existing county debt. 

Essex.— One hundred and forty thousand dollars. 

Bristol. — One hundred and five thousand dollars. 

Hampden. — Eighty thousand dollars. 

Berkshire. — Seventy-five thousand dollars. 

Norfolk. — Sixty-seven thousand five hundred dollars. 

Plymouth. — Forty-five thousand dollars. 

Hampshire. — Thirty-eight thousand dollars : provided, 
that the proportion of said tax to be paid by the town of 
Williamsburg shall be at the rate of eighty-three cents on 
one thousand dollars, including polls at half a mill each, 
in lieu of one dollar eleven cents as prescribed by chapter 
two hundred and fifty-nine of the acts of eighteen hun- 
dred and seventy-two. 

Franklin. — Thirty-five thousand dollars. 

Barnstable. — Fifteen thousand dollars. 



880 



1875.— Chapters 55, 56, 57, 58. 



Dukes. — Six thousand five hundred dollars, and three 
thousand dollars of this grant shall be applied to cancel 
the county debt. Approved May 8, 1875. 



Chap, 55. Resolve ■ to authorize the purchase and distribution of 
ckocker's notes on the general statutes of Massachu- 
setts. 



Crocker's Notes 
on General 
Statutes to be 
distributed to 

cities and towns. 



Resolved, Th;it the secretary of the Commonwealth is 
authorized and directed to purchase a number, not exceed- 
ing jthree hundred and fifty copies, of the second edition 
of Crocker's Notes on the General Statutes of Massachu- 
setts : provided, that the cost of the same shall not exceed 
five dollars per volume ; and to distribute the same, one 
copy to each city and town. Approved May 8, 1875. 



public schools. 



Chap. 56. Resolve providing for printing the report of the board of 
education and the laws relating to public schools, and for 
other purposes. 

Report of board Resolved, That there be allowed and paid out of the 

of education and ' r 

laws relating to treasury the following sums, to be expended under the 
direction of the board of education, to wit : — 

For printing the thirty-eighth annual report of said 
board, with the accompanying documents, and for printing a 
revised edition of the laws relating to public schools, a 
sum not exceeding ten thousand dollars. 

For expenses incurred by said board in preparing the 
report on the scientific survey of the Commonwealth, in 
accordance with an order of the legislature of eighteen 
hundred and seventy-four, the sum of fifty-five dollars and 
seventy-five cents. Approved May 8, 1875. 



Chap. 57. 

Allowance to 
Philip Mackey. 



Resolve in favor of philip mackey. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth to Philip Mackey, the sum 
of two hundred dollars for injuries received in the Hoosac 
Tunnel, while in the employment of the Commonwealth. 

Approved May 12, 1875. 



Chap. 58. 

Allowance to 
Priscilla Free- 
man. 



Resolve in favor of priscilla freeman. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth to Priscilla Freeman the 
sum of two hundred dollars, which sum shall be in full of 
all claims of said Priscilla Freeman against the Common- 
wealth of every kind whatsoever. Approved May 12, 1875. 



1875.— Chapters 59, 60, 61, 62. 881 

Resolve concerning the celebration of the seventeenth of Chap. 59. 

JUNE, EIGHTEEN HUNDRED AND SEVENTY-FIVE. 

Resolved, That a sum not exceeding ten thousand dol- KraoftSe*" 
lars, be allowed and paid to 'defray the necessary expenses j e ™ e " teeuth of 
attending the reception and entertainment of the president 
and vice-president of the United States, and other distin- 
guished guests of the Commonwealth, on the occasion of 
the celebration on the seventeenth of June next, the cen- 
tennial of the battle of Bunker Hill ; which sum, with the 
addition of a sum not exceeding six thousand dollars for 
the transportation of troops, is hereby appropriated : pro- 
vided, that no part of said sum of ten thousand dollars 
shall be paid from the treasury without the approval in 
writing and signatures of a majority of the members of 
the joint special committee of the legislature appointed to 
make arrangements for said celebration. 

Approved May 12, 1875. 

Resolve authorizing the treasurer to borrow money in Chap. 60. 

ANTICIPATION OF THE REVENUE. 



Resolved, That the treasurer and receiver-general be, ^^g* r 



zed to 



and he hereby is, authorized to borrow, in anticipation of borrow money 

. J ' ' . r in anticipation 

the receipts ot the present year, such sums ot money as of revenue. 
may from time to time be necessary for the payment of the 
ordinary demands on the treasury, at any time before the 
expiration of fifteen days after the meeting of the next 
general court, at such rates of interest as shall be found 
necessary ; and that he repay any sum he may borrow 
under this resolve, as soon as money sufficient for the pur- 
pose, and not otherwise appropriated, shall be received 
into the treasury. Approved May 12, 1875. 

Resolve in favor of the town of Williamsburg. Chap. 61. 

Resolved, That there be allowed and paid to the town Allowance to 
of Williamsburg the sum of live hundred and sixty dollars. 

Approved May 12, 1875. 

Resolve concerning the annual election sermon. Chap. 62. 

Resolved, That the annual election sermon shall hereafter Election eermon 

, i -. . i ? f • i • • j.l -j. to be preached 

be preached in some house ot religious worship in the city in a church in 
of Boston, to be designated each year by the governor, Bo8ton - 
under whose general direction proper arrangements for 
the service shall be made, including the appointment of a 
time when it shall take place ; and that chapter seventy- 
three of the resolves of the year eighteen hundred and 
seventy-two is hereby repealed. Approved May 12, 1875. 

38 



882 1875.— Chapters 63, 64, 65, 66, 67. 

Chap. 63. Resolve in relation to changing the site selected for a 

NEW STATE PRISON. 

fteteprfsonmay Resolved, That the commissioners who by chapter one 
be changed. hundred and fifty-five of the acts of the year eighteen huur 
dred and seventy-three were authorized to select a site for 
and to construct a new state prison, are hereby authorized, 
with the approval of the governor and council, to change 
the site so selected, provided they shall deem it expedient. 

Approved May 19, 1875. 

Chap. 64. Resolve in favor of the state board of health. 

Allowance to Resolved, That the state board of health be authorized 

health for to expend the sum of five hundred dollars in the purchase 
of books, journals and maps, relative to sanitary matters, 
to be kept for their use in the office assigned to them by 
the legislature, and the above-named sum is hereby appro- 
priated. Approved May 19, 1875. 

Chap. 65. Resolve providing accommodations for the state board of 
health, and for the expense of furnishing the same. 

heauh b t°(fhave f Resolved, That the sergeant-at-arms be instructed to 
houTe* in state f urn i sa ail d provide suitable accommodations, in the state 
house, for the state board of health ; and that there be 
allowed and paid out of the treasury, the sum of one hun- 
dred and fifty dollars, to be expended by the sergeant-at- 
arms in furnishing the same. Approved May 19, 1875. 

Chap. 66. Resolve authorizing the issue of arms to harvard college. 
Arms may be Resolved, That the governor be and he is hereby 

vard CoUoge. r " authorized to issue to the president and fellows of Harvard 
College, such arms and accoutrements for the use of the 
college, as in his judgment may be so distributed without 
detriment to the militia service, and without expense to the 
state : provided, that the corporation shall be held respon- 
sible for the return of said arms and accoutrements, in good 
order and condition, whenever the governor shall so direct. 

Approved May 19, 1875. 

Chap. 67. Resolve directing the board of railroad commissioners to 

REPORT TO THE NEXT LEGISLATURE UPON THE EXPEDIENCY OF 
PRESCRIBING SUCH RULES AS WILL PROVIDE FOR UNIFORMITY IN 
KEEPING THE ACCOUNTS OF RAILROAD CORPORATIONS. 

Accounts of Resolved, That the board of railroad commissioners be 

rations. directed to inquire into the expediency of such legislation 

as will prescribe rules, under which the accounts of all 

railroad corporations shall be kept ; all sums received by 

them uniformly credited ; and all sums expended by them, 



1875.— Chapters 68, 69, 70, 71. 883 

whether on account of operating expenses or permanent 
investments, be uniformly charged ; and to report upon the 
same to the next general court. Approved May 19, 1875. 

Resolve in relation to the returns from savings banks. Chap. 68. 
Resolved, That every savings bank and institution for Returns from 
savings in this Commonwealth, state in its returns to .the saving8 bank8 " 
commissioner for the present year the number of its out- 
standing loans which are of an amount not exceeding three 
thousand dollars, and the aggregate amount of the same. 

Approved May 19, 1875. 

Resolve providing for enlarged accommodations and class- (JJi a r, Qg^ 

IFICATION OF THE INMATES OF THE STATE REFORM SCHOOL AT * 

WESTBOROUGH 

Resolved, That there be allowed and paid out of the state reform 
, . t . , ,i iinr school at West- 

treasury a sum not exceeding ninety thousand dollars tor borough. 

the enlargement of the state reform school at Westborough, 

for the purpose of a better classification of the inmates, 

and instructing them in trades. This sum, or such part of 

it as may be needed, to be expended under the direction 

of the trustees of said school, with the approval of the 

governor and council. Approved May 19, 1875. 

Resolve to provide for certain expenses in connection avith (JJiap. 70. 

THE CENTENNIAL CELEBRATION OF THE SEVENTEENTH OF JUNE. 

Resolved, That the sum of five thousand dollars be centennial ceie- 
allowed and paid, and is hereby appropriated for the se^cXemh of 
purposes hereinafter named, to wit : ,Tune - 

For compensation for the volunteer militia, three thou- 
sand dollars. 

For transportation of the volunteer militia, two thou- 
sand dollars. 

Said sums to be in addition to any appropriations here- 
tofore made during the present year for similar purposes. 

Expenditures under this resolve shall be paid upon rolls 
as provided in chapter three hundred and twenty of the 
acts of the year eighteen hundred and seventy-four. 

Approved May 19, 1875. 

Resolve in relation to the representation of Massachusetts Qhap. 77 # 

AT THE CENTENNIAL EXHIBITION AT PHILADELPHIA. "* * 

Resolved, That the governor and council are hereby centennial ex. 
authorized to take such steps and do all such things as to ^phf* 
them shall seem proper for securing at the exhibition at 
Philadelphia a due representation of the different arts, 
industries and institutions of the Commonwealth, and to 



ilna. 



884 



1875.— Chapters 72, 73. 



expend at their discretion for such purpose such sums 
as may be required, not exceeding in the aggregate fifty 
thousand dollars, which is hereby appropriated ; and such 
sum or sums shall be allowed and paid out of the treasury, 
on warrant drawn by the governor, at such time or times 
as shall to him seem expedient, not exceeding the amount 
appropriated. t Approved May 19, 1875. 



Chap. 72. Resolve providing for the payment for certain repairs here- 
tofore MADE ON THE STATE HOUSE. 



Repairs on the 
state house. 



Resolved, That there be appropriated and paid out of 
the treasury for certain repairs on the state house, in addi- 
tion to the unexpended balance of one hundred and twenty 
dollars, the sum of five thousand eight hundred and thirty- 
three dollars and eighty-six cents, as follows : — 

George E. Lemoyne, thirty-three dollars. 

Edward Rolfe, four dollars twenty-two cents. 

Cook & Rymes, three hundred and nine dollars eighty- 
one cents. 

Morss & Whyte, one hundred and forty-two dollars 
twenty-three, cents. 

Edward F. Meany, seven hundred and eighty-eight dol- 
lars thirteen cents. 

Cyrus T. Clark, two hundred and nine dollars ninety- 
four cents. 

C. S. Parker & Sons, eight hundred and ninety-six dol- 
lars sixty-three cents. 

Hicks & Badger, two hundred and ninety dollars thirty- 
five cents. 

J. W. Bartlett, two hundred and thirty-two dollars and 
thirty-seven cents. 

Richard Powers & Sons, three hundred and thirty-five 
dollars and two cents. 

James Barrett, two thousand seven hundred and twenty- 
two dollars sixty-one cents. Approved May 19, 1875. 



Resolve in favor of walter and francis shanly. 
Resolved, That there be allowed and paid out of the treas- 



Chap. 7c 

Allowance to 

Francis shaniy. ury to Walter and Francis Shanly, the sum of one hun- 
dred and thirty-one thousand dollars in full settlement of 
all claims on account of the construction of the Hoosac 



Tunnel. 



Approved May 19, 1875. 



1875.— Chapters 74, 75, 76, 77. 885 

Resolve providing for certain repairs and improvements upon (Jkap, 74. 

THE STATE HOUSE. "* * 

Resolved, That there be allowed aud paid out of the Repairs upon 
treasury a sura not exceeding fifteen hundred dollars, for 
repairs and improvements on the state house, to be ex- 
pended by the sergeant-at-arms, under the direction and 
with the approval of the commissioners on the state house, 
and the same is hereby appropriated. 

Approved May 19, 1875. 

Resolve to provide for fencing the state camp ground at Q/iap. 75. 

SOUTH FRAMINGHAM. * " 

Resolved, That a sum not exceeding four thousand five state camp. 
hundred dollars be allowed and paid, and the same is fugham. 8 
hereby appropriated to be expended under the direction of 
the quartermaster-general, with the approval of the gov- 
ernor and council, for fencing the state camp ground at 
South Framingham. The fencing to be erected by contract, 
and provided that no part of this sum be expended to 
widen the streets of Framingham. Approved May 19,1875. 

Resolve in relation to the Massachusetts school fund. Chap. 76. 

Resolved, That the commissioners of the Massachusetts Massachusetts 
school fund be, and they hereby are, authorized and " L 
directed to cancel to the board of education its obligations 
now held by said fund, for fifty-three thousand dollars, 
given pursuant to sundry resolves heretofore passed, for 
the erection of boarding-houses connected with the normal 
schools at Bridgewater and Framingham ; and that the 
board of education be, and they hereby are, requested to 
include in their next annual report, a full statement of the 
facts with regard to said obligations, and of their opinions 
and recommendations of the policy which in their judg- 
ment should be adopted with regard to the increase or 
limitation of the school fund, aud the best manner of 
meeting expenditures for educational purposes, and the 
reasons in favor of such policy. Approved May 19, 1875. 

Resolve relative to the centennial celebration of the (J]iar>. 77. 

SEVENTEENTH OF JUNE OF THE PRESENT YEAR. ^ " 

Resolved, That the sum of two thousand dollars in addi- Centennial ceie- 
tion to the amount heretofore appropriated, be allowed seventeenth of 
and paid out of the treasury under direction of the com- June " 
mittee on the celebration of the seventeenth of June of 
the present year, for the purposes set forth in the several 
orders defining the duties of that committee, and the same 
is hereby appropriated. Approved May 19, 1875. 



886 1875.— Chapter 78. 

Chap. 78. Resolve concerning parades in public with arms. 

Parades in put- Resolved, That students in educational institutions fur- 
ms ' nished with arms by this Commonwealth be permitted to 
drill and parade with arms in public, under the superin- 
tendence of their teachers, unless prohibited by the order 
of the governor, for any length of time. 

Approved May 19, 1875. 



The General Court of 1875, during its annual session, passed two 
hundred and forty-three Acts and seventy-eight Resolves, all of 
which received the approval of the Governor. 

The Acts may be classified as follows : General Statutes, or Acts 
of a public character, one hundred and eighty-six. Special Acts, 
relating to private property, persons and corporate bodies, fifty- 
seven. 

The General Court was prorogued on Wednesday, May 19, the 
session having occupied one hundred and thirty-four days. 



Proposed Amendments to Constitution. 887 



PROPOSED AMENDMENTS TO THE CONSTITUTION. 



The following proposed Articles of Amendment to the Constitution 
of this Commonwealth, having been officially certified and deposited 
in this department, under requirement of chapter 156, Acts of 1865, if 
agreed to by the General Court, next to be chosen in the manner 
provided by the Constitution, may be submitted to the people for 
their ratification, in order that it may become a part of the Constitu- 
tion of this Commonwealth : — 

Resolve providing for an amendment to the constitution 
IN relation to sheriffs. 

Resolved, By both houses (the same being agreed to by 
a majority of the senators and two-thirds of the members 
of the house of representatives present and voting 
thereon) that it is expedient to alter the constitution of 
this Commonwealth by adopting the subjoined article of 
amendment: and that the same, as thus agreed to, be 
entered on the journals of both houses with the yeas and 
nays taken thereon and referred to the general court next 
to be chosen, and that the same be published to the end 
that, if agreed to by the general court next to be chosen 
in the manner provided by the constitution, it may be 
submitted to the people for their approval and ratification, 
in order that it may become a part of the constitution of 
this Commonwealth. 

Article of Amendment. 

So much of the nineteenth article of the amendments 
of the constitution as relates to the election of sheriffs is 
hereby annulled : and sheriffs shall be nominated and 
appointed by the governor by and with the advice and 
consent of the council. 

Senate, February 18, 1875. The foregoing article of 
amendment is agreed to by the Senate, a majority of the 
members present and voting thereon, having voted in the 



888 Proposed Amendments to Constitution. 

affirmative ; and the same is referred to the General Court 
next to be chosen. 

Sent down for concurrence. 

Geo. B. Loring, President. 

House of Representatives, February 27, 1875. The 
foregoing article of amendment is agreed to by the House, 
two-thirds of the members present voting in the affirma- 
tive ; and the same is referred, in concurrence, to the 
General Court next to be chosen. 

John E. Sanford, Speaker. 

Resolve providing for an amendment of the constitution 
in relation to commissioners of insolvency. 

Resolved, By both houses (the same being agreed to 
by a majority of the senators and two-thirds of the mem- 
bers of the house of representatives present and voting 
thereon) that it is expedient to alter the constitution of 
this Commonwealth by adopting the subjoined article of 
amendment ; and that the same, as thus agreed to, be 
entered on the journals of both houses with the yeas and 
nays taken thereon and referred to the general court next 
to be chosen, and that the same be published, to the end 
that, if agreed to by the general court next to be chosen 
in the manner provided by the constitution, it may be 
submitted to the people for their approval and ratification, 
in order that it may become a part of the constitution of 
this Commonwealth. 

Article of Amendment. 

So much of the nineteenth article of the amendments 
of the constitution of this Commonwealth as relates to 
the election of commissioners of insolvency is hereby 
annulled. 

Senate, February 18, 1875. The foregoing article of 
amendment is agreed to by the Senate, a majority of the 
members present and voting thereon having voted in the 
affirmative ; and the same is referred to the General Court 
next to be chosen. 

Sent down for concurrence. 

Geo. B. Loring, President. 

* 
House of Representatives, February 27, 1875. The 

foregoing article of amendment is agreed to by the House, 



Proposed Amendments to Constitution. 889 

two-thirds of the members present, voting in the affirma- 
tive, and the same is referred, in concurrence, to the Gen- 
eral Court next to be chosen. 

John E. Sanford, Speaker. 

Resolve providing for an amendment of the constitution 
in relation to district attorneys. 

Resolved, By both houses (the same being agreed to 
by a majority of the senators and two-thirds of the 
members of the house of representatives present and 
voting thereon) that it is expedient to alter the consti- 
tution of this Commonwealth by adopting the subjoined 
article of amendment, and that the same as thus agreed 
to be entered on the journals of both houses, with the 
yeas and nays taken thereon and referred to the gen- 
eral court next to be chosen, and that the same be pub- 
lished to the end that, if agreed to by the general court 
next to be chosen in the manner provided by the constitu- 
tion, it may be submitted to the people for their approval 
and ratification, in order that it may become a part of the 
constitution of this Commonwealth. 

Article of Amendment. 
So much of the nineteenth article of the amendments 
of the constitution of this Commonwealth as relates to the 
election of district-attorneys is hereby annulled : and 
district-attorneys shall be nominated and appointed by the 
governor, by and with the advice and consent of the 
council. 

Senate, February 18, 1875. The foregoing article of 
amendment is agreed to by the Senate, a majority of the 
members present having voted in the affirmative ; and the 
same is referred to the general court next to be chosen. 

Sent down for concurrence. 

Geo. B. Loring, President. 

House of Representatives, February 27, 1875. The 
foregoing article of amendment is agreed to by the House, 
two-thirds of the members present voting in the affirma- 
tive, and the same is referred, in concurrence, to the 
general court next to be chosen. 

John E. Sanford, Speaker. 

39 



890 Proposed Amendments to Constitution. 

Resolve providing for an amendment of the constitution in 
relation to clerks of courts. 

Resolved, By both houses (the same being agreed to 
by a majority of the senators 'and two-thirds of the mem- 
bers of the house of representatives present and voting 
thereon) that it is expedient to alter the constitution of 
this Commonwealth by adopting the subjoined article of 
amendment, and that the same, as thus agreed to, be 
entered on the journals of both houses, with the yeas and 
nays taken thereon, and referred to the general court next 
to be chosen ; and that the same be published, to the end 
that if agreed to by the general court next to be chosen 
in the manner provided by the constitution, it may be 
submitted to the people for their approval and ratification, 
in order that it may become a part of the constitution of 
this Commonwealth. 

Article of Amendment. 

So much of the nineteenth article of the amendments of 
the constitution of this Commonwealth as relates to the 
election of clerks of courts is hereby annulled and clerks 
of courts shall be nominated and appointed by the gov- 
ernor, by and with the advice and consent of the council. 

Senate, April 20, 1875. The foregoing article of 
amendment is agreed to by the Senate, a majority of the 
members present and voting thereon, having voted in the 
affirmative, and the same is referred to the general court 
next to be chosen. 

Sent down for concurrence. 

Geo. B. Loring, President. 

House of Eepresentatives, April 24, 1875. Re- 
ferred in concurrence to the general court next to be 
chosen, two-thirds of the House of Representatives, 
present and voting, having voted in the affirmative. 

John E. Sanford, Speaker. 



Governor's Address. 891 



INAUGUKAL ADDKESS 



OF 



HIS EXCELLENCY WILLIAM GASTON, 



At one and a half o'clock on Thursday, the seventh clay 
of January, His Excellency the Governor, accompanied by 
His Honor the Lieutenant-Governor, the members of the 
Executive Council, and officers of the civil aud military 
departments of the government, attended by a joint com- 
mittee of the two Houses, met the Senate and House of 
Representatives, in Convention, and delivered the following 

ADDRESS. 

Gentlemen of the Senate and of 

the House of Representatives : 

You enter upon your duties at a time when there can be 
no doubt that the people are more anxious for honest and 
intelligent legislation, and for a prompt and faithful execu- 
tion of the laws, than for political victory or party 
supremacy, — at a time when all political parties in the 
State are in substantial accord upon many of the great 
national questions which have been subjects of discussion 
in the past. 

The war has ended, bringing, at its termination, results 
as great as they are beneficent. These results are, as I 
believe, gladly accepted by the people, without reference to 
party distinctions. The government is certainly not now 
committed or bound by any compact, convention or com- 
promise to surround any form of oppression with its sup- 
porting influence and power, or to protect any opinion or 



892 Governor's Address. 

institution which offends the public conscience. There is 
certainly now no pretence for opposing or resisting that 
principle which demands that law shall recognize the doc- 
trine so essential to the existence of a full and complete 
personal liberty ; namely, that the rights of all, as well as 
the duties of all, are equal, without reference to race, color 
or previous condition of servitude. These and the other 
results of that protracted and costly conflict of arms are 
secured so far as legislation can secure them, for they are 
guarded and protected by the fundamental law of the land. 
These matters are, therefore, settled, and well settled, and 
I believe that there is no desire on the part of any of the 
people of this Commonwealth to open or disturb them. 
The results of the labors and the sacrifices of the past 
being thus secured, we may well direct our attention and 
our energies to the interests of the present and of the 
future, and seek by prudent measures to give vigor to the 
industries, trade and commerce of the people. We need 
a currency which shall rest upon the only basis which can 
secure stability and safety, and which shall neither have the 
name nor the character of inflation. We should insist 
upon ability and absolute purity in the public service ; 
oppose, by all legal and appropriate methods, the encroach- 
ments of Federal power and the tendencies towards cen- 
tralization, and resist all the claims and exactions of an 
unprincipled partisanship. 

I believe that it is the general sentiment of the people 
of the State that all attempts to resist or oppose the 
authority of the government, or deprive of their rights 
those who have recently passed from servitude into citizen- 
ship, shall be suppressed by law, aided, if need be, by 
arms ; but I believe that the opinion is equally strong that 
there should be no use of Federal power for the purpose 
of controlling elections, or for imposing upon a State which 
recognizes its relations and obligations to the Union a 
government which is not of its own choice. 

The relations of two sections of the country have been 
those of conflict, — a conflict of arms, out of which asper- 
ities in feeling naturally grow. But we have now had 
nearly ten years of peace, and it is time that the spirit of 
peace should prevail. The cherishing of old resentments 
from generation to generation is characteristic of a barbar- 
ous age, and is unworthy of a Christian people. I know 
of no excuse for continued sectional animosity and hatred. 



Governor's Address. 893 

There is now no line, on the one side of which is freedom, 
and on the other side slavery. Events have obliterated 
that line from the map of the country ; and there is now 
no reason why opinions should be dependent on degrees of 
latitude and longitude, or be bounded by territorial lines. 
In the Farewell Address of Washington, we find these 
words of warning : — 

" In contemplating the causes which may disturb our Union, 
it occurs as a matter of serious concern that any gro t und shall 
have been furnished for characterizing parties by geographical 
discriminations — Northern and Southern, Atlantic and Western ; 
whence designing men may endeavor to excite a belief that there 
is a real difference of local interests and views. One of the ex- 
pedients of party, to acquire influence within particular districts 
is to misrepresent the opinions and aims of other districts. You 
cannot shield yourselves too much against the jealousies and 
heart-burnings which spring from these misrepresentations." 

Any attempt to engender strife between different sections 
of a great nation, all of whose moral and material inter- 
ests are to be found in harmony and peace, is an offence 
against the spirit of a Christian civilization. True patriot- 
ism will find its best service in uniting all sections with 
the bonds of a common interest and of a common pride in 
the prosperity and glory of the country. 

A return to good feeling and to amicable relations will 
aid largely in restoring prosperity to portions of the country 
which present scenes almost of desolation and ruin, and 
will assist in lifting our own business interests above the 
depressing influences which now affect them. 

The presence of an armed force of the United States in 
the legislative halls of a State, for the purpose of settling 
an election contest between political parties, is a matter 
of grave concern to the people of all the States, — more 
especially in a case where the possible effect of such pres- 
ence may be to subvert the popular will, and impose upon 
a people rulers whom they have not selected. I invite the 
immediate attention of the Legislature to this subject. 

The important interests of the State, so far as they can 
be affected by legislation, are committed to your care for 
the current year ; and I desire to invite your attention to 
the consideration of some of the questions of State policy, 
which will demand your attention during your term of 
service. 



894 Governor's Address. 



STATE FINANCES. 

The debt of the State amounts to nearly twenty-nine 
and one-half millions of dollars. More than half of this 
debt has been contracted for the purpose of assisting rail- 
road enterprises. 

The sinking funds created for its redemption amount to 
nearly eleven millions of dollars ; so that the net debt 
is less than nineteen millions of dollars. 

From this general statement it appears that the financial 
condition of the Commonwealth is one which justifies the 
high credit which it maintains at home and abroad. 

Within the last fourteen years, large public debts have 
necessarily been created. These debts are in the form of 
national, state and municipal obligations. These have their 
ample security in the good faith and honor of the people. 
They must and will be paid. From these debts necessarily 
come large burdens, which appear in the form of direct 
and indirect taxes. The fact of their existence is not a 
subject of complaint ; but their magnitude makes strict 
economy a duty. The means of the State are large, and 
there is no occasion for diminishing its great charities, or 
for omitting to make such expenditures as may be neces- 
sary for developing its resources. 

The present depression in business matters furnishes 
reasons too strong to be disregarded against increasing 
these burdens by unnecessary expenditures. When gains 
are small, the capacity for payment is diminished. The 
experience of the war has made us familiar with large 
figures and large obligations. The clay of large gains 
has passed by, and we must now deal with smaller figures, 
and must limit our obligations, so as to make them corre- 
spond with our diminished capacity to meet them. 

The following exhibit presents more in detail our finan- 
cial condition : — 

FINANCIAL EXHIBIT. 

During the past year, loans to the amount of $1,519,400 
have been negotiated upon favorable terms, on account of 
the Troy & Greenfield Railroad, the Harbor Improvement 
and the Dan vers Lunatic Hospital. The payment of ma- 
turing obligations has amounted to $532,000. So that the 
net increase of the funded debt is $987,400. 



Governor's Address. 895 

The following statement shows the amount and charac- 
ter of the funded debt, January 1, 1875 : — 

Aggregate funded debt, January 1, 1874, $28,477,804 00 

Scrip issued during the year : — 

Troy & Greenfield Rail- 
road loan, . . . $469,400 00 

Harbor Improvement loan, 400,000 00 

Danvers Lunatic Hospital 

loan, .... 650,000 00 



Paid during the year : — 
State House Enlargement 

loan, .... $100,000 00 
Almshouse loan, . . 49,000 00 

Union Fund loan, . . 290,000 00 
Taunton Lunatic Hospital 

loan, .... 93,000 00 



1,519,400 00 
$29,997,204 00 



532,000 00 



Present funded debt, . . . $29,465,204 00 

Classification of the debt : — 
Railroad loans, . . $14,971,016 00 
War loans, . . . 12,936,188 00 
Ordinary loans, . . 1,558,000 00 



,465,204 00 



Twenty-one thousand dollars of debt, already matured, 
has not yet been called for. 

There will mature during the current year : Of the 
Harbor Improvement loan, $230,000, and of the Union 
Fund loan, $420,000 ; in all, $650,000, the payment of 
which is amply provided for. 

The sinking funds amount to $10,989,595.16, nearly all 
of which sum is productive. 

These funds, together with unsold Back Bay lands, 
estimated at $1,300,000, the South Boston flats, believed 
to be of large value, and some other property (all of 
which are, by existing laws, pledged to the sinking funds), 
will, with perhaps the exception of the Troy & Green- 



895 Governor's Address. 

field Railroad loan and the Dan vers Lunatic Hospital loan, 
be sufficient, with their accruing accumulations, for the 
redemption of the entire outstanding debt at its maturity. 

Estimates for 1875. 

The ordinary expenditures and payments 
from the revenue the present year are 
estimated at $5,214,550 00 

And the ordinary revenue of the year, in- 
cluding revenue cash in the treasury, is 
estimated at $3,568,983 55 

These estimates do not include any new or extraor- 
dinary expenditures or grants by the Legislature which 
may be made at its present session. It is apparent that a 
state tax of $2,225,000 will be requisite to meet expendi- 
tures and leave a sufficient amount of cash in the treasury 
at the close of the year to answer the calls upon the treas- 
ury till the ordinary revenue of the succeeding year shall 



begin to be realized. 



STATE CHARITIES. 



Among the important subjects annually brought before 
the Legislature by the reports of the departments of state 
administration, few are more worthy of careful considera- 
tion than that relating to the State Charities. Under this 
title may be included not only the establishments and 
bureaus for the relief of poverty, but also the hospitals 
for the insane, the reformatory schools, and the agencies 
maintained or aided by the Commonwealth, for the care of 
neglected children, the aid of discharged convicts, and for 
the removal of the poor to their homes. 

Prisons do not come within this classification ; but there 
is one large prison (the Bridgewater State Workhouse) 
which, from its peculiar character, belongs rather among 
the charitable than among the penal institutions. 

In the maintenance of these public charities, the Com- 
monwealth now expends yearly more than $600,000. It 
either supports entirely, or materially aids in the support 
of, sixteen institutions, all of which are under the super- 
vision of the Board of State Charities, whose report will 
be submitted to you. 

In a work so varied and extensive, there will always be 
much diversity of opinion as to the methods to be adopted, 



Governor's Address. 897 

and much opportunity for criticism. The systems of ad- 
ministration of the great and increasing charities of the 
State are constantly requiring changes to meet recurring 
exigencies, and the demands of a progressive philanthropy. 

Among the more recent changes is the amendment of 
the law relating to the settlement of paupers, by which a 
large class, heretofore supported by the State, will obtain 
legal settlements in cities or towns, and receive their sup- 
port from the municipalities to which they belong. This 
law will, in the course of a few years, accomplish impor- 
tant changes in the method of supporting the poor. The 
legislative committee which had the matter in charge, in 
their report, express the opinion that " it does not change 
existing settlements " ; that " it does not interrupt or defeat 
any settlement in process of acquisition " ; that " it pro- 
vides liberally for the unsettled by giving all a settlement 
who can show a continuous residence of five years and the 
payment of three taxes within that time, whether the 
residence and taxation be wholly before or wholly after or 
partly before and partly after its enactment " ; that " it 
relieves the most pressing claim brought to the attention 
of the Legislature by giving women a settlement by five 
years' residence, providing that within that time they have 
not been paupers " ; and that " it exempts from its benefits 
the present state pauper inmates of the public institutions, 
to the end that no injustice may be done to any city or 
town." 

The policy of creating great public institutions for the 
reception of the poor, the insane and the younger wards 
of the State, has of late been questioned. It has been 
claimed that experience has proved that such large and 
overgrown establishments have a tendency to create and 
perpetuate the evils they were designed to cure, and that 
separation and classification of the inmates is the true 
policy to be adopted, and that such separation and classi- 
fication cannot be thoroughly accomplished in very large 
institutions. 

These and other important considerations affecting the 
administration of the great charities of the Commonwealth 
will, I have no doubt, be ably and intelligently presented 
to you in the report of the Board of State Charities, and 
I respectfully commend that report to your careful con- 
sideration. I know that the members of this Board bring 
to the discharge of their duties, intelligence, fidelity and 
zeal. 

40 



898 Governor's Address. 

The yearly expenditure of the State for the maintenance 
of its public charities has already been stated to be about 
$600,000. This sura (as I have been informed) is applied 
substantially as follows : — 

For the support and relief of paupers in almshouses 
and hospitals for the insane, $200,000 ; for the support of 
children in preventive and reformatory schools, and their 
supervision in families, $120,000 ; for the support of pau- 
per convicts in the state workhouse, $35,000; for the 
removal and burial of the poor, $20,000 ; for the support 
of state pupils in schools for the blind, deaf-mute and 
idiotic children, $80,000 ; for aid to other establishments, 
$20,000 ; for expenses connected with the late epidemic of 
small-pox, $105,000 ; for the general supervision of immi- 
gration, pauperism, insanity, etc., $30,000. 

About $.100,000 of the above-mentioned expenditure is 
exceptional ; but the average cost of constructing and 
enlarging the state buildings devoted to these charities is 
nearly $100,000 a year, in a period of ten years, so that 
the sum stated may be taken as about the average yearly 
cost at the present time. 

This sum is a very large one. We should all be rejoiced 
if we could diminish it ; but we do not wish to diminish it 
by withdrawing from the recipients of our charities any aid 
or protection which they may need. If the money is 
economically expended, it is certainly well expended. 
The purpose needs no commendation ; the methods are 
always legitimate subjects of examination and inquiry. 

EDUCATION. 

I know that I need not commend to a Massachusetts 
Legislature the subject of education. It has long received 
from the State most generous aid and support. Our col- 
leges are not under the control of either the legislative or 
executive departments of the government. There are 
many private schools throughout the State of the highest 
character. With these schools the authorities of the State 
have, of course, no official relations. The public schools 
exist under the laws of the State, but are largely under 
the control of local authorities. Those who have the 
immediate charge of them, however, derive their power 
from the statutes of the Commonwealth. 

In order that we may avail ourselves of the improved 
systems and methods of instruction which an advancing 



Governor's Address. 899 

civilization and an increasing general culture are con- 
stantly creating and perfecting, it will be necessary for us 
to cause our legislation to keep pace with the progress 
which intelligent educators are making in other States and 
countries as well as in our own. 

There is a form of education which is rapidly gaining 
favor elsewhere, and which I rejoice to know has not been 
neglected here. I refer to what is ordinarily called Art 
Education. This is not confined to instruction in that 
kind of art which simply gratifies the taste. Although 
the possession of the products of this form of art has 
been largely confined to those who have private wealth, 
and although its cultivation has been supposed to be 
intended largely for their gratification, yet, if the time 
ever existed, it has certainly long since passed, when 
the love of art, and the taste for it, were the exclusive 
possessions of the rich or of the highly cultivated. 

But I do refer to that kind of education which, while it 
is refining in its character, instructs the pupil in matters 
which aid him in performing the practical duties of a life 
of labor and of toil, 

It has been well said — 

" That perhaps the most practically important view of the 
subject of art education is its value commercially. In an essen- 
tially utilitarian age, things are judged by the standard of use- 
fulness, rather than sentiment ; and wherever we find great 
success following the experiment of introducing art education, 
it is where business-men have forwarded and developed it as a 
question of dollars and cents. 

" Such instruction will make our nation richer by making our 
artisans more tasteful and skilful, and by developing the latent 
talent of the industrial classes. Without this cultivation no 
people can aspire to become a first-class manufacturing nation, 
nor will they be able to compete successfully with the products 
of skilled industry in the great markets of the world. Me- 
chanics are the sinews of our Commonwealth, and deserve the 
highest consideration of educators." 

The Act of 1870, chapter 248, adds drawing to the 
branches of learning required to be taught in the public 
schools, and provides that any city or town may, and 
every city or town having more than ten thousand inhabi- 
tants shall, annually, make provision for free instruction 
in industrial or mechanical drawing to persons over fifteen 
years of age. It is believed that nearly all the cities and 



900 Governor's Address. 

towns in the Commonwealth, within the provisions of this 
statute, have complied with its terms. 

A Resolve, approved May 14, 1873, chapter 47, appro- 
priated seven thousand five hundred dollars for the 
expenses of a State Normal Art-School, to be expended 
under the direction of the Board of Education ; and by 
another Resolve of the same year, chapter 61, rooms were 
assigned to the Board of Education for the use of this 
art-school. 

I regard the legislation already adopted on this subject 
as of great importance to the moral and material interests 
of the people of Massachusetts. There is no stronger 
safeguard for the protection and preservation of the high 
character of a people, than the full employment of their 
powers on objects worthy of pursuit ; and their manliness 
and independence have no greater security than a well- 
founded consciousness of their ability to meet with credit 
and success all honorable competition and rivalry. 

The prominent position of the French nation in manu- 
factures requiring the highest taste and skill, was made 
most apparent at the Exposition in London in 1851. 

At that time, Great Britain, in her own capital, in this 
class of manufactures, was found among the great nations to 
be below all other exhibitors, except the United States of 
America. This disclosure stimulated the pride and courage 
of the English Government and people, and induced them 
to start art-schools, the result of whose training was mani- 
fest at the Exposition in Paris, in 1867, when Great Britain 
was placed among the first of her distinguished rivals. 
With Germany and many other countries of Continental 
Europe, the same spirit prevails, and to-day we are far 
behind all of these countries, in the development of the 
skill which commands the markets of the world, by its 
fabrics of taste and beauty. 

I earnestly commend to your careful consideration this 
great subject of skilled labor. It is of vital interest to a 
manufacturing people, and I trust that your fostering care 
of it will be apparent in such legislation as may promote 
the welfare and renown of our Commonwealth and country. 

The Act of 1867, chapter 285, provides that no child 
under the age of ten years shall be employed in any man- 
ufacturing or mechanical establishment, and no child 
between the ages of ten and fifteen years shall be so 
employed, unless he has attended school for three months 



Governor's Address. 901 

in the year next preceding such employment, nor unless 
he shall attend school at least three months in each year 
during the continuance of such employment. 

The Act of 1874, chapter 221, provides that no minor 
under the age of eighteen years, and no woman over that 
age, shall be employed in any manufacturing establish- 
ment more than ten hours in any one day, or sixty hours 
in any week. 

These two Acts affect deeply the welfare of the Com- 
monwealth. They both have my cordial approval. To 
carry out the spirit of such legislation, the education 
of the operatives in Massachusetts should receive the 
thoughtful consideration of the Legislature. For persons 
so employed, half-time schools, which have been intro- 
duced with great success into both the manufacturing and 
agricultural districts of Great Britain, seem to me the 
best expedient. The problem has already been presented, 
— whether in a public school, instruction in practical pur- 
suits, which may enable, or assist in enabling, the pupil 
to earn a livelihood in early years, should not be joined 
with the customary tuition. In manufacturing communi- 
ties, this form of instruction cannot be properly or safely 
neglected. The necessities of the pupil and the public 
interests alike demand that those whose inheritance is that 
of labor, shall have both the time and opportunity for 
instruction, and for a kind of instruction which shall give 
to labor intelligence, and consequently increased value 
and compensation. Half-time schools have in some cases 
divided the hours of the day between instruction and 
labor ; others have taken entire days for each ; while 
others, again, preserving the alternations, have taken 
entire periods, consisting of several weeks for each. The 
selection between these plans may be influenced by the 
kind of industry in which persons are engaged. As a 
general rule, the evidence of experience is in favor of the 
division of each day. It is shown by those engaged in 
instruction, that half-time scholars, as a rule, are quite 
equal in average attainments to those who have full school- 
hours without the alternations of work. 

A Resolve of 1874, chapter 62, directs the labor bureau 
to prepare a plan for the education of the children em- 
ployed in manufacturing establishments, and report the 
same to this General Court. I commend the whole subject 
to your thoughtful consideration. 



002 Governor's Address. 

That system which shall give to labor the time and 
opportunity for education and culture, will never injure 
the moral or material interests of a people, or withdraw 
from wealth or capital any of its rightful possessions. 

THE MILITIA. 

The militia has during the past year maintained, in all its 
parades, whether voluntary or made under - orders, its high 
reputation for efficiency and discipline. 

There are now upon the rolls the names of four hundred 
and six officers, and six thousand and forty-two enlisted 
men. 

The Act of last year provides for a gradual reduction 
of the force, and provides that "no new company shall be 
organized, if thereby the whole force shall exceed five 
thousand officers and men." In consequence of this Act, 
the applications for organization of new companies have 
been refused. 

At the encampments of the militia during the year 1874, 
there were present for duty 5,880 officers and enlisted men. 
This number largely exceeded the number present in the 
year 1873, when one of the regiments did not go into 
camp. 

The expenditures for services of officers and men during 
the last year were as follows : — 

For inspection in the month of May, . . > $16,361 50 
For elementary drills and transportation, . 3,105 43 
For expenses of encampment, . . . 93,755 00 
For transportation, ..... 10,474 19 
For services of mustering officers, . . 1,326 56 



Total, $125,022 68 

To this sum is to be added the amount of certain ex- 
penditures made under an appropriation for the militia. 
These expenditures were as follows : — 

For instruction and orderly books, . . $798 90 

For quartermasters' supplies, . . . 14,954 6Q 

For military accounts, ..... 4,589 74 
For rent of armories and headquarters 

(estimated), 39,000 00 

$59,343 30 



Governor's Address. 903 

The Legislature of 1874 appropriated the sum of 
$195,000 for uniforms. This sum has proved insufficient 
to furnish uniforms for the whole force. It is estimated 
that an additional sum of at least $73,800 will be required 
to provide uniforms for that part of the force which has 
not as yet received them. 

A special appropriation of $4,000 was made by the last ' 
Legislature for grading and fencing the State Camp 
Ground at South Framingham, and of this sum $3,653.32 
have been expended. There is still a large amount of 
work to be done on these grounds, which can be accom- 
plished gradually and without detriment to the occupation 
of the same by the troops. The arsenal built last year is 
already in use for the storage of state property, and very 
general advantage has been taken of the provision of law 
giving the quartermaster-general authority to receive (at 
the expense and risk of the owner) any personal property 
of officers and men used for military camping purposes. 
This feature results in a large saving to the respective 
companies in the matter of transportation. 

A dwelling-house for the keeper of the arsenal and 
grounds is now being erected. A special appropriation of 
$6,000 was made to cover the cost of its construction, and 
this amount will all be needed to complete the building. 

•The adjutant-general's office has a force of seven extra 
clerks, whose work is kept up promptly. This force will 
be needed for the present year. The records of the vol- 
unteers in the army and navy are being gradually com- 
pleted. Of the importance of these records, I cannot 
speak in too strong terms. They are in constant use for 
reference in cases of military settlement, bounty and 
pension claims, and are therefore of great value. 

The expenses in this department are very large. One 
of the objects of the statement which I have made is to 
bring this fact to your attention. I recommend that an 
inquiry be made for the purpose of ascertaining whether a 
reduction of the cost of maintaining this important force 
cannot be made without materially diminishing its effi- 
ciency. 

STATE PRISON. 

By an Act passed by the Legislature in the year 1873, 
the Governor, with the advice and consent of the Council, 
was authorized to appoint a board of commissioners con- 



904 Governor's Address. 

sisting of three persons, with full powers to select a plan 
for a state prison from such as might be presented, to pur- 
chase an eligible site for the same, and to cause to be 
erected thereon a suitable prison. Certain amendments to 
this Act relating to size and other matters of detail, were 
passed by the Legislature of last year. In pursuance of 
the authority given by the original Act commissioners 
were appointed. These commissioners have purchased 
land for a site in the town of Concord, and have also 
selected plans for .the structures, and have submitted them 
to my predecessor and the Executive Council for approval. 
These plans, I have been informed, foiled to receive 
Executive approval, and the construction of buildings has 
not been commenced. The matter is therefore subject to 
the control of this Legislature. 

The reasons assigned for the erection of a new prison 
in another locality are (as I have been informed), that the 
existing structures are insufficient in size and accommoda- 
tions ; that a large amount of money would have to be 
expended to increase them to an extent sufficient to meet 
the present demands ; that the prison at Charlestown is 
by reason of its location and its form of construction, 
unhealthy ; and that the lands on which the existing struct- 
ures stand are very valuable, and can be sold for enough, or 
nearly enough, to pay for the construction of a larger and 
more properly arranged and appointed prison in a far 
better locality. 

The opponents of this measure believe that the situa- 
tion of the existing prison is not an unhealthy one ; that 
the location at Charlestown is much more favorable for 
rendering the labor of the convicts profitable to the State, 
than the one selected at Concord ; that the value of the 
lands at Charlestown has been overestimated, and the cost 
of the new structures underestimated ; and that the true 
and economical policy for the Commonwealth to adopt is 
either to enlarge the prison at Charlestown, or keep it in 
use as it is, and construct a smaller one upon another site, 
for the purpose of supplying the demands which the 
existing prison fails to meet. 

My time and opportunity have not permitted me to 
determine whether the present site and structure are 
obnoxious to all the objections which have been made 
against them. If they are, another prison in another place 
should be furnished by the State. The strength of the 



Governor's Address. 905 

law is tempered with humanity. The law punishes con- 
victs by confinement and hard labor, but it does not intend 
to consign them to prisons which are unfit for habitation. 

If the objections (so far as they relate to health) made 
against the present site and structure are not well found- 
ed, then the policy of constructing such a prison as is 
contemplated by the Acts of 1873 and 1874 is a question- 
able one. 

I invite your early attention to this subject. 

PRISON FOR WOMEN. 

By an Act passed in 1873, the Commissioners of Prisons 
were authorized to select a plan and purchase a site- and 
cause to be erected thereon a suitable structure for a 
reformatory prison for women convicts. In pursuance of 
the authority grauted by the Act, a site in the town of 
Sherborn, containing about thirty acres, has been selected, 
and the selection has been approved in the manner re- 
quired by the Act. 

Plans have also been selected, but, as I have been 
informed, have not as yet received Executive approval. 

This measure is one of the results of a beneficent 
movement, initiated a few years since, for the purpose of 
improving generally the administration of the county 
prisons ; and particularly of placing convict women under 
a system more likely to secure their reformation, than 
is possible while they are distributed as they now are in 
jails and houses of correction. The absolute separation 
of convicts of different sexes, not merely by division 
walls of the same prison, but by committing them to 
different prisons, is insisted upon by all who have given 
earnest thought to the subject. Any additional legislation 
that may be required to carry into effect the purposes of 
this Act, deserves your favorable consideration. 

PROHIBITORY LAW. 

There is a subject which you will be called upon to con- 
sider, that largely affects the public interests of the State ; 
but it still more largely affects the private interests and 
morals of the people. I refer to the subject of legisla- 
tion respecting the sale aud manufacture of intoxicating 
liquors. It presents a problem not of easy solution. 
Difficulties always have surrounded and always will 

41 



906 Governor's Address. 

surround it. The temperance cause is a high moral one ; 
but it has unfortunately been dragged from the house of 
its friends, and thrown into the arena of party strife. 
From that arena, I trust that an attempt will be made to 
rescue it, and to lift it up to that place which its high 
moral dignity demands. While, like every other moral 
cause, it finds its highest form of triumph in arguments 
and persuasions which convince the judgment, and in 
appeals which reach the conscience, it is still entitled to 
all the aid which legislation can give it, and I believe 
legislation can aid it ; but experience has shown that it is 
a fatal mistake to rely upon law as the sole or principal 
agency in promoting the cause of temperance. That 
loyalty to duty, and that determination to perform it, 
which are the fruits of conscientious conviction, have a 
steadfastness and power which do not belong to enforced 
virtue. Many will resist force who will yield to persua- 
sion. I fear the tendency of late has been to rely too 
much upon the strength of the law, and too little upon 
more potent instrumentalities. 

I think the opinion is well-nigh universal that there 
should be, at least, restraint in the sale of intoxicating 
liquors ; and this opinion will give a strength to restrain- 
ing legislation, which absolute prohibition certainly does 
not now possess. Let law sustain the appeals to the judg- 
ment and moral sense of the community. 

I feel it to be my duty to say that, while considering 
this subject, you should keep in constant remembrance 
the fact that intemperance has been the most prolific 
source of poverty, wretchedness and crime; that it has 
filled the State and the country with its destructive influ- 
ences ; and that its progress everywhere heralds only mis- 
fortune, misery and degradation. The barriers which you 
may seek to raise against it should be as strong as you, 
acting within the proper limits of legislation, can make 
them. That which will most effectually diminish an evil 
which I fear legislation cannot wholly destroy, will best 
subserve the cause of morals, most thoroughly promote 
the interest of the State, and most successfully advance 
the prosperity and virtue of the people. 

Your action on this subject should be earnest, faithful 
and determined. Nothing less will satisfy the people. 
Nothing less ought to satisfy your own consciences. 

More than twenty years ago, the law known as the Pro- 



Governor's Address. 907 

hibitory Law was enacted. With the exception of a single 
year, that law, or a law of similar character, has been on 
the statute-book. The people, at the time of its enact- 
ment, were anxious to aid the cause of temperance by 
legislation. They, therefore, through their representa- 
tives in the Legislature, passed the law. They have tried 
it, and they have patiently waited for more than twenty 
years for its predicted blessings. To-day, the public senti- 
ment demands the repeal of the law. The people do not 
desire this repeal because their zeal in the cause of tem- 
perance is less than it was twenty years ago, but because 
they believe that the law has signally failed to accomplish 
the great and beneficent purposes for which it was enacted. 

It was claimed by its opponents, at the time of enact- 
ment, that it was "unsound in theory and inconsistent 
with the traditional rights and liberties of the people"; 
that it transcended the proper domain and limits of legis- 
lation ; that it was too far in advance of the habits of the 
people to meet with any practical success ; and that, in 
the sale of intoxicating liquors, regulation was attainable 
and practicable, but that absolute prevention of such sale 
was impossible. And during the existence of the law, 
the principles upon which it rests have been the subjects 
of earnest public discussion, as well as exhaustive legisla- 
tive examination and inquiry. 

It is not necessary or useful for me to enter upon the 
discussion of these questions now, for the law has made 
a history for itself, and many of the objections made to it, 
which were in the nature of prophecies at the time of its 
enactment, have become facts now. By its history it must 
be judged, and receive either approval or condemnation. 

The law has had many attendant influences, which, if it 
had possessed an inherent power for good, would have 
given it additional strength. 

It has had behind it a strong moral support, in the 
high character of many of its advocates. These advo- 
cates have given to it the strength which always comes 
from intelligence and virtue. The purpose, too, which it 
was designed to accomplish, seemed to surround it with 
its own pure influences, and to lend to it its aid. 

In addition to all these, the great power of the State 
was behind it. An extraordinary police force was created, 
mainly to assist hi its enforcement. Never in this Com- 
monwealth did a law have more potent and unusual 



908 Governor's Address. 

agencies to give it strength and power ; but these agencies 
have served only to demonstrate its weakness, and make 
its failure the more conspicuous. 

I am opposed to this law because of this failure, and 
because I believe that its execution, or what has been 
called its execution, has tended to corrupt the admin- 
istration of law in the State. During its existence, the 
Executive chair of the Commonwealth has been occu- 
pied by gentlemen, for whose ability, intelligence and 
virtue the people have had the highest respect. That 
respect has been deserved. These gentlemen, clothed 
with the power of the State, have sought to enforce the 
law, through the agencies provided by the statute. And 
yet, with all these favoring circumstances, it has been 
constantly losing respect from the method of its execution 
as well as from its want of success. The appointing 
power has always sought for honest and worthy men to 
enforce it, and has undoubtedly obtained many worthy 
men for that purpose ; but it is believed (whether cor- 
rectly or not, you must judge) that the temptations to 
corruption which the law presents, have proved too strong 
for many of the subordinate officers who have been 
charged with its execution ; so that (at least in many parts 
of the State) it has practically degenerated from a pro- 
hibitory law of the most stringent form, to a license law 
of the most corrupt character. When the terrors of the 
law are used for the purposes of private gain and political 
influence, the cause of morals is not advancing. 

In the report of the majority of the committee on the 
liquor law made to the last Legislature, I find the follow- 
ing :— 

" The legislation of the State should ever be parental, for 
home is the foundation, and should be the type, of all represent- 
ative government. We should make laws to protect our homes ; 
to guard the weak ; to guide aright the blind and erring ; to 
prevent temptation, not to license it ; to remember the weakness 
of humanit}' in its best estate, its proneness to be enslaved by ap- 
petite and passion, and make law have a lifting, elevating power." 

If I believed that the Prohibitory Law had accomplished 
such results, I would not recommend its repeal. But has 
it prevented temptation? Has it not rather practically 
licensed it? Has it protected the weak, and guided aright 
the erring? And has it been a lifting and elevating power? 



Governor's Address. 909 

If the statistics and statements contained in the report 
of the minority of the same committee are reliable, and 
fairly made (as I am bound to believe they are) , then they 
present fearful evidence to the contrary. But I need not 
refer to statistics. There are facts enough, obvious to a 
common observation, to demonstrate that the results which 
the majority of the committee say ought to be accom- 
plished by legislation, have not been among the fruits of 
the existing law. 

I believe that the sale of intoxicating liquors in many of 
our cities and towns has never been larger, or more open, 
bold or undisguised, than during these twenty years of 
prohibitory history. 

If there ever was a time when the law could have been 
enforced, it was when the popular judgment was, or was 
believed to be, in its favor. Nothing less than the united 
moral influence of the people of the Commonwealth can 
give to such a law practical strength and power. Such a 
united influence, the present law is far from possessing. It 
has undoubtedly still a large number of friends and sup- 
porters, whose character and whose motives are pure, and 
whose earnestness and whose zeal in the cause of temper- 
ance cannot be questioned. 

But it is equally beyond a doubt that it finds among its 
opponents a large number of persons of equal purity and 
intelligence, having a kindred zeal in the same cause. The 
latter believe that its continued existence will retard, 
rather than advance, the cause of temperance, and that it 
will, by the influences which it has created and the agen- 
cies to which it has given birth, continue to corrupt the 
administration of law and to degrade political action. 

With such a sentiment existing against it, its friends can 
scarcely hope for it any substantial success, — certainly not, 
unless it can gain a respect which it does not now possess. 
But events have shown that instead of gaining it has been 
losing public favor, that the number of its friends has 
been diminishing and the number of its opponents increas- 
ing, and that the popular judgment is now against it. 

If such are the facts, then there is reason to fear that 
the future of the law (if it shall continue to exist) may be 
more objectionable than its past has been, both in the 
character of its results and in the method of its adminis- 
tration ; and this no good citizen can desire. 

If you shall come to the conclusion, for the reasons 



910 Governor's Address. 

which I have stated, or for any other reasons, that the 
existing law ought to be repealed, then it will be your 
duty to supply its place with some other form of legisla- 
tion, restraining and controlling a traffic which cannot be 
entirely abolished ; for I believe that no man who has 
given the subject earnest and candid thought can be in 
favor of the unrestricted sale of intoxicating liquors. I 
should be surprised to find in the Legislature an advocate 
of such a policy, and I dismiss it as unworthy of discus- 
sion. I recommend the repeal of the existing prohibitory 
law, and I also recommend the enactment of a law in its 
stead which shall place the sale of intoxicating liquors in 
responsible hands, and shall surround such sale with the 
strongest practicable limitations, restraints and safeguards. 

I have already indicated the general character of the 
legislation on this subject which commends itself to my 
judgment. Its details cannot be properly considered 
within the limits which, for a single subject, belong to this 
occasion. 

While I entertain no doubt that a large majority of the 
people of the State are opposed to the existing Prohibitory 
Law, I am well aware that there exist wide differences of 
opinion as to the best form of legislation to accomplish the 
object which all good citizens have at heart ; viz., the limi- 
tation of the evils of intemperance. Representing all 
shades of these differences, you will consider this difficult 
problem with a wise regard to the traditions of our peo- 
ple, to the rights of our citizens, and to the best interests 
of the cause of temperance. Entertaining quite decided 
opinions as to the general character of the legislation best 
adapted to accomplish these objects, I doubt if it is within 
my proper province to seem to dictate, or even suggest, 
details of legislation upon this subject to the representa- 
tives of the people. But I shall be most happy to cooper- 
ate with you in any legislation which, while free from con- 
stitutional objections and from clear invasions of personal 
rights, shall tend to promote the beneficent purposes which 
legislation, upon this subject, should aim to accomplish. 

I cannot doubt that you will meet this question with an 
earnest purpose, and give to it that careful deliberation 
which its importance demands. 

Of the law known as the Constabulary Law, I have but 
little to say. What I have already said renders discussion 
of it unnecessary. I recommend its repeal, and in its 



Governor's Address. 911 

place I recommend the enactment of a law creating and 
providing for a police force, in the nature of a detective 
force, sufficient to properly aid the executive officers of the 
State in the preservation of order and in the enforcement 
of all the laws of the Commonwealth. 

CONSTITUTIONAL AMENDMENT. 

Nearly twenty years ago, an amendment to our Con- 
stitution was adopted, which required the Legislature to 
prescribe, by general laws, for the election of sheriffs, 
registers of probate, commissioners of insolvency, clerks 
of courts and district-attorneys by the people. The wis- 
dom of the amendment, as it now stands, has been doubted 
by many who originally favored it. Recent investigations, 
the results of which will be submitted to you, have 
attracted attention to this subject, and I respectfully com- 
mend it to your careful consideration. 

RAILROADS. 

For a number of years past legislation relating to rail- 
roads has occupied a very large share of the attention of 
the Legislature. Since 1869, the Board of Railroad Com- 
missioners has been established, the general railroad law 
has been passed, the question of municipal subscription to 
railroad enterprises has been regulated, the rights and 
duties of connecting railroads towards each other have 
been defined, and the general principles preventing dis- 
crimination in rates of fares and freight have been laid 
down. By an Act of the last Legislature, these and all 
other statutes affecting railroads were codified and brought 
into a simple and comprehensible shape. During the past 
year, as I have been informed, an unusually small number 
of complaints have been preferred before the Board of 
Railroad Commissioners against railroad corporations ; and 
from this fact the Legislature has a legitimate right to 
assume that the working of the system is satisfactory. 
The general railroad law certainly has in its operation been 
far more beneficial than even its friends claimed that it 
would be. It will, doubtless, greatly diminish, if it does 
not entirely prevent, the continued legislative contests, 
which were formerly of annual recurrence. Under it 
charters are now obtained without difficulty, and apparently 
under sufficient restrictions. 



912 Governor's Address. 

Under these circumstances, it seems very desirable that, 
for the present at least, the existing legislation should be 
disturbed as little as possible. Great influences are very 
obviously at work which, in the course of years, cannot 
but essentially modify the relations between this immense 
system and the community. These, however, are as yet 
but partially understood, and must have further develop- 
ment before they can be dealt with. Meanwhile, so far as 
the immediate future is concerned, the railroad legislation 
of the State seems to be as complete and in as satisfactory 
condition as can reasonably be expected. There seems, 
therefore, no good reason why general questions connected 
with it should occupy any considerable share of the time 
of the present session. 

There are, however, some questions relating to railroads 
(but not connected with general legislation upon the sub- 
ject) which will require your attention. 

Among these, the question relating to the Hoosac Tunnel 
is of the most importance, and to this I shall hereafter 
advert. There is, also, the subject of the proposed junc- 
tion railroad communicating with the South Boston flats, 
which was referred by chapter 88 of the Resolves of the 
last Legislature to a special committee of that body, to 
consider and report upon. To this important subject, and 
to the report of a committee which has given the matter 
great labor and intelligent consideration, I invite your 
attention. 

A special commission was authorized by chapter 79 of 
the Resolves of the same Legislature to examine into and 
report upon the affairs of the Lee and New Haven Railroad 
Company. 

The recent financial disturbance was undoubtedly in 
part occasioned by excessive railroad construction, and was 
felt by railroads more severely than by many other interests ; 
but it did not affect the railroad corporations of Massachu- 
setts at all in the same degree as it did those of other sec- 
tions of the country. This was mainly due to the fact 
that the affairs of the Massachusetts corporations were 
established on a much firmer financial basis than those of 
other sections. 

Although the construction of new roads in the State has 
been less during the past year than in the year preceding, 
yet (as I am informed) there has been no diminution in 
the aggregate of business done by the existing rail- 



Governor's Address. 913 

roads, and but a comparatively small diminution of their 
receipts. 

The receipts of the roads for the last year were 
$34,632,483 ; those of the year preceding were 
$34,930,527. 

During the year the companies handled 12,014,812 tons 
freight, and carried 42,480,494 passengers, the largest 
aggregate yet reported. 

The number of accidents during the past year has been 
very small, for which result the roads deserve great credit. 
Of the forty-two millions of persons carried by them, but 
a single one was killed, and but seven were injured, except 
as the result of their own carelessness and indiscretion. 
It is a matter for congratulation that this important busi- 
ness interest furnishes such evidence of prosperity. 

HOOSAC TUNNEL. 

The Tunnel through the Hoosac Mountain has so nearly 
reached its completion, that the question of its future use 
is now forced upon the attention of the Legislature. Its 
cost has been large, to an extent, I believe, beyond all 
anticipation. But the time for any useful discussion of 
the wisdom of the expenditure has long since passed by. 
The question now presenting itself for solution — and it is 
one of great importance as well as one of great difficulty 
— is, What form of use of the Tunnel, and of the property 
of the State connected with it, will best develop and pro- 
mote the industries, the commerce and the trade of the 
State, and give to the Commonwealth the largest return on 
the immense sum which it has expended in the enterprise? 
It is certainly desirable that the Tunnel should be made an 
agency for extending and increasing, as fast as possible, 
the lines of railway communication between Massachusetts 
and the West, thereby enlarging the facilities and dimin- 
ishing the expense of the transportation. Unless these 
things can in some form, or by some methods, be accom- 
plished, the results of the enterprise will be insignificant 
in comparison with the magnitude of its cost. 

The Tunnel line (by which I mean the Tunnel and the 
railroad belonging to the State now connected with it) as an 
independent one, disconnected with any other lines of rail- 
way, will, whether under public or private control, be fee- 
ble, and will entirely fail to accomplish the anticipated 
results. It will only be by consolidation, or by some other 

42 



914 Governor's Address. 

permanent form of connection with other important rail- 
roads, that it can meet the hopes or expectations of the 
people of the State, or at all fulfil the prophecies of its pro- 
jectors. 

To attain success, it must become a part of a great 
through line, which shall be under strong, vigorous and 
energetic management. Shall the State become the entire 
and absolute owner of such a through line? This would 
involve an additional outlay far exceeding that already 
made. I think that such an outlay, or indeed any outlay 
by the State much beyond the amount of existing appro- 
priations, would be unwise. 

I think, therefore, it is the policy of the State to con- 
nect the Tunnel, and the railroad which belongs to it with 
other important railroads, and make the property owned 
by the State a part of a through line. How, with whom, 
and on what terms, shall such union be made, are difficult 
questions, involving much care and negotiation. 

The Legislature of last year, recognizing and appreciat- 
ing the difficulties which surround the question, as well as 
the fact that no intelligent disposition of it could be made 
without a careful and thorough examination of the impor- 
tant facts and large interests connected with it, and also 
recognizing the necessity of some immediate action for the 
purpose of controlling the property and preparing it for 
future use, very wisely, as I think, passed an Act author- 
izing the Governor, with the advice and consent of the 
Council, to appoint five persons to be a body corporate, 
to continue one year from the first day of July, 1874, 
whose duty it should be to have charge of all the prop- 
erty of the Commonwealth in the Southern Vermont 
. Railroad and in the Troy and Greenfield Railroad, with 
authority to control and use the same so far as may be 
necessary to secure the objects of the Act ; to hold and 
faithfully apply all moneys received from the operating of 
these railroads and the Tunnel and all moneys appro- 
priated by the Commonwealth for the completion, exten- 
sion and improvement of the railroads and Tunnel and 
their equipment, and to relocate, where necessary, the 
tracks of the Troy and Greenfield Railroad, and complete 
the construction of the railroad and Tunnel and prepare 
the same in all respects for the reception of the traffic of 
a through line. The corporators were also by the Act 
required to furnish in their report to be made to this Leg- 



Governor's Address. 915 

islature during the first week of its session, full, accurate 
and specific information on certain important subjects 
named in the Act, a knowledge of which is essential to 
any intelligent action upon this important matter. 

The persons selected, and appointed under the provi- 
sions of the Act as corporators, are gentlemen of great 
ability and intelligence, and they have brought to the 
discharge of their duties, as their report will show, both 
industry and energy. With these gentlemen, I have had, 
during the last two months, the privilege of consultation 
and conference, and I have received from them the results 
of their examination and deliberation. The fact that 
these corporators have for months made this matter a sub- 
ject of especial and intelligent inquiry and thought, and 
the fact that the results of their labors will be submitted 
to you during the present week, make it unnecessary for 
me further to discuss a question which will be clearly and 
ably presented to you by persons selected for that pur- 
pose. I concur in the general conclusions arrived at in 
their report, and I commend it to your favorable con- 
sideration. It also appears to me that this important 
and vexatious question, which has engaged the attention 
of several successive Legislatures, and has been most 
elaborately discussed from every point of view, should 
receive your immediate attention, and be settled in the 
early part of your session. 

I have been informed that the Governor and Council 
have made a settlement with W. & F. Shanly, the con- 
tractors for the completion of the Tunnel, and that it has 
been surrendered by them to the State. The entire 
amount of the contract was $4,594,268. In the settle- 
ment, a deduction was made on account of railway track 
not laid, and on account of the unfinished condition of the 
central drain. This deduction amounted' to $36,547.54. 
The previous payments had amounted to $4,101,705.60. 
The balance of $456,014.82 was paid on the twenty- 
second day of December last. 

The contractors presented a claim for extra work, 
amounting to $70,404.53, upon which the sum of $27,- 
115.47 was allowed and paid. 

They have given notice that they shall make application 
to the Legislature for the payment of the balance of this 
claim, and for the payment of certain other claims which 
they regard as equitable. The whole amount of the claim 



916 Governor's Address. 

which they intend to present is (as I have been informed) 
about $126,000. 

The total amount of payments from the treasury on 
account of the railroad and Tunnel, up to January 1, 
1875, including interest paid on scrip issued, was, after 
deducting receipts for rents, etc., $12,973,822.31. 

CENTENNIAL CELEBRATIONS. 

The year upon which we are now entering will be one 
of peculiar interest to the American people, and especially 
to the people of our own Commonwealth, as it completes 
the century from the opening scenes of the War of the 
Revolution. The one hundredth anniversary of the 19th 
of April, 1775, the day "which made conciliation impos- 
sible and independence certain" in the conflict between 
Great Britain and her colonies, will be celebrated by the 
people of Massachusetts during the term for which we 
have been elected. 

On the seventeenth day of June, 1775, occurred that 
great historic event, the battle of Bunker Hill. Its one 
hundredth anniversary will be celebrated on the seven- 
teenth day of June, 1875, in a manner worthy of the dig- 
nity of such an occasion. 

I am sure that you will unite with me in the hope and 
the endeavor that this centennial year shall be made the 
occasion for quenching party animosities, reviving patriotic 
sentiments, and devoting ourselves in the spirit of our 
fathers to the public service. 

I take pleasure in communicating to you an invitation 
from the inhabitants of the town of Concord to the two 
branches of the General Court, to be present as the guests 
of the town on the 19th of April next, and take part in a 
fitting commemoration of the events which make the day 
famous. A similar invitation from Concord was accepted 
by your predecessors twenty-five years ago ; and I com- 
mend this invitation to your favorable consideration. 

Nearly a century has elapsed since, at Philadelphia, "the 
representatives of the United States of America, in general 
Congress assembled, appealing to the Supreme Judge of 
the World for the rectitude of their intentions," did, "in 
the name and by the authority of the good people of the 
colonies, solemnly publish and declare that the United 
Colonies were, and of right ought to be, free and indepen- 
dent States." "And for the support of that declaration" 



Governor's Address. 917 

did, "with a firm reliance on the protection of Divine 
Providence, mutually pledge to each other their lives, their 
fortunes, and their sacred honor." 

To the celebration of this great event, which will occur 
in Philadelphia in the year 1876, I invite the attention of 
the Legislature. 

As we are passing from the first century of our exist- 
ence as free and independent States, and are about step- 
ping upon the threshold of the second, it certainly is an 
appropriate time for us to look back to our early history, 
and seek from it, as we well may, a guide for the future. 

This centennial anniversary will be of incalculable bene- 
fit, if it shall recall to our minds that primitive time, when 
high office was held as a great and sacred trust, and when 
official position was sought for the opportunity which it 
furnished for honest and faithful public service, and not as 
a means of personal emolument or gain. 

This celebration will be one in which all parts of the 
country can cordially unite. The memory of this grand 
event can awaken no emotions except those of pride, 
either in the North or in the South, in the East or in the 
West. Its celebration belongs to the whole country. 
Here all can stand on common ground, and can, as heirs 
of a common glory, rejoice together. This celebration 
will fail in one of the purposes which ought to be accom- 
plished by it, if it shall not tend to allay sectional hatred 
and sectional strife, and to give new life to the spirit of 
that ancient patriotism which had no boundary lines except 
those of the whole country. If it shall tend, to any large 
extent, to accomplish such results, then the fourth day of 
July, 1876, will be a day worthy of future remembrance. 

SHORT SESSIONS. 

I find upon examination of the messages of my prede- 
cessors, that short sessions have long been among the sub- 
jects of Executive commendation. Upon examination of 
the length of sessions, I find that their advice has not pro- 
duced flattering results. Although somewhat discouraged 
by this circumstance, I shall venture to follow in the line 
of their example and give similar advice, as I believe that 
this year presents unusual opportunities and inducements 
for abbreviating the length of the session. Some of the 
subjects that have hitherto occupied much of the time of 
the Legislature have, by the effect of general laws, been 



918 Governor's Address. 

withdrawn from its attention, and this is especially a time 
when economy in the public service is demanded. 

In addition to these considerations is another of not less 
importance. The legislation of the State is becoming too 
voluminous and complex, and I know of no better remedy 
for this evil than short sessions. 

Senators and Representatives : 

The people have committed to us high trusts. With 
more than ordinary emphasis, they demand that these trusts 
shall be executed with fidelity. Our duties will not be well 
performed if we suffer ourselves to be controlled by the 
influences of a calculating partisanship. Higher motives 
guided the people on the day of our election ; and we shall 
prove faithless representatives, if we shall fail to bring to 
our service a spirit as liberal and as pure as that which 
committed to us the labors and the duties upon which we 
now enter. 

Let us give all our energies to the promotion of the 
interests of our ancient Commonwealth, which has so long 
been blessed with the benefactions of that Divine Provi- 
dence in which our fathers so implicitly and so wisely 
trusted. 



Special Messages. 919 



SPECIAL MESSAGES. 



THE FOLLOWING SPECIAL COMMUNICATIONS WERE MADE BY HIS 

EXCELLENCY THE GOVERNOR, TO THE LEGISLATURE, 

DURING THE ANNUAL SESSION. 

[To the Senate, January 8.] 

It becomes my duty to inform you that a vacancy exists 
in the Executive Council, by reason of the death of the 
Hon. Alfred Macy, of Nantucket, who was elected Coun- 
cillor from the First District for the current political year. 

[To the Senate and House of Representatives, January 12.] 

I have the honor to transmit herewith, for the informa- 
tion of the general court, the annual reports, for 1874, of 
the Surgeon-General of the Commonwealth ; the Commis- 
sioners of Inland Fisheries ; the Chief Constable of the 
Commonwealth ; and the Deputy State Constable, detailed 
to execute " the laws relating to the schooling and hours 
of labor of children, employed in manufacturing and me- 
chanical establishments." 

I also lay before the general court a report of the par- 
dons granted by the Governor and Council during the 
year 1874, left with me for transmission by my prede- 
cessor. 

BY HIS HONOR, THOMAS TALBOT, LIEUT.-GOV. 

[To the Senate and House of Representatives, January 7.] 

In compliance with the provisions of chapter 50 of the 
Resolves of 1860, I have the honor herewith to lay before 
the General Court a report of the pardons issued by the 
Governor and Council during the year 1874, and to 
January 7, 1875. Of the eighty-seven convicts thus set at 
liberty, eighty were pardoned in 1874 ; twenty-four were 
in the state prison ; sixty-two in houses of correction ; 
and one in the house of industry at Deer Island. In nine- 
teen cases sickness was the controlling reason for STant- 
ing the pardon, and in nine of these cases it has been 



920 Special Messages. 

ascertained that death took place within a few weeks. 
Every pardon granted contained the condition, that, if the 
person to whom it was issued should, before the expira- 
tion of his sentence, be convicted of any crime punishable 
by imprisonment, he would be held to serve out the 
remainder thereof. 

No. 1. Joseph Gould. Convicted of assault : Supe- 
rior Court, Essex County, February 18, 1873. Sentenced 
to eighteen months in house of correction. Pardon granted 
January 14, 1874, on petition and recommendation of Dr. 
Y. G. Hurd, keeper and physician of the house of correc- 
tion at Ipswich, who certified that the prisoner had lost 
his right eye from inflammation during his imprisonment, 
and that he would lose the other eye also unless proper 
medical treatment therefor were afforded him. This he 
could not receive in house of correction. 

No. 2. Edward Glynn. Convicted of assault : Mu- 
nicipal Court, Dorchester, December 24, 1873. Sentenced 
to pay fine of twenty-five dollars and costs, and committed 
to house of correction for non-payment. Pardon granted 
January 15, 1874, on petition of his wife. Prisoner had 
five children, oldest ten years of age, youngest two months 
old. Family in destitute circumstances. Was drunk 
when assault was committed. Never was arrested before. 
Signed the pledge, and, on his release, was given steady 
work by his former employers, Beutly & Richardson. 

No. 3. Henry D. Prindle. Convicted of larceny 
from Fitchburg Railroad Co. : First District Court of 
Northern Middlesex, Juue 7, 1873. Sentenced to one 
year in house of correction. Pardon granted January 20, 
1874, for the reason that the judge who imposed sentence 
was satisfied that the same was too severe, new facts hav- 
ing come to his knowledge. Pardon was recommended 
by W. B. Stearns, President, and C. L. Heywood, Super- 
intendent, of Fitchburg Railroad Co., and others. 

No. 4. Erastus W. Harris. Convicted of larceny 
from the person : Police Court of Salem, October 1, 1873. 
Sentenced to three months from December 1, 1873 (date 
of expiration of sentence for an assault), in house of cor- 
rection. Pardon granted January 20, 1874, for the reason 
that the judge who imposed sentence was satisfied that it 
was too severe, and himself strongly recommended the 
pardon. 

No. 5. Patrick Quirk. Convicted of larceny : Supe- 



Special Messages. 921 

rior Court, Worcester County, January 30, 1873. Sen- 
tenced to two years in the state prison. Pardon granted 
January 27, 1874, on account of illegality of sentence. 
The property stolen was less than a hundred dollars in 
value, and under Gen. Stats., chap. 161, sect. 18, prisoner 
could not legally be sentenced for more than one year. 

No. 6. Samuel K. Elliot. Convicted of forgery : 
Superior Court, Worcester County, May 21, 1873. Sen- 
tenced to two years in house of correction. Pardon 
granted January 29, 1874, on the recommendation of Hon. 
E. B. Stoddard, John A. Dana, Esq., and others, of 
Worcester, on account of the sickness of the prisoner. 
Dr. Rufus Woodman certified that, " so far as human fore- 
sight could determine, he would not live out the term of 
his sentence." 

No. 7. John Minnehan. Convicted of keeping liquor 
nuisance: Superior Court, Bristol County, December 30, 
1873. Sentenced, beside fine and costs, to three months 
in house of correction. Pardon granted February 4, 1874, 
on the petition of Hon. R. T. Davis, Hon. Charles P. 
Stickney, Hon. George O. Fairbanks, S. C. Wrightington, 
and Hon. James F. Davenport, mayor of Fall River. 
The judge who imposed sentence stated that facts had 
since come to his knowledge which, if known on the trial, 
would have prevented him from ordering prisoner to any 
term of imprisonment. The district-attorney agreed in 
opinion expressed by the judge. 

No. 8. John Bannon. Convicted of assault : Superior 
Court, Suffolk County, October, 1873. Sentenced to six. 
months in house of correction. Pardon granted February 
10, 1874, on petition of the officers of the Architectural 
Iron Works, of New York, it appearing that the prisoner's 
previous character had been good ; that this was his first 
offeuce ; that he had a wife and four children in need of 
his support ; that he was a good workman, and could at 
once obtain employment. 

No. 9. Levi Goldstein. Convicted of forgery : Supe- 
rior Court, Suffolk County, August, 1873. Sentenced to 
two and one-half years in the house of correction. Pardon 
granted February 18, 1874, on petition of prisoner's 
father, recommended by Hon. Ginery Twitchell. The 
prison physician also urged a pardon, and certified that 
prisoner showed signs of incipient consumption ; that 
43 



922 Special Messages. 

before the expiration of his term of sentence, the disease 
would doubtless be firmly seated beyond recovery. 

No. 10. Ellen Tucker. Convicted of obtaining 
money by false pretences : Municipal Court, Dorchester, 
February 10, 1874. Sentenced to three months in house 
of correction. Pardon granted February 18, 1874, on the 
recommendation of J. P. Bradlee, Esq., President of Board 
of Directors of Public Institutions in Boston, and by the 
prison physician, who certified that prisoner was in a very 
low state of health, and had been delirious the greater 
portion of the time during her imprisonment. 

No. 11. John McDonough. Convicted of breaking 
and entering : Superior Court, Essex County, February 2, 

1872. Sentenced to three years in state prison. Pardon 
granted February 18, 1874, on recommendation of Har- 
mon Hall, Esq., on account of the severe illness of the 
prisoner. The prison physician certified that prisoner was 
in last stages of consumption, and could live but a short 
time. He died within a month after his release. 

No. 12. John Phillips. Convicted of murder in 
second degree : Supreme Judicial Court, Norfolk County, 
May 26, 1870. Sentenced to state prison for life. Par- 
don granted February 28, 1874, solely on account of 
prisoner's extreme ill health. He died March 27, 1874. 

No. 13. Edward Shannon. Convicted of larceny on 
'three indictments: Superior Court, Middlesex County, 
February, 1871. Sentenced to four years in house of cor- 
rection. Pardon granted February 27, 1874, on recom- 
mendation of Gen. B. F. Butler, Hon. K. S. Chaffee, 
Hon. Isaac Bradford, Judge Ladd, of Cambridge, and 
others, among whom were the complainants. It appeared 
that the offences charged were all committed on the same 
day, while prisoner was intoxicated. His previous char- 
acter had been good. 

No. 14. George Moore. Convicted of indecent 
assault : Municipal Court, Dorchester, September 22, 

1873. Sentenced to six months in house of correction. 
Pardon granted February 27, 1874, on recommendation of 
Messrs. Williams & Everett, Nathan A. Brickett and John 
Parker, for the reason that prisoner was evidently insane 
when the assault was committed, and had served nearly 
his full sentence. 

No. 15. William H. Chase. Couvicted of breaking 
and entering: Superior Court, Essex County, November 



Special Messages. 923 

14, 1866. Sentenced to ten years in state prison. Par- 
don granted March 4, 1874, on petition of prisoner's wife, 
who was quite low in consumption, and for the reason that 
the sentence imposed appeared to be too long for the 
oifence committed. Pardon was recommended by Hon. 
Daniel Saunders, Hon. N. P. H. Melvin, Hon. Milton 
Bonney, George S. Merrill, and many other prominent 
citizens of Lawrence. 

No. 16. John Looney. Convicted of assault on an 
officer : Superior Court, Worcester County, May 23, 1873. 
Sentenced to one year in house of correction. Pardon 
granted March 4, 1874, on petition of Hon. Henry Chapin, 
Hon. Isaac Davis, John Gates, George W. Gill, and fif- 
teen other citizens of Worcester. Recommended by Hon. 
E. B. Stoddard, and also by officer assaulted. For this 
reason, and because sentence appeared too long, pardon 
was granted. • 

No. 17. George Clark. Convicted of assault and 
robbery from the person, being armed with a dangerous 
weapon : Superior Court, Hampden County, December 

15, 1871. Sentenced to state prison for life. Pardon 
granted March 11, 1874, on account of severe illness. 
The prison physician certified that prisoner was suffering 
from acute phthisis, and could live but a short time. He 
died six days after his release. 

No. 18. Horace L. Davis. Convicted of man- 
slaughter : Supreme Judicial Court, Essex County, May, 
1864. Sentenced to twenty years in state prison. Par- 
don granted March 18, 1874, on petition of Hon. R. G. 
Usher, Hon. James N. Buffum,T. B. Newhall,and others, 
of Lynn. Prison physician certified that prisoner was in 
last stages of consumption. He was pardoned solely on 
account of sickness, and died in Lynn, May 9, 1874. 

No. 19. Martin Hebert. Convicted of larceny: 
Police Court of Salem, February 16, 1874. Sentenced 
to two months in house of correction. Pardon granted 
March 24, 1874, on the petition of Edward Story, Oliver 
Byron, the complainant, and a dozen other citizens of 
Essex, for the reason that there was a doubt of the guilt 
of the prisoner, and the pardon was recommended by the 
judge who imposed sentence. 

No. 20. Edward Long. Convicted of larceny : First 
District Court of Eastern Worcester, April 4* 1874. Sen- 
tenced to three months in house of correction. Pardon 



924 Special Messages. 

granted April 15, 1874, on petition of the justice who im- 
posed sentence, he stating that the complaint and the con- 
viction were the result of a misapprehension. 

No. 21. Edward Brophy. Convicted of being a com- 
mon drunkard : Trial justice Henry B. Terry, Hyde Park, 
March 31, 1874. Sentenced to four months in house of 
correction. Pardon granted April 15, 1874, on his own 
petition. It appeared that the prosecution was prompted 
solely by a desire for revenge, and the prisoner promised 
to abstain from the use of intoxicants for a year. 

No. 22. George Northrop. Convicted of polygamy : 
Superior Court, Hampden County, December, 1872. Sen- 
tenced to two aud a half years in house of correction. 
Pardon granted April 22, 1874, on petition of Hon. E. H. 
Lathrop, M. Chamberlain, Jr., P. Wentworth, George 
Thayer, and about twenty other citizens of Holyoke. 
Recommended by S. W. Bowles, Joshua Coit, and others, 
of Springfield, and by the district-attorney. Prison 
physician certified that he was fatally sick with pulmonary 
consumption. 

No. 23. Charles Monahan. Convicted of assault 
with pistol : Superior Court, Worcester County, October 
29, 1873. Sentenced to one year in house of correction. 
Pardon granted April 29, 1874, on petition of prisoner's 
mother, recommended by district-attorney, Hon. W. W. 
Rice, and Hon. Ad in Thayer. The party assaulted was a 
desperado of the worst character, and the assault was 
committed only after serious provocation. Prisoner had 
reputation of being a peaceable and industrious young 
man. 

No. 24. Michael Quinn. Convicted of assault : Su- 
perior Court, Suffolk County, September 12, 1871. Sen- 
tenced to three years in house of correction. Pardon 
granted May 4, 1874, on recommendation of master of 
house of correction, solely on account of the serious ill- 
ness of the prisoner. He had been under medical treat- 
ment most of the time since his commitment. There was 
no hope of his recovery, though he might live out his 
term. 

No. 25. William Reed. Convicted of attempt at 
rape : Superior Court, Norfolk County, September 15, 
1870. Sentenced to four years in state prison. Pardon 
granted May 14, 1874, on petition of S. W. Hartshorn, 
J. Edward Stone, James A. Dupee, and some forty others, 



Special Messages. 925 

solel}- on account of prisoner's serious illness. Prison 
physician certified that prisoner was in consumption, and 
could live but a very short time. He died in prison the 
next day after his pardon. 

No. 26. William Roach. Convicted of larceny : 
Police Court, Lawrence, March 7, 1874. Sentenced to 
ten months in house of correction. Pardon granted May 
20, 1874, on account of severe illness, on earnest recom- 
mendation of Sheriff Herrick. The prison physician 
certified that prisoner was in last stages of consumption, 
and could live but few days. He died May 26, 1874, within 
a week after his pardon was granted. 

No. 27. Frederick W. Miteen. Convicted of in- 
decent exposure : Superior Court, Suffolk County, April 
13, 1872. Sentenced to three years in house of correction. 
Pardon granted May 27, 1874, on petition of Hon. Albert 
Palmer, John Backup, H. M. King, Dr. H. G. Morse, and 
others, of Boston Highlands. Prisoner's previous reputa- 
tion was good ; offence was committed while he was drunk. 
He had served two-thirds of sentence, and was thought to 
be sufficiently punished. 

No. 28. Robert Pemberton. Convicted of breaking 
and entering : Superior Court, Suffolk County, August, 
1872. Sentenced to two years in state prison. Pardon 
granted May 27, 1874, on petition of prisoner's wife, 
endorsed by Col. Win. T. Grammar and some thirty other 
citizens of Woburn. Recommended by Hon. A. W. 
Boardman. Prisoner's first offence ; previous reputation 
excellent. Council believed that had this appeared at the 
trial a lighter sentence would have been imposed. 

No. 29. William F. Perkins. Convicted of assault 
on two complaints : Trial Justice Andrews, of Danvers, 
December 5, 1873. Sentenced to one year in house of 
correction. Pardon granted June 2, 1874, on petition of 
complainant, the selectmen of Middleton, and others. 
The sentence seemed too severe. The general conduct of 
prisoner has been good. 

No. 30. Henry O'Brien. Convicted of larceny : 
Superior Court, Suffolk County, August, 1873. Sentenced 
to one year in house of correction. Pardon granted 
June 25, 1874, solely on account of prisoner's severe ill- 
ness. Prison physician certified that consumption was 
making rapid progress, so that prisoner's life hung on a 
thread, and he could live but a few days. 



926 Special Messages. 

No. 31. Michael Carty. Convicted of rape: Supe- 
rior Court, Berkshire County, January 16, 1871. Sen- 
tenced to state prison for life. Pardon granted June 26, 
1874, on petition of Hon. S. W. Bowerman, Hon. E. H. 
Kellogg, Hon. E. Learned, and others, of Pittsfield ; Hon. 
John Branuing, Alexr. Hyde, and other most prominent 
men of Lee and vicinity. Petition virtually endorsed by 
district-attorney. Previous character of prisoner good ; 
he was young, and committed offence when intoxicated. 
Many extenuating circumstances surrounded the case, and 
at time of trial the law gave the court no discretion in 
matter of sentence. 

No. 32. Thomas R. Stackpole. Convicted of felo- 
nious assault : Superior Court, Essex County, October 23, 
1863. Sentenced to twenty years in state prison. Pardon 
granted June 27, 1874, on earnest recommendation of 
Councillor D. H. Stickney, who had known the prisoner 
for years. Prisoner's conduct in prison had been ex- 
emplary, and the warden had recommended him for a 
Thanksgiving pardon in 1873. He was nearly sixty years 
old, and had served a large part of his sentence. 

No. 33. Peter Daly. Convicted of assault : District 
Court of Central Berkshire, June 13, 1874. Sentenced to 
thirty days in house of correction. Pardon granted June 
30, 1874, on petition of the judge who imposed sentence, 
new evidence appearing which was not presented at the 
trial. Prisoner had wife and six children dependent on 
him, and had borne a good character up to this time. 

No. 34. Charles F. Rogers. Convicted of forgery, 
before Judge Forsaith, Trial Justice of Juvenile Offenders : 
Suffolk County, June 5, 1873. Sentenced to two years in 
house of correction. Pardon granted June 30, 1874, on 
petition of prisoner's father, endorsed by Collector Sim- 
mons, Hon. T. N. Stone, Hon. F. A. Nye, L. L. Good- 
speed, and others. He was a mere lad when offence was 
committed, and w T as thought to be sufficiently punished 
by the justice who imposed sentence, who accordingly 
recommended his pardon. 

No. 35. Thomas J. Hamilton. Convicted of drunken- 
ness : Police Court, Salem, June 25, 1874. Sentenced to 
four months in house of correction. Pardon granted July 
14, 1874, on petition of prisoner's wife, the Council being 
satisfied that the prisoner was sentenced under a misappre- 
hension of the facts. 



Special Messages. 921 

No. 36. Terence' Conlan. Convicted of breaking 
and entering : Superior Court, Middlesex County, Feb- 
ruary 18, 1874. Sentenced to eight months in house of 
correction. Pardon granted July 22, 1874, for the reason 
that the prisoner was in the last stages of consumption, 
and prison physician certified that he could live but a short 
time. He died the latter part of August, 1874. 

No. 37. William K. Scott. Convicted of man- 
slaughter: Superior Court, Essex County, October 26, 
1871. Sentenced to six years in state prison. Pardon 
granted July 22, 1874, on petitions signed by a large 
number of the citizens of Milford, Lawrence and Holliston. 
Prisoner was rather weak-minded, and in love with a young 
lady ; the two intended suicide ; each voluntarily took a 
dose of poison administered by the other, prisoner having 
purchased it. The young lady died from the effects of the 
poison. Council regarded the crime as purely technical, 
and considered that it had been fully expiated. 

No. 38. Erlon H. Benjamin. Convicted of larceny ; 
five indictments : Superior Court, Hampshire County, 
June 23, 1871. Sentenced to six years, in all, in state 
prison. Pardon granted July 22, 1874, on petition of a 
large number of the citizens of Pelham, including select- 
men, endorsed by Hon. S. T. Spaulding and Sheriff 
Longley. Prisoner was young, led to wrong-doing by his 
associate, who had been previously pardoned. 

No. 39. Cornelius J. Sullivan. Convicted of lar- 
ceny : Trial Justice of Juvenile Offenders, Judge For- 
saith, Suffolk County, June 2, 1874. Sentenced to six 
months in house of correction. Pardon granted July 28, 
1874, on petition of prisoner's mother, who had purchased 
tickets for herself and family, intending to return to Wales, 
her native country. Pardon granted on condition that 
prisoner go to Wales with his parents, which he promised 
to do. 

No. 40. Patrick AValsh. Convicted of receiving 
stolen goods : Superior Court, Worcester County, May 
21, 1873. Sentenced to two years in house of correction. 
Pardon granted August 4, 1874, on petition of Hon. Henry 
Chapin, Win. P. Chase, Samuel Brown, C. C. Houghton. 
Recommended by the district-attorney, and by the officer 
who made the complaint. The amount of propert} 7 stolen 
was small, and the Council regarded the prisoner as having . 
been sufficiently punished. Conduct in prison was good. 



928 Special Messages. 

No. 41. Christopher Gagin. Convicted of assault 
with intent to commit rape : Superior Court, Suffolk 
County, February 24, 1872. Sentenced to three years in 
house of correction. Pardon granted August 4, 1874, on 
petition of John S. Smith, Patrick Collins, Dennis Cawley, 
Jr., and about twenty other citizens of Boston, on account 
of sickness. In opinion of prison physician, prisoner 
could not survive the term for which he was sentenced. 
Pie died soon after his release. 

No. 42. John McCort. Convicted of manslaughter : 
Superior Court, Middlesex County, December 11, 1868. 
Sentenced to fourteen years in state prison. Pardon 
granted August 19, 1874, on petition of a very large 
number of the most prominent and respectable citizens 
of Somerville. Strongly recommended by Councillor 
Brastow. The crime was committed under great provoca- 
tion, and the Governor and Council were satisfied that the 
prisoner did not intend harm to his wife. District-Attorney 
Morse was of opinion that the sentence was for too long a 
period. Prisoner's conduct in prison was excellent, and 
his previous reputation and character good. 

No. 43. Michael Colbert. Convicted of assault: 
Superior Court, Suffolk County, November, 1873. Sen- 
tenced to eighteen months in house of correction. Pardon 
granted September 1, 1874, on petition of Hon. Hugh J. 
Tolancl, James J. Flynn, P. Barry, Thomas F. Fitzgerald, 
and other citizens of South Boston. Prisoner was first 
tried before Municipal Court, by which a sentence of only 
six months was imposed. On appeal he was sentenced as 
above. Offence was not a serious one ; sentence seemed 
too severe, and prisoner was thought to have been suffi- 
ciently punished. 

No. 44. Richard Carlin. Convicted of assault : Mu- 
nicipal Court, Boston, May 13, 1874. Sentenced to four 
months in house of correction. Pardon granted Septem- 
ber 1, 1874, on petition of prisoner's wife, who made the 
complaint. She was in destitute circumstances, and needed 
the help of her husband, who could have work if pardoned. 
Pardon was recommended by the judge who imposed 
sentence. 

No. 45. Robert Cheever. Convicted of larceny : 
Municipal Court, Charlestown, June 11, 1874. Sentenced 
to six months in house of correction. Pardon granted 
September 1, 1874, on his own petition. The complain- 



Special Messages. 929 

ant and the judge who imposed sentence both certified that 
they had good cause to doubt the guilt of prisoner from 
facts learned since trial, and recommended pardon. No 
other criminal charge ever brought against prisoner, so far 
as known. 

No. 46. Willard H. Higgins. Convicted of intent 
to defraud boarding-house keeper : South Boston Muni- 
cipal Court, August 4, 1874. Sentenced to pay fine of 
twenty-five dollars and costs. Committed for non-pay- 
ment. Fine remitted and pardon granted, August 11, 
1874, on petition of complainant and father of prisoner. 
Prisoner disclaimed intent to defraud ; paid all money due 
for board immediately on arrest ; had none left to pay 
fine. Father was poor, resided in Maine, and would take 
son home if pardoned. This was prisoner's first offence, 
and the Council believed the sentence was imposed under 
a misapprehension. 

No. 47. Timothy Cadigan. Convicted of larceny : 
Superior Court, Hampden County, December, 1869. Sen- 
tenced to five years and three months in state prison. 
Pardon granted September 1, 1874, on petition of prison- 
ers sister, Thomas B. Aikens, Joel Kenney, A. R. Quimby, 
and others, of Springfield ; endorsed by Hon. Eliphalet 
Trask. District-attorney interposed no objections to par- 
don, as parties whose property was stolen thought prisoner 
had been sufficiently punished. Prisoner and a twin 
brother were both convicted of same offence. Prisoner's 
sentence was three months longer than his brother's. The 
brother was to be released September 1, 1874. Prisoner 
was pardoned on same day, in order that the twin-brothers, 
who had never been separated, might leave prison together. 

No. 48. Thomas Leary. Convicted of breaking and 
entering, and of an assault : Superior Court, Essex County, 
February 6, 1874. Sentenced on both indictments to two 
years in house of correction. Pardon granted September 
22, 1874, on the recommendation of keeper of house of 
correction, Dr. Y. G. Hurd, solely for the reason that 
prisoner was hopelessly sick with pulmonary consump- 
tion. He died in Lawrence about three weeks after his 
release. 

No. 49. Nicholas J. O'Brien. Convicted of assault : 
Superior Court, Suffolk County, April 19, 1873. Sen- 
tenced to two years in house of correction. Pardon 
granted September 26, 1874, on petition of prisoner's 

44 



930 Special Messages. 

mother, endorsed by Hon. P. A. Collins, Hon. Hugh J. 
Toland, Hon. Geo. A. Shaw, T. J. Dacey, E. B. Rankin, 
and some twenty other members of the legislature of 1874. 
Prisoner committed the assault under very great aggrava- 
tion, and the Council were inclined to believe the sentence 
too long. In this the assistant district-attorney apparently 
coincided. 

No. 50. Freeman Clark. Convicted of adultery : 
Superior Court, Plymouth County, June 18, 1873. Sen- 
tenced to two years in house of correction. Pardon 
granted September 26, 1874, on petition of a very large 
number of citizens of Mattapoisett. Council felt that 
there was reason to believe that the witnesses on whose 
testimony prisoner was convicted were guilty of perjury. 

No. 51. Daniel Wilson. Convicted of robbery: 
Superior Court, Suffolk County, January 14, 1873. Sen- 
tenced to five years in house of correction. Pardon 
granted September 26, 1874, on petition of citizens of 
Millville, New Jersey, where mother and brothers of the 
prisoner reside. Prison physician certified that prisoner 
was afflicted with cancers ; was reduced to a very low 
state of health; was constantly losing ground, and could 
live but short time. 

No. 52. John Donovan. Convicted of breaking and 
entering : Superior Court Middlesex County, February 18, 

1873. Sentenced to two years in house of correction. 
Pardon granted October 2, 1874, on petition of J. H. 
Cotton, E. T. Swift, and others, of Charlestown, for the 
reason that prisoner was a mere lad when the offence was 
committed, was intoxicated at the time, and was believed 
to have been sufficiently punished. 

No. 53. John Quinn. Convicted of breaking and 
entering : Superior Court, Middlesex County, February 
18, 1873. Sentenced to two years in house of correction. 
Pardon granted October 2, 1874, on petition of J. H. 
Cotton, E. T. Swift, Alexander Campbell, and others, of 
Charlestown, for the reasons that when offence was com- 
mitted, prisoner was very young, was intoxicated, and is 
believed now to be reformed. The sentence seemed severe 
and disproportionate to the offence committed. 

No. 54. Henry Gooden. Convicted of drunkenness, 
and of assault: Municipal Court, Boston, August 24, 

1874. Sentenced to pay fine of three dollars and costs, 
and to house of industry for three months. Pardon 



Special Messages. 931 

granted October 5, 1874, on petition of Rev. Robert Ful- 
ton, Hon. Martin Griffin, Patrick Donahoe, and others, of 
Boston. Prisoner's wife was in delicate health and needed 
his assistance. Former employers, T. S. Clogston & Co., 
certified to prisoner's previous good character and indus- 
trious habits. He was intoxicated when offence was com- 
mitted, and there was doubt of his intent to commit an 
assault. The judge who imposed sentence inclined to favor 
a pardon. 

No. 55. Michael Larkin. Convicted of maintain- 
ing liquor nuisance : Superior Court, Worcester County, 
May 25, 1874. Sentenced to pay a fine of fifty dollars 
and costs, and be imprisoned nine months in house of cor- 
rection. Pardon granted October 15, 1874, on petition 
of Hon. Alvah Crocker, Hon. Amasa Norcross, Col. J. 
W. Kimball, Henry S. Hitchcock, the complainant, and 
other citizens of Fitchburg. Sentence imposed by lower 
court was a fine of fifty dollars and costs only. On ap- 
peal to superior court, prisoner was sentenced as above. 
This was the first conviction for the offence named, and a 
very unusual sentence therefor. Governor and Council 
considered it excessive, and pardon was granted on pay- 
ment of fine by prisoner. District-attorney approved par- 
don, and thought sentence severe. 

No. 56. James C. Murphy. Convicted of keeping 
liquor nuisance : Superior Court, Worcester County, May 
18, 1874, on two indictments. Sentenced on both to pay 
fine of one huudred dollars and costs, and to six months 
in house of correction. Pardon granted October 15, 
1874, on petition of Hon. Amasa Norcross, Hon. Alvah 
Crocker, Col. J. W. Kimball, and others, of Fitchburg, 
to take effect on payment of the fine. Prisoner had wife 
and five children dependent upon him, who were in a suf- 
fering condition. The sentence was considered to be too 
severe. 

No. 57. Cornelius Coughlin. Convicted of breaking 
and entering : Superior Court, Suffolk County, October, 
1873. Sentenced to two years in house of correction. 
Pardon granted October 20, 1874, on petition of prison- 
er's mother, who was aged and infirm. Recommended by 
J. H. Bufford & Sons, John G. Healy, and J. D. Van 
Duzee, because of sickness of prisoner. Prison phy- 
sician certified that, under continued imprisonment, the 
scrofula, which was undermining the prisoner's health, 



932 Special Messages. 

would soon involve the lungs, and that death would rap- 
idly follow. 

No. 58. Patrick Doherty. Convicted of larceny 
from building : Superior Court, Suffolk County, Decem- 
ber 16, 1873. Sentenced to one year in house of correc- 
tion. Pardon granted October 28, 1874, on petition of 
prisoner's brother. Prisoner had never before been 
arrested for, or charged with, any -crime, and had borne 
an excellent character. He committed the offence when 
intoxicated. From evidence submitted, Governor and 
Council believed prisoner wholly reformed, and that he 
would make a good citizen. 

No. 59. Jeremiah Harrington. Convicted of break- 
ing and entering : Superior Court, Middlesex County, 
October, 1872. Sentenced to three years in state prison. 
Pardon granted October 28, 1874, on petition of Hon. 
A. J. Bailey, Robert R. Wiley, S. S. Willson, and other 
citizens of Charlestown. Recommended by E. T. Swift, 
chief of police at time of prisoner's arrest. This was the 
only complaint ever brought against prisoner, so far as 
known ; his previous character had been good, and the 
Council believed that he had been sufficiently punished. 

No. 60. William Ross. Convicted of assault : Muni- 
cipal Court, Boston, October 8, 1874. Sentenced to pay 
fine of thirty dollars and costs, and committed to house of 
correction for non-payment. Pardon granted October 28, 
1874, on petition of his mother, who resides in St. John, 
N. B. She was poor ; needed prisoner's assistance. 
Prisoner was young ; had been but short time in Boston ; 
was naturally well-disposed, but had been in bad company 
since coming here. He was pardoned on condition that 
he return immediately to St. John, with his mother, which 
he did the same day. 

No. 61. William R. Smith. Convicted of drunken- 
ness, — second offence : Police Court, Salem, September 
24, 1874. Sentenced to two mouths in house of correc- 
tion. Pardon granted October 30, 1874, on petition of 
Walter A. Kegar, Eben N. Walton, Ira H. Bigelow, and 
some fifteen other citizens of Salem. Prisoner was a smart, 
capable, industrious man when not in liquor. Had an 
occasional spree, which seemed his only failing. His 
business and family were suffering for want of his care, 
and the Council thought that the punishment he had received 



Special Messages. 933 

was sufficient to justify a belief that he would conduct him- 
self better hereafter. 

No. 62. Frederick S. Blodgett. Convicted of rape: 
Superior Court, Worcester County, October 27, 1868. 
Sentenced to state prison for life. Pardon granted October 
30, 1874, on petition of Hon. Luther Hill, William Upham, 
the selectmen and other prominent citizens of Spencer. 
Recommended by the woman on whom the rape was 
committed, and by her husband also. Offence was not 
committed under circumstances of special aggravation. 
Prisoner was intoxicated at the time. Court then had no 
discretion in matter of sentence. District-attorney felt 
sure that under present law, prisoner would have received 
but five or six years' sentence. He therefore recommended 
a pardon. 

No. 63. John Donovan. Convicted of assault: Bos- 
ton Municipal Court, September 15, 1874. Sentenced to 
three months in house of industry, Pardon granted 
October 30, 1874, on petition of prisoner's wife, on whom 
assault was committed ; recommended by Patrick Donahoe. 
Granted for the reason that prisoner's wife was in a delicate 
state of health, and it was believed that prisoner would 
do better in the future. Was intoxicated at time of assault. 

No. 64. James Crowley. Convicted of highway 
robbery : Superior Court, Suffolk County, July, 1872. 
Sentenced to three years in house of correction. Pardon 
granted November 19, 1874, on petition of prisoner's 
father, endorsed by the Hon. Geo. A. Shaw and Patrick 
Donahoe, solely for the reason that the prisoner was in 
last stages of consumption. His pardon was earnestly 
recommended by the prison physician, who thought he 
could live but a few weeks. 

No. 65. John Flanagan. Convicted of breaking and 
entering, and larceny, two indictments : Superior Court, 
Suffolk County, January 21, 1873. Sentenced on both to 
two and half years in house of correction. Pardon granted 
November 23, 1874, on petition of William Eustace, 
Patrick Donahoe, Francis H. Ward, and others. Prisoner 
was young ; his previous character had been good ; had 
never been arrested before. At time offence was com- 
mitted prisoner was intoxicated, and led on by an old 
offender, whose conviction was secured by information 
furnished by prisoner. His pardon was recommended by 
his former employer, Moses K. Abbott, whose store was 



934 Special Messages. 

entered, and who promised again to take him into his 
employ. 

No. 66. William Underwood. Convicted of burn- 
ing a building : Superior Court, Middlesex County, July 
3, 1873. Sentenced to two and half years in house of cor- 
rection. Pardon granted November 25, 1874, on petition 
of Hon. E. D. Winslow, A. I. Benyon, Eben Tourjee, 
and some ninety other prominent citizens of Newtou. It 
was strongly recommended by the district-attorney, who 
tried the indictment, for the reasons that prisoner furnished 
evidence, as a government witness, which led to conviction 
of an older offender ; that he was very young ; had been 
influenced by others ; and had previously- borne a good 
character. 

No. 67. Michael Eagax. Convicted of assault on 
officer : Municipal Court, Charlestown, September 11, 
1874. Sentenced to pay fine of twenty dollars and costs, 
and committed to jail for non-paj'inent. Fine remitted 
and pardon granted November 25, 1874, on petition of 
Horace Chapin, secretary of overseers of the poor at 
Somerville. Prisoner was poor ; unable to pay fine ; had 
a wife and four children, who were a public charge during 
his imprisonment ; he was generally steady and industrious : 
was intoxicated when he committed the assault ; promised 
to sign the pledge, if pardoned, and could at once obtain 
steady employment. 

No. 68. William McGrath. Convicted of murder, 
second degree : Supreme Judicial Court, Worcester 
County, June, 1868. Sentenced to state prison for life. 
Pardon granted for Thanksgiving day. Crime was com- 
mitted under very great provocation, and there was no 
positive evidence that it was premeditated. Prisoner's 
conduct and character, previous to commission of this 
act, had been good. He had worked about twenty years 
for one corporation in Worcester, and had been generally 
respected, no other charge than this ever having been 
brought against him. His pardon had previously been 
asked for by Hon. Henry Chapin, Hon. Clark Jillson, C. 
W. Rice, and others, of Worcester. He was recom- 
mended by the warden for a Thanksgiving pardon. 

No. 69. Michael Ryan. Convicted of robbery : 
Superior Court, Suffolk County, June, 1866. Sentenced 
to twelve years in state prison. Pardon granted for 
Thanksgiving day, on recommendation of the warden. 



Special Messages. 93^ 

His conduct in prison had been excellent ; he had served 
more than two-thirds of his sentence, when credited with 
the reductions of time earned by good behavior. 

No. 70. Timothy Cronan. Convicted of rape : Supe- 
rior Court, Suffolk County, July, 1862. Sentenced to 
state prison for life. Pardon granted November 25, 1874. 
Petitioned for by Albert Bowfcer, Nehemiah Gibson, Hon. 
Elisha Pote, D. D. Kelley, and others, of East Boston. 
Offence committed when drunk. At time of sentence, 
court had no discretion in matter of sentence. Under 
existing laws, prisoner would probably have received a 
sentence no longer than the time he has already served. 
His pardon was recommended by the warden on account 
of exemplary conduct during imprisonment. 

No. 71. John Ryan. Convicted of manslaughter: 
Supreme Judicial Court, Suffolk County, October, 1865. 
Sentenced to fifteen years in state prison. Pardon granted 
for Thanksgiving day, prisoner having been recommended 
therefor by the warden on account of his exemplary con- 
duct during imprisonment. The Council believed the 
crime to have been wholly unpremeditated. 

No. 72. Horace Briggs. Convicted of larceny : 
Superior Court, Suffolk County, December, 1873. Sen- 
tenced to one year in house of correction. Pardon granted 
December 9, 1874, on his own petition, endorsed by 
Oliver Dean, I. W. Wattles, and some thirty other citi- 
zens of Canton and adjoining towns. His previous 
character had been good ; conduct during imprisonment 
excellent. His term would have expired December 15, 
and his friends urged that the effect of a pardon would be 
beneficial, and stimulate prisoner to good behavior. 

No. 73. Henry Thomas. Convicted of assault : Supe- 
rior Court, Suffolk County, March, 1874. Sentenced to 
one year in house of correction. Pardon granted Decem- 
ber 15, 1874, on petition of prisoners wife, James Alex- 
ander, agent of Cunard Steamship Company, Maj. Lewis 
Gaul, and others. The assault was committed in one of 
the most disreputable drinking and gaming houses in 
Boston, the prisoner being provoked thereto by one of 
the proprietors of said house, whom the Council believed 
to be the more guilty party. 

No. 74. William Ross. Convicted of larceny : Supe- 
rior Court, Suffolk County, February, 1874. Sentenced 
to eighteen mouths in house of correction. Pardon granted 



936 Special Messages. 

December 15, 1874,- on petition of Messrs. Gibbs & Stin- 
son, who were the complainants. Prisoner was a Scotch- 
man, had been but about six months in this country, in 
employ of complainants. He had no friends here, and the 
prospect of losing situation prompted him to commit the 
crime, prior to which he had always been regarded as an 
honest and faithful clerk. Property taken was all returned 
by prisoner, and complainants urged his pardon, and 
promised again to take him into their employ. 

No. 75. William Enright. Convicted of larceny : 
Superior Court, Berkshire County, July 24, 1874. Sen- 
tenced to one year in house of correction. Pardon granted 
December 22, 1874, on petition of Hon. E. H. Kellogg, 
O. W. Robbins, James A. Burbank, and fifteen other 
citizens of Pittsfield, and among them the complainant. 
Prisoner was advised to plead guilty of larceny of a coat, 
— which was of small value, — against his own protesta- 
tions of innocence of any intentional larceny. His pardon 
was recommended by Sheriff Root, and also by the district- 
attorney, who stated that the coat was taken under cir- 
cumstances which would not have sustained charge of 
larceny, if prisoner had not lied about it afterwards. 

No. 76. John Sullivan. Convicted of malicious mis- 
chief and larceny, two complaints : Police Court, Cam- 
bridge, August 27, 1874. Sentenced to eight months in 
house of correction. Pardon granted December 22, 1874, 
on petition of his father, endorsed and recommended by 
the complainant, and the chief of police of Cambridge. 
Pardon was also favored by the judge who imposed 
sentence. Previous character of prisoner was good ; had 
never before been charged with crime. 

No. 77. John O'Connell. Convicted of larceny in 
building, on four complaints : Central District Court of 
Worcester, July 27, 1874. Sentenced on all to eight 
months in house of correction. Pardon granted Decem- 
ber 22, 1874, on petition of George Crompton, and others, 
of Worcester. The larcenies were all committed at the 
same time, prisoner having taken some tools belonging to 
four different individuals, amounting in value to thirty 
dollars. Had all belonged to one person, sentence would 
have been much shorter. Pardon was approved by com- 
plainants and by the judge who imposed sentence. 

No. 78. Maria Costello. Convicted of larceny : 
Police Court, Lynn, October 12, 1874. Sentenced to 



Special Messages. 937 

four months in house of correction. Pardon granted 
December 22, 1874, on petition of prisoner's father, en- 
dorsed by T. B. Newhall,*of Lynn. Prisoner was quite 
young, her mother was not living, and the care of quite a 
family of smaller children devolved upon her. This was 
her first offence, and her previous conduct had been exem- 
plary. Pardon was favored by the judge who imposed 
sentence. 

No. 79. James Albert Snow. Convicted of sodomy : 
Superior Court, Suffolk County, March, 1873. Sentenced 
to seven years in state prison. Pardon granted December 
22, 1874, on petition of Hon. Mellen Chamberlain, Hon. 
Chas. H. Ferson, Wm. R. Pearmain, Hon. Eustace C. 
Fitz, and some twenty-five other of the most prominent 
citizens of Chelsea, strongly urged by Councillor Frost. 
Prisoner's conduct had always been good, never having 
been charged with any offence before the commission of 
this crime. It was clearly shown to the Council that his 
previous character had been above reproach ; they felt 
some doubt as to his guilt of the offence charged, and 
believed that the punishment endured would have upon 
him as good an effect as if he served his whole sentence. 

No. 80. Thomas Hughes. Convicted of breaking and 
entering, and larceny : Superior Court, Suffolk County, 
November, 1872. Sentenced to three years in house of 
correction. Pardon granted December 28, 1874, on peti- 
tion of Peter McNaught, E. E. Stone, Robert F. Scotland, 
and a dozen other citizens of Boston. This was prisoner's 
first offence ; he had served more than two-thirds of his 
sentence, had behaved well in prison, and he was repre- 
sented to have been a sober and industrious man. Council 
was assured that, if released, he could at once obtain work, 
and would be looked after by his friends. 

No. 81. William Emerson. Convicted of rape : Supe- 
rior Court, Middlesex County, March 12, 1874. Pardon 
granted January 1, 1875, on petition prisoner's father, 
Rev. Dr. Edson, Hon. John A. Knowles, Henry B. Per- 
kins, and some twenty other prominent citizens of Lowell. 
The boy was young, and it was extremely doubtful Whether 
he participated in the crime other than by his presence, 
which was accidental. Several others who were present 
acknowledged their own guilt, and asserted Emerson's 
innocence. Prisoner had never before this been arrested 
for, or charged with, any crime ; was steady and iudustri- 

45 



938 Special Messages. 

ous, and well known in Lowell, where public sentiment, 
as represented by mayor Jewett, City Marshal Clemence, 
and a large number of business men, who appeared before 
the pardon committee, strongly urging a pardon, sustained 
the belief in the boy's innocence of the crime charged. 

No. 82. Orlando Barrows. Convicted of larceny 
from building : Superior Court, Bristol County, December 
15, 1873. Pardon granted January 1, 1875, on his own 
petition, strongly urged and recommended by Dr. H. B. 
Wheelwright. Judge Fox, before whom prisoner was first 
arraigned, and the district-attorney, both stated that facts 
coming to light since trial, show that the offence was not 
so great as at that time appeared. Sheriff Cobb coincided 
in this opinion, and recommended a pardon, Prisoner 
was weak-minded, and arrangements had been made by 
which he would hereafter be properly cared for. 

No. 83. Frank W. Eastman. Convicted of arson : 
Superior Court, Berkshire County, July 13, 1870. Sen- 
tenced to five years in state prison. Pardon granted Janu- 
ary 2, 1875, on the petition of W. F. Darby, C. Bailey, 
S. Blackinton, H. P. Goodrich, and some twenty-five other 
residents of Adams, strongly recommended by Hon. Shep- 
ard Thayer, and not opposed by the district-attorney. 
Prior to this offence, prisoner had borne good character ; 
was never previously charged with any crime. He was 
weak-minded ; was compelled by older offenders to take 
the part he did in this crime, after he had become partially 
stupefied by liquor forced upon him by them. One of 
prisoner's associates in this crime has already been par- 
doned on account of sickness, and since died. Prisoner 
is believed to be reformed. But a few mouths more of his 
sentence remained to be served. 

No. 84. Hiram D. Pierce. Convicted of adultery : 
Superior Court, Berkshire County, January 25, 1873. 
Sentenced to two and half years in house of correction. 
Pardon granted January 2, 1875, on petition of George 
M. Mowbray, Hon. Sylvander Johnson, John F. Arnold, 
Lyman F. Flagg, and about a hundred other respectable 
men of Adams. Prisoner's character had been good pre- 
vious to this offence ; he had served honorably in the late 
war of the rebellion in the quota of New York ; had never 
before been charged with any crime ; had served nearly 
his full sentence, which is much more severe than is usually 
imposed upon persons convicted of the offence charged. 



Special Messages. 939 

No. 85. Burton C. Harding. Convicted of forgery : 
Superior Court, Berkshire County, January 23, 1873. 
Sentenced to four years in house of correction. Pardon 
granted January 5, 1875, on petition of prisoner's wife, 
R. B. Cheney, Albert Toluaan, H. M. Peirson, Rev. 
Thomas Crowther, and fifteen other citizens of Pittsfield. 
The prisoner, prior to this offence, had been a sober, 
industrious man, of good moral character, and was re- 
spected by all who knew him. It appeared to the Council 
that he forged the paper under financial embarrassment, 
with no intent to defraud, but meaning subsequently to 
redeem it. Party whose name was forged signed the peti- 
tion. The Council believed prisoner had been sufficiently 
punished. 

No. 86. John O'Brien. Convicted of rape : Superior 
Court, Middlesex County, November 27, 1865. Sentenced 
to state prison for life. Pardon granted January 6, 1875, 
on petition largely signed by residents of Hopkinton. 
Recommended by Hon. Charles R. Train, Theo. C. Hurd, 
A. C. Mayhew, and others. Prisoner had served in the 
United States army during late war, and was honorably 
discharged at its close. At time of prisoner's trial the 
Court had no discretion in matter of sentence. Under 
existing laws, he probably would not have received a 
longer sentence than the term already served. His con- 
duct during imprisonment had been good. 

No. 87. Robert Johnson. Convicted of keeping 
liquor nuisance : Superior Court, Suffolk County, Decem- 
ber, 1874. Sentenced to pay fine of seventy-five dollars 
and costs, and to three months in house of correction. 
Pardon granted January 6, 1875, on petition of Geo. 
Lane, H. G. Tucker, Hugh & Rumney, and some twenty- 
five other business men and firms of Boston, and recom- 
mended strongly by Hon. J. A. Harwood. The pardon 
was granted on condition that the fine be paid by prisoner. 
It appeared that he was respectably connected, had borne 
a good reputation, sullied only by the nature of his busi- 
ness for which he was convicted. He had abandoned the 
liquor business at the time of his sentence, and his friends 
guaranteed that he would not again resume it. 



940 Special Messages. 

[To the Senate and House of Representatives, January 13.] 

I have the honor herewith to lay before the General 
Court the Eeport of the Commissioners on the Lee & New 
Haven Railroad. 

{To the House of Representatives, January 20.] 

I have the honor to transmit herewith the Annual 
Report of the Adjutant-General of the Commonwealth for 
the year ending the 31st of December, 1874. 

[To the Senate, January 22.] 

I have the honor to transmit herewith certain Resolu- 
tions of the legislature of the State of Virginia in reference 
to Federal interference in the civil affairs of the State of 
Louisiana. 

[To the Senate aud House of Representatives, February 9.] 

In compliance with the request of the legislature, I have 
the honor herewith to transmit for the information of the 
General Court copies of such papers relating to the 
erection of a new State Prison as are on the files of the 
Executive Department for the year 1874. 

[To the Senate, March 4.] 

I have the honor herewith to transmit for the informa- 
tion and use of the General Court, the last Annual Report 
of the Trustees of the Massachusetts Agricultural College, 
with accompanying documents. 

[To the Senate and House of Representatives, March 6.] 

I have the honor to transmit herewith, for appropriate 
disposition by the General Court, copies of Joint Resolu- 
tions of the legislatures of the States of Georgia, Missouri, 
Pennsylvania, Ohio, Delaware and West Virginia. 

[To the Senate and House of Representatives, April 1.] 

I have the honor to inform the legislature that, in com- 
pliance with its request, I have caused the Regimental 
color of the 54th Regiment of Massachusetts Volunteers to 
be placed with the battle-flags in Doric Hall, where the 
National color of this regiment and the staff from which this 
flag was torn in action were long ago placed. For the 
possession of this flag I am indebted to the courtesy of 
Gen. R. S. Ripley, a copy of whose letter I transmit here- 
with. I have also, in further compliance with the request 
of the legislature, acknowledged the receipt of the flag by 



Special Messages. 941 

a letter to Gen. Ripley, a copy of which I also transmit 
herewith. 

[To the House of Representatives, April 30.] 

In compliance with the request of the House of Repre- 
sentatives, I have the honor to transmit herewith, for the 
information of the General Court, an estimate of the sums 
of money needed to enable the Governor and Council to 
perform the labor imposed upon them by chapter seventy- 
seven of the Acts of the present year. 



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S3 
X 


a 

CD 
CD 

u 


a" 

o 


- 


S3 


cd" 

•a 

Si 

Q 


o 


to 


• 


CD 


H 


a 
o 

c 


>-, 


r. 


• 


;, 




Ph 


- 


O 


-J 




c 
d 

CD 
S3 

■- 


>> 




g 


s 


be 

o3 

CO 

s 


CD 

s 

CD 

pq 

"3 
,a 

03 
co 

—i 


CD 

z 


h-5 

d 

CD 
CD 

a 


33 

o 


z 

g 


CD 

— 

c3 

d 

< 


CD 
S3 

c3 
O 


a 

- 


c 

-J 

co 
CD 

be 
< 


d 
«S 

S3 

►a 

— 


S3 

X 

a 

D 

2 


CD 

a 
o 

p^ 

Si 
CD 


5 








































































Q 


S 


































o 


« 


































•2 


os 


h- 


t- 


rh 


■* 


CO 


,_, 


p^ 


(N 


oc 


r^ 


r- 


r- 


i^ 


i- 


c 


O 


A 


a) 
P 










CN 


"ft 
CD 
X 




CN 


+3 

a 

3 


ex 


T) 


(N 


CN 


t) 


T— 1 

o 
525 


rl 



Change of Names. 



951 



-s a % D -s 

t-Q S ^