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

ACTS

RESOLVES

PASSED BY THE

d^^Mral ^m\i oj ^ixMuhmdh,

IN THE YEAR

1 8 re,

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).

1876.

A CONSTITUTION

FORM OF GOVERNMENT

FOn THE

Commonijjealtij of IHassacfjusetts*

PEEAMBLE.

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 ho5^f,?,^'e£'
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 into an original, ex-
plicit and solemn compact with each other ; and of forming

i^iy

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 estaljlish the fol-
lowing Declaration ^Rights and Frame of Government ^ as
the Constitution of the Common^vealth of Massachu-
setts.

Equality and
natural rights
of all men.

Right and duty
of public relig.
iouB worship.

Protection
therein.

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

Legislature cm.
powered to com-
pel provision for
public worship;

PART THi; FIRST.

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

Art. I. All men are born free and equal, and have cer-
tain natural, essential and unalienable rights ; among which
may be reckoned the right of enjoying and defending their
lives and liberties ; that of acquiring, possessing and pro-
tecting property ; in fine, that of seeking and obtaining
their safety and happiness.

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

[TIT.* As the happiness of a people, and the good order and preser-
vation of civil government, essentially depend upon piet}', 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
public instructions in piety, religion and morality : Therelure, to pro-
mote their happiness, and to secure the good order and preservation
of their Government, the people of this Commonwealth have a riglit to
invest their legislature with power to autliorize and retjuire, and the
legislature shall, from time to time, authorize and require the several
towns, jiarislies, precincts, and other l)odies politic, or religious socie-
ties, to make suitable provision, at their own expense, for tlie 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 tliereto which have become inoperative, by reason of subsequent
amendments, are printed in smaller type and enclosed in brackets :
obsolete I'orLiona of articles, in some instances confined to a sentence
or single word, are covered by brackets, but allowed to stand in t)pe
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, and to enjoin at.
invest their legislature with authority to enjoin upon all the subjects ^^^ ^"°® * ^'^
an attendance upon the instructions of the public teachers aforesaid,
at stated times and seasons, if there be any on whose instractions they
can conscientiously and conveniently attend.

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

And all moneys, paid by the subject, to the support of public worship. Option as to
and of tlie public teachers aforesaid, shall, if he require it, be uniformly Y'^°'^ parochial
applied to the support of the public teacher or teachers of his own re- pSdtunies3,*&c.
ligious sect or denomination, provided there be any on whose instruc- •
tions he attends; otherwise it may be paid towards 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- ^oJjg ^e "uau ^
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*ther^pro-°

IV. The people of this Commonwealth have the sole and Right of seif.
exclusive right of governing themselves as a free, sovereign S™™^"*
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- «'f''"o^<=*'™'^«-
cers of government, vested with authority, whether legis-
lative, executive or judicial, are their substitutes and agents

and are at all times accountable to them.

VI. No man, nor corporation or association of men, have Services ren.
any other title to obtain advantages, or particular and ex- pubifcbdn'^g^he
elusive privileges, distinct from those of the community, pecu/iarprivi.
than what arises from the consideration of services ren- Jeges, heredi-

-I iji IT -\ ^ • • -I 1 ' • -1 *^''y offices are

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

Vil.* Government is instituted for the common good ; objects of goy-

/. J 1 i J • n J ■ T 1 . */. 1 ernment ; right

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

CONSTITUTION OF THE

Right of people
to secure rota-
tion in office.

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

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.

Vni. 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 expeuse 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 i)ublic 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, l)y having recourse to the laws, for all
injuries or wrongs which he may receive in his person,
property or character. He ought to obtain right and jus-
tice freely, and without being obliged to purchase it ; com-
pletely, and without any denial ; promptly, and without
delay; conformably to the laws.

XII. No subject shall be held to answer for any crimes
or ofience until the same is fully and plainly, substantially
and formally, described to him ; or be compelled to accuse,
or furnish evidence against himself. And every subject shall
have a right to produce all proofs that may be favorable to
him ; to meet the witnesses against him face to face, and to
be fully heard in his defence l)y himself, or his counsel, at
his election. And no subject shall l)o 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 laud.

COMMONWEALTH OF MASSACHUSETTS. 7

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

,.,. ° , ., 1 . n -1 4. jury, in criminal

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

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

XIV. Every subject has a right to be secure from all fnfgef/urlreg'!
unreasonable searches and seizures of his person, his uiated.
houses, his papers, and all his possessions. All warrants,
therefore, are contrary to this right, if the cause or founda-
tion of them be not previously supported by oath or
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 iep^,&cr *^^"
in which it has heretofore been otherways used and
practised, the parties have a right to a trial by jury ; and

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

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

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

/.., i/> AT ' J ' n and bear arms.

arms tor the common defence. And as, in time or peace, standing armies
armies are dangerous to liberty, they ought not to be ^'''^serous.
maintained without the consent of the legislature ; and Military power
the military power shall always be held in an exact sub- l^vn! "^^^ °
ordination to the civil authority, and be governed by it.

XVin. A frequent recurrence to the fundamental £i7for"offi?ef'
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 Sa^of^aw*"
their lawgivers and magistrates, an exact and constant ob- |iag[gtrrteB,

8 CONSTITUTION OF THE

servance of them, in the formation and execution of the
laws necessary for the good administration of the Com-
monwealth.
Rightofpcopie XIX. The people have a ri^ht, in an orderly and

to instruct rep- ii ii,®t, i*^

rcscntatives and peaceablc manner, to assemble to consult upon the com-
pcution egis a- ^^^ good ; givc iustructious to their representatives, and to
request of the legislative body, by the way of addresses,
petitions or remonstrances, redress of the wrongs done
them, and of the grievances they suflfer.
Power to ens- XX. The powcr of suspcudiug the laws, or the execu-
their execution, tiou of the laws, ought ucvcr to be exercised but by the
legislature, or by authority derived from it, to be exercised
in such particular cases only as the legislature shall ex-
pressly provide for.
Freedom of de- XXI. The frccdom of deliberation, speech and debate,
reason thereof, in either housc 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 Ico^islaturc ouffht frequently to assemble

Bions, and ob- /.i n t» • /• x- i

jects thereof, for the rcdrcss ot grievances, tor correctmg, strengthen-
ing and confirming the laws, and for making new laws, as
the common good may require.
Taxation found- XXIII. No subsidy, chargc, tax, impost or duties
e onconsen. ^^gj^^ ^^ ^^ established, fixed, laid or levied, under any
pretext whatsoever, without the consent of the people, or
their representatives in the legislature.
Bx post facto XXIV. Laws made to punish for actions done before
awspro ite . ^^^ existcucc of such laws, and which have not been de-
clared crimes by preceding laws, are unjust, oppressive"
and inconsistent with the fundamental principles of a free
government.
Legislature not XXV. No subicct ouj^ht, iu auv icasc, or in any time,

to convict of o ' •/ ' •/ '

treason, &c. to bc declared guilty of treason or felony by the legisla-
ture.
Excessive bail XXVI. No masfistratc or court of law shall demand

or fines, and • i •■> j^- • • _f» • n' a

cruel punish, cxccssivc bail or sureties, impose excessive lines, or innict
Sbucd.^"^"" cruel or unusual punishments.

No soldier to be XXVII. Li tiuic of pcacc, uo soldicr ought to be
2ou8e7unie8s,'^^ quartered in any house without the consent of the owner ;
*'°' and in time of war, such quarters ought not to be made

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

legislature,
citizens exempt XXVIII. No pcrsoii caii ill aiiy case be subjected to
uaruniesB^&c. law-martial, or to any penalties or pains, by virtue of tliat

COMMONWEALTH OF MASSACHUSETTS. 9

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

XXIX. It is essential to the preservation of the rights Judges of su-
of every individual, his life, liberty, property and charac- court! ^" *""^
ter, that there be an impartial interpretation of the laws,

and administration of justice. It is the right of every
citizen to be tried by judges as free, impartial and inde-
pendent as the lot of humanity will admit. It is, there- 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 dklayandie"^*
and judicial powers, or either of them : the executive shall mentl'^^^^'^*'
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 ^°'**''
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 POWER.

Section I.

The General Court.

Art. I. The department of legislation shall be formed Legislative de-
by two branches, a Senate and House of Representatives ; p*""™^" '
each of which shall have a negative on the other.

CONSTITUTION OF THE

See arnend-
mentB, Art. X.

Governor'Bveto.

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

See amend-
ments, Art. I.

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

Courts, &c., may

admiiiinter

outba.

The legislative body [shall assemljle 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 ol:)jections, 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.

in. The general court shall forever have full power
and authority to erect and constitute judicatories and courts
of record, or other courts, to be held in the name of the
Commonwealth, for the hearing, trying and determining
of all manner of crimes, ofl'ences, pleas, processes, plaints,
actions, matters, causes and things, whatsoever, arising or
happening -within the Commonwealth, or between or con-
cerning persons inhal)iting 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 arc 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
any matter in controversy, or depending before them.

IV. And further, full power and authority are hereby General court
given and granted to the said general court, from time to &c.f '''''^'^^ '^^^
time, to make, ordain and establish all manner of wholesome
and reasonable orders, laws, statutes and ordinances, direc-
tions and instructions, either with penalties or without, so
as the s;une 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 fo»
naming and settling, all civil officers within the said Com- appointment'of
mon wealth, the election and constitution of whom are not <'*^<='^"J
hereafter in this form of government otherwise provided
for; and to set forth the several duties, powers and limits, prescribe their

. duties '

of the several civil and military officers of this Common-
wealth, and the forms of such oaths, or affirmations as
shall be respectively administered unto them for the execu-
tion of their several offices and places so as the same be
not repugnant or contrary to this constitution ; and to impose taxes;
impose and levy proportional and reasonable assessments,
rates and taxes, upon all the inhabitants of, and persons
resident, and estates lying, within the said Commonwealth ;
and also to impose and levy reasonable duties and excises duties and ex-
upon any produce, goods, wares, merchandise and com- "^'^^'
modities wdiatsoevcr, brought into, produced, manufac-
tured, or being "within the same; to be issued and dis- to be disposed
posed of by warrant, under the hand of the governor of protection°&c.
this Commonwealth, for the time being, with the advice
and consent of the council, for the public service, in the
necessary defence and support of the government of the
said Commonwealth, and the protection and preservation
of the subjects thereof, according to such acts as are or
shall bo in force wdthin the same.

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

12 CONSTITUTION OF THE

CHAPTER I.
Section H.

Senate.

Senate, number [Art. I. There shall be annually elected, by the freeholders and
of, andbywhom other inhal)itants of this Commonwealth, qualified as in this constitution
is provided, forty persons to be councillors and senators, for the year
Bee amend. ensuing their election ; to be chosen by the inhabitants of the disti'icts,
ments. Arts. into wliich the Commonwealth maj^ from time to time, be divided by
Md X^l'^^" ^-^^ general court for that piu'pose : 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 make known, to the inliabitants of the Common-
wealth, the limits of each district, and the number of councillors and
senators to be chosen therein : provided, that the number of such dis-
tricts shall never be less than thirteen ; and that no distiict be so
large as to entitle the same to choose more than six senators.
Counties to be And the several counties in this Commonwealth shall, until the
districts, until, general court shall determine it necessary to alter the said districts, be
See amend- districts for the choice of councillors and senators, (except that the
ments. Arts. counties of Dukes county and Nantucket shall form one district for
Xm.andXXn. ^^jjj^j. pui-pose,) and shall elect the following number for councillors
and senators, viz. : —

Suffolk, six ; Essex, six ; Middlesex, five ; Hampshire, four ; Plym-
outh, three ; Barnstable, one ; Bristol, three ; York, two ; Dukes
county and Nantucket, one ; Worcester, five ; Cumberland, one ; Lin-
coln, one ; Berkshire, two.]

Manner and 11. The Seuate shall be the first branch of the legisla-

sMatora and"* tiu'e ; [and the senators shall be chosen in the following
councillors. manner, viz. : there shall be a meeting on the first Mou-
Bee amend- day in April, annually, forever, of the inhabitants of each
n^x.'.xrv. town in the several counties of this Commonwealth, to be
and XV. 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 couu-
flce amend- cillors ; aud at such meetings every male inhabitant of
xx!!*xxiuP'' twenty-one years of age and upwards, having a freehold
and XXIV. estato, 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
word'Mnhabi- the distHct of whicli he is an inhabitant.] And to remove
taut etjued. ^|j doubts conccmiiig 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 olllce or place within this State, in that
town, district or plantation where he dwellcth or hath his
home.

COMMONWEALTH OF MASSACHUSETTS. 13

The selectmen of the several towns shall preside at such Selectmen to
meetings impartially, and shall receive the votes of all the 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 shall be sealed up, directed to the sec-
retary of the Commonwealth, for the time being, with a see amend-
superscription expressing the purport of the contents '"*^'^'^»' ^'■'- 1^-
thereof, and delivered by the town clerk of such towns, to AmendmentB,
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- ^^^^^^^"■'"^^^l^
ified as this constitution provides, who are or shall be piantatious.who

-, -, • T J J J 1 1 pay State taxes,

empowered and requn*ed to assess taxes upon themselves may vote.
toward the support of 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 gef amend.
Monday in April,] at such place in the plantations, re- ments, Art x.
spectively, as the assessors thereof shall direct; which AesesBors to
assessors shall have like authority for notifying the elect- °°*'^^' ^'^'
ors, collecting and returning the votes, as the selectmen
aikl town clerks have in their several towns, ^y this con-
stitution. And all other persons living in places unincor-
porated, (qualified as aforesaid,) who shall be assessed to
the support of government, by the assessors of an adja-
cent town, shall have the privilege of giving in their votes
for councillors and senators, in the town where they shall
be assessed, and be notified of the place of meeting, by
the selectmen of the town where they shall be assessed,
for that purpose, accordingly.

III. And that there may be a due convention of sen- Governor and
ators [on the last Wednesday in May,] annually, the gov- amiHe and count
ernor, with five of the council, for the time being, shall, J^^Jnieg!"''"*
as soon as may be, examine the returned copies of such

CONSTITUTION OF THE

Bee tunend.
tncnts, Art. X.

Senate to be
final jutlge of
ek'ctions, &c.,
of its own mem.
bcrs.

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

Vacancies, how
micd.

Qualifications of
11 Honator.
Sco uraeud-
mcnts, Arts.
XUI.andXXn.

Senate not to ad-
joiini nioru 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 to the value of six hundred
pounds at lea«t, 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 innncdiately pre-
ceding his election, and, at the time of his election, he
shall be an inhabitant in the district for which he shall bo
chosen.

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

COMMONWEALTH OF MASSACHUSETTS. 15

Vn. The senate shall choose its own president, appoint JJ-'^^^'J^^^^f **!
its own officers, and determine its own rules of proceed- tabiish its miea.
ings.

Vin. The senate shall be a court with full authority ^J^^j^^Y^^^ ^•
to hear and determine all impeachments made by the
house of representatives, against any officer or officers of
the Commonwealth, for misconduct and mal-administration
in their offices : but, previous to the trial of every impeach- o*<*-
ment, the members of the senate shall, respectively be
sworn, truly and impartially to try and determine the
charge in question, according to evidence. Their judg- Limitation of
ment, however, shall not extend further than to removal
from office, and disqualification to hold or enjoy any place
of honor, trust or profit, under 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 m.

House of Representatives.

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

[11. And in order to provide for a representation of the citizens of Representa-
this Commonwealth, founded upon the principle of equality, every cor- chosen.^ ^ ^^
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 ^^'^^'-^ff'
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 ; ]°J^']h^n^5"o^
but no place shall hereafter be incorjjorated with the privilege of ratable polls,
electing a representative, unless there are within the same one hun-
dred and fifty ratable polls.]

And the house of representatives shall have power, from Towns liabie to
time to time, to impose fines upon such towns as shall neglect ^^ ^ *"**®' ^^'
to choose and return members to the same, agreeably to
this constitution.

16 CONSTITUTION OF THE

Expense of trav. "phc expcnses of travelling to the general assembly, and
from the general returning home, once in every session, and no more, shall
court, how paid. ^^ ^^.^ ^^^ ^^^ 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.
Qnaiiflcations of UI. Every member of the house of representatives shall
uve!^TeT'^ be chosen by written votes ; [and, for one year at least next
^s^^xin*,' preceding his election, shall have been an inhabitant of, and
XIV. and XXI. f^ayg bccu sciscd 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 he shall cease to represent the said town,
immediately on his ceasing to be qualified as aforesaid.]

QuaUfications of [IV. Every male person being twenty-one years of age, and resi-

a voter. ^g^j jjj ^ny particular town in this Commonwealth, for the space of

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

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

mentSjArt^s.m., tative or representatives for the said town.]

R? resMi taT^^^ ' [^' "^^^ members of the house of representatives shall be chosen

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

chosen. nesday of that month.]

See amend- "^ -"

Mcrxv^^**"^' ^I- The house of representatives shall be the grand
a)U|e alone can jnquest of this Commouwcalth ; and all impeachments made

by them shall be heard and tried by the senate.
House to origi- VII. All moucy bills shall originate in the house of
nat^ a money j.gpj,esentatives ; but the senate may propose or concur

with amendments, as on other bills.
Not to adjourn VHI. The housc of representatives shall have power
day8^ata°timc. to adjoum thcmsclves, provided such adjournment shall

not exceed two days at a time.

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

Sec ^tn^d- shall constitute a quorum for doing business.]

i^se to judge X. The house of representatives shall be the judge of
of returns, Sec, ^|^g rctums, clcctions and qualifications of its own members,

01 Its own nicm- '^ i^_ _ '

bers; to choose as poiiitcd out iu tlic coustitutioii ; shall choose their own
establish its spcalvcr, appoint their own officers, and settle the rules and
May%niKhfor oi'dcrs of procccdiiig iu their own house. They shall have
authority to punish by imprisonmoiit, every person, not a
member, who shall be guilt}" 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-

certain offences.

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 ^y^'{f|.g^ °^
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 senate.
cases ; and the governor and council shall have the same Governor and
authority to punish in like cases: provided, that no im- puuig^,™^^
prisonment, on the warrant or order of the governor, coun- General umita-
cil, senate or house of representatives, for either of the ^'°'^'
above described ojffences, be for a term exceeding thirty
days.

And the senate and house of representatives may try and Jj^jf^^fe^^^^^
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 CoaoiON- mstitie.
WEALTH OF MASSACHUSETTS ; and whose title shall be —
His Excellency.

n. The governor shall be chosen annually ; and no per- To be chosen
son shall be eligible to this office, unless, at the time of his ''^""'^"y-
election, he shall have been an inhabitant of this Common- QuaUfications.
wealth for seven years next preceding ; and unless he 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 sec amend.
Christian religion.] '""'^^' -''"'• ''"^

[III. Those persons who shall be qualified to vote for senators and By whom
representatives, within tlie several towns of this Commonwealth, sliall, have^'a majority
at a meeting to be called for that purpose, on the fii'st Monday of April, of votes.

CONSTITUTION OF THE

See aincnd-
mentH, Arts, n.,
X., XIV. and
XV.

How chosen,
when no person
has u majority.

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

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

Bee amend-
ments, Art. X.

See amend-
ments, Art. X.

annually, pi'ive 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
tlic number of votes for each jjerson against his name ; and shall make
a fair record of the same in the town hooks, and a public declaration
thereof in the said meeting ; and shall, in the presence of the inhaljitants,
seal up copies of the said list, attested by him and the selectmen, and
ti'ansmit the same to the sheriff of the county, thirty days at least be-
fore the last Wednesday in May ; and the sheriflf sliall transmit the
same to the secretary's office, seventeen days at least before tlie said
last Wednesday in May ; or the selectmen may cause returns of the
same to be made, to the office of the secretary of the Commonwealth,
seventeen days at least before the said day ; and the secretary shall lay
the same before the senate and the house of representatives, on the last
Wednesday in May, to be by them examined ; and in case of an elec-
tion by a majority of all the votes returned, the choice shall Ije by
them declared and published ; but if no person shall have a majority
of votes, the house of representatives shall, Ijy 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 Avhich,
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 to any time the
two houses shall desire ; [and to dissolve the same on the
day next preceding the hust Wednesday in Blay ; and, iu
the recess of the said court, to prorogue the same from time
to time, not exceeding ninety days in any one recess ;] and
to call it together sooner than the time to which it may bo
adjourned or prorogued, if the welfare of the Conmion-
wealtli shall require the same ; and in case of any infectious
distemper prevailing in the place where the said court is
next at any time to convene, or any other cause happening,
whereby danger may arise to the health or lives of the
meml)ers from their attendance, he may direct the session
to be held at some other the most convenient place within
the State.

[And the governor shall dissolve the said general court on the day
next preceding the last Wednesday in May.]

COMMONWEALTH OF MASSACHUSETTS. 19

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

.,1 1 i ii -J. T X* ly T council may ad-

with regard to the necessity, expediency or time oi adjourn- joum the geu-
ment or prorogation, the governor, with advice of the cascs!&e.' but
council, shall have a right to adjourn or prorogue the gen- ni"'e^ty*day8.'^
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 chl^™""'^*''^"''*'
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, b}^ all ways and means Avhatso-
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

CONSTITUTION OF THE

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

But not before
couvictiou.

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

Militia officers,

how elected.

See amend-
ments. Art. V.

How commia.

Bioned.

Election of
officers.

Major-generals,
how appointed
and commis-
eioucd.

Vacancies, how
filled, in case,
&c.

Officers duly
commissioned,
how removed.
Sec amend-
ments. Art. IV.

Adjutants, &c.,
how appointed.

Adjutant-gcn-
oral.

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

VIII. The power of pardoning offences, except such as
persons may l)e convicted of l)efore the senate, by an im-
peachment of the house, shall be in the governor, by and
with the advice of council ; but no charter of 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 he 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, etich having a negative upon the
other ; and be connuissioned l)y the governor.

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

[And no ofllciT, duly ooraniissioncd to command in the militia, shall
be removed Irom liis ollue, liiit by the address oi both houses to the
jjovernor, or by lair trial in C(>urt-martial, i>ursuant to the laws of the
Commonwi-altli lor the time being.]

The commaiuling officers of regiments shall ap]ioint 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 S-gj^*''*"**'' °'
companies, made in pursuance of the militia laws now in
force, shall be considered as the proper divisions of the
militia of this Commonwealth, until the same shall be
altered in pursuance of some future law.

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

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

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

• i T /E r. 1 T • 1 J- 1 ^""^ certain offi.

supermtendnig ofnccrs ot public magazmes and stores, be- cerstomake
longing to this Commonwealth, and all commanding officers STrn's." ^ ^^'
efforts and garrisons within the same, shall, once in every
three months, officially and without requisition, and at other
times, when required by the governor, deliver to him an
account of all goods, stores, provisions, ammunition, can-
non with their appendages, and small arms with their ac-
coutrements, and of all other public property whatever
under their care, respectively ; distinguishing the quantity,
number, quality and kind of each, as particularly as may
be ; together with the condition of such forts and garri-
sons ; and the said commanding officer shall exhibit to the
governor, when required by him, true and exact plans of
such forts, and of the land and sea, or harbor or harbors,
adjacent.

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

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

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

CONSTITUTION OF THE

Balaries of jus-
tices of Biipreme
judicial court.

Salaries to be
enlarged, if in-
Bufilcieut.

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

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

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

CHAPTER II.
Section IT.

Lieuteiiant-eov-
ernor; his title
and qualifica-
tious.

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

How chosen.

President of
council.

Licutenant-Rov-
oiiior a member
of, except, &c.

Licutcn(int-gov-
ernor tn bo not-
ing governor, in
cuue, &c.

Lieutenant - Governor.

Art. I. There shall be annually elected a lieutenant-
governor of the Commonwealth of Massachusetts, whose
title shall be — His Honor ; and who shall be qualified, in
point of religion, projicrty, 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 ])e 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 l)e vacant,
])y I'casou of his death, or absence from the Commonwealth,
or otherwise, the lieutenant-governor, for the time being,
shall, during such vacancy, perforin all the duties iucum-

COMMONWEALTH OF MASSACHUSETTS. 23

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

CHAPTER II.

Section III.

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

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

. 1 . T J 1 T i 1 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.

[U. Nine councillors shall be annually chosen from among the per- Number; from
sons returned for councillors and senators, on the last Wednesday in wbom, and how
May, by the joint ballot of the senators and representatives assembled '^'^°^^^-
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- SS^**' '^'^^t^"'
cil, the deficiency shall be made up by the electors aforesaid from
among the people at large ; and the number of senators left, shall con-
stitute the senate for the year. The seats of the persons thus elected Senators becom-
from the senate, and accepting the trust, shall be vacated in the senate.] g"! trvacated^^'

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

[IV. Not more than two councillors shall be chosen out of any one no district to
district of this Commonwealth.] have more than

■■ two.

V. The resolutions and advice of the council shall be Register of
recorded in a register and signed by the members present ; ^°^'^^^-
and this record may be called for, at any time, by either
house of the legislature ; and any member of the council

may insert his opinion, contrary to the resolution of the
majority.

VI. AVhenever the office of the governor and lieutenant- Council to exer-
govcrnor shall be vacant by reason of death, absence, or ofgovcmoir^
otherwise, then the council, or the major part of them, <=^^®'^''-
shall, during such vacancy, have full power and authority,

COKSTITUTION OF THE

Elections may
be adjourned
until, &c.

Order thereof.

Amendments,
Arts. XVI. and
XXV.

to do and execute, all and every such acts, matters ami
things, as the governor or the lieutenant-governor might,
or could, by virtue of this constitution, do or execute, 11'
they, or either of them, were personally present.

[VII. And whereas the elections appointed to he made by this
constitution on the last Wednesday hi May annually, by the two
houses of the legislature, may not bo completed 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 fii'st be filled up ; the governor
and lieutenant-governor shall then be elected, provided there should
be no choice of them by the people ; and aftci-wards the two houses
shall proceed to the election of the council.]

CH AFTER II.
Section IV.

Secretary, &c. ;
by ■whom and
how chosen.
See amend-
ments, Arts. rV.
and XVII.

Treasurer in-
eligible for more
than five eucces-
eive 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 nil Art. I. Thc tcuuro tluit all commission officers shnll

cerstobeex- by law havG in their offices shall be expressed in their

pressed.

COMMONWEALTH OF MASSACHUSETTS. 25

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

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

III. In order that the people may not suffer fr'N)m the Justices of the
long continuance in place of any justice of the peace, who of their office.
shall fail of discharging the important duties of his office

with ability or fidelity, all commissions of justices of the
peace shall expire and become VMd 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 counsf ^^°^^^
place or places, on fixed days, as the convenience of the

people shall require ; and the legislature shall, from time
to time, hereafter, appoint such times and places ; 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 ^^^y^g'^jj*^ ^''
governor and council until the legislature shall, by law, make other determined,
provision.]

CHAPTER IV.

DELEGATES TO CONGRESS.

[The delegates of this Commonwealth to the congress of the United Delegates to
States shall, some time in the month of June, annually, be elected by '=°°8''^*^'
the joint l)al]ot 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 anytime within the
year, and others chosen and commissioned, in the same manner, in
their stead.^

CONSTITUTION OF THE

CHAPTER V.

Harvard Col-
lege.

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

Property de-
viled.

Gifts, grants,
and conveyances
confirmed.

Board of Over-
seers estiib-
lislicd by ^cn or-
al court of 164:^.

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 thirt^^-six, laid
the foundation of Hai*vard College, in which university
many persons of great eminence have, l)y 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 gi-eat 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 arc 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.

n. And whereas there have been, at sundry times, by
divers persons, gifts, grants, devises of houses, lands, tene-
ments, goods, chattels, legacies and conveyances, hereto-
fore made, 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 confirnuHl unto the president and fellows
of Plarvard College, and to their successors, in the capacity
aforesaid, according to the true intent and meaning of the
donor or donors, grantor or grantors, di'visor or devisors.

III. And whereas ])y an act of the general court of the
colony of IMassachusetts Ba}', passed in the year one thou-
sand six hundred and Ibrty-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, tutlon. ^*°"®**
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 altera,
shall be construed to prevent the legislature of this Com- thekgisiature?
monwealth from making such alterations in the govern-
ment of the said university, as shaU 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 n.

The Encouragement of Literature, dec.

Wisdom and knowledge, as well as virtue, diffused gen- Duty of legieia-
erally among the body of the people, being necessary for tml^s'^n^an'fu'
the preservation of their rights and liberties ; and as these g^l^a^'^end^
depend on spreading the opportunities and advantages of ^:^'t«. ^«"»-
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.

CONSTITUTION OF THE

CHAPTER VI.

oaths and subscriptions ; incompatibility of and ex-
clusion from offices ; pecuniary qualifications ;
comjNiissions ; writs ; confirmation of laws ; habeas
CORPUS ; the enacting style ; continuance of of-
ficers ; provision for a future revisal of the
constitution, &c.

Declaration of
executive and
legislative offi-
cers.

See amend-
ments, Art. VTI.

Declaration and
oaths of all offi-
cers.

See amend-
mente, Art. VI.

Art. I. [Any person chosen governor, lieutenant-governor, coun-
cillor, senator or representative, and accepting the ti'ust, shall, before
he i)roceed to execute the duties of his place or office, make and sub-
scribe the following declaration, viz. :

" I, A. B., do declare, that I believe the Christian religion, and have
a firm ijersuasion 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 j^resence of the two houses
of assembly ; and the senators and representatives, first elected under
this constitution, before the president and five of the council of the
former constitution ; and forever afterwards, before the governor and
council for the time being.]

And every person chosen to cither of the places or offices
aforesaid, as also any person appointed or commissioned
to any judicial, executive, military or other office under the
government, shall, before he enters on the discharge of
the business of his place or office, take and subscribe the
following declaration, and oaths or affirmations, viz. :

[ " I, A. B., do truly and sincerely acknowledge, profess, testify and
declare, that the Commonwealth of Massachusetts is, and of right ought
to l)e, a free, sovereign and independent State ; and I do swear, that I
will Ijcar true faitli 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 Ibrcign 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-
gi-ess of the United States : and I do further testily anil declare, that
no man, or body of men, hath, or can have, any right to absolve or dis-
charge me I'rom the obligation of this oath, declaration or afiirmation ;
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 acccjUation 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, ™^'^*^' "^t- vi.
and shall decline taking the said oaths, he shall make his afl&rmation
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 woi'ds, " So help me, God ; " subjoining instead thereof, "This
I do under the pains and penalties of perjuiy." j

And the said oaths or affirmations shall be taken and ma«oM°how*'
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-

. 1. . 1 i I 11 1 iS' J.1 YY* ^ cos prohibited to

supreme judicial court, shall hold any other omce or place, govoruor, &c.,
under the authority of this Commonwealth, except such as '*^<=''p*' ^•=-
by this constitution thev iire admitted to hold, savinsr that See amend.

• • ments 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, Avithin 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 are to be held by appointment of the
governor, or the governor and council, or the senate, or
the house of representatives, or by the election of the
people of the State at large, or of the people of any county,
military offices, and the offices of justices of the peace ex-
cepted, shall be held by one person.

No person holding the office of judge of the supreme incompatible
judicial court — secretary — attorney- general — [solicitor- °
general] — treasurer or receiver-general — ^judge of probate Seeamend-
— commissary -general — president, professor, or instructor vm.'

30 CONSTITUTION OF THE

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 oflScer of the customs, including in this
description naval officers — shall at the same time have a
seat in the senate or house of representatives ; but their
being chosen or appointed to, and accepting the same, shall
operate as a resignation of their seat in the senate or house
of representatives ; and the place so vacated shall be tilled
up.

Same subjct. Aud 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.

Bribery, &c., ^ud uo pcrsou shall cvcr be admitted to hold a seat in

operates dis- i i • , /t» /• • i

qualification, the legislature, or any omce 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.

Value of money jjx. In all casGS wlicre sums of monev are mentioned in

ascertained. , '' -, .

Property quail- tliis coustitutiou, tlic valuc thcrcof shall be computed in
silver, at six shillings and eight pence per ounce; and it
See amend- shall bc iu thc powcr of the legislature, from time to time,
mems, Art. ^q incrcasc such qualifications, as to property, of the per-
sons to be elected to offices, as the circumstances of the
Commonwealth shall require.
Provisions re- IV. All commissious sliall be in the name of the Com-
mi^sionl*'°™ monwealth of Massachusetts, signed by the governor, and
attested ])y the secretary or his deputy, and have the great
seal of the Commonwealth affixed thereto.
f'ecto" write ^' ^^^ writs, issuiug out of the clerk's office in any of
the courts of law, shall be in thc name of the Common-
wealth of IMassachusetts ; 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.
Continuation of VI. All the 1.1 ws, which liavc heretofore been adopted,
cept, &c. ' used and appiovL-d, 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 aud liberties contained in this
constitution.

COMMONWEALTH OF MASSACHUSETTS. 31

VII. The privile2;e and benefit of the writ of habeas Benefit of

corpus shall be enjoyed in this Commonwealth, in the most sec'iired, except,
free, easy, cheap, expeditious and ample manner ; and shall
not be suspended by the legislature, except upon the most
urgent and pressing occasions, and for a limited time, not
exceeding twelve months.

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

[IX. To the end there may be no failure of justice, or danger arise Officers of for-
to the Commonwealth, from a change of the form of government, all ^yy^^ue'd umn'
oflScers, civil and military, holding commissions under the government &c. ' '

and people of Massachusetts Bay, in New England, and all other ofii-
cei's of the said government and people, at the time this constitution
shall take effect, shall have, hold, use, exercise and enjoy all the jiowers
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 fur
constitution, and to correct those violations which by any means may [uUoiu^lnicnd
be made therein, as well as to foim 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 unincoi-porated plantations, directing them to convene the quali-
fied voters of their respective towns and plantations, for the purpose
of collecting their sentiments on the necessity or.expediency of revis-
ing the constitution, in order to amendments.

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

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

XI. This form of government shall be enrolled on provision for
parchment, and deposited in the secretary's office, and be p[,w1shin| fhi^
a part of the laws of the land ; and printed copies thereof coustitutioc.
shall be prefixed to the book containing the laws of this
Commonwealth, in all future editions of the said laws.

CONSTITUTION OF THE

General court
empowered to
charter cities.

Proviao.

ARTICLES OF AMENDMENT.

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

become a TawAf Hot appi'oved bj the govemoF ; and if the general court

iourntn tiae^*^' shall adjoum within five days after the same shall have

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

thereby prevent his returning it with his objections, as

provided by the constitution, such bill or resolve shall not

become a law, nor have force as such.

Art. II. The general court shall have full power and
authority to erect and constitute municipal or city govern-
ments, in any corporate town or towns in this Common-
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 exjDcdient
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 oflS-
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 pui'pose ; 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. Evcrv male citizen of twenty-one years of

votcra for go^'cr- , -x 7 , • i t

nor, lieutenant- agc aud upwards, (exccpluig paupers and persons under
fo°rrancncprc-" guardiauship,) who shall have resided within the Connnon-
Pick!^538!'" ^^ wealth one year, and within the town or district, in Avhich
ment8"'Ar'ts ^^ ^^y claiui a right to vote, six calendar months next pre-
XX., xxin". 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
bo by law exempted from taxation, and who shall be in all
other respects qiiulilled 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.

COMMONWEALTH OF IMASSACIIUSETTS. 33

Art. IV. Notaries public shall be appointed by the gov- Notaries puwic,
ernor, in the same manner as judicial officers arc appointed, anTreSfo'vcd!'*
and shall hold their offices during seven years, unless sooner
removed by the governor, ^vitli the consent of the council,
upon the address of both houses of the legislature.

[Tn case the office of secretary or ti-easurer of the Commonwealth Vacancies in the
shall become vacant from any cause, during the recess of the general oflices of secre-
court, the governor, with the advice and consent of the council, shall Jrer,"how'fiUc;d
nominate and appoint, under such regulations as may be prescribed in case, &c.
by law, a competent and suitable person to such vacant office, who H.'lt,!'.'"^*"^'

•1 11 1 -1 1 1 •■, 1 11 1 -.111 ■• ments, Art.

shall hold the same until a successor shall be appomted by the general xvil.
court.]

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

All officers commissioned to command in the militia, may Mimia officers,
be removed from 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, subafterns'!* ^"*^
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 oathtobetaken
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 denomi- tlrmT'iffi'm
nation called Quakers, and shall decline taking said oath,
he shall make his affirmation in the fore£:oin2r form, omit-
tmg the word " swear," and inserting, instead thereof, the
word " affirm," and omitting the words, " So help mc, God,"
and subjoining, instead thereof, the words, "This I do uuder
the pains and penalties of perjury."

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

34 CONSTITUTION OF THE

ofS-B!'^'"'^ AiJT. VIII. No judge of any court of this Common-
wejillh, (except the court of sessions,) and no person
holding any oflicc under the authority of the United States
(postnmsters excepted,) shall, at the same time, iiold the
ollice 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
Ctmimonweallh, (except the court of sessions,) nor the at-
torney-general, [solicitor-general, count^'-attorney,] clerk
of any court, sheriff", treasurer and receiver-general, register
of probate, nor register of deeds, shall continue to hold his
said olHce 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 ot his said ollice ; [and
judges of the courts of common pleas shall hold no other
office under the government of this Commonwealth, tho
office of justice of the peace and militia offices excepted.]

TOnsTiunion^^ *° 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 Iiouse
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 bo tho
duty of the general court to submit such ])roposed amend-
ment or amendments to the people ; and if they shall be
approved and ratiiied by a majority of the qualilied voters,
voting thereon, at meetings legally warned and holden for
that ])urpose, they shall become part of the constitution of
this Commonwealth.

Commencement Akt. X. Tlio political ycar shall begin on the first
o poiuc. jtar, '^y(,(^|„^.^^-|.,y cjf Jamiary, instead of the last Wednesday of
;May ; and the general court shall assemble every year on
the said first Wednesday of January, and shall proceed, at
that session, to make all the elections, and do all the other
acts, which are by the constitution rei^uircd to bo made and

COMMONWEALTH OF MASSACHUSETTS. 35

done at the session which has heretofore commenced on the
hist 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 jud^e necessary, or when called together by the gov-
ernor. The governor, lieutenant-governor and councillors,
shall also hold their respective oiSces 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 governoi', lieutenant-governor, Meetings for the
senators and rei)resentatives, shall be held on the second Monday of choice of gover-

-vT 1 • 1 i i- »„ u !• IT nor, lieutenant-

November in eveiy year ; but meetmgs may be adjourned, it necessary, governor, &c.,

for the choice of representatives, to the next day, and again to the next when to be held.

succeeding day, but no further. But in case a second meeting shall be ^^/^'^ adjourn-

necessary for the choice of representatives, such meetings shall be Bee amend-

held on the fourth Monday of the same month of November.] ment8, 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 uon? ° '^^^^'^
ratified and adopted as an amendment of the constitution; ...,
and the governor, lieutenant-governor, councillors, sena-
tors, representatives, and all other state officers, who are
annually chosen, and who shall be chosen for the current
year, when the same shall go into operation, shall hold their
respective offices until the first Wednesday of January then
next following, and until others are chosen and qualified in
their stead, and no longer ; and the first election of the gov-
ernor, lieutenant-governor, senators and representatives,
to be had in virtue of this article, shall be had conformably
thereunto, in the month of November following the day on
which the same shall be in force and go into operation,
pursuant to the foregoing provision.

All the provisions of the existing constitution, inconsist- inconBistent
ent with the provisions herein contained, are hereby wholly nuu'^d!""* ^"^
annulled.

Atit. XI. Instead of the third article of the bill of Religious free-

dom estab-

rights, the following modification and amendment thereof usted.
is substituted : —

CONSTITUTION OF THE

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

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

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

Fractions, how

represented.

Towns mny unite
into representU'
live districts.

" As the public worship of God, and instructions in piety,
religion and morality, promote the happiness and prosperity
of a people, and the security of a republican government;
therefore the several religious societies of this Common-
wealth, whether corporate or unincorporate, at any meet-
ing legally warned and holden for that purpose, shtill 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 tile 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 tliem selves peaceably, and as good citizens of the Com-
monwealth, shall be equally under the protection of the
law ; and no subordination of any one sect or denomination
to another shall ever be established by law."

[Art. XII. In order to provide for a representation of the citizens
of this Commonwealth, founded upon the principles of equality, a
census of the ratable polls in each city, town and district of the Com-
monwealth, on the first day of May, shall be taken and returned into
the secretary's office, in such manner as the legislature shall pro-
vide, within the month of May, in the year of our Lord one thousand
eight hundred and thirty-seven, and in every tenth year thereafter, in
the month of May, in manner aforesaid : and each town or city having
tliree hundred ratable polls at the last preceding decennial census of
polls, may elect one representative, and for every four hundred and fifty
ratable polls, in addition to tlie first tliree hundred, one representative
more.

Any town having less than three himdred ratable polls shall be rep-
resented thus : The whole numl^er of ratable polls, at the last preceding
decennial census of polls, shall be multiplied by ten, and the product
divided by three hundred ; and such town may elect one representa-
ti\'e as many years within ten years, as three hundred is conUiined in
the product aforesaid.

Any city or town having ratable polls enough to elect one or more
representatives, with any number of polls beyond the necessary num-
ber, may be representcci, as to that surplus nimiber, by multiplying
such surplus number by ten, and dividing the product by four hundroa
and fifty ; and such city or town may elect one additional represenUi-
tive as many years, within the ten years, as four hundred and fifty is
contained in tlie product aforesaid.

Any two or more of the several towns and districts maj', by consent
of a majority of the legal voters present at a legal meeting in each of
.said towns and districts, respectively, called for that ])urpose, and held
previous to the first day of July, in the year in which the decennial
census of polls shall be taken, Ibrm 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 district shall
have all the rights, in regard to representation, whicli would belong to
a town containing the same number of ratable polls.

The governor and council shall ascertain and determine, within the The governor
months of July and August, in the year of our Lord one thousand defemdne'the
eight hundred and thirty-seven, according to the foregoing principles, number of rep.
the number of representatives which each city, town and representa- resentaUves to
tive district is entitled to elect, and the number of years, within the ^ emitied. '°^"*
period of ten j^ears 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 menttobemade
each year, then, how many years within the ten years, such town may yearB^*^"^
elect a representative ; and the same shall be done once in ten years
thei'eafter, by the governor and council, and the number of ratable
polls in each decennial census of polls shall determine the number of
repi'esentatives 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 of ten years.

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

Art. Xin. [A census of the inhabitants of each city and town, on Census of inhat-
the first day of May, shall be taken and returned into the secretai-y's itants to be
office, on or before the last day of June, of the year one thousand eight and decennially
hundred and forty, and of eveiy tenth year thereafter ; which census thereafter, for
shall determine the apportionment of senators and representatives for gentatton*^^*^*
the term of ten years. See amend-

The several senatorial districts now existing, shall be permanent. ^^^f> -^"*
The senate shall consist of forty members ; and in the year one thou- Benatorial dis-
sand eight hundred and forty, and ever'y tenth j'ear thereafter, the tricts declared
governor and council shall assign the number of senators to be chosen Sg^^gni'
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. XXll.

The members of the house of representatives shall be apportioned House of repre-
in the following manner : Every town or city containing twelve hun- |pport[one^^^
dred inhabitants, may elect one representative ; and two thousand four 6ee amend-
hundred inliabitants shall be the mean increasing number, which shall ^^^^' ^^^
entitle it to an additional representative.

Every town containing less than twelve hundred inhabitants shall Small towns,
be entitled to elect a representative as many times, within ten years, ^^^ represent-
as the number one hundred and sixty is contained in the number of
the inhabitants of said town. Such towns may also elect one rei?i'e-
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, g",'j|atl"e°dis^'*'
respectivelj', called for that purpose, and held Ijefore 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 yeai-s ; and such district shall have all
the rights, in regard to repi-esentation, which would belong to a town
containing the same number of inhabitants.

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

38 CONSTITUTION OF THE

ratio of in- lown or City to elect more than one, and also the number by ■^hich the
crease. 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 population of the Commonwealth
shall have increased to seven hundred and seventy thousand, and for
every additional increase of seventy thousand inhabitants, the same
addition of one-tenth shall be made, respectively, to the said numbers
above mentioned.
The governor In the year of each decennial census, the governor and council shall,
appoTtk^n the* hcfore the first day of September, apportion the number of representa-
number of rep- tivcs which each city, town and representative district is entitled to
reeentatives of elect, and ascertain how many years, within ten jears, any town may
fnevery'tcn"''^ clcct a representative, which is not entitled to elect one eveiy year;
years. and the governor shall cause the same to be published forthwith.

Councillors to Nine councillors shall be annually chosen from among the people
the'peopie'at" ^' ^^i'o^» <^ii the first Wednesday of January, or as soon thereafter as
large. may be, by the joint ballot of the senators and rejiresentatives, as-

8eq amend- sembled ill one room, who shall, as soon as may be, in like manner,
XVI. ' ' fill up any vacancies that may happen in the council, by death, resig-
Qualificationa of ii^tion or Otherwise. No person shall be elected a councillor who has
counciUors. 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 , * . , t/j .• /• i i i- - • -.i

required. DG required as a qualincation lor holding a seat in either

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

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

pcopiG to UG bv

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

Time of annual Art. XV. The mcctinff for the choice of crovemor,

election of gov- .. ''- jj-ini

ernor and legiB- lieutcnant-govemor, 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 holdcn, for
that purpose, on the fourth Monday of the same month of
November.

Eight council- Art. XVI. Eijrht councillors shall be annuallv chosen

lors to be chosen > . i i -j , ,• i • /--< i^i i-,- \ a

by uie people, by the inhabitants or this Commonwealth, qualilied to vote
LcgiflKature to for govcmor. 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

diiitrict State.

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.
No person shall be eligible to the office of councillor who g"^^^""^^^
has not been an inhabitant of the Commonwealth for the
term of five years immediately preceding his election. The Dayandmanner
day and manner of the election, the return of the votes, °^*^«<='^o°'^<'-
and the declaration of the said elections, shall be the same
as are required in the election of governor. Whenever Vacnncies, 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 ^^"^ k°^«'™°«'»*'
the first Wednesday of January, the governor, with at least
five councillors for the time being, shall, as soon as may be,
examine the returned copies of the records for the election
of governor, lieutenant-governor, and councillors ; and ten
days before the said first Wednesday in January he shall
issue his summons to such persons as appear to be chosen,
to attend on that day to be qualified accordingly ; and the
secretary shall lay the returns before the senate and house
of representatives on the said first Wednesday in January,
to be by them examined ; and in case of the election of
either of said officers, the choice shall be by them declared
and published ; but in case there shall be no election of
either of said officers, the legislature shall proceed to fill
such vacancies in the manner provided in the constitution
for the choice of such officers.

Art. XVII. The secretary, treasurer and receiver-gen- Election of eec-
eral, auditor, and attorney-general, shall be chosen annu- crl^aTditor^Ind
ally, on the day in November prescribed for the choice of albTthe'feopie.
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 siicli as HTc required in the election of governor. In
^^^' case of a failure to elect either of said oflScers 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 quaiifywith. stcad. lu casc auy person chosen or appointed to either
i'therwise office ^^ ^^^^ officcs aforcsaid, shall neglect, for the space of ten
to be deemed va. days after he could otherwise enter upon his duties, to
qualify himself in all respects to enter upon the discharge
of such duties, the office to which he has been elected or
Qualification appointed shall be deemed vacant. No person shall be
requisite. 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 Akt. XVIII. All moucys raiscd by taxation in the
piiod'for8"J'cta. towns aud cities for the support of public schools, and all
rian Bchooia. moueys wliicli 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
eiSnof^shLT. law, for the election of sheriils, registers of probate, com-
probawl &7.! by inissioucrs of iusolvcucy, and clerks of the courts, by the
tho people. pcoplc of the scvcral counties, and that district-attorneys
shall be chosen by the people of the several districts, for
such term of office as the legislature shall presciibc.

COMMONWEALTH OF MASSACHUSETTS. 41

AuT. XX. No person shall have the right to vote, or J^^jf^y^",^^?"iuli
be eligible to office under the constitution of this Common- ami writing,
wealth, who shall not be able to read the constitution in the ficauona^f^vo-'"
English language and write his name : provided^ Jtoicever, ^^Iq^x^q,
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 elTect.

Art. XXI. A census of the legal voters of each city census of legai

voters fxiid of ill"

and town, on the first day of May, shall be taken and re- habitants, when
turned into the office of the secretary of the Common- ^ "''
wealth, on or before the last day of June, in the year one see General
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 thbreaiter. In the census aforesaid, a special enumer-
ation shall be made of the legal voters ; and in each city
said enumeration shall specify the nmnber of such legal
voters aforesaid, residing in each ward of such city. The
enumeration aforesaid shall determine the apportionment
of representatives for the periods between the taking of
the census.

The house of representatives shall consist of two hun- nouse to consist
dred and forty members, which shall be apportioned by rcpi^csTmatH"!'
the legislature, at its first session after the return of each [°oncd'j,^°on
enumeration as aforesaid, to the several counties of the basis of legai
Commonwealth, equally, as nearly as may be, according
to their relative numbers of legal voters, as ascertained by
the next preceding special enumeration ; and the town of
Cohasset, in the county of Norfolk, shall, for this purpose,
as well as in the formation of districts, as hereinafter pro-
vided, bo considered a part of the county of Plymouth;
and it shall be the duty of the secretary of the Common- secretary shaii
wealth, to certify, as soon as maybe after it is determined ccrsa^nhmized
by the legislature, the number of representatives to which ues.''"''"''"""'
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- Tucs'hiy'in au-
sioners of other counties than Sufiblk, — or in lieu of the ^"*'-
mayor and aldermen of the city of Boston, or of the county
commissioners in each county other than Suffolk, such board
of special commissioners in each county, to be elected by
6

42 CONSTITUTION OF THE

the people of the county, or of the towns therein, .is may
for that purpose be provided l)y 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. rcspcctive couutics, and proceed as soon as may be, to divide
the same into representative districts of contiguous terri-
toiy, so as to apportion the representation assigned to each
county equall}^ as nearly as may be, according to the
relative number of legal voters in the several districts of
each county ; and such districts shall be so formed that no
town or ward of a city shall be divided therefor, nor shall
any district be made which shall be entitled to elect more

QnniiflcationB of than tlircG rcprcsentativcs. Every representative, for one

representauves. y^ar at Icast ncxt 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

Dietrictstobe be an inhabitant of the Commonwealth. The districts in

numbered, de- , ini i iiti i • i

Bcribed and cer. each couuty Shall be numbered by the board creatuii; the
same, and a description of each, with the numbers thereof
and the number of legal voters therein, shall be returned
by the board, to the secretary of the Commonwealth, the
county treasurer of each county, and to the clerk of every
town in each district, to be filed and kept in their respec-
tive offices. The manner of calling and conducting the
meetings for the choice of representatives, and of ascer-
one hundred taiuiug their clcction, shall bo prescribed by law. Not less
quoriuQ?* 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.

cenBusof votera Art. XXII. A ccusus of the legal votcrs of each city

and inhabitauta _ i/» -i /•-»«• ini i -i

to be taken. and towu, 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
votem to be year thereafter. In the census aforesaid, a special cuumcr-
tionmen"of Ben- ^tiou shall bo made of the legal votcrs, and in each city
ators. grjjj enumeration shall specify the numl)er 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 consut Tho seuate sliall consist of forty members. The general

of 40 members. "

COMMONWEALTH OF MASSACHUSETTS. 43

court shall, at its first session after each next preceding senatorial dis.
special enumeration, divide the Commonwealth into forty ^''*''*' *'*'*
districts of adjacent territory, each district to contain, as
nearly as may be, an equal number of legal voters, accord-
ing to the enumeration aforesaid : provided^ however^ that Proviso,
no 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, QuaiiflcatioM of
who shall have been an inhabitant of this Commonwealth '*'^**°"-
five years at least immediately preceding his election, and
at the time of his election shall be an inhabitant of the dis-
trict for which he is chosen ; and he shall cease to repre-
sent such senatorial district when he shall cease to be an
inhabitant of the Commonwealth. Not less than sixteen sixteen mem-
senators shall constitute a quorum for doing business ; but ^"* * 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 *^? ^f^" ^^'
jurisdiction of the United States for two years subsequent to his natu- raiiafeddt^zeni
ralization, and shall be otherwise qualified, according to the constitu- to entitle to suf-
tion and laws of this Commonwealth : provided, that this amendment e^lgible'tooffice.
shall not affect the rights which any person of foreign birth possessed Seeamendmenti
at the time of the adoption thereof; and, provided, further, that it shall -^^ xxvr.
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 Sltr**'*""**
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 *'°'^''"*
of representatives shall, by concurrent vote, choose some
eligible person from the people of the district wherein such
vacancy occurs, to fill that oflice. 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 mento^SiTd^.'
is as follows, to wit : "No person of foreign birth shall be
entitled to vote, or shall be eligible to office unless he shall
have resided within the jurisdiction of the United States for

44 CONSTITUTION OF THE

two years subsequent to his naturalization, and shall be
otherwise qualified, according to the constitution and laws
of this Commonwealth : provided, that this amendment shall
not 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 TIIE
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 afiirmative. When the con-
vention assembled, it was found that the Constitution had been adopted
by the requisite number of votes, and the convention accordingly
Eesolved, " 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 Ai'ticlcs of Amendment were submitted, by delegates
in convention assembled, November 15, 1820, to the people, and by
them ratified and adopted, 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 and ratified by the people,
November 11, 1833.

The twelfth Article was adopted by the legislatures of the political
years 1835 and 183G, and was approved and ratified by the people, the
fourteenth day of November, 183(5.

COMMONWEALTH OF MASSACHUSETTS. 45

The thirteenth Article was adopted by the legislatures of the politi-
cal years 1839 and 1840, and was approved and ratified 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 were approved 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 were ap-
proved 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 was approved and ratified by tho
people on the ninth day of May, 1859.

The twenty-fourth and twenty-fifth Articles were adopted by the
legislatures of the political years 1859 and 1860, and were approved
and ratified by the peoj^le on the seventh day of May, 1860.

The twenty-sixth Article was adopted by the legislatures of the
political years 1802 and 1863, and was approved and ratified by the
people on the sixth day of April, 1863.

IND EX.

Pagt

Adjutant-General, how appointed, 20

Adjutants of regiments, how appointed, 20

Aifirmations. (See oaths and affirmations.)

Agriculture, arts, commerce, &c., encouragement of, ... . 27

Amendments to the Constitution, how made, 34

Apportionment of councillors, 38, 39

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

" of senators, 12j 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

Bail and sureties, excessive, not to be demanded, 8

Bills and Eesolves, 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

INDEX.

Census of inhaljitants, -when and how taken,

" of legal voters, wlien and bow taken,

" of ratable polls, wben and bow taken,

Cities, general court empowered to cbarter,

Civil and military officers, duties of, to be prescribed by legislature,
Commander-in-cbief. (See Governor.)
Commerce, manufactures, arts, &c., encouragement of, .
Commissary-General, wben and bow nominated, &c.,

" " to make quarterly returns.

Commissioners of insolvency, bow cbosen, ....
Commission officers, tenure of, to bo expressed in commission,
Commissions, bow made, signed, countersigned, and sealed, .
Congress, delegates to, bow cbosen and commissioned, .

" " may be recalled, and otbers commissioned,

" wbat offices may not be beld by members of, .

Constitution, amendments to, bow made,

" revision of, in 1795, provided for,

" to be enrolled, deposited in secretary's office, and printed

with tbe laws,

Coroners, bow appointed,

Corruption. (See Bribery.)

Council, and tbe manner of settling elections by the legislature,

" may exercise powers of executive, wben, &c., .

" members of, number, and bow cbosen,

" members of, to be sworn in presence of both bouses,

" powers and quorum of,

" rank and qualifications of members of, . . .

" register of, subject to the call of either house, .

" resolutions and advice of, to be recorded, .

" vacancies in, bow filled,

Court, superior, judges of, prohibited from holding other offices,

" supremo judicial, judges of, tenure of office, and salary,
Courts and judicatories, may administer oaths and affirmations,

" clerks of, how cbosen,

" of probate. (See Probate.)

" of record and judicatories, tbe general court may establish.
Crimes and offences, prosecutions for, regulated, ....

Page

37,41

36,41

27
33
21
40
25
30
25
25
34
34
31

31
20

23
23
23,38
28
23

23,38
23
23

39,43

9,22

6,7

Debate, freedom of, in legislature, affirmed, 8

Declaration of rights, 4

Delegates to congress, bow chosen, 25

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

District-attorneys, how chosen, 40

Districts, councillor, how estal)li8bcd and arranged, ... 12, 38, 39

Districts, representative, 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

Elections, by legislature, order and adjournment of, ... . 24

" by the people, plurality of votes to prevail in, . . . 38

" freedom of, affirmed, 6

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

Enacting style, established, 31

Encouragement of literature, 27

Enrolment. (See Constitution.)

Equality and natural rights recognized, 4

Estates, valuation of, when taken, 11

Executive power, 17

" not to exercise legislative or judicial powers, ... 9

jEojjposi/acto laws, injustice of, declared, 8

Felony and treason, conviction of, by legislature, forbidden, ... 8

Fines, excessive, prohibited, 8

Freedom of debate, in legislature, affirmed, ...... 8

General Court, frequent sessions of, enjoined, 8

" " how formed, 9

" " 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 record, . . 10

" " may charter cities, 32

" " may be prorogued by governor and council, ... 18
" " when to assemble, and when to be dissolved, . . 10, 18, 35

Government, frame of, 9

" executive, legislative and judicial departments of, limits

defined, 9

" objects of, . • 3

" right of people to institute, alter, &c., .... 3, 5

Governor, qualifications of, 17> 28, 35

" salary of, 21

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

" official title of, 17

" to be sworn in presence of both houses, 28

" the holding of other offices by, prohibited, . . . . 29, 34

" to be commander-in-chief of military forces of State, . . 19
7

INDEX.

Governor may call councillors together at his discretion, . .
" and council, may pardon olfences, after conviction,
" shall sign such bills and resolves as ho approveo, .
" shall return such hills and resolves as ho does not approve,
" and council may prorogue the legislature, ,
" " shall examine election returns,

Page
18
20
10
10
18
13,39

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 overseers of, 27

" " government of, may be altered by legislature, . . 27

House of Eepresentatives, 15, 16

" " 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

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

" « quorum of, 16,42

" " members of, exempt from arrest on mean

process, 17

" " towns may be fined for neglecting to return

members to, 15

" " travelling expenses of members of, how

paid, 16

" " oaths or affirmations of members of, how

taken and subscribed to, . . . .29, 33

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
Instmction of representatives and petition to legislature, rights of,

afirmed, b

Judicatories and courts of record, legislature may establish, ... 10
" " " may administer oaths and afiSrma-

tions, 10

Judicial department, not to exercise legislative or executive powers, . 9

" officers, ho-w 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, what other offices may not be held by, ... 34

Judges of probate, shall hold courts on fixed days, &c., .... 25

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

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

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, .9,22,25
" " " " what other offices may not be held, 29,34
" " " " opinions of, may be required by ex-
ecutive or either branch of legislature, 25

Law-martial, persona 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

" ^xijosf/acfo, unjust and inconsistent with free government, . 8

" not repugnant to Constitution, legislature may make, . . 11
" of province, colony or state of Massachusetts Bay, not repugnant

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 ESTDEX.

Page

Magistrates and officers, accountability of, 5

Major-Generals, how appointed and commissioned, 20

Martial law, persons not in the army, navy, or actual militia service, not

to be subject to, 8

Meetings, plantation, provisions respecting, 13

" town, selectmen to preside at, 13

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, con-
firmed, 21

Money bills, to originate in house of representatives, .... 16

Money, how drawn from the treasury, 21

" value of, how computed, 30

Moneys raised for support of common schools, not to be applied by

religious sects, 40

Moral principles, necessity of observance in a free government, . . 7

Notaries Public, how chosen, 24

" " how appointed, tenure of office, &c., .... 33

Oaths and affirmations, courts and judicatories may administer, . . 10

" " official, forms of, 23, 33

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

Oaths, affirmations substituted, in behalf of Quakers, . . . .29,33
Offences. (See Crimes and offences.)

Office, right of people to secure rotation in, 5, 6

" equal right of all to, affirmed, 6

" no person eligible to, who cannot read and write, ... 41

Offices, certain, incompatibility of, 29, 34

Officers, civil, legislature may provide for the naming and settling

of, 11

" civil and military, duties of, to be prescribed by legislature, . 11
" " " holding under government of Massachusetts

Bay, continued in office, 31

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

" phirality of, prohibited to governor, lieutenant-governor, and

judges, 29, 34

INDEX. 63
P.

Page

Pardou, po'n'er of, vested in governor and council, 20

People, right of, to keep and bear arms, 7

Person and property, remedy for injuries to, should be in the laws, . 6

Petition and instruction, right of, affirmed, 8

Plantations, unincorporated, tax-paying inhabitants of, may vote for

councillors and senators, 13

Plurality of votes, election of civil officers by, 38

Political year, Tvhen to begin and end, 34, 35

Polls, ratable, census of, when taken, 36

Power, executive, 17, 18

" judiciary, . . 24, 25

" legislative, 9

Press, liberty of, essential to freedom, 7

Probate, judges of, shall hold courts on fixed days, &c., ... 25

" " appeals jfrom, how heard and determined, . . 25

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

" registers of, how appointed, 20

" " election of, to be prescribed, 40

Property, private, not to be taken for public uses without compensa-
tion, 6

Property qualification for office, may be increased by legislature, . 30

" " " partially abolished, .... 38

Prosecutions, for crimes and offences, proceedings in, regulated, . . 6

Public boards and officers, returns of, how, when and to whom made, . 21

" officers, right of people with reference to, 5

" services, the only title to particular and exclusive privileges, . 5

" worship, the right and duty of, 4

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

Punishments, cruel and unusual, prohibited, 8

Quakers, affirmation of, as public officers, 29, 33

Qualification, property, may be increased, 30

" " partial abolition of, 38

Qualifications of governor, 17, 40

" of lieutenant-governor, 22, 40

" of councillors, 38, 39

" of senators, 14, 37, 42, 43

" of representatives, 15, 33, 42

" of secretary, treasurer, auditor, and attorney-general, . 39, 40

" of voters, 12, 13, 15, 32, 41, 43

" moral, of officers and magistrates, 7

Quorum of council, 18, 23, 39

" of house, IG, 42

" of senate, , , . 15, 43

54 INDEX.

P«ge

Eatable Polls, census of, when taken, 36

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

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

Reading and writing, necessary to enable persons to vote or hold

office, 41

Registers of probate. (See Probate.)

Religious denominations, equal protection secured to all, . . . 5, 35

" societies, right of, to elect their own pastors, &c., . . . 5, 36

" " persons belonging to, membership defined, . . 36

Representation, in council, basis of, 38

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

" in senate, 12,37,42

Representatives. (See House of Representatives.)

Returns, quarterly, how and by whom to bo made, .... 21

Returns of votes, by whom made, examined, &c., 13, 18

Revision of Constitution. (See Constitution.)

Rights, natural, declaration of, &c., 4

Salaries, of judges of supreme court, 9, 22

Salary, of governor, , 22

Schools, money raised and appropriated for, how to be applied, . . 40

" sectarian, appropriation of money for, prohibited, ... 40

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, 13

Self-government, right of, asserted, 5

Senate, 12

" members of, number, and how chosen, 12, 32, 37, 42

" " qualifications of, 14, 33, 43

" members shall bo sworn preliminary to trial of impeachment, . 15

" " exempt from arrest on mean process, .... 17

" quorum of, 15, 43

" vacancies in, how filled, 14, 43

" to be final judge of elections of its own members, ... 14

" not to adjourn more than two days, 14

" shall choose its own officers, and establish its own rules, . . 15

" shall try impeachmcuts, 15

" may punish persons not members, for disrespect, &c., . . IG, 17

" may determine all caaes iuvolviug its rights and privileges, . 10, 17

INDEX. 65

Page
Senators, apportionment of, 12, 37, 43

" oaths and affirmations, how taken and subscribed by, . . 28, 29
Senatorial districts. (See Districts.)

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

Sheriffs, how appointed, 20

" how elected, 40

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

Solicitor-general, how appointed, 20

Standing armies, without consent of legislature, prohibited, ... 7

Supreme Being, the public worship of, a right and duty, &c., . . 4

" judicial court, tenure of office and salaries of judges of, . . 9, 22

Sureties and bail, excessive, not to be demanded, 8

Suspension of laws, power of, only in legislature, ..... 8

Taxation, should be founded on consent, 6, 8

Taxes, excises, &c., legislature may impose, 11

Tax, state or county, payment of, as qualification of voter, . . .13, 32

Tests, religious, abolished, 33

Title, of governor, 17

" of lieutenant-governor, 22

Town meetings, selectmen to preside at, 13

Towns, having less than 300 ratable polls, how represented, ... 36

" having less than l.'iO ratable polls, how represented, ... 15

" may unite in representative district, 36, 37

Travel, expenses of, to and from the general court, how paid, . . 16

Treason and felony, legislature not to convict of, 8

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

" " qualification of, 40

" " eligibility limited to five years, . . 24

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

Trial, by jury, right of, secured, 6, 7

University at Cambridge, &o., ......... 26

Vacancies in council, how filled, . . . . . . . . 39, 43

" in militia offices, how filled, . 20

" in offices of secretary, treasurer, auditor, and attorney-gen-
eral, 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, . . 10

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, 13, 15, 32, 41, 43

Votes, all civil officers to bo elected by a plurality of, ... . 38

" returns of, by wbom made, examined, &c., .... 13, 17, 39

Worship, public, the right and duty of all men, 4

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

Year, political, when to begin and end, .....•• 84

iicn^nil ^tatut^s and ^^cdal ^tts

MASSACHUSETTS.

187 6.

i^^ The General Court of 1876 assembled on Wednesday, the
fifth 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 Alexander
H. Rice and His Honor Hokatio G. Knight, on Thursday, the
sixth day of January, in the presence of the two Houses assembled
in convention.

ACTS,

GENERAL AND SPECIAL.

An Act to amend chapter one hundred and seventy-seven QJiap. 1.

OF THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND SEVENTY- *

FIVE, CONCERNING MANUFACTURING AND OTHER CORPORATIONS.

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

Section 1. Section one of chapter one hundred and Amendment to
seventy-seven of the acts of the year eighteen hundred and '
seventj^-five is hereby amended by striking out these
words; "but stockholders, the par value of whose shares
has been paid in."

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

Approved January 31, 1876.

An Act to amend certain acts relating to the mercantile (JJiar). 2

LIBRARY ASSOCIATION, OF BOSTON. ^'

Be it enacted, &c., as follows:

Section 1. Section one of chapter one hundred and Mercantile li.
fifty-one of the acts of the year eighteen hundred and n'enfto^,"i845,'
forty-five, entitled "An Act to incorporate the Mercantile ^''^•^^•
Library Association," is hereby amended by striking out
the words "among young men now engaged in, or des-
tined for, the mercantile professions."

Section 2. Section two of said chapter is hereby Amendment to
amended by striking out the words "a majority of the ^^^^••'^^'^
members of the corporation " and inserting in place thereof
the words, "a majority of the members present and voting
at a legal meeting."

Section 3. Section three of said chapter is hereby Amendment to
amended by striking out the words "engaged in mercan- ^^*^'^^^' Se-
ttle pursuits or preparing themselves therefor, and."

4 1876.— Chapters 3, 4, 5.

m6'"46T 2* *° Section 4. Section two of chapter forty-six of the acts
of the year eighteen hundred and fifty-six, entitled "An
Act in addition to an act, entitled 'An Act to incorporate
the Mercantile Library Association ' passed in the year
one thousand eight hundred and forty-five," is hereby
amended by striking out the words, "engaged in mercan-
tile pursuits, and."

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

Approved January 31, 1876.

Chap, 3. An Act authorizing the teaching of sewing in the public

* SCHOOLS.

Be it enacted, &c., as follows :
Sewing may be SECTION 1. Scwino; shall bc taus^ht, in any city or

taught in public ni ii-i i« \•\^ ii

schools. town, m all the public schools in which the school com-

mittee of such city or town deem it expedient.
Action of school Section 2. The actiou of the school committee of any
commi cesrai. ^.^^ ^^ towH iu causiug scwiug to be taught in the public
schools thereof, is ratified, confirmed and made valid to the
same extent as if this act had passed prior to such teaching.
Section 3. This act shall take effect upon its passage.

Apiproved February 1, 1876.

Chap. 4. An Act to amend section fifty-eight of chapter one hun-

* DRED AND TWENTY OF THE GENERAL STATUTES, RELATIVE TO
FEES REMAINING IN THE HANDS OF JUSTICES OF THE PEACE.

Be it enacted, &c., as follows :
oftheltof.'"'^ Section fifty-eight of chapter one hundred and twenty of
G. s. 120, § 58. the General Statutes is hereby amended by striking out
the words "three years" and inserting in place thereof the
words "one year." Approved February 9, 1876.

Chap 5 An Act making appropriations for the maintenance of the
■^' ' government for the present year.

Be it enacted, &c., as follows :

Appropriations. SECTION 1. The suiiis hereinafter mentioned are appro-
priated to be paid out of the treasury from the ordinary
revenue, for the purposes specified, to meet the expenses
for the year ending on the thirty-first day of December,
in the year eighteen hundred and seventy-six, to wit : —

SUPREME JUDICIAL COURT.

Clerk. For the salary of the clerk of the supreme judicial court

of the Commonwealth, three thousand dollars.

Assistant clerk. For tlic Salary of the assistant clerk of said court, one
thousand five hundred dollars.

1876.— Chapter 5.

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

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

SUPERIOR COURT.

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

For the salaries of the ten associate iustices of said Associate jus-

tlCGS*

court, fifty thousand dollars.

COURTS OF PROBATE AND INSOLVENCT.

For the salary of the judge of probate and insolvency Judge-
for the county of Suffblk, four thousand dollars. suftouj.

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 dol-
lars.

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

1876.— Chapter 5.

Judge—
Barnstable.

Nantucket.
Dukes County.

Middlesex.
"Worcester.
Essex.
Norfolk.

Bristol.

Plymouth.

Hampden.

Berkshire.

Hampshire.

Franklin.

Barnstable.

Nantucket.

Dukes County.

Assistant reg-
ister —
Butlolk.

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

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

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

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

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

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

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

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

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

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 pr()l)ate and
insolvency for the county of Suffolk, one thousand five
hundred dollars.

1876.— Chapter 5. 7

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

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

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

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

DISTRICT- ATTORNEYS .

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

For the salary of the assistant district-attorney for the Assistant attor-
Sufiblk district, three thousand dollars. suaoit.

For the salary of the second assistant district- attorney second assistant
for the Suffolk district, two thousand dollars. Buttb'ik?"

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

For the salary of the district-attorney for the northern Northern dis.
district, two thousand dollars. ^"'^''

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

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

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

For the salary of the district-attorney for the western western dis-
district, two thousand dollars. *"'"^'

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

POLICE COURTS.

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

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

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

1876.— Chapter 5.

Justice —
Fitchburg.

Gloucester.

Haverhill.

Holyoke.

Lawrence.

Lee.

Lowell.

Lynn.

Newburyport.

Somerville.

Springfield.

Williamstown.

Clerk-
Cambridge.

Chelsea.

Fitchburg.

Haverhill.

Lawrence.

Lynn.

Lowell.

Newburyport.

Somerville.

Springfield.

For the salary of the justice of the police court in Fitch-
burg, one thousand three hundred dollars.

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

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

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

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

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

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

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

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

For the salary of the justice of the police court in
Somerville, one thousand 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
Williamstown, 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
Lawrence, 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 Somer-
ville, one thoustmd dollars.

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

1876.— Chapter 5.

MUNICIPAL COURTS.

For the salaries of the iiistices of the municipal court in -Tusticeain

. 1 T 11 Boston.

Boston, nnie thousand dollars.

For the salary of the justice of the municipal court for „ Jufticc—

, , 1 . • /- -n J J J 1 1/^1 Southern dis-

the southern district ot Boston, two thousand nve hun- trict.
dred dollars.

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

For the salary of the justice of the municipal court of ^^trict!*^"^"
the Charlestown district in Boston, two thousand dollars.

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

For the salary of the justice of the municipal court of J|.r^^*°» *^'^-
the Brighton district in Boston, one thousand six hundred
dollars.

For the salary of the justice of the municipal court of dfs'tJj'ct^"^'''"
the South Boston district in Boston, two thousand dollars.

For the salary of the justice of the municipal court of E-jist Boston dis.
the East Boston district of Boston, one thousand six hun-
dred dollars.

For the salary of the clerk of the municipal court in ciork-criminai
Boston, for criminal business, two thousand five hundred
dollars.

For the salary of the clerk of the municipal court for cierk and assist-

•^ n /. 1 1 1 ''^"'^ — Southern

the southern district of Boston, one thousand nve 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 jy^^.^^^;;^^ ^jg.
the Dorchester district in Boston, one thousand dollars. t"ct.

For the salary of the clerk of the municipal court of ^•^'^^1^7'°'^"
the Charlestown district in Boston, one thousand five hun-
dred dollars.

For the salary of the clerk of the municipal court of west Roxbury
the West Roxbury district in Boston, one thousand dollars.

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

For the salary of the clerk of the municipal court of south Boston

"J ^ T n district.

the South Boston district in Boston, one thousand five
hundred dollars.

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

1' • ' -r\ Till district.

East Boston district in Boston, one thousand dollars.

1876.— Chapter 5.

Justice —
Central Berk-
shire.

Northern Berk-
shire.

Southern Berk-
shire.

Southern
Worcester —
First district.

Second district.

Third district.

Eastern
Worcester —
First district.

Second district.

Central Worces-
ter.

Northern
Middlesex —
First district.

Southern
Middlesex —
First district.

Central Middle-
sex.

Eastern Middle-
sex.

East Norfolk.

Eastern Hamp-
den.

Bristol —
First district.

Second district.

Third district.

Essex —
First district.

Plymouth —
First district.

Second district.

DISTRICT COURTS.

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

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

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

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

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

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

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

For the salary of the justice of the second district court
of eastern Worcester, one thousand two hundred dollars.

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

For the salary of the justice of the first district court of
northern Middlesex, one thousand 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 disti'ict court
of Bristol, one thousand eight hundred doUars.

For the salar}' of the justice of tlie first district court of
Essex, three thousand dolhirs.

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.

1876.— Chaptek 5. 11

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

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

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

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

For the salary of the clerk of the district court of IZT"'"''"^'
southern Berkshire, six hundred dollars.

For the salary of the clerk of the district court of cen- central worces-
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 ^f f"^™,

'' T T 1 11 Worcester.

of eastern Worcester, six hundred dollars.

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

For the salary of the clerk of the first district court of ^j°f,^"" ^''^-
northern Middlesex, six hundred dollars.

For the salary of the clerk of the first district court of g^oj^^J^*;™ ^''^-
southern Middlesex, eight hundred dollars.

For the salary of the clerk of the first district court of ^a^^^n ^''I'J'^-
eastern Middlesex, one thousand dollars.

For the salary of the clerk of the first district court of Fi'iist"tJi7t,.ict.
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 pJa'^^'j'"!.
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 Essex-

"^ iTiii F'""®' district.

iliSsex, two thousand five hundred dollars.

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

Ajjproved February 11, 1876.

1876.— Chapter 6.

Char>. 6. An Act in addition to an act making appuopriations for the

MAINTENANCE OF THE GOVERNMENT DURING THE PRESENT YEAR.

Be it enacted, &c., as follows :
Appropiiations. SECTION 1. Tlic sums hereinafter mciitionecl lire appFo-
priated, to be paid out of the treasury of the Coinmon-
"vvealth, 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-six,
to wit : —

LEGISLATIVE DEPART3IENT.

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

For the salary of the sergeaut-at-arms, three thousand
dollars.

For the compensation of an engineer, and such watch-
men and tiremen as may be em})loyed in the state house, a
sum not exceedino; ten thousand dollars.

Clerks of senate
and house.

Scrgeant-at-
anns.

Engineer,
watchmen and
tiremen.

Lieutenant-
{lovernor and
council.

Governor's sec-
retary.

Messeusjer.

Assistant-mes-
sunger.

EXECUTIVE DEPARTMENT.

For the compensation and mileage of the lieutenant-
governor and council, a sum not exceeding fifteen thousand
dollars.

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

For the salary of the messenger of the governor and
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 DEIWRTMENT.

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
department, 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 huudrod dollars.

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

1876.— Chapter 6. 13

treasurer's DEPART3IEXT.

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

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

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

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

For such additional clerical assistance as the treasurer Additional cier.
may find necessary, a sum not exceeding four thousand ^^^^^ ^^^^°<=«'
dollars.

TAX co:sdiissioner's bureau.

For the salary of the deputy tax commissioner and com- Deputy tax
missioner of corporations, three thousand dollars. commissioner.

For the salary of the first clerk of the tax commissioner, First cierk.
two thousand dollars.

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

For such additional clerical assistance as the tax com- Additional cier-
missioner and commissioner of corporations may find ^"^^^ assistance.
necessary, a sum not exceeding fourteen thousand seven
hundred dollars.

auditor's depart:ment.

For the salary of the auditor of accounts, three thou- Auditor of ac
sand five hundred dollars. counts.

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 second cierk.
department, two thousand dollars.

For such additional clerical assistance as the auditor Additional cier-
may find necessary, a sum not exceeding three thousand i<=^i ^*'*^°«^
five hundred dollars.

attorney-general's department.

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

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

1876.— Chapter 6.

Savings banks
commissioner.

Insurance com-
missioner.

Deputy.

Clerk.

Additional cler.
icai assistance.

Fees for valua-
tion of life poli-
cies.

Inspector of
gas-meters.

Railroad com-
missioners.

Clerk.

Board of health,

Inspector of
liquors.

COMMISSIONERS, AND OTHERS.

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

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

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

For the salary of the clerk of the insurance commis-
sioner, two thousand dollars.

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

The fees received as compensation for the valuation of
life policies, are hereby appropriated, to be applied in
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
gas-meters, three thousand dollars.

For the salaries of the railroad commissioners, twelve
thousand dollars.

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

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

For the salary of the assay er and inspector of liquors,
two thousand five hundred dollars.

State charities —
Secretary.

Clerical assist-
ance.

General agent.

Clerical and
other assistance.

Visiting agent.

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.

1876.— Chapter 6. 15

For such clerical and other assistance as the visitin*? Clerical and

,/.jii ii?j.j.i'i' n ^ other assistance.

agent ot the board ot state chanties may hnd necessary, a
sum not exceeding nine thousand five hundred dollars.

For the transportation of state paupers, to be expended J/Xte°au"er"
by the agent of the board of state charities, a sum not
exceeding ten thousand dollars. Any additional assist-
ance necessary to effect such transportation, shall be paid
out of that sum ; and if at any time it shall be found nec-
essary, a sum not exceeding one thousand dollars may be
advanced on account of said transportation ; provided, a
detailed 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 of educa.
board of education, three thousand four hundred dollars, secrTtary.
to be paid from the moiety of the income of the Massa-
chusetts school fund, applicable to educational purposes.

For the salary of the assistant librarian arid clerk of the cierk and assist-
board of education, two thousand dollars. ant librarian.

For such additional clerical assistance in the state library Additional cier.
as may be found necessary, a sum not exceeding two ic^i assistance.
thousand 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, cierk.
two thousand two hundred dollars.

For such additional clerical assistance as the adjutant- Additional cier-
general may find necessary, a sum not exceeding seven ^<=^i ^^"^tance.
thousand nine hundred and eighty doHars.

For the salary of the surgeon-general, two thousand five Surgeon.gen-
hundred dollars. ®'"^^'

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

For the compensation of the messenger in the surgeon- Messenger.
general's bureau, one thousand two hundred dollars.

For the compensation of the employes at the state Employes at the
arsenal, a sum not exceeding two thousand five hundred ''™™^'-
dollars.

For the salary of the judge-advocate-general, one thou- Judge-advocate-
sand dollars. ^^"•^■■^'-

1876.— Chapters 7, 8.

Clerical assist-
ance for adju-
tant-general.

Clicqj.

Boston & Maine
Railroad may
purchase West
Amesbury
Branch Kail-
road.

Purchase to be
approved by
stockholders of
each corpora-
tion.

Chap. 8,

Criminal juris-
diction of courts
in Suflblk coun-
ty over islands
and waters in
Boston harbor.

For such clerical assistance as the adjutant-general may
find necessary in preparing for publication "A list of Mas-
sachusetts officers, sailors and marines, who served in the
uavy in the late war," a sum uot exceeding two thousand
six hundred dollars.

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

Approved February 11, 1876.

An Act to authorize the boston and maine railroad to

purchase the west amesbury branch railroad.
Be it enacted, &c., as folloios :

Section 1. The Boston and Maine Kailroad is author-
ized to purchase the rights, franchise and property of the
West Amesbury Branch Railroad Company, and the said
West Amesbury Branch Railroad Company is authorized
to convey and assign to the said Boston and Maine Rail-
road its franchise and property, and all the rights, ease-
ments, privileges and powers granted to it; and the said
Boston and Maine Railroad shall, upon such conveyance
being made to it, have and enjoy all the rights, powers,
privileges, easements, franchises and property of said
West Amesbury Branch Railroad Company, and be subject
to all the duties, liabilities, obligations and restrictions to
which said last named corporation may be subject : pro-
vided, however, that such purchase or sale shall not be
valid unless agreed to by the directors of the contracting
corporations, and approved by a majority of the votes at
meetings of the stockholders of each corporation called
for that purpose.

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

AjyjJroved February 11, 1876.

An Act relating to criminal jurisdiction over the islands

AND waters of BOSTON HARBOR.

Be it enacted, &c., as folloivs:

Section 1. The concurrent criminal jurisdiction of the
courts in the county of Suffolk, so far as it relates to the
islands or waters of Boston harbor, shall not extend to the
southward of a line drawn westwardly from the most
easterly point of Point Alderton, through the most north-
erly point of Moon Island to the channel of Neponset
River, excepting those portions of the town of Hull
embraced within the provisions of chapter one hundred
and seventy-seven of the acts of the year one thousand
eight hundred and sixty-three.

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

Approved February 11, 1876.

1876.— Chapter 9. 17

An Act making additional appropriations for certain expendi-
tures AUTHORIZED IN EIGHTEEN HUNDRED AND SEVENTY-FIVE

AND PREVIOUS YEARS.

Be it enacted, cfcc, as follows :

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

For printiuo^ and bindinoj ordered by the senate and P""tingand

~ ~ bindin"

house of representatives, two thousand seven hundred
sixty-six dollars and thirty-five cents.

For stationery, printing, etc., ordered by the sergeant- stationery.
at-arms, forty-two dollars and thirty-seven cents.

For contingent expenses of the senate and house of Contingent ex-
representatives, and necessary expenses in and about the Legislature,
state house, five hundred sixty dollars and thirty-two
cents.

For repairs in and about the state house during the Repairs.
previous year, one thousand four hundred seventy-five
dollars and thirty-nine cents.

For expenses connected with house number thirty-three, House No. 33,
Pemberton square, four hundred sixty-seven dollars and ^''''"'^^"°" ^4-
fifty cents.

For contingent expenses of the executive council, three contingent ex.
hundred forty-one dollars and twenty-seven cents. Ooundr

For council postage, printing, etc., one hundred twenty Postage-
dollars and ninety-five cents. ^''^""^•

For printing and binding the public series of documents Pubiic series of
for the year eighteen hundred and seventy-four, eight '^*^°"™«'"*«-
thousand four hundred ninety-six dollars and forty
cents.

For term reports, one thousand two hundred and four- Term report*.
teen dollars.

For extra clerical assistance in the secretary's depart- clerical assist-
ment, eighty-nine dollars and sixty-three cents. secr^ary.

For militia compensation, four thousand one hundred Miiitia compen-
seventy-five dollars and seventy-five cents.

For expenses of transportation of the militia, seven Miiitiatranspor-
thousand three hundred ninety-four dollars and ninety-five *''''°"'
cents.

For expenses of the bureau of the quartermaster-gen- Qunrtermaster-
eral, two thousand nine hundred ninety-four dollars and ^'''"'''■='^-
seventy-seven cents.
3

1876.— Chapter 9.

Quiirtermastcr'
supplies.

Military ac-
counts.

State alms-
house.

BoBton school
for deaf-mutes.

Transport.ition
of state paupers.

Industrial
school.

Industrial statis-
tics and census.

Bureau of statis-
tics.

Harbor com-
missioners.

Memorial stat-
ues in Washing-
ton.

Boston harbor.

Commonwealth
flats in Boston
harbor.

For quartermaster's supplies, two thousand four hunclred
thirty-nine dollars and sixty-eight cents.

For military accounts, five hundred sixty-six dollars and
sixty-six cents.

For the current expenses of the state almshouse at
Tewksbury, three thousand two hundred ninety-eight
dollars and forty-seven cents.

For the tuition of state beneficiaries in the Boston school
for deaf-mutes, three hundred eighty-two dollars and
sixty-four cents.

For the reimbursement of cities and towns for expenses
incurred in the transportation of state paupers to the state
almshouse, seventy-two dollars and fifty cents.

For the current expenses of the industrial school for
girls at Lancaster, a sum not exceeding four thousand
five hundred nineteen dollars and thirty-seven cents.

For expenses incurred in taking the industrial statistics
and decennial census of the CommouAvealth, a sum not
exceeding forty-six thousand dollars.

For expenses incurred by the bureau of statistics on the
subject of labor, four hundred seven dollars and twenty-
two cents.

For comiDcnsation and expenses of the harbor commis-
sioners, five hundred three dollars and twenty-eight cents.

The unexpended balance of the appropriation authorized
by chapter three hundred and sixty of the acts of the year
eighteen hundred and seventy-two, and chapter three
hundred and nineteen of the acts of the year eighteen
hundred and seventy-four, for the erection of memorial
statues in the national capitol at AVashington, is hereby
made applicable to the sanio purpose for the present year.

The unexpended balance of the appropriation authorized
by chapter three hundred and four of the acts of the year
eighteen hundred and seventy-four, entitled "An Act to
provide for the improvement of Boston harl)or at Junction
shoal," is hereby made applicable to the same purpose for
the present year.

The unexpended balance of the appropriation authorized
by chapter three hundred and twenty of the acts of the
year eighteen hundred and seventy-two, and chapter
twelve of the acts of the year eighteen hundred and
seventy-four, for the improvement of the Commonwealth
flats in Boston harbor, is hereby made api)licable to the
same purpose for the present year.

1876.— Chapter 10. 19

For compensation for lectures before the board of agri- Board of agri.
culture, thirty-one dollars and seventy-five cents.

For expenses of the secretary of the board of agricult- Secretary of

. T , /,» 111 board, expenses.

ure, a sum not exceeding twenty-hve dollars.

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

Approved February 18, 1876.
An Act making appropriations for the mileage and compen- ('y^^r, \{)

SATION OF THE MEMBERS OF THE LEGISLATURE, AND FOR THE ^'

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

Be it eiiacted, &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 senators' miie.
hundred dollars. ^^^'

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

For the mileasre of representatives, a sum not exceeding Represent-

t^ i ' C5 atives' mileage,

two thousand dollars.

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

For the compensation of the preacher of the election Election ser-
sermon, one hundred dollars. ™°°'

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

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

For the compensation of the doorkeepers, messengers Doorkeepers

1 /?ii i. II x" i. !.• and messengers.

and pages of the senate and house ot representatives, a
sum not exceeding twenty thousand dollars.

For expenses of summoning witnesses before committees, witnesses be-

dc r !> I'i i Tj? fore committees.

lor tees lor such witnesses, a sum not exceeding live

hundred dollars.

For the authorized expenses of committees of the Expenses of
present legislature, to include clerical assistance to com- *=o'"™»"^^^'
mittees authorized to employ the same, a sum not exceeding
eight thousand dollars.

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

Approved February 18, 1876.

1876.— Chapters 11, 12, 13.

Ghap. 11.

Government to
be in seven
directors.

Proceedings
confirmed.

Chaj), 12.

Time extended
for commence-
ment and com.
pletion.

Ghap, 13.

Additional
masters in chnn.
eery in Worces-
ter County.

An Act to change the time of election of the directors of
the collateral loan company, and for other purposes.

Be it enacted., tfcc, as follows :

Section 1. Section six of chapter one hundred and
sevent^^-thrce of the acts of ei^i^hteen hundred and tifty-
nine is hereby amended so as to read as follows : The
government of the company shall be in seven directors,
live of whom shall be chosen annually, at such time as the
stockholders may from time to time determine, together
with one to be appointed by the governor of the Common-
wealth, and one to be appointed by the mayor of the city
of Boston ; and the board thus created shall elect one of
their number president, and such other officers as may be
deemed necessary.

Section 2. The elections of directors, and other pro-
ceedings which have taken place at the annual meetings of
said corporation which have been held in November, are
hereby confirmed and made valid to the same extent as if
said meetings had been held in October.

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

Ajiproved February 21, 1876.

An Act to extend the time for commencing and completing
the cape cod ship canal.

Be enacted, &c., as follows:

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

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

Approved February 21, 1876.

An Act to authorize the appointment of additional masters
in chancery in the county of worcester.

Be it enacted, &c., as follows :

Section 1. The governor, by and with the advice and
consent of the council, is hereby authorized to appoint two
additional masters in chancery in and for the county of
Worcester ; and hereafter the number of masters in
chancery for said county shall be seven.

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

A2)provcd February 21, 1876.

1876.— Chapters 14, 15. 21

An Act providing for the return of juvenile offenders to Chap. 14.

THE STATE REFORM AND INDUSTRIAL SCHOOLS.

Be it enacted, <fec., as follows :

Section 1. Chapter one hundred and ninety-eight of Juvenile offend
the acts of eighteen hundred and sixty-six, is hereby to workhouse
amended in the sixth section, by adding thereto the words, toleformandTu^
"provided, that whenever in its judgment the object of '^"^'"''^ *'^^°*'^*-
such transfer has been accomplished, said board may
return such person, with the mittimus, to the institution
from which such transfer was made."

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

Approved February 21, 1876.

An Act TO APPORTION REPRESENTATIVES TO THE SEVERAL COUNTIES. Q/iar), 15,

Be it e7iacted, &c., as follows :

Section 1. The two hundred and forty members of Apportionment
the house of representatives are hereby apportioned to the atives to the

a J. 1 1 i. xi • • r i.\ several counties,

counties, agreeably to the provisions ot the con-
stitution, until the next decennial census, as follows; To
the county of Barnstable, six representatives ; to the
county of Berkshire, ten representatives; to the county of
Bristol, eighteen representatives; to the county of Dukes
County, one representative ; to the county of Essex,
thirty-three representatives ; to the county of Franklin,
six representatives ; to the county of Hampden, thirteen
representatives ; to the county of Hampshire, six repre-
sentatives ; to the county of Middlesex, forty representa-
tives ; to the county of Nantucket, one representative ; to
the county of Norfolk, excluding therefrom the town of
Cohasset, thirteen representatives ; to the county of Plym-
outh, including, in addition thereto, the town of Cohasset,
twelve representatives ; to the county of Suffolk, fifty
representatives ; to the county of Worcester, thirty-one
representatives.

Section 2. In case a new election is ordered during vacancies in
the present political year, to fill any vacancy in the house preset poiuicai
of representatives, said election shall be held in the dis- y^^*"-
trict which- elected the representative whose place is so
vacant, notwithstanding anything in this act.

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

Approved February 21, 187(5.

1876.— Chapters 16, 17.

Chai^. 16.

Corporators.

Name and pur-
pose.

Powers and
duties.

Proviso.

Real and per-
sonal estate.

Cha/p.

Person intoxi-
cated, may be
arrested with-
out a warrant.

An Act to incorporate the boston police relief association.
Be it enacted, &c., as follows :

Section 1. John W. Chase, Henry O. Goodwin,
George A. AValker, De Lafayette Thompson, George
Smith, their associates and successors, all of whom shall
be members of the police department of the city of
Boston, are hereby made a corporation, by the name
of the Boston Police Relief Association, in the city of
Boston, for the purpose of assisting the families of de-
ceased members of said association, and the members
thereof, when sick or disabled, or upon the decease
of their wives ; with all the powers and privileges and
subject to all the liabilities, duties and restrictions, set
forth in all general laws which now are, or may hereafter
be, in force relating to such corporations : provided, that
said corporation shall not be sul)ject to the laws relating
to life insurance companies, and shall not be summoned as
trustee in any action or process against any person or per-
sons who may hereafter be entitled to assistance from said
association, under the by-laws thereof, or under the pro-
visions of this act.

Section 2. Said corporation, for the purposes afore-
said, shall have power to receive grants, devises, bequests
and donations, and may hold real and personal estate not
exceeding one hundred thousand dollars in value.

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

Approved February 23, 1876.

17, An Act to authorize the arrest of intoxicated persons, with-
out A WARRANT, IN CERTAIN CASES.

Be it e)iacted, &c., as follows :

Whoever is found in a state of intoxication in a public
place, or is found in any place in a state of intoxication
committing a breach of the peace, or disturbing others by
noise, may be apprehended by any sherill', deputy sheriif,
constable, watchman or police ofScer, without a warrant,
and kept in custody in some suitable place until he is so
far recovered from his intoxication as to render it proper
to carry him before a court of justice. The officer may
then make a complaint against him for the crime of druuk-

^"'i*'^^* Approved February 23, 187G.

1876.— Chapters 18, 19, 20. 23

An Act to authorize the transfer of the newton free Chap. 18.

LIBRARY TO THE CITY OF NEWTON.

Be it e7iacied, &c., as follows :

Section 1. The Newton Free Library may grant, Newton Free
transfer and convey to the city of Newton, its franchise, ti4nTfurre'dTo ^
library and property, real and personal, for tjie establish- ubrary! '^ ^"^"*'
ment of a public library therein, to be forever maintained
by said city.

Section 2. All grants, donations or bequests hereto- Grants, dona.
fore made to the said Newton Free Library, shall, by hu,"e' fo^dty for
force of this act, and of the transfer and conveyance here- nbrary."'^^"^'"^
by authorized, inure and pass to the city of Newton, for
the use and benefit of the public library to be established
and maintained therein as aforesaid.

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

Approved February 28, 187G.

An Act in addition to an act to regulate and limit munici- (JJiap. 19.

PAL indebtedness.

Be it enacted, &c., as follows:

Section 1. Any city which at a legal meeting of its when act for
legal voters duly held for that purpose has accepted, or iTa'^sTcen^a^c-*
shall hereafter accept by a vote of two-thirds of the legal thfrds^^Jte'^of"^'
voters present and voting thereon, any act to supply said jfeuiJuthoHzed
city with pure water, may contract debts and issue bonds may be con.

tracted ov a

for the purposes and to the extent authorized by such act, majority vote of
by a vote of the majority of the members of each branch '^'^i"^""''"-
of the city council, taken by yeas and nays, in like man-
ner as provided in and subject to all the other provisions
of chapter two hundred and nine of the acts of eighteen
hundred and seventy-five.

Section 2. All acts and parts of acts inconsistent
herewith are hereby repealed.

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

Approved February 28, 1876.

An Act authorizing cities and towns to regulate the driv- Qhny^ on

ing of cattle over public ways. -^ *

Be it enacted, &c., as follows:

Section 1. Any city or town shall have power to reg- May regrniate
ulate, by suitable ordinances or by-laws, to be made in the cauie?etcf,over
manner now provided by law, the passage and driving of p^^^'^^^^ys'
sheep, swine and neat cattle through and over the public
streets, ways, causeways and bridges within the limits of

1876.— Chapters 21, 22.

Treasurer in:iy
deposit public
moneys in sucli
national banks
as shall be ap-
proved by gov-
ernor and coun-
cil.

Interest on de-
posits to be paid
into the treas-
ury.

such city or town, and to annex penalties not exceeding
fifty dollars for each violation thereof.

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

Apjyroved February 29, 1876.

Chap. 21. An Act in relation to the custody of the public moneys.

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

Section 1. The treasurer and receiver-ireneral is
hereby authorized to deposit such portion, as he may find
convenient, of the public moneys at any time in his pos-
session, in such national banks within this Commonwealth
as shall be approved by the governor and council : p7'0-
vkled, that the whole amount of money so deposited in any
one bank, shall not at any time exceed forty per centum of
the paid-up capital of such bank ; and jwovided, further^
that the approval of the governor and council shall be
renewed as often as once in every three consecutive
months ; and that all interest received on such deposits
shall be paid into the treasury of the Commonwealth.

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

Approved February 29, 1876.

Chat). 22. ^^ ^^"^ ^^ relation to the appointment of auditors under

^ * * CHAPTER FORTY-TIIKEE OF THE GENERAL STATUTES.

Be it enacted, &c., as follows :
Auditors may be Section 1. lu all cascs iu wdiich a trial may be had at

appointed when , , ™ , . -, , . . ^

several parties thc bar ot thc supciTor court under the provisions or
chapter forty-three of the General Statutes and any act
in amendment thereof, where there are several parties hav-
ing several estates at the same time in land or buildings
other than, and different from, the estates and interests for
Avhich provision is made in section seventeen of said chap-
ter, the said court may, in its discretion, appoint one or
more auditors to hear the parties and assess tlie dam-
ages in the manner set forth in said chai^ter, and report
upon such other matters arising in the cases, as may be
ordered by thc court; and the report shall ho prima facie
evidence upon such matters only, as are expressly embraced
in the order. Such auditors shall l)e subject to the pro-
visions of chapter one hundred and twenty-one of the
General Statutes relating to auditors, so far as they are
applicable.

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

Approved February 29, 1876.

have several es-
tates at same
time, in land,
etc.

G. S. 43, § 17.
G. 8. 121.

1876.— Chapteks 23, 24. 25

An Act relating to the deductions from the terms of sen- Chap. 23.

TENCES OF convicts IN THE STATE PRISON.

Be it enacted, &c., asfolloivs :

Section 1. For the purpose of computing the number au sentences to
of days to be deducted for good conduct from the term or one, in comput.

, /•ii J f -i-xi i.i. • ine deductions

terms or the sentence or a convict in the state prison, for good con-
under section fifty-one of chapter one hundred and seventy- *^"''*-
nine of the General Statutes, all sentences imposing upon
such convict continuous imprisonment in said prison, shall
be treated as one sentence, whether imposed at the same
term or at diftercnt terms of court : provided, however, Proviso.
that this act shall not apply to sentences for offences com-
mitted during the term or terms of such imprisonment.
Section 2. This act shall take effect upon its passage.

Approved February 29, 1876,

An Act to amend an act to establish the city op ciielsea. QJiap. 24.

Be it enacted, &c., as follows :

Section 1. The act to establish the city of Chelsea, Eight aidemen
approved the thirteenth day of March, a. d. eighteen [°rge.^'''*''®*^ *''
hundred and fifty-seven, is hereby so amended, that here-
after eight aldermen, being inhabitants of said city without
regard to residence in wards, shall be elected by the
qualified voters of the city at large voting in their
respective wards, and in the same manner as is now pro-
vided in said act for the election of mayor ; and the same
proceedings shall be had to ascertain and determine the
persons chosen as aldermen, as are now provided in said
act in regard to the choice of mayor ; and in case of
vacancy, the mayor and aldermen shall issue their warrant
for a new election to be held in the manner above pro-
vided.

Section 2. All acts and parts of acts inconsistent Repeal.
with this act are hereby repealed.

Section 3. This act shall be void unless accepted by subject to ac.
a majority of the legal voters of said city present and legafvoteM.
voting thereon by ballot, at meetings which shall be held
in the several wards of said city on the Tuesday next
after the first Monday of November next. Meetings for
that purpose shall be duly warned and called by the mayor
and aldermen of said city. Said ballots shall be "yes" or
" no " in answer to the question, " Shall an act passed by

1876.— Chaptehs 25, 26, 27.

the legislature of the Commonwealth in the year eighteen
hundred and seventy-six, entitled 'An Act to amend an act
to establish the city of Chelsea,' be accepted?"

Approved February 29, 1876.
(Jhap. 25. An Act to extend the charter of the Massachusetts college

OB" PHARMACY.

Jie it enacted, t&c, as follows :

Section 1. The "Massachusetts College of Phar-
macy," in the city of Boston, shall be and remain a body
corporate after the expiration of its present charter, as
fully as if no limitation in regard to time were contained
therein ; and shall continue to have the powers and priv-
ileges, and to be subject to the duties, liabilities and
restrictions, set forth in its charter and in the general laws
which are or may be in force relating to such corporations.

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

Aj)2irovcd February 29, 1876.

Charter extend-
ed without
limitation of
time.

Chap. 26. An Act to authorize the bay state iron company to increase

ITS CAPITAL stock.

May increase
capital stock.

Real and per-
sonal estate.

Amendment to
1830, 26, § 1.

Be it enacted, &c., as follows :

Section 1. The Bay State Iron Company, incorporated
by chapter twenty-six of the acts of the year one thou-
sand eight hundred and fifty, is hereby authorized to
increase its capital stock to an amount not exceeding one
million five hundred thousand dollars ; and said corpora-
tion may hold real and personal estate, for the purposes
for which it was incorporated, not exceeding in amount
one million five hundred thousand dollars.

Section 2. Section one of said chapter twenty-six of
the acts of the year one thousand eight hundred and fifty,
is hereby amended by striking out the words "in the city
of Boston, county of Suflblk."

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

Approved February 29, 1876.
27. An Act authorizing the town of natick to raise money to

PAY the expenses OF THE FUNERAL OF THE LATE VICE-PRESI-
DENT, HENRY WILSON.

Be it enacted, &c., as folloivs :
^To'^iJay A^ner- Section 1. Tho towH of Natlck is hereby authorized
vice*pix"'idcMt'^of t^ appropriate and raise by taxation a sum of money not
United states, cxcccding the sum of one thousand dollars, to pay tho

Chap

1876.— Chapters 28, 29. 27

expenses of the funeral in said town of the late vice-presi-
dent of the United States, Henry Wilson.

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

Apj^roved February 29, 187G.
An Act fixing the compensation of members of the legisla- (JJiap. 28.

TUUE.

Be it enacted, &c., asfolloivs:

Section 1 . Each member of the senate and house of of°™P^"tfe'i?8'°o"
representatives shall receive six hundred and fifty dollars the legislature.
for the regular annual session for which he is elected, and
the president of the senate and the speaker of the house
of representatives shall receive double the compensation
p^rovided for each individual member by this act.

Section 2. Chapter one hundred and ninety of the Repeal of isti,
acts of the year eighteen hundred and seventy-one is here-
by repealed.

Section 3. Section one of chapter three hundred and f8^2*"3^"Ti ***
twenty-eight of the acts of the year eighteen hundred and
seventy-two is amended in the fourth line by striking out
the words "seven hundred and fifty" and inserting the
words "six hundred and fifty."

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

Api^roved February 29, 1876.

An Act to authorize the town of duxbury to establish a QJiap. 29.
sinking fund, to meet the loan made to fay 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 Dux- May establish
bury may from time to time appropriate therefor, shall be pay "of stock*k>
set apart as a sinking fund, which, with the accumulated cohjI'ssetRail.
interest upon the same, shall be devoted to the payment at ""oad.
maturity of the loan or loans made by said town to pay
for its stock in the Duxbury and Cohasset Railroad Com-
pany.

Section 2. Such sinking fund shall be subject to the commissioners
provisions of section five of chapter two hundred and nine jsTs^^og §5
of the acts of the year eighteen hundred and seventy-five ;
and commissioners of said sinkinsr fund shall be elected
and vacancies in the board filled in accordance with the
provisions of said section five, with all the powers and
subject to all the limitations and liabilities therein ex-
pressed.

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

Apjiroved March 3, 1876.

1876.— Chapters 30, 31.

Chap.

30. An Act to dissolve the salem dispensary and to authorize
the transfer of its property to the salem hospital.

Salem Dispen-
Bary may trans-
fer funds and
property to
Balem Hospital.

Corporation to
be dissolved.

Be it enacted, tfcc, as follows :

Section 1. The Salem Dispensary, incorporated by
chapter thirty of the acts of the year eighteen hundred and
thirty, is hereby authorized and empowered to transfer
and convey all funds and property whatsoever which it
now holds, to the Salem Hospital, a corporation organized
under the general laws in the year eighteen hundred and
seventy-three, and established in the city of Salem.

Section 2. Said first-named corporation, upon such
transfer and conveyance, and without further act, shall be

dissolved.

Approved March 3, 1876.

Chat) 31. -^"^ "^^^ ^^ AUTHORIZE THE APPOINTMENT AND TO DEFINE THE
^' * DUTIES OF A HARBOR-MASTER FOR THE PORT OF NEWBURYPORT.

Be it enacted, &c., as follows:

Section 1. The board of mayor and aldermen of the
city of Newburyport may appoint a harbor-master for the
port of Newburyport, who shall continue in office until a
successor is qualified, and who, before entering npon the
duties of his office, shall give to the treasurer of said city
a bond, which shall be satisfactory to the board of mayor
and aldermen, in the sum of two thousand dollars, con-
ditioned upon the faithful performance of his duties ; and
said harbor-master shall have the power to appoint a
deputy when, in the opinion of the board of mayor and
aldermen, it is necessary; and such appointment shall be
subject to their approval, and said board shall fi.x the
salaries of both of said officers. Said harbor-master shall
enforce the provisions of this act.

Section 2. All vessels entering the said harbor shall
be anchored according to the direction of the harbor-
master.

Section 3. Every vessel before unloading lumber in
the stream shall get a permit from the harbor-master,
designating where such lumber may be rafted to avoid
obstructing the channel or hindering the movements of
other vessels.

Section 4. Ever}' vessel lying in the harbor, or at any
wharf or pier, in said port, shall, when directed by the
harbor-master, cockbill the lower yards, brace the topsail
yards, fore and aft, and rig in the jib-boom.

Harbor-master
may be ap-
pointed.

To give bonds.

May appoint a
deputy.

Vessels to be
anchored under
direction of har-
bor-master.

To get a permit
from liarbor-
master before
unloading.

To brace yards,
etc., when di-
rected.

1876.— Chapter 31. 29

Section 5. Said harbor-master may cause to be moved, jf^^Jj^r'^^J'^^^j'"
any vessel lying in the harbor and not anchored according iiiir to directions
to his direction, and not moving when directed by him so mast'e'r.'"^'
to do, and the expense thereof shall be paid by the master
or owners of such vessel ; and in case of neglect or refusal
to pay after the same shall have been demanded, said
expense may be recovered of said master or owners by the
harbor-master to the use of the said city, in an action of
contract.

Section 6. No person shall throw or deposit in said Gravel, etc., n(,t

11 / J 1 o A 1 1 1 1 1. to be deposited

harbor, or any part thereof, any stones, gravel, ballast, in harbor.
cinders, ashes, dirt, mud or other substance which may in
any way tend to injure the navigation thereof.

Section 7. No warp or line shall be passed across the channel not to
channel or any dock, so as to obstruct vessels passing warpa or lines.
along the same.

Section 8. If any vessel occupying a berth at any of g^f;f,f'I,\*°rt},g
the wharves or piers of said city, either with or without when directed,
the consent of the wharfinger thereof, shall fail to vacate
such berth upon notice from the wharfinger or his agent to
the master, or those having such vessel in charge for the
time being, in a reasonable time, to be adjudged by the
harbor-master, the harbor-master shall then cause such
vessel to be moved to some other berth, or anchored in the
stream, and the expense thereof may be collected of the
master or owners thereof, by the harbor-master, to the
use of said city, in an action of contract.

Section 9. The harbor- master shall have authority to To be stationed
regulate and station all vessels in the stream of said harbor, jlaiVo'i'-ma^ter
and to remove such as are not employed in receiving or °^ay order.
discharging their cargoes, to make room for such others as
require to be more immediately accommodated for the pur-
pose of receiving or discharging their cargoes, and as to
the fact of their being fairly and actually employed in
receiving or discharging their cargoes, the said harbor-
master is hereby constituted the sole judge.

Section 10. Whoever shall refuse or neglect to obey Penalty for dis-

,. . /••Til J 111 •j.i- obeyuig instruc-

the instructions of said harbor-master, or shall resist him tions.
in the execution of his duties, shall forfeit and pay a fine
not exceeding fifty dollars.

Section 11. Any person violating the provisions of i^^-^|''^y ^o""
this act, in addition to any fines imposed in accordance
herewith, shall be liable in an action of tort to any person
suffering damage by such violation.

30 1876.— Chapters 32, 33, 34.

^.rtrbefur!" Section 12. It shall be the duty of the harbor-master
iiished with ^Q place in tlie hands of the master of every vessel arrivinsr

copy of act. » /. in i /> i •

at the i)ort of Newburyport, a copy of this act.
Harbor to ex- SECTION 13. For the Durposes of this act the harbor of

tend from chain ini i tp ii-

bridge at Deer said poi't shall be construed to extend irom the chain
bar." ' " '' bridge across the Merrimac River at Deer Island, to the
bar at the entrance of said harbor.

Section 14. This act shall take effect upon its passage.

Apj^roved March 3, 1876.

Chan. 32. -^^ -^^"^ '^^ pueseuve the eel fisheries in jokes kiver, in the

■^ ' ' TOWN OF KINGSTON.

Be it e}iacted, &c., as folloivs :
Eel fisheries in Section 1. Whocvcr takcs, catches or destroys any

Jones River, in , . , . . '' •'

Kingston, to be ccls ui Joucs Kivcr, HI the town oi Kingston, in the county
preserve . ^^ Plymouth, in any other manner than by spear or hook

and line, shall forfeit for every eel so taken, not less than

one dollar nor more than five dollars, one-half of said fine

to be paid to the complainant.
Fines and pen- Sectiox 2. All fiucs or pcnaltlcs for violatiug this act,

with costs, may be recovered in any court competent to

try the same.

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

Approved March 7, 1876.
Chap. 33. An Act to amend chapter three hundred and seventy-two

OF THE ACTS OF THE YEAR ONE THOUSAND EIGHT HUNDRED AND
SEVENTY'-FOUR in RELATION TO THE UNIFOKM OF CERTAIN EM-
PLOYES OF RAILROAD CORPORATIONS.

Be it enacted, &c., as follows :

Amendment to ScctioH ouc huudrcd and thirty-four of chapter three
18,4, 3,2, §13-1. }^mjjj.(3(j jji^^i seventy-two of the acts of the year one thou-
sand eight hundred and seventy-ft)ur, is amended by insert-
ing before the Avord "cap," wherever it occurs in said
section, the words "hat or." Approved March 7, 1876.

Chan. 34 ^^ ^^^ "^^ authorize the newburyport society for the relief

^ ' 'of aged FEMALES, TO HOLD ADDITIONAL REAL AND PERSONAL

ESTATE,

Be it enacted, &c., as folloivs :
May hold ad. Section 1. The Newburviiort Society for the Relief of

dilional real and . i x-< i • i i i • i ' i

persoiiui estate. Agc(i l^euiales, IS nerei)y autnonzed to purcnaso, receive
and hold, by gift, grant, devise or otherwise, real and
personal estate to an amount not exceeding seventy thou-
sand dollars, in addition to the amount authorized l)y chap-

1876.— Chapters 35, 36. 31

ter one hundred and fifty-three of the acts of the year
eighteen hundred and thirty-nine, and by chapter four of
the acts of the year eighteen hundred and fifty-nine.

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

Approved March 7, 1876.
An Act to authorize the city of newton to issue additional QJiap. 35.

WATER SCRIP.

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

Section 1. The city of Newton, in addition to the May issue ad-

./. . • i\ • T ^ ij Ai 1 ditional water

amount or water scrip authorized by chapter turee hun- sciip, not
dred forty-four of the acts of the year eighteen hundred Pso^ouo.^
seventy-two, and by section thirty of chapter three hun-
dred and twenty-six of the acts of the year eighteen hun-
dred and seventy-three, may issue a further amount
thereof, not exceeding the sum of two hundred and fifty
thousand dollars, in accordance with the provisions of said
first cited chapter, and for the purposes named therein.
Section 2. This act shall take efiect upon its passage.

Ai^proved March 7, 187G.
An Act to authorize the appointment and to define the QJiQrf 3(3

DUTIES OF A harbor-master FOR THE PORT OF NEW BEDFORD. ^'

Be it enacted, <fcc., as follows :

Section 1. The board of mayor and aldermen of the Haibor-master
city of New Bedford may appoint a harbor-master for the pohjted.'*^'
port of New Bedford, who shall continue in oflice until a
successor is qualified, and who, before entering upon the
duties of his oflice, shall give to the treasurer of said city a
bond, which shall be satisfactory to the board of mayor to give bonds.
and aldermen, in the sum of two thousand dollars, con-
ditioned upon the faithful performance of his duties ; and
said harbor-master shall have the power to appoint a Mny appoint a
deputy when, in the opinion of the board of mayor and ^"^'^^y-
aldermen, it is necessary, and such appointment shall be
subject to their approval, and said board shall fix the
salaries of both of said ofiicers. Said harbor-master shall
enforce the provisions of this act.

Section 2. All vessels entering the said harbor shall vessels to be
be anchored according to the direction of the harbor- ^iwecJon othll.

master. bor-master.

Section 3. Every vessel before unloading lumber in to get a permit
the stream, shall get a ])ermit from the harbor-master f'^m harbor-

i..iif, r- 1 1 '"■"^ter before

designatmg where such lumber may be rafted to avoid unloading.

1876.— Chapter 36.

To brace yards,
etc., wlicu di-
rected.

To be moved in
liarbor accord-
ing to directions
of liarbur-
master.

Gravel, etc., not
to be deposited
in harbor.

Channel not to
be obstructed by
warps or lines.

Vessels to
change berths
when directed.

To be stationed
in stream as
harbor-niaster
may order.

Penalty for dis-
obeying instruc-
tions.

obstriictinjr the channel or hiuderino: the movements of
other vessels.

Section 4. Every vessel lying in the harbor or at any
wharf or pier in said port, shall, when directed by the
harbor-master, cockbill the lower yards, brace the topsail
yards, fore and aft, and rig in the jib-boom.

Section 5. Said harbor-master may cause to be moved
any vessel lying in the harbor and not anchored according
to his direction, and not moving when directed by him so
to do, and the expense thereof shall be paid by the master
or owners of such vessel ; and in case of neglect or refusal
to pay after the same shall have been demanded, said ex-
pense may be recovered of said master or owners by the
harbor-master, to the use of the said city, in an action of
contract.

Section 6. No person shall throw or deposit in said
harbor or any part thereof, any stones, gravel, ballast,
cinders, ashes, dirt, mud or other substance which may in
any way tend to injure the navigation thereof.

Section 7. No warp or line shall be passed across the
channel, or any dock, so as to obstruct vessels passing
along the same.

Section 8. If any vessel occupying a berth at any of
the wharves or piers of said city, either with or with-
out the consent of the wharfinger thereof, shall fail to
vacate such berth upon notice from the wharfinger or his
agent to the master, or those having such vessel in
charge for the time being, in a reasonable time, to be ad-
judged by the harbor-master, the harbor-master shall then
cause such vessel to be moved to some other berth, or
anchored in the stream, and the expense thereof may be
collected of the master or owners thereof, by the harbor-
master, to the use of said city, in an action of contract.

Section 9. The harbor-master shall have authority to
regulate and station all vessels in the stream of said har-
bor, and to remove such as are not employed in receiving
or discharging their cargoes, to make room for such others
as require to be more immediately acconunodated for the
purpose of receiving or discharging their cargoes, and as
to the fact of their being fairly and actually cmi)loyed in
receiving and discharging their cargoes, the said harl)or-
master is hereby constituted the sole judge.

Section 10. AVhoever shall refuse or neglect to obey
the instructions of said harbor-master, or shall resist him

1876.— Chapter 37. 33

in the execution of his duties, shall forfeit and pay a fine
not exceeding fifty dollars.

Section 11. Any person violating the provisions of Liability for
this act, in addition to any fines imposed in accordance ^™^^'^^*
hercAvith, shall be liable in an action of tort to any person
suffering damage by such violation.

Section 12. It shall be the duty of the harbor-master Masters of ves.
to place in the hands of the master of every vessel arriv- nkhedwu^ha
ing at the port of New Bedford a copy of this act. copy of this act.

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

Ajyproved March 7, 1876.

An Act to change the name of the proprietors of the fourth nj^^n^ 37

UNI VERS ALIST MEETING-HOUSE IN BOSTON, AND FOR OTHER PUR- ^'

POSES.

Be it enacted, &c., as follows :

Section 1. The name of the Proprietors of the Fourth Name chanared
Universalist Meeting-house in Boston is hereby changed uniwfsa'ifst'^'*^
to the Broadway Universalist Society. society.

Section 2. All acts which have been done and per- Acts legalized
formed by the Proprietors of the Fourth Universalist '""'^ ''^^^■'^^^■
Meeting-house in Boston since the year eighteen hundred
and thirty-seven under the name of the Broadway Univer-
salist Society, are hereby legalized and confirmed and
made of the same force and effect as if performed under
its corporate name.

Section 3. The Broadway Universalist Society is Real estate not
hereby authorized to hold real estate to the amount of one $^00,000.^
hundred thousand dollars, subject to all laws which now
are, or may hereafter apply to such religious societies.

Section 4. The real estate described in a deed of Title to real es.
Caleb Thurston to the Broadway Universalist Society, ^ '^ '^°" ^^^ '
dated March ninth eighteen hundred and sixty-nine, and
recorded in the Suffolk registry of deeds, book nine hun-
dred and fifty-four, shall be held by the Broadway Univer-
salist Society, and the title thereto is hereby confirmed,
made valid and of the same force, as if deeded to said
society under its corporate name.

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

Approved March 7, 1876.
5

1876.— Chapteks 38, 39.

Charter revived
to enable presi-
dent and direct-
ors to convey
real estate.

Chap, 38. An Act to revive the boylston bank en the city of boston for

CEIiTAIN PURPOSES.

Be it enacted, &c., as follows:

Section 1. The corporation heretofore known as the
Boylston Bank in the city of Boston, is revived and con-
tinued for the purpose of enabling the president and sur-
viving directors of said Boylston Bank, at the time when
the same became an association for carrying on the business
of banking under the laws of the United States, to convey,
assign and transfer to the Boylston National Bank, any
real estate, or interests therein, of said Boylston Bank,
and for no other purpose whatever.

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

Aiyproved March 7, 1876.

Chap. 39. ^N Act in further addition to an act making appropriations
* for the maintenance of the government during the present

YEAR.

Be it enacted, &c., as follotvs :
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-tirst day
of December, in the year eighteen hundred and seventy-
six, to wit : —

Printing and
binding ordered
by legislature.

Senate station-
ery.

Senate blanks
and circulars.

House station,
ery.

House blanks
and circulars.

Stationery, etc.,
ordered by ser-
geunt-at-arms.

LEGISLATIVE AND EXECUTIVE DEPARTMENTS.

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

For stationery for the senate, purchased by the clerk of
the senate, a sum not exceeding nine hundred dollars.

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

For stationery for the house of representatives, pur-
chased by the clerk of the house of representatives, a sum
not exceeding one thou.sand eight hundred dollars.

For printing blanks and circulars and the calendar of
orders of the day for the use of the house of represent-
atives, a sum not exceeding one thousand five hundred
dolhirs.

For books, stationery, printing and advertising, ordered
by the sergcant-at-arins for the legislature, a sum not
exceeding: one thousand dollars.

1876.— Chapter 39. 35

For postage, printing and stationery for the governor Postage, etc,
and council, a sum not exceeding five hundred dollars. aud^wu'^ncii!^
For the contingent expenses of the governor and conn- contingent ex-

• I , ^ ■,. ii 1 /» 1 1 1 penses of coun-

cil, a sum not exceeding one thousand nve hundred cu.

dollars.

For the expenses of the executive department as author- Expenses of

ized by chapter two hundred and fifty of the acts of the partment.

year eighteen hundred and seventy, a sum not exceeding

five thousand dollars.

STATE HOUSE EXPENSES.

For fuel and lights for the state house, a sum not state house-
exceeding four thousand five hundred dollars.

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

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

HOUSE NO. 33 PEMBERTON SQUARE.

For rent, taxes and other expenses connected with house Expenses of

1 ,^ Pem

square.

number thirty-three Pemberton square, a sum not exceed- berton'" ^^"^

ing: ten thousand dollars.

STATE PRINTING.

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

For printing and binding four thousand five hundred i^nd[n"/»Blue
copies of the " blue book " edition of the acts and resolves Book."
of the present year, with the governor's message and other
matters, in the usual form, a sum not exceeding six thou-
sand dollars.

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

1876.— Chapter 39.

Public docu-
ments.

Terra reports.

Supplement to
General Stat-
utes.

For printing the pnblic series of documents for the year
eighteen hundred and seventy-six, under direction of the
secretary of the Commonwealth, and for binding the copies
to be distributed to the towns and cities, a sum not exceed-
ing forty 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 exceeding
five hundred dollars for the publication, and two hundred
dollars for editing the same.

Incidental ex-
penses —
Secretary.

Treasurer,

Tax commis-
sioner.

Auditor.

Insurance com-
missioner.

Supreme judi-
cial court.

Attorney-gen-
eral.

Civil actions.

Surgeon-gen-
eral.

Medical sup-
plies.

Reimbursement
for state aid.

INCIDENTAL AND CONTINGENT EXPENSES.

For incidental expenses of the secretary's department, a
sum not exceeding five 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 dollars.

For expenses of the tax commissioner, a sum not exceed-
ing three thousand five hundred 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
exceedins: two thousand five hundred dollars.

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

MILITARY.

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

For medical, surgical and hospital supplies, and con-
tingent expenses connected therewith, the same being for
the use of the volunteer militia, a sum not exceeding five
hundred dollars.

For the reimbursement of cities and towns for money
paid on account of state aid to Massachusetts voluu-

1876.— Chapter 39. 37

teers and their families, a sum not exceeding four hundred
and fifty 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

.■,,-, 1 . Txi special laws.

special acts and resolves, a sum not exceeding two hun-
dred dollars.

For the payment of bounties remaining due to Massa- Bounties to
chusetts soldiers, a sum not exceeding five hundred
dollars.

AGRICULTURAL.

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

. ' I 1 A^ Till societies.

mg eighteen thousand dollars.

For the personal expenses of members of the board of Expenses of

, , T ji T n ^ members of

agriculture, a sum not exceeding one thousand five hun- board.
dred dollars.

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

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

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

The fees received under section two of chapter two Fees for licenses
hundred and six of the acts of the year eighteen hundred §2.^'^^ ' '
and seventy-four, entitled, "An Act concerning commer-
cial fertilizers," are hereby appropriated, to be used in
accordance with the provisions of section five of the same
act.

MISCELLANEOUS.

For the salary of the chief of the bureau of statistics on Bureau of statis.
the subject of labor, three thousand dollars; and for the salary of chief
salary of his deputy, two thousand dollars. """^ ^'^'''^•

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

To the sheriffs of the difierent counties for distributing sheriffs, for dis.
proclamations, blanks, and making returns of votes, a sura matiou"s?^'°°'*'
not exceeding five hundred dollars.

For the purchase of books for the state library, two thou- Books for state
sand three hundred dollars, to be expended under direction ' '^^'^^'
of the trustees and librarian.

For the compensation of experts or other agents, for Railroad com.

„^ i£. ,. 7. irj.1'11 missioners, con-

rent of ofiiice and tor contingent expenses ot tlie railroad tingent ex-
commissioners, a sum not exceeding three thousand dollars, p"'*^^-

1876.— Chapter 40.

Commissioners
ou public lands.

Commissioners
on fisheries.

State board of
health.

Commissioner
of corporations.

Harbor com-
missioners.

Industrial statis-
tics.

Decennial
census.

Commonwealth
flats at South
Boston.

Obsequies of
Henry Wilson.

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 one 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 Avith the statutes.

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

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

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

For the compensation and expenses of the harbor com-
missioners, a sum not exceeding twelve thousand dollars.

For expenses incurred under authorit}^ of chapter three
hundred and eighty-six of the acts of the year eighteen
hundred and seventy-four, entitled "An Act to provide
for taking the industrial statistics and decennial census of
the Commonwealth," a sum not exceeding twenty thou-
sand dollars.

For the compensation and expenses of the agents for the
Commonwealth flats at South Boston, a sum not exceeding
ten thousand dollars.

For expenses attending the obsequies of the late Henry
Wilson, as authorized by the governor and council, a sum
not exceeding five thousand five hundred dollars.

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

Approved March 10, 1876.

Chap. 40. An Act to authorize the old colony railroad company to

BUILD A BRANCH RAILROAD IN QUINCY.

Be it enacted, &c., as follows:

Section 1. The Old Colony Railroad Company may
locate, construct, maintain and operate a railroad between
a point on its main line in Quincy near the Wollaston sta-
tion and the land and docks of the AVollaston Wharf and
Dock Company, in said Quincy.

Section 2. The time within which the said railroad
shall be located and constructed is limited to three years
from the passage of this act.

Section 3. This act shall take cff*ect upon its passage.

Approved March 10, 187G.

May construct
branch road in
Quincy.

Time for loca-
tii)n and con-
struction.

1876.— Chapters 41, 42. 39

An Act to discontinue a part of a public landing place in Chap. 41.

THE TOWN OF BRADFORD.

Be it enacted, &c., as follows:

Section 1 . So much of the public landing place at the puwic landing.
foot of Ferry Street in the town of Bradford, county of uirued/^*^"""
Essex, as lies north-westerly of a line running north,
twenty-two degrees east, from a stone monument to the
Merrimack River, said monument being located two hun-
dred ninety-eight feet north, seventy and one-fourth
degrees west, of a stone monument standing at the south-
easterly corner of said landing place, be, and the same is,
hereby discontinued as a public highway and landing
place.

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

Approved March 10, 1876.

An Act to incorporate the sturbridge aqueduct company. Chav. 42.

Be it enacted, &c., as follotvs :

Section 1. Amasa C. Morse, George W. Barnes, corporators.
Elbridge Cass, Charles N. Allen, Jacob A. Cony, Ephraim
Burr, Evelina W. Hyde, Phcebe P. Hutchins, James
Whittemore, John N. Chamberlin, Jonah B. Griswold and
Farnum Southwick, their associates and successors, are
hereby made a corporation by the name of the Sturbridge Name and pur-
Aqueduct Company, for the purpose of furnishing the ^°*^"
inhabitants of the centre village of Sturbridge with pure
water; with all the powers and privileges, and subject to Po\yersand
all the duties, restrictions and liabilities set forth in all
general laws which now are or hereafter may be in force
applicable to such corporations.

Section 2. Said corporation may take, hold and con- May take water
vey to, into and through the said village of said town the MskeHuu"^""
water of a spring and well on land of Samuel H. Hobbs
and Hannah Hobbs, on the westerly side of Fiske Hill, so
called, in said town, and may take and hold, by purchase
or otherwise, any real estate necessary for the preservation
and purity of the same, or for forming any dams or reser-
voirs to hold the same, and for laying and maintaining said
aqueduct, and for distributing water, and may lay its Mayiay-water-
water-pipes through any private lands, with the right to prWatliXfs.
enter upon the same and dig therein for the purpose of
making all necessary repairs, and for the purposes afore-
said may carry its pipes under any street, highway or

1876.— Chapter 43.

To file in the
registry of deeds
a description of
the land taken.

May establish
water-rates.

Real and per-
sonal estate.

Capital stock
and shares.

Penalty for
polluting or
diverting water.

CJiajp.

Springfield and
New London
Railroad Coni-
any may lease

pa
its

ruad.

private way, in such manner as not to obstruct the same :
provided, that any work done on any public way shall be
done under the direction of the selectmen of said Stur-
bridge.

Section 3. Said corporation shall, within sixty days
after the taking of any land under this act, file in the
registry of deeds of the county of Worcester a description
thereof sufficiently accurate for identification, and shall
state the purpose for which it is taken. Any person or
corporation injured in property by any of the acts of said
corporation, under the provisions hereof, 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 4. Said corporation may establish rates for
the use of said water, and collect the same by suits or
otherwise, and may make such contracts with the town of
Sturbridge, or with individuals, to supply water for fire
purposes and other uses, as may be agreed upon by said
town or individuals and said corporation.

Section 5. Said corporation, for the purposes afore-
said, may hold real and personal estate not exceeding in
amount three thousand and five hundred dollars in value,
and the capital stock shall not exceed four thousand dol-
lars, to be divided into shares of fifty dollars each, and no
liability shall be incurred by said corporation until twenty-
five per cent, of its capital stock has becii paid in, in
cash.

Section 6. Any person who takes without right, or
wilfully or maliciously corrupts, pollutes or diverts any of
the water taken under this act, or injures any dam, reser-
voir, aqueduct, pipes or other property owned or used by
said corporation, for the purposes of this act, shall pay to
said corporation three times the amount of actual damage
to said corporation, to be recovered in an action of tort.

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

Approved March 10, 1876.

43^ An Act to authorize the Springfield and new london rail-
road COMPANY TO LEASE ITS RAILROAD AND MAKE CONTRACTS
FOR OPERATING THE SAME.

Be it enacted, &c., as follows :

Section 1. The Springfield and New London Railroad
Compau}'^ may lease its road to the Connecticut ^'allcy
Railroad Company, or to the Connecticut Central Rail-

1876.— Chapters 44, 45. ' 41

road Company, railroad corporations established in the
state of Connecticut, or to any other railroad corporation
whose tracks now or may hereafter connect with the tracks
of said Springfield and New London Railroad Company, or
of said Connecticut Central Railroad Company, upon such
terms and for such time as the directors may agree and as
may be approved by a majority in interest of all the stock-
holders of each corporation at meetings duly called for the
purpose, and may make with any such corporation any
contract for operating its road which may be agreed to by
the directors, and approved by the stockholders iij the
manner herein before provided ; subject, however, to all
the duties, restrictions and liabilities set forth in the gen-
eral laws which now are or hereafter may be in force relat-
ing to railroad corporations.

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

Aj^proved March 13, 1876.
An Act conceijning the trustees of the museum of compar- Q/iap. 44.

ATIVE zoology.

Be it enacted, &c., as follows :

Section 1. The Trustees of the Museum of Compar- Trustees of mu-
ative Zoology are authorized and empowered to convey all ati™ zooi'^y'''^'
the property in their hands to the President and Fellows "'-'^y °°/T^ct

1 1 /->! n property to Har-

of Harvard College upon the same trusts upon which it is vardcouege.
now held by said Trustees, and upon such other trusts not
conflicting or inconsistent therewith as said corporations
may agree upon ; and the said President and Fellows of
Harvard College are authorized to receive said property
upon said trusts, and shall thereupon have all the powers
and be subject to all the duties, in relation to the said
property, given to and imposed upon the said Trustees
by their act of incorporation and the acts in amendment
thereof.

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

Ajjproved March 13, 1876.

An Act to preserve the eel fisheries in eel river in the
town of plymouth.

Chap. 45.

Be it enacted, &c., as follows :

Section 1. Whoever takes, catches or destroys any Eei flsheries to
eels in Eel River in the town of Plymouth, in the county ^e preserved.
of Plymouth, in any other manner than by spear or hook
and line, shall forfeit for every eel so taken not less than
6

1876.— Chapters 46, 47.

Penalty for ob-
structing free
passage of eels.

Recovery of
Penalties.

one dollar, nor more than five dollars, one-half of said fine
to be paid to the complainant.

Section 2. Whoever wilfully places any obstruction,
or otherwise interferes with the free passage of eels in said
river, shall forfeit a sum not less than fifty nor more than
one hundred dollars for each offence.

Section 3. All fines or penalties for violating this act,
with costs, may be recovered in any court competent to
try the same.

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

Approved March 13, 1876.

Chan. 46. -^^ -^^t to authorize the county commissioners of the

■^' ' county of BARNSTABLE TO BRIDGE BROAD NOOK.

Be it enacted, c&c, asfolloivs:

Section 1. The county commissioners of the county
of Barnstable are hereby authorized to lay out and con-
struct a bridge across Broad Nook, in the town of Barn-
stable, subject to the provisions of chapter four hundred
and thirty-two of the acts of the year eighteen hundred
sixty-nine.

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

Apiiroved March 13, 1876.

County commis-
sioners may con-
struct bridge
across Broad'
Nook, in Barn-
stable.

Chaj). 47.

Committee to
direct what
books shall be
used in schools.

May change

books by two-
thirds vote of
■whole commit-
tee.

If books are
changed, to be
furnished at ex-
pense of town or
city.

Repeal of G. S.

38, § 28.
1863, 126.
1867, 155.
1873, 292.

An Act in relation to text-books in the public schools.
Be it enacted, &c., asfolloivs :

Section 1. The school committee shall direct what
books shall be used in the public schools, and shall pre-
scribe, as far as is practicable, a course of studies and
exercises to be pursued in said schools.

Section 2. In any town or city in this Commonwealth,
a change may be made in the school-books used in the
public schools by a vote of two-thirds of the whole school
committee thereof, at a meeting of said committee, notice
of such intended change having been given at a previous
meeting of said committee.

Section 3. If any change is made, as provided for in
section second of this act, each pupil then belonging to the
public schools and requiring the substituted book, shall be
furnished with the same by the school committee, at the
expense of said town or city.

Section 4. Section twenty-eight of chapter thirty-
eight of the General Statutes, chapter one hundred and
twenty-six of the acts of eighteen hundred and sixty-

1876.— Chapters 48, 49, 50. 43

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

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

Approved March 14, 1876.
An Act to change the name of the shelburne falls five Chap. 48.

CENTS savings BANK.

Be it enacted, &c., as follows :

Section 1. The Shelburne Falls Five Cents Savings Name changed.
Bank shall be called and known as the Shelburne Falls
Savings Bank.

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

Apjjroved March 16, 1876.
An Act to amend chapter one hundred and eighty of the r/;,^^ 49

ACTS OP THE YEAR EIGHTEEN HUNDRED AND SEVENTY-FIVE, REL- ^ l'*
ATIVE TO THE SEINING OF FISH IN HUMMOCK POND ON THE
ISLAND OF NANTUCKET.

Beit enacted, &c., as follows:

Section 1. Chapter one hundred and eighty of the Aiewivesand
acts of the year eighteen hundred and seventy-five is ta'kliTwith^
hereby amended, so as to allow the inhabitants of Nan- mockPoM^ki'
tucket to catch fish called ale wives, or herring, with nets Nantucket.
or seines, in the Hummock Pond in said Nantucket, south of
the bridge, from March tenth to May thirty-first of each
year inclusive. All fish caught in seines or nets, except-
ing alewives or herring, shall be immediately put back into
said Hummock Pond. Any person violating the pro-
visions of this act shall, on conviction, pay a fine accord-
ing to section two of said chapter.

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

Approved March 16, 1876.
An Act concerning the obstructions to the passage of fish rij^fjrf. r.c\

IN the tributaries of the CONNECTICUT AND MERRIMACK ^'''^V' '^^'
RIVERS.

Be it enacted, &c.,asfollotvs:

Section 1. The provisions of chapter two hundred obstructions to
and thirty-eight of the acts of the vear eighteen hundred Fif tributaries of
and sixty-six, and of chapter four hundred and twenty-two Mer?i?^ack
of the acts of the year eighteen hundred and sixty-nine, "^^^^•
are hereby extended and shall apply to the tributaries of

U 1876.— Chapters 51, 52.

the Connecticut and Merrimack rivers within this Com-
monwealth.

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

Approved March 16, 1876.

Ohap. 51. An Act to relieve the county of franklin frosi the main-
tenance OF A BRIDGE NEAR THE MOUTH OF MILLER'S RIVER.

Be it enacted, &c., as follows :
kepuni^i!!i1rby Section 1. The towns of Montague, Erving and
^n^afdNortii. Northiicld shall jointly maintain and keep in repair the
field. bridge with its abutments, near the mouth of Miller's

River, in the following proportions, viz. : — one-half shall
be maintained by the town of Montague, the other half,
equally by the towns of Northfield and Erving ; and they
shall be jointly liable, in said proportion, for all penalties
and damages for neglect in keeping the same safe and con-
venient for public travel.
Towns to receive SECTION 2. The commissioucrs of the county of Frank-
dcfiiars fron? Hu shall pay to tlic towus of Montaguc, Erving and North-
county treasury, g^j^^ f^^^ ^^^ trcasury of Said county, the sum of eight

hundred dollars, to be divided between the towns afore-
said, in the same proportions as mentioned in section one
of this act.

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

Approved March 16, 1876.

Cliajp. 52. An Act relating to the employmknt of children, and regula-
tions RESPECTING THEM.

Be it enacted, &c., as follows :
Child under Section 1. No child uudcr the aare of ten years shall be

ten years not to i i • /• i^ • *i • i .•!

be employed in employed HI auy manutacturing, mechanical or mercantile

ete.""e8Ubii8h-'' establishment in this Commonwealth, and any parent or

ments. guardian who permits such employment, shall for such

offence forfeit a sum of not less than twenty nor more

than fifty dollars, for the use of the public schools of the

city or town.

Child under SECTION 2. No child uudcr the age of fourteen years

'noTtrbe^sTem- shall bc SO cmploycd, unless during the year next preced-

auwid1nK"8dwoi i'lg such employment he has attended some public or

during thrpre- P^vatc day school, under teachers approved by the school

viousyear. ^ Committee of the place where such school is kept, at least

twenty weeks, which time may be divided into two terms,

each of ten consecutive weeks, so far as the arrangements

of school terms will allow ; uor shall such employment

1876.— Chapter 53. 45

continue, unless such child shall attend school as herein
provided, in each and every year; and no child shall be
so employed who does not present a certificate, made by
or under the direction of said school committee, of his
compliance with the requirements of this act : provided. Proviso.
however, that a regular attendance during the continuance
of such employment in any school known as a half-time
day school, or an attendance in any pubjic or private day
school, twenty weeks, as above stated, may be accepted
by said school committee as a substitute for the attendance
herein required.

Section 3. Every owner, superintendent or overseer in Penalty on

, 1 T -1 , 1 J 1 1 'i. superintend-

any establishment above named, who employs or permits ents, overseers,

to be employed, any child in violation of the second sec- guardians"*^
tion of this act, and every parent or guardian who per-
mits such employment, shall for such offence forfeit a sum
not less than twenty nor more than fifty dollars for the
use of the public schools of such city or town.

Section 4. The truant ofiicers shall, at least once in Truant officers

11. -I /•, ii 1 1 -ii to visit estab-

every school term, and as otten as the school committee lishmems, and
require, visit the establishments described by this act in onmslc't!'*""'^''
their several cities and towns and inquire into the situa-
tion of the children employed therein, ascertain whether
the provisions of this act are duly observed, and report
all violations to the school committee.

Section 5. All acts and parts of acts inconsistent Repeal.
with the provisions of this act are hereby repealed.

Apjyroved March 16, 1876.

An Act to confirm certain leases and agreements between Q/idj)^ 53.

THE SOMERVILLE HORSE RAILROAD COMPANY, THE MIDDLESEX ^'

RAILROAD COMPANY AND THE UNION RAILWAY COMPANY.

Be it enacted, &c., as follows :

An indenture of two parts made between the Somerville Leases and
Horse Railroad Company and the Middlesex Eailroad gfS^"*^ *'''°-
Company, dated on the first day of December in the year
eighteen hundred and sixty-five, two indentures, each of
two parts, between the Middlesex Railroad Company and
the Union Railway Company, both dated on the first day
of June in the year eighteen hundred and sixty-nine, a
memorandum of agreement between the Somerville Horse
Railroad Company, the Union Railway Company, and the
Middlesex Railroad Campany, dated on the tenth day of
April in the year eighteen hundred and seventy-one,
an indenture of two parts between the Somerville Horse

1876.— Chapters 54, 55.

City of Newton
may take lands
in Needham and
convey water
therefrom.

Railroad Company and the Middlesex Railroad Company,
dated on the fifth day of January in the year eighteen hun-
dred and seventy-six, and an indenture of two parts made
between the Middlesex Railroad Company and the Union
Railway Company, dated the first day of February in the
year eighteen hundred and seventy-six, are hereby ratified,
confirmed, and declared valid. All acts and proceedings
heretofore done under and in accordance with said indent-
ures, are hereby declared valid and legal.

Approved March 22, 1876.

OJiap. 54, An Act in addition to "an act to supply the town of new-
ton WITH water."
Be it e7iaded, &c., asfolloius :

Section 1. For the purposes stated in chapter three
hundred and forty-four of the acts of the year eighteen hun-
dred and seventy-two, and subject to the provisions of
said act, the city of Newton is hereby authorized to take
and hold, by purchase or otherwise, any lands within the
town of Needhara, not more than one thousand yards dis-
tant from Charles River, and lying between Kenrick's
Bridge, so called, and the new bridge near Newton Upper
Falls, and to convey water from the same to and into said
city.

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

Approved March 22, 1876.

Ohap, 55. An Act concerning the REiiuiLoiNO in part of the newbury-

PORT AND SALISBURY BRIDGE.

Be it enacted, &c., as follows:

Section 1. The county commissioners of the county
of Essex may allow from the treasury of said county, to
the city of Newburyport and to the town of Salisbury
respectively, such a sum of money as they may think just
and equitable, to indemnify them in part for the expense
of rebuilding such portion of the Newburyport Bridge over
the Merrimack River as has been rebuilt by reason of
damages occasioned by the freshet in the winter of the
year eighteen hundred and seventy-five : provided, that
the sum so allowed to said city and town shall not exceed
one-third of the amount which they have expended for the
object aforesaid.

Section 2. The said commissioners, if need be, are
hereby authorized to borrow money for the purpose of
making said repairs.

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

Approved March 22, 1876.

Newburyport
and Salisbury
may be indem-
nified in part for
rebuilding
bridge over Mer-
rimack River.

Proviso.

Commissioners
may borrow
money.

1876.— Chapters 56, 57, 58. 47

An Act to extend the charter of the mercantile wharf Qhap. 56.

CORPORATION IN THE CITY OF BOSTON.

Be it enacted, &c,, as follows:

The Mercantile Wharf Corporation in the city of Boston charter extend.

1 Ti I 1 . IT J. /^j_ ii -A" ed without limi-

shall be and remain a body corporate alter the expiration tation of time.

of its present charter, as fully as if no limitation in regard

to time were contained therein, and shall continue to have

the powers and privileges, and to be subject to the duties,

liabilities and restrictions set forth in its charter and in all

laws which now are or hereafter may be in force relating

to such corporations. Approved March 22, 1876.

An Act to change the name of the east Randolph cemetery njiax) 57

CORPORATION. ^

Be it enacted, &c., as follotvs :

Section 1. The name of the corporation heretofore Name changed
known as the East Randolph Cemetery, is hereby changed unk)n c^^m^
to that of the Holbrook Union Cemetery. ^tery.

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

Approved March 22, 1876.

An Act to incorporate the glades association. Chap. 58.

Be it enacted, &c., as follows :

Section 1. John C. Sharp, Leverett Saltonstall and corporators.
Frederic L. Ames, their associates and successors, are
made a corporation for the term of twenty years from the
date of the passage of this act, by the name of the Glades Name and pur-
Association, Avith all the powers and privileges and sub- ^°**^"
ject to all the duties, liabilities and restrictions set forth in
general laws which now are or may hereafter be in force
relative to such corporations, and with power to purchase
and hold in fee simple all or any part of the lands, with
the buildings thereon, at the Great Glades, so called, in
the town of Scituate, which are now owned by the three
first named persons or by any or either of them, not
exceeding ninety acres in all.

Section 2. The said corporation shall have power to May sen prop-
sell, lease, mortgage or otherwise dispose of its corporate iTng.'ifouses'!'iay'
property or any part thereof, and to improve the same, to out streets, etc.
erect dwelling-houses and out-buildings thereon, to layout
streets and passage-ways through the same and otherwise
use said property as natural persons may do.

1876.— Chapters 59, 60, 61.

Tohoidnoothcr Section 3. The saicl corporation shall have no power

lands tlian those , iii iiii i

mentioned. to piirchase or holcl any other lauds than those above men-
tioned.

Capital stock. SECTION 4. The Capital stock of said corporation shall
not exceed one hundred thousaud dollars.

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

Approved March 22, 1876.

Chap. 59. An Act fixing the kate of interest on unpaid taxes of cor-
porations.

Be it enacted, &c., as follows :

The rate of interest which corporations shall pay upon
taxes collected under the provisions of section fourteen of
chapter two hundred and eighty-three of the acts of the
year eighteen hundred and sixty-five, shall be twelve per
centum per annum until the same are paid.

Approved March 22, 1876.

Corporations to
pay twelve per
cent, interest
upon taxes col-
lected under
1805, 2S3, § 14.

Chajp.

(50. An Act relating to appeals and removals in proceedings

BEFORE police, MUNICIPAL AND DISTRICT COURTS.-

Be it ejiacted, &c., as follows:

Section 1. The provisions of the first and second sec-
tions of chapter two hundred and seventeen of the acts of
the year eighteen hundred and sixty-two shall apply to all
appeals and removals to the superior court in any civil
action or proceeding before any police, municipal or dis-
trict court.

Section 2. The justice of any police, municipal or
wiVeli there'is no disti'ict court whicli has no clerk, shall perform all the
Murt." ** duties required of clerks by the provisions of law referred
to in the first section of this act.

Appeals, etc., to
superior court
to be governed
by 186-2, 217,
§§ 1, 2.

Justice to per.
form duties

Approved Mqrch 22, 1876.

Chap. 61.

Cell to be used
for solitary im-
prisonment to
be ventilated
andfurnislied
wltli suitable
bedding, etc.

An Act relating to solitary imprisonment.

Be it enacted, &c., as follows:

Section 1. It shall be the duty of the officers hav-
ing custody and charge of prisoners in the several pris-
ons, jails, workhouses and houses of correction in this
Commonwealth, to provide that every cell therein which
may be used as a place for solitary imprisonment shall be
properly ventilated, and furnished with a form of boards
not less than six and one-half feet in length and not less
than eighteen inches in widtli, raised at least four inches
from the lloor, and provided with a sufficient amount of

1876.— Chapter 62. 49

bedding to protect the inmate from any imuecessary injury
to health.

Section 2. It shall be the further duty of said officers Records to be

... iipi 1 kept, of punish-

at each of said institutions, to keep a book tor the record mwns bvsoii-
of punishments by solitary imprisonment and to record mcut?°"
therein each such punishment as follows ; Name and num-
ber, or other sufficient designation of the person punished ;
the day and hour when put in " solitary " ; the day and
hour when released ; the offence ; and such remarks as
may be necessary to complete the record.

Section 3. It shall be the duty of the prison com- Prison eommis.

• • , • 1 i.1 ii • • i? i.1 • i. sioners to ex-

missioners to examine whether the provisions of this act amine whether
are complied with in the several jails, workhouses and compuea with.
houses of correction of the Commonwealth.

Section 4. Chapter one hundred and forty-three of Repeal of is-s,
the acts of the year eighteen hundred and seventy-three, is
hereby repealed.

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

Approved March 22, 1876.
An Act to authorize the commissioners on inland fisheries Chap. 62.

TO occupy GREAT PONDS FOR THE CULTIVATION AND DISTRIBU-
TION OF USEFUL FISHES.

Be it enacted, &c., as follows :

Section 1. The commissioners on inland fisheries, as Commissioners

I . . , . J 1 • T J niiiy control

such commissioners, are hereby authorized to occupy, great ponds,
manage and control any great ponds within the limits of ^s'on' of u'sefur*''
the Commonwealth, not exceeding six in number, and not ^*'^''*-
then subject to lease from them, for the purpose of culti-
vating useful fishes and of distributing the same within the
Commonwealth, subject to the restrictions and limitations
contained in chapter three hundred and eighty-four of the
acts of the year eighteen hundred and sixty-nine as to leased
ponds.

Section 2. Whenever said commissioners shall deter- To post and file

. T • 1 1 Ai 1 11 notices before

mine so to occupy and improve any such pond, they shall occupyingand
post a notice of such purpose in some public place in the town ""proving pond.
or towns in which said pond is located, and shall file a like
notice in the office of the town clerk of said town or towns,
and in the office of the secretary of state ; and the affidavit
of any officer qualitied to serve civil process that said no-
tice has been posted shall be deemed full proof of the same.

Section 3. From and after the time when said notice To have
shall have been filed and posted as above, said coinmis- pondafarl''^
sioners shall have all the rights in respect to said pond as lessee'sVfVnds.
7

50 1876.— Chapters 63, 64, 65.

are secured to lessees of ponds from said commissioners ;
Penalties. and any violation of any of said rights shall be subject to

the penalties imposed by section nineteen of said chapter.
Section 4. This act shall take effect upon its passage.

Approved March 22, 1876.

Chap. 63. An Act for the protection of electric signals on railroads.

Be it enacted, &c., as follows :
furlngliecMa Whocvcr uulawfully and intentionally injures, molests
signals on rail- or dcstroys any of the electric siornals of a railroad corpo-
ration or any of the lines, wires, posts or any other struct-
ure or mechanism used in connection with such signals on
any railroad, or destroys, or in any way interferes with, the
proper working of such signals, shall be punished by a
fine not exceeding five hundred dollars, or by imprison-
ment not exceeding two years, or both.

Approved March 22, 1876.

Chan. 64. An Act to extend the time authorizing the city of Worces-
ter TO LAY OUT A PUBLIC PARK, AND TO ESTABUSH AND MAIN-
TAIN A RESERVOIR.

Be it enacted, &c., as follows :
Time extended SECTION 1. The time for taking and holdins: land in

for laying out • i i • • n ^ i i t

park and tstab." accordance with the provisions of chapter one hundred
in Worcester." aucl iiiuety-six of the acts of the year eighteen hundred
and seventy-three, is extended to the fifteenth day of April
in the year eighteen hundred and seventy-seven.

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

Ap)proved March 22, 1876.

Chap. 65. An Act relating to public urinals in the city of boston.

Be it enacted, &c., as follows :
Public urinals SECTION 1. The city of Bostou, by vote of its city

may be mam- -i i ii i i • • • i /•

tained in Boston council, shall liavc powcr to erect and maintain urinals for

by vote of city ... . it i. i i •

council. public use in any street, way, court, public square, com-

mon, or common lands in said city, and likewise in the
^ public garden, so called, lying to the eastward of Arling-

ton Street therein. And any owner of land who sufiers
any injury in his property by reason of the construction of
any urinal as aforesaid, may, at any time within one year
after the construction is commenced, apply to the superior
court for Suffolk County for assessment of his damages by
a jury, and have his damages ascertained in the manner
provided where land is taken in laying out highways.
Section 2. This act shall take effect upon its passage.

Approved March 22, 1876.

1876.— Chapter 66. 51

An Act for. procuring an additional supply of pure water q/iq^j)^ qq^
for the use of the city of worcester. .f' '

Be it enacted, &c,, as follows :

Section 1. The city of Worcester is hereby authorized cityofWorces-
to acquire and hold by purchase, or to take and hold and water Wm Par-
convey into the Hunt reservoir, for the use of the city, the **^"^
waters of Parson's Brook, so called, in said city, and any
waters that may flow into the same, and to acquire and
hold by purchase, or take and hold any lands or estates
necessary for the laying out and maintaining an aqueduct May take land
or conduit, for conducting said waters to said reservoir, or Iqufductret"?^
for forming and maintaining reservoirs, and may take and
hold land not exceeding five rods in width around the
margin of any water-courses or reservoirs they may possess
or create in the valley of said brook, for the purpose of
supplying said city with pure water.

Section 2. The said city shall, within sixty days from to aie in regis-
the time its city council shall vote to take any lands, ponds d?Bc%)t1on*of
or waters by authority of this act, file in the ofiice of the i^nd, etc., taken.
registry of deeds for the county of Worcester, a description
of the lands, ponds or waters so taken, as certain as is
required in a common conveyance of lands, and a state-
ment of the purpose for which the same are taken, which
description and statement shall be signed by the mayor of
said city, and the property so taken shall vest in said city
from the time of the filing of said description and state-
ment.

Section 3. The city of Worcester shall be liable to Liawntyfor
pay all damages that shall be sustained by any persons in '*"'"^®*'
their property, by the taking of any land, water or water-
rights as aforesaid, or by the constructing of any aqueducts,
reservoirs or other works by authority of this act. Said
damages may be recovered and paid in the manner pro-
vided in chapter three hundred and sixty-one of the acts of
the year eighteen hundred and seventy-one.

Section 4. The provisions of section six of said chap- Provisions of
ter shall apply to all land, water and water-rights pur- appi'y!^ '^
chased or taken, and to all works constructed under this
act.

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

Approved March 22, 1876.

1876.— Chapters 67, 68, 69.

Chap

$10,000 addi-
tional real es-
tate.

Corporators.

Name and pur-
pose.

Q'j An Act to authorize the pilgrim evangelical society in

SOUTHBOROUGH TO HOLD REAL ESTATE FOR PARSONAGE PUR-
POSES.

Be it enacted, &c., as follows :

Section 1. The Pilgrim Evangelical Society in South-
borough is hereby authorized to hold real estate for par-
sonage purposes, to an amount not exceeding ten thousand
dollars.

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

Approved March 22, 1876.

Chap. 68. An Act to mcoRPORATE the boston sugar avarehouslng com-
pany.

Be it enacted, &c., as folloivs :

Section 1. Andrew S. Tozier, Benjamin F. Burgess
and Elisha Atkins, their associates and successors, are
hereby made a corporation by the name of the Boston
Sugar Warehousing Company, for the purpose of receiv-
ing and storing in bond, or otherwise, sugar, molasses and
other bulky articles of merchandise coming to the port of
Boston for sale or manufacture ; and the said corporation
is hereby authorized to purchase and hold in fee simple, or
to lease personal and real estate sufficient for these pur-
poses in that part of Boston known as South Boston.

Section 2. The capital stock of the said corporation shall
not exceed three million dollars, and shall be divided into
shares of the par value of one hundred dollars each : pro-
vided, that the said corporation shall not commence busi-
ness until one million two hundred thousand dollars of the
capital stock shall have been paid in.

Section 3. The said corporation shall have all the
powers and privileges, and shall be subject to all the
duties, restrictions and liabilities set forth in all the gen-
eral laws which are now or hereafter may be in force
relating to all corporations organized under general laws.

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

Approved March 28, 187(>.

Chap. 69. -^ Act for the better protection of life in buildings occu-
pied FOR public purposes IN THE CITY OF BOSTON.

Be it enacted, tfcc, as follows :

ciiurches, SECTION 1. Whenever it shall be reported to the

etc., reported 'to inspector of bulldiiigs of the city of Boston, that any
inodes of egress church, theatre, hall or other building or structure, used or

Capital stock
and shares.

Powers and
duties.

1876.— Chapter 69. 53

intended to be used temporarily or permanently for any l"*;\!®°?^^fv*°

public purpose, or any school-house or school-room public inspector of

or private, within the city of Boston, is deficient in proper "* '"^*'

facilities of egress in case of lire or accident, either in

the number, width, construction or arrangement of the

entrances, aisles, passageways or stairways, or by reason

of inner doors opening inward, or from any other cause

whatever, arising from the manner of construction or

repair of the premises, it shall be the duty of the said

inspector of buildings to inspect the same, and if, in his Owner or occu-

judgment, they are so deficient, he shall notify the owner aueratlo'nswhen

or owners, occupant, lessee or other person having charge speaor/^^'""

thereof, and require of him or them such increased facilities

of egress, as in the judgment of the inspector, the security

of the public in life and limb, in case of fire or accident

may require. The person or persons so notified shall be

allowed forty-eight hours from the time of the service of

the notice to begin the alterations required by the notice ;

and he or they shall employ sufiicient labor to accomplish

the same as expeditiously as may be. If he or they shall

refuse or neglect to comply with the requirements of said

notice as aforesaid, then a survey of the premises shall be

made in the manner set forth in the thirteenth section of

chapter two hundred and ninety-eight of the acts of the

year eighteen hundred and seventy-three. Upon the supreme judi-

report of the board of survey, if the same shall declare en^oh? owmk,

that said premises are deficient in proper facilities of egress pr^emtse™ upo"n

in case of fire or accident, and upon the continued neglect toard'^o'f survey

or refusal of the owner or owners, occupant, lessee or

other person having charge thereof, to provide the requisite

increased facilities of egress, then it shall be lawful for the

supreme judicial court to issue an injunction forbidding or

limiting the use of the premises in such manner as the

safety of the public or of persons using the same may

require. Such owner or owners, occupant, lessee or other Penalty for neg-

person having charge of the premises, shall likewise be nt^cesfary^fe^ra-

liable to a penalty of not less than ten dollars nor more *'°"*'

than fifty dollars, for every day's continuance of neglect or

refusal to comply with the original notice of the inspector

of buildings, to be recovered by the city of Boston in an

action of tort.

Section 2. Whenever it shall appear to the inspector combustible
of buildings of the city of Boston that in any of the build- "fikii'iTgs.'and
iugs or structures, or portions thereof, mentioned in the pafsagewTyVu)

54 1876.— Chapter 70.

te made safe, foi'Ggoing section, the security of the public is either tem-
the inspector, porarlly or permanently endangered by the use of combus-
til)le stuff or materials, or that benches, chairs, stools or
other obstructions, are either temporarily or permanently
placed in the aisles or passageways thereof, in such a man-
ner as to prevent free egress in case of fire or accident,
during the time when the same may be opened to the pub-
lic, or that benches, chairs or settees are either tempo-
rarily or permanently so arranged as not to afford proper
passage between them and sufficient egress in case of tire
or accident, or that outer doors opening inward are not
kept open when such buildings or structures are used by
the public, the said inspector shall notify the owner or
owners, lessee, occupant or other person having charge of
the premises, and require him or them to make the prem-
Penaity for neg. iscs safc, and if he or they shall refuse or neglect to do so,
^^'^^' he or they shall be liable to a penalty of not less than fifty

dollars nor more than five hundred dollars, for each offence,
to be recovered by the city of Boston in an action of
tort.
Outer doors SECTION 3. All outcr doors of buildings and structures

tobe'kept open' mentioned in section one of this act, shall be kept open
Tre'usedby the whcu such buildiugs or structures are used by the public,
public. unless such doors open outwards and except that fly-doors

opening both ways, may be kept closed. All inner doors
of such buildings and structures shall be made so as to
open outwards.
Repeal of 1871, Section 4. Scctiou sixtv of chapter two hundred and
* eighty of the acts of the year eighteen hundred and

seventy-one is hereby repealed.

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

Apiiroved March 28, 1876.

ChctV 70. ^^ ^^"^ ^^ ADDITION TO AN ACT TO SUl'l'LV TUE CITY OF LAAV-
■^' ' liENCE WITH WATEK.

Be it enacted, t&c, as follows :

City of Law- Section 1. Thc city of Lawrence is authorized to

Loan, $100,000 Issuc froui time to time notes, scrip, bonds or certificates
of debt, to be denominated on the face thereof " City of
Lawrence Water Loan," to an amount not exceeding one
hundred thousnnd dollars, in addition to the amount
authorized by chapter seventy-nine of the acts of the year
eighteen hundred and seventy-two and chapter sixty-seven
of the acts of the year eighteen hundred and seventy-five ;
and the provisions of section nine of said chapter seventy-

additional.

1876.— Chapters 71, 72, 73. 55

nine, shall be applicable to the issue provided by this
act.

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

Approved March 28, 1876.

An Act in relation to perpetuating evidence op notices of Qkap. 71.

APPOINTMENT AND SALE OF REAL ESTATE BY EXECUTORS AND
ADMINISTRATORS,

Be it enacted, &c., as follows:

Section 1. When it appears that either of the affidavits Affidavits not

• -, -t t> 1 .. 7 f -x A -J made under

provided for by section two oi chapter ninety-seven or oen. stats. 97,
section sixteen of chapter one hundred and two of the Laybeeiibsl^^'
General Statutes has not been made, any person who J^1tt"ed^to be
shall, upon petition to the probate court, furnish satisfac- ^^'^e.
tory evidence that the notice was given as ordered, may
be permitted to make such affidavit, and the same, when
filed and recorded, with a copy of the notice, in the pro-
bate office, shall be admitted as evidence of the time, place
and manner in which the notice was given.

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

Apjyroved March 28, 1876.

An Act in relation to the expenditures of the agent for njinvy 70

DISCHARGED CONVICTS. ^'

Be it enacted, &c., as follows :

Section 1. Section one of chapter three hundred and compensation
two of the acts of eighteen hundred and seventy-one, turesofagent
entitled " An Act to increase the expenditures and com- convicts.ln?*^
pensatiou of the agent for discharged convicts," is hereby '^'^^^^''^•
amended so that the amount authorized to be expended
shall be three thousand dollars annually.

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

Approved March 28, 1876.

An Act in relation to the crossing of railroads by high- rjhn^ no

WAYS AT GRADE. ■^'

Be it enacted, &c., as folleivs :

Section 1. No highway or town-way shall hereafter be Railroads and
laid out across a railroad at a level therewith, nor shall any cro8s"eYch°o'thl?
railroad be laid out and constructed across a highway or at grade, without

O ^ J ^ consent or rail-

town-way at a level therewith without the consent in writ- r?ad commis-
ing of the board of railroad commissioners in addition to
the authority of the county commissioners as now re-
quired.

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

Approved March 28, 1876.

1876.— Chapters 74, 75.

Chap. 74.

Taxation of
costs in motion
for a new trial.

Chap. 75.

Corporators.

An Act to regulate costs upon motions for neav trial.
Be it enacted, &c., asfollotos:

In all cases in which a motion for a new trial shall be
hereafter made, the court may in its discretion impose
upon the moving party whose motion is not sustained,
such sum to be taxed in the costs of the suit as it shall
deem proper. Apjjroved March 28, 1876.

An Act to incorporate the owners of meadow lands lying
on neponset river.

Be it enacted, &c., as follows:

Section 1. The owners of the meadow lands lying
on each side of Neponset River, in the towns of Sharon,
Canton, Milton, Norwood, Dedham and Hyde Park, in
the county of Norfolk, included between two parallel lines,
the lower and north-easterly line crossing said river at
Paul's Bridge, so called, at right angles with said river at
said point, and the upper and south-westerly line crossing
Tadpole Brook, so called, a tributary of said river, at
the point where said brook meets the north-easterly divid-
ing; line between said towns of Norwood and Sharon, ex-
cepting that part of said lands known as the Common Field,
in Purgatoiy Meadow, are hereby made a corporation by
the name of The Neponset Meadow Company, with power
to drain and improve said meadows from time to time for
the purpose of saving the grass growing thereon, and im-
proving the quality thereof, 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. Said corpora-
tion may sue and be sued by its corporate name, and shall
have power to prosecute and maintain complaints under
chapter one hundred and forty-nine of the General Statutes.
First meeting of SECTION 2. Auy justlcc of the pcacc, upou appHcatiou
^adoVfands. J" Writing from ten or more of said owners, shall issue his
warrant to one of the owners aforesaid, requiring him to
notify and warn a meeting of said owners, for the purposes
to be expressed in said warrant, by posting copies of said
warrant in at least two public places in each of said towns,
and b}' publishing the same once each week, for three
successive weeks, in some newspaper published in one of
said towns, said posting and said publication to be at least
fourteen days before said meeting ; and said owners, when

Name and pur-
pose.

Powers and
duties.

1876.— Chapter 75. 57

legally assembled as aforesaid, may adopt by-laws for the
government of said corporation, and may also choose a
clerk, treasurer, assessors and collector, who shall be sworn
to the foithfiil discharge of their duties, and shall continue
in office until others are chosen and sworn in their stead,
which said officers may exercise the same power and
authority in performing the duties of their appointment,
as town officers of the like description.

Section 3. In addition to the powers already granted, ^^y^tToZfrom'
said corporation shall have power to remove grass, weeds Neponset RWer.
and other natural obstructions, and all illegal obstructions
in said Neponset Eiver and its tributaries, whereby the
drainage of their said meadow lands is obstructed or pre-
vented, and to vote and raise moneys for said purposes,
and for all other necessary expenses of said corporation ;
and all moneys which may be voted to be raised as afore- Money to be
said, shall be assessed upon each proprietor in said Msetsedupon
meadows, according to the number of acres owned by him, proprietors.
and the benefits likely to be received ; and any owner who
is aggrieved by the amount of the tax levied on his land,
may at any time within thirty days after said assessment,
appeal to the county commissioners for said county of
Norfolk, who shall have power to reduce or increase the
amount of said tax, and to make the same as said corpora-
tion should have made it, under the provisions of this bill ;
and if any owner shall refuse or neglect to pay the sum or penalty for neg.
sums assessed upon him as aforesaid for sixty days after i^ssessment.
demand thereof, so much of his said land may be sold as
will be sufficient to pay the same, together with costs, in
the same way and manner as non-resident owners' lands
in this Commonwealth are sold to pay town taxes ; but
nothing herein contained shall authorize arrest of the per-
son, nor the sale of any property except said meadow
lands : provided, that this act shall not take effect until Proviso.
the owners of three-quarters of all of the meadow lands
included herein shall have expressed in writing their
acceptance of this act, which acceptance, together with the
oath of at least three of said owners, that, in their belief,
the owners of three-quarters of all of said meadow lands
have signed said acceptance, shall be filed in the office of
the secretary of state, and the certificate of said secretary,
that such alleged acceptance has been so filed, shall be
prima facie evidence of such acceptance.

Approved March 28, 1876.

58 1876.— Chapters 76, 77, 78.

Chajp. 76. An Act to amend section two of chapter ninety-seven, and

SECTION sixteen OF CHAPTER ONE HUNDRED AND TAVO OF THE
general statutes RELATING TO THE FILING OF AFFIDAVITS OF
EXECUTORS AND ADMINISTRATORS.

Be it enacted, &c., as follows:

GTotlt*'' Section 1. Section two of chapter ninety-seven and
G. 8. 102, §16. section sixteen of chapter one hundred and two of the
General Statutes, are hereby amended by striking out from
said sections the words " petition of the executor or
administrator and," and by inserting in said sections the
word "being" between the words "evidence" and "fur-
nished."

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

Apjjroved March 28, 1876.

Chap. 77. An Act to authorize the town of Arlington to issue addi-
tional WATER SCRIP, AND TO LIMIT THE AMOUNT THEREOF.

Be it cjiacted, &c., as follows :

&iTa°t(fr'^'^'' Section 1. The town of Arlington, for the purposes
scrip; whole mentioned in the eighth section of chapter two hundred and
exceed $300,000. forty-two of the acts of the year eighteen hundred and
seventy-three, may issue notes, scrip or certificates of
debt, to be denominated on the face thereof "Arlington
Water Scrip," to an amount not exceeding one hundred
thousand dollars, in addition to the amount authorized b}^
the first section of chapter one hundred and ninety-two of
the acts of the year eighteen hundred and seventy-four, to
be issued upon like terms and conditions and with like
powers in all respects as are provided in said acts for the
issue of " Arlington Water Scrip," by said town : provided,
that the whole amount of such water scrip, bonds, notes
or certificates issued by said town under the authority
given by this act and by all other acts, shall not in any
event exceed the amount of three hundred thousand dollars.
Section 2. This act shall take etiect upon its passage.

Approved March 30, 1876.

Chaj). 78. ^^ ^^'^ '^^ AUTHORIZE THE APPOINTMENT AND TO DEFINE THE
^' ' DUTIES OF A HARHOR-MASTER FOR THE PORT OF SALEM.

Be it enacted, &c., as follows :
Harbor-master Section 1. Thc boai'd of Hiayor and aldermen of the

may be up- • /• o i • i i • i

pointed. city of Salem may appoint a harbor-master tor the port ot

Salem, who shall continue in office until a successor is
qualified, and who, before entering upon the duties of his

1876.— Chapter 78. . 59

office, shall give to the treasurer of said city a bond, which to give bonds.
shall be satisfactory to the board of mayor and aldermen,
in the sum of two thousand dollars, conditioned upon the
faithful perfm-raance of his duties ; and said harbor-master
shall have the power to appoint a deputy when, in the May appoint a
opinion of the board of mayor and aldermen, it is neces- ^^^^'
sary ; and such appointment shall be subject to their
approval, and said board shall fix the salaries of both of
said officers. Said harbor-master shall enforce the provi-
sions of this act.

Section 2. All vessels entering the said harbor shall ^T'^^^^^^der
be anchored according to the direction of said harbor- direction of bar-

, bor-master.

master.

Section 3. Every vessel, before unloading lumber in to get a permit
the stream, shall get a permit from said harbor-master, ma^er'befor'e
designating where such lumber may be rafted to avoid unloading.
obstructinor the channel or hinderinor the movements of
other vessels.

Section 4. Every vessel lying in the harbor, or at any to brace yards,
wharf or pier, in said port, shall, when directed by said ^rectld!°
harbor-master, cockbill the lower yards, brace the topsail
yards, fore and aft, and rig in the jib-boom.

Section 5. Said harbor-master may cause to be moved, to be moved in
any vessel lying in the harbor and not anchored according iifgtC'direct'ions
to his directions, and not moving when directed by him so of^^arbor-mas-
to do, and the expense thereof shall be paid by the master
or owners of such vessel ; and in case of neglect or refusal
to pay after the same shall have been demanded, said ex-
pense may be recovered of said master or owners by said
harbor-master to the use of the said city, in an action of
contract.

Section 6. No person shall throw or deposit in said Gravel, etc, not
harbor, or any part thereof, any stones, gravel, ballast, inharbo^?"^
cinders, ashes, dirt, mud or other substance which may in
any way tend to injure the navigation thereof.

Section 7. No warp or line shall be passed across the channel not to
channel or any dock, so as to obstruct vessels passing warpf^unesy
along the same.

Section 8. If any vessel occupying a berth at any of ^^Tlf berths
the wharves or piers of said city, either with or without the when directed.
consent of the wharfinger thereof, shall fail to vacate such
berth upon notice from the wharfinger or his agent to the
master, or those having such vessel in charge for the time
being, in a reasonable time, to be adjudged by said harbor-

1876.— Chapter 79.

To be stationed
in stream as
harbor-master
may order.

master, said harbor-master shall theai cause such vessel to
be moved to some other berth or anchored in the stream,
and the expense thereof maj^ be collected of the master or
owners thereof, by said harbor-master, to the use of said
city, in an action of contract.

Section 9. Said harbor-master shall have authority to
regulate and station all vessels in the stream of said harbor,
and to remove such as are not employed in receiving or
discharsrinof their cargoes, to make room for such others as
require to be more immediately accommodated for the pur-
pose of receiving or discharging their cargoes, and as to
the fact of their being fairly and actually employed in re-
ceiving or discharging their cargoes, the said harbor-mas-
ter is hereby constituted the sole judge.

Section 10. Whoever shall refuse or neglect to obey
the instructions of said harbor-master, or shall resist him
in the execution of his duties, shall forfeit and pay a fine
not exceeding fifty dollars.

Section 11. Any person violating the provisions of
this act, in addition to any fines imposed in accordance
herewith, shall be liable in an action of tort to any person
suffering damage by such violation.

Section 12. It shall be the duty of said harbor-master
to place in the hands of the master of every vessel arriving
at the port of Salem, a copy of this act.

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

Approved March 30, 1876.

Chap. 79. An Act to authorize, in certain cases, the mortgage of

REAL estate HELD BY EXECUTORS AND OTHERS.

Be it enacted, &c., as folloivs :

Section 1. The court having jurisdiction of the estate
of any deceased person, Avhen it shall appear to the court
to be for the interest of the estate, may on petition, notice
(unless dispensed with by law) and hearing, authorize the
executors and administrators with the will annexed to
mortgage the real estate of the testator, or any part
♦ thereof, for the purpose of paying debts, legacies and
charges of administration, or of paying any lien or mort-
gage on such estate, or any part thereof, or to make au
agreement for the extension or renewal of any mortgage
already subsisting thereon.
Court to pre- Section 2. lu such casc the court shall prescribe the

scribe maximum . i/'-^ i i ii.i ii

rateofintorcHt, maxmiuui rate ot interest, and may order tlie whole or any
pri'!»dpaito''be part of thc principal of the mortgage to be paid, from time

Penalty for dis-
obeying instruc-
tions.

Liability for
damages.

Masters of ves-
sels to be fur-
nished with
copy of this act.

Executors, etc.,
may be author-
iz.cd to mortgage
real estate for
payment of
debts, etc.

1876.— Chapters 80, 81, 82. 61

to time, out of the income of the estate mort^aojed, and paid from in-
may further order the executor or administrator with the
will annexed to give bonds, unless exempted therefrom by
the laws relating to the giving of bonds in like cases.

Section 3. A mortgage so made may contain a power power of sale.
of sale.

Section 4. A mortgage made under license of court by Mortgage to set
an executor or administrator with the will annexed, shall macieuAder
set forth that it is so made, and the date of the license. I'ceuse.

Section 5. Chapter one hundred and fifty-one of the Repeal of ists,
acts of the . year eighteen himdred and seventy-five is
hereby repealed.

Section 6. This act shall take efi*ect upon its passage.

Approved March 30, 1876.
An Act concerning appointments by the mayor and alder- Q/k^^) 80

MEN in cities. -^'

Be it enacted, &c., as follows:

In all cases in which appointments are directed to be Mayor to have
made by the mayor and aldermen in any city of the Com- ination, subject
monwealth, the mayor shall have the exclusive power of etc!°by™ard°of
nomination, being subject however, to confirmation or aldermen.
rejection by the board of aldermen ; but if a person so
nominated shall be rejected it shall be the duty of the
mayor to make another nomination within a month from
the time of such rejection. Ajjproved March 30, 1876.

An Act to extend the time for building the squantum free Q/i^ap. 81.

BRIDGE. -^*

Be it e?iacted, &c., as folloivs :

The time fixed in section four of chapter two hundred Time for com-
and sixty-nine of the acts of the year eighteen hundred ™mpiefing, ex.
and seventy-three, for commencing and completing the t*^"'^'*'^-
Squantum Free Bridge, is hereby extended three years.

Ajjproved March 30, 1876.

An Act to incorporate the new Bedford marine insurance Q/iqjj^ g2.

company. -^'

Be it enacted, &c., as follows :

Section 1. Samuel H. Cook, Jireh Swift, Jonathan corporators.
Bourne, junior, their associates and successors, are hereby
made a corporation by the name of the New Bedford Name and pur-
Marine Insurance Company, in the city of New Bedford, ^°^^'
for the purpose of making insurance against maritime

1876.— Chapter 83.

Capital stock
and shares.

duues?*'^'^ losses; with all the powers and privileges, and subject to
all the duties, liabilities and restrictions set forth in all
general hiws which now are or hereafter may be in force
rehxting to such corporations.

Section 2. Said corporation shall have a capital stock
of one hundred thousand dollars, divided into shares of one
hundred dollars each, which said stock may be increased
at any time to two hundred thousand dollars.

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

Approved March 30, 1876.

Chap. 83. An Act relating to receivers of insurance companies.
Be it enacted, <fcc., as follows :

Section 1. All accounts rendered to the supreme ju-
dicial court by receivers of insurance companies, appointed
unders the provisions of chapters fiftj'-eight or sixty-eight
of the General Statutes, shall be referred to the insurance
commissioner, who shall carefully examine the same and
report thereon to the court.

Section 2. The insurance commissioner shall, by him-
self or by his deputy, during the year eighteen hundred
and seventy-six, and at least once in every year thereafter,
and as much oftener as he may deem expedient, examine
the accounts and doings of all receivers mentioned in sec-
tion one of this act, and shall include in his annual report
to the legislature the result of such examinations.

Section 3. For the purposes aforesaid, the commis-
sioner or his deputy shall have free access to the books
and papers relating to the transactions of such receivers in
their offices of receivership, and may examine, under oath,
such receivers relative to such transactions.

Section 4. When, in the opinion of said commissioner,
any such receiver has violated his duty in his office of
receivership, or further proceediugs on the part of the
receivers to collect an assessment will not offer substantial
relief to the creditors, he shall forthwith certify the facts
to the supreme judicial court.

Section 5. Chapter three hundred and eight of the
acts of the year eighteen hundred and sixty-four, is hereby
repealed.

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

Approved March 30, 1876.

Accounts of
receivers to be
referred to in-
surance commis-
eioner.

Result of exam-
inations to be
included in com.
missioner's re-
port.

Commissioner
to have access to
books and pa-
pers.

To certify facts
to supreme judi-
cial court, when
receiver has
violated his
duty.

Repeal of 1864,
308,

1876.— Chaptees 84, 85. 63

An Act concerning religious societies. Chap. 84.

Be it enacted, &c., as follows :

Section 1. Any religious society established under a societies estab-
special act of incorporation, shall have the powers set forth speciaUctB.'^may
in section thirty of chapter thirty of the General Statutes, rebuiiThJifse"
anything contained in the act of incorporation, or any act ^'°'
in amendment thereof, or in section one of said chapter,
to the contrary notwithstanding.

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

Approved March 30, 1876.
An Act to suppress exhibitions of the fighting of birds, QJiav. 85.

DOGS AND OTHER ANIMALS. l"' '

Be it enacted, &c., as follows :

Section 1. When complaint is made on oath or affirm- search-warrant
ation to any magistrate authorized to issue warrants in ^arciTpremfses
criminal cases, that the complainant believes and has rea- are^keptXr^^*'''
sonable cause to believe that preparations are being made fighting.
for an exhibition of the fighting of birds, dogs or other
animals, or that an exhibition of the fighting of birds, dogs
or other animals is in progress, or that birds, dogs or other
animals are kept or trained for fighting, at any place or in
any building or tenement, such magistrate, if satisfied that
there is reasonable cause for such belief, shall issue a
search-warrant authorizing any sheriff, deputy-sheriff, state
detective, constable or police officer to search such place,
building or tenement, at any hour of the day or night, and
take possession of the birds, dogs or other animals engaged
in fighting, and of all birds, dogs or other animals there
found and kept, trained or intended to be used or engaged
in fighting, and to arrest all persons there present at an
exhibition of the fighting of birds, dogs or other animals,
or where preparations lor such an exhibition are being
made, or where birds, dogs or other animals are kept or
trained for fiojhting.

Section 2. Any officer authorized to serve criminal Building may be

... J . . 1 i.iT entered without

process may, without a warrant, enter any place, building a warrant,
or tenement where there is an exhibition of the fighting of Tn exhibUion*
birds, dogs or other animals, or where preparations are mau^.^^"^^ ''°''
being made for such an exhibition, and arrest all persons
there present and take possession of and remove from the
place of seizure, the birds, dogs or other animals engaged
in fighting, and all birds, dogs or other animals there

64 1876.— Chapter 85.

found and intended to be used or engaged in fighting, or
kept or trained for fighting, and hold the same in custody
subject to the order of court as hereinafter provided.
Persons arrested SECTION 3. All Dcrsous arrcstcd uudcr the provisions

and imprisoned r y r \ t

to be brought of Cither of the two preceding sections, shall be kept in
within twenty, jail or othcr convcnicut place not more than twenty-four
four hours. hours, exclusivc of Suiidays and legal holidays, at or before
the expiration of which time, such persons shall be l)rought
before a justice of the peace, a police, municipal or district
court, and proceeded against according to law.
Decree of for- SECTION 4. After the scizurc and removal of any birds,
entered, if ani- dogs or othcr auimals, as provided in either of the first two
fightin^g. '^ °^ sections of this act, application shall be made to a justice
of the peace, a police, municipal or district court for a de-
cree of forfeiture of the same, and if upon the hearing of
such application, notice thereof having been previously
given as such justice or court shall order, it shall be found
and adjudged that said birds, dogs or other animals, or
any of the same, at the time of such seizure were engaged
in fighting at an exhibition thereof, or were owned, kept,
possessed or trained by any person with the intent that the
same should be so engaged, all such birds, dogs or other
animals so found and adjudged to have been so engaged or
kept, owned, trained or intended for such purpose and
with such intent, shall be adjudged forfeit, and such jus-
tice or court shall thereupon enter a decree of forfeiture
of the same. The said justice or court, except an appeal
be taken as hereinafter provided, shall issue an order for
Birds and ani. the kilHuo^ of such bii'ds, dogs or other animals adjudged

mals to be ~ ' o .< o

killed. forfeit as aforesaid, directed to any officer authorized to

serve criminal process, and the officer receiving said order
shall kill or cause the same to be killed within twenty-
four hours thereafter. Any birds, dogs or other animals
seized as herein before provided, not adjudged forfeit,
shall be delivered to the owner or to the person entitled to
the possession thereof. Any person shall be allowed to
appear as claimant in the proceeding upon the application
for a decree of forfeiture.

Owner orciaim. SECTION 5. Aiiv owucr or claimant aggrieved by any

ant may apijcal , ■, . ^ . • i • f

to superior decice 01 such justice or court, may within twenty-iour
hours after the entry of such decree and before execution
thereof, appeal therefrom to the superior court tlnMi next
to be held in the county ; and all proceedings upon and
after such appeal, including the right of exception, shall

1876.— Chapter 85. 65

be conformable, so far as' may be, to those in criminal
cases, except that before any snch appeal is allowed the
appellant shall recognize to the Commonwealth in the sum To recognize,
of two hundred dolUirs with good and sufficient sureties, to prosecute LTs
prosecute his appeal at the court appealed to and to pay "pp'^^i-
all such costs as may thereafter arise, and all such expenses
as may be thereafter incurred in the care and keeping of
the birds, dogs or other animals claimed by such appellant,
in case final judgment is rendered against the same, and to
abide the judgment of the court thereon. Upont the final
judgment the birds, dogs or other animals held in custody
to abide such judgment, shall be disposed of under the
direction of the superior court, in like manner as the jus-
tice of the peace, police, municipal or district court might
have disposed of the same, if no appeal had been taken.
During the pendency of the appeal all birds, dogs or other
animals that may have been adjudged forfeit, shall be kept
in custody in some place other than that from which they
were taken.

Section 6. The necessary expenses incurred in the Expenses of
care and destruction of such birds, clogs and other animals, birds.^''"^
may be allowed and paid in the same manner that costs in
criminal prosecutions are paid.

Section 7. Whoever owns, possesses, keeps or trains Penalties on
any bird, dog or other animal, with the intent that such oflnimaL^Tc^*^
bird, dog or other animal shall be engaged in an exhibition
of fighting, or whoever establishes or promotes an exhibi-
tion of the fighting of birds, dogs or other animals, shall
be punished by fine not exceeding two hundred dollars,
or by imprisonment in jail not exceeding one year, or by
both such fine and imprisonment.

Section 8. Whoever is present at any place, building Penalty for
or tenement where preparations are being made for an an'efhibmon^of
exhibition of the fighting of birds, dogs or other animals, %hting animals.
with intent to be present at such exhibition, or is present
at, aids in, or contributes to, such an exhibition, shall be
punished by fine not exceeding twenty-five dollars, or by
imprisonment in jail not exceeding thirty days, or by both
such fine and imprisonment.

Section 9. Section seventy-nine of chapter eisrhty- Repeal of g.s.
eight of the General Statutes, and chapter four hundred 1869/435.
and thirty-five of the acts of the year eighteen hundred and
sixty-nine, are hereby repealed, and the provisions of Provisions of
chapter two hundred and forty-two of the acts of the year appi'y. ' °°
9

1876.— Chapteks 86, 87.

Corporators.

Name and pur-
pose.

Powers and
duties.

Proviso.

eighteen hundred and seventy shall not apply to proceed-
Proviso. ings under this act : jjvovided, that nothing herein con-

tained shall affect any prosecution now pending, or any
penalty or forfeiture already incurred.

Approved March 30, 1876.
Chap, 86. An Act to incorporate the boston widows' and orphans'

ASSOCIATION.

Be it enacted, &c.,as follows:

Section 1. Patrick Ward, Joseph Joyce, James O'Day,
Austin Cannon, Patrick Clark, Peter Sheeran and M. J.
Dunn, their associates and successors, are hereby made a
corporation by the name of the Boston V/idows' and Or-
phans' Association, for the purpose of rendering assistance
to the sick, wounded and disabled members of said asso-
ciation, and the families of deceased members thereof, and
of providing for the decent burial of the dead ; with all
the powers and privileges, and subject to all the liabilities,
duties and restrictions set forth in all general laws which
now are or may hereafter be in force relating to such cor-
porations : provided, that said corporation shall not be
subject to the laws relating to life insurance companies,
and shall not be summoned as trustee in any action or
process against any person or persons who may hereafter
be entitled to assistance from said association under the
by-laws thereof, or under the provisions of this act.

Section 2. Said corporation may take and hold, for
the purposes aforesaid, real or personal estate, or both, to
an amount not exceeding five thousand dollars.

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

Approved April 4, 1876.
Chap. 87. An Act in addition to an act to incorporate the baldavin

PLACE HOME FOR LITTLE WANDERERS.

Be it enacted, &c., as folloivs :

Section 1. The Baldwin Place Home for Little Wan-
derers, which was incorporated by chapter ninety-eight of
the acts of the year eighteen hundred and sixty-five, may
take and hold real and personal property to an amount not
exceeding two hundred thousand dollars in addition to the
amount permitted by the above act.

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

Approved April 4, 1876.

Real and per-
sonal estate.

$200,000 addi-
tional real and
personal estate.

1876.— Chapters 88, 89, 90. ' 67

An Act to regulate the assessment of poll-taxes. Chap. 88.

Be it enacted, t&c, as follows :

Section 1 . The entire poll-tax assessed upon an indi- Poii-tax, inciud-
vidual in one year for town, county and state purposes, tales'.^noTto
including highway taxes, shall not exceed two dollars. exceed two doi-

Section 2. Chapter one hundred and fifty-eight of Repeal of 1862,
the acts of the year eighteen hundred and sixty-two is ^^^'
hereby repealed.

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

Ajyproved Ajjril 4, 1876.

An Act to facilitate the assignment of dower. ChaT). 89.

Be it enacted, &c., as follows :

Section three of chapter ninety of the General Statutes Assignment of
is hereby amended by inserting after the words "is settled," A°memimentto
in the fifth line, the following; "upon petition by her, or o. 8.90, §3.
if such widow neglects or omits to petition or make demand
of her dower within one year from the decease of her hus-
band, by the heirs or devisees of her husband, or any of
them, or by any person having any estate in the lands sub-
ject to dower, or by the guardian of any such heirs, de-
visees or persons having said estate " ; and section four of
the same chapter is hereby amended by inserting after the
words "by her" at the end of the second line, as follows :
" or by any person entitled to petition for assignment of
dower." Ai^proved April 4, 1876.

An Act making appropriations for certain educational QJiap. 90.

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
educational purposes, to wit : —

For the support of normal schools, including the normal Normal schools.
art-school, a sum not exceeding seventy-six thousand dol-
lars.

For teachers' institutes, a sum not exceeding three thou- Teachers' insti-
sand dollars, to be expended in accordance with the provi- *"''^^*
sions of chapter thirty-five of the General Statutes.

For the Massachusetts Teachers' Association, three Mass. Teachers'

hundred dollars. Association.

1876.— Chapter 91.

Appropriations. SECTION 2. The suiiis hereinafter mentioned in this
section, are appropriated and shall be paid from the treas-
ury of the Commonwealth, to wit : —

For expenses of the members of the board of education,
a sum not exceeding three hundred dollars.

For county teachers' associations, a sum not exceeding
three hundred dollars.

For postage, printing, stationery, advertising, transpor-
tation of documents for the board of education and the
secretary thereof, a sum not exceeding four thousand dollars.

For printing the annual and supplementary reports of
the board of education with the accompanying documents,
a sum not exceeding ten thousand dollars.

For salaries of agents of the board of education, a sum
not exceeding eighteen thousand dollars.

For the Perkins institution and Massachusetts asylum
for the blind, the sum of thirty thousand dollars.

For the support of Massachusetts beneficiaries in the
asylums for the deaf and dumb, and in other institutions
of the same character, a sum not exceeding thirty thou-
sand dollars.

Section 3. 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 4. This act shall take efiect upon its passage.

Approved April 4, 1876.

Chap. 91, ^ -^^T MAKING APPROPRIATIONS FOR THE EXPENSES OF THE STATE

'^* * ALMSHOUSE, THE STATE PRIMARY SCHOOL AT MONSON, THE STATE

PRISON, THE REFORM SCHOOL AT AVESTBOROUGH, THE INDUSTRIAL

SCHOOL AT LANCASTER, THE BRIDGEWATER WORKHOUSE, THE

STATE DETECTIVK FORCE, AND FOR OTHER PURPOSES.

Be it enacted, &c., as folloivs :
Appropriations. SECTION 1. The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the Common-
wealth, from the ordinary revenue, unless otherwise

Board of educa-
tion, expenses.

County teach-
ers' associa-
tions.

Board of educa-
tion, postage,
etc.

Board of educa-
tion, printing
reports.

Salaries of
agents.

Asylum for the
blind.

Beneficiaries in
asylums for the
deaf and dumb.

Rogers book
fund.

Todd Normal
School fund.

Agricultural
College fund.

1876.— Chaptee 91. 69

ordered, for the purpose of meeting the current expenses
of the institutions hereinafter named, and for other pur-
poses, during the year eighteen hundred and seventy-six,
to wit : —

CHARITABLE.

For the payment of salaries at the state almshouse at state aims-
Tewksbury, a sum not exceeding sixteen thousand dollars ; bury!'
and for other current expenses of said institution, a sum
not exceeding seventy-six thousand dollars.

For the payment of salaries at the state primary school state primary
at Monson, a sum not exceeding twelve thousand three
hundred dollars, and for other current expenses of said
institution, a sum not exceeding thirty-two thousand seven
hundred dollars.

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

For expenses of the secretary of the board of state char- secretary's ex-
ities, a sum not exceeding one thousand dollars. penses.

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

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

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

For the support of state paupers by cities and towns, a Support of state
sum not exceeding twenty-five thousand dollars : the same citi^^nd towns.
to include any expenses necessary to carry out the pro-
visions 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 five Burial of state
thousand dollars. p^'^p"'"'

For expenses attending the management of cases of cases of settle.
settlement and bastardy, and in connection with complaints ""^°'' '''°'
of, or in behalf of persons confined as lunatics in eighteen
hundred and seventy-six, a sum not exceeding two thou-
sand dollars.

For the reimbursement of cities and towns for expenses transportation
incurred in the transportation of state paupers to the state of state paupers.
almshouse, a sum not exceeding one thousand dollars.

For the reimbursement of the Massachusetts infant asy- infant asyium.

1876.— Chapter 91.

Indian state
paupers.

Pauper convicts,

Johonnot annui-
ties.

Annuities.

Pensions.

Idiotic and

feeble-minded

youth.

Dangerous
diseases.

lum for the support of infants having no known settlement
in the Commonwealth, a sum not exceeding five thousand
dollars.

For the support of Indian state paupers, a sum not ex-
ceeding five hundred dollars.

For the support of pauper convicts, a sum not exceed-
ing five hundred dollars.

For the annuities due from the Commonwealth, incurred
by the acceptance of the bequests of the late Martha
Johonnot, a sum not exceeding one thousand three hun-
dred dollars.

For other annuities, a sum not exceeding one thousand
two hundred dollars.

For pensions, a sum not exceeding seven hundred and
sixteen dollars.

For the Massachusetts school for idiotic and feeble-
minded youth, a sum not exceeding seventeen thousand
five hundred dollars.

For expenses incurred under chapter one hundred and
twenty-one of the acts of the year 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 detective
force.

State prison.

State reform
school.

Industrial
school.

REFORMATORY AND CORRECTIONAL.

For the salary of the chief of the state detective force,
two thousand five hundred dollars ; for the compensation
of the detectives, a sum not exceeding twenty thousand
dollars ; for travelling expenses actually paid by said de-
tectives, a sum not exceeding five thousand dollars, and
for incidental and contingent expenses, a sum not exceed-
ing five thousand dollars.

For the payment of salaries at the state prison, a sum
not exceeding fifty thousand dollars, and for other current
expenses of said institution, a sum not exceeding ninety-
five thousand dollars.

For the payment of salaries at the state reform school at
Westborough, a sum not exceeding nineteen thousand dol-
lars, and for other current expenses of said institution, a
sum not exceeding thirty-four thousand dollars.

For the payment of salaries at the industrial school for
* girls at Lancaster, a sum not exceeding six thousand dol-
lars ; and for other current expenses of said institution, a

1876.— Chapter 92. 71

sum not exceeding twenty-two thousand three hundred
dollars.

For the payment of salaries at the state workhouse at state work-
Bridgewater, a sum not exceeding eleven thousand dollars,
. and for other current expenses of said institution, a sum
not exceeding thirty-nine thousand dollars.

For the salary of the secretary of the board of prison prison commis-
commissioners, two thousand dollars ; and for expenses of taiy?"^*' ^^"'^'
said board of commissioners, a sum not exceeding five
hundred dollars.

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

For the salary of an agent for the relief of discharged Discharged con.
convicts, a sum not exceeding one thousand dollars ; and ^^''*^'
for expenditures of said agent, a sum not exceeding three
thousand dollars.

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

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

Approved April 4, 1876.

An Act to amend the charter of the city of new Bedford. Chap. 92.

Be it enacted, &c., as follows :

Section 1 . The mayor and aldermen of the city of Mayor and
New Bedford may, from time to time, appoint such police appoint p(^^i
officers and constables for said city as they may judge °®°'^''^' ^^°-
necessary, subject to removal by the mayor.

Section 2. The city council of the city of New Bed- watchand
ford are hereby authorized and empowered to unite, by me'msmaybe
ordinance, the watch and police departments of the said """ed.
city into one department, and to organize the same, and
from time to time to establish regulations therefor, not
repugnant to the laws of the Commonwealth.

Section 3. The mayor and aldermen may require any Police officers

1 -1 • i 1 ^• m ill and constables

person who may be appomted a police omcer or constable may be required
of the said city, to give bonds for the faithful discharge of *« give bonds.
the duties of his office, with such surety or sureties, and
to such an amount, as may be deemed 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 4. All acts authorizing the city council of Repeal.
said city to appoint a city marshal and assistants, consta-
bles and police officers, and all other acts or parts of acts

72 1876.— Chaptees 93, 94.

inconsistent with the provisions of this act, are hereby re-
Piovieo. pealed : provided^ that all officers now in service shall con-

tinue to hold their respective offices, unless sooner removed,
until appointments shall be made, as hereinbefore provided.
Subject to ac- SECTION 5. This act shall take effect upon its accept-

ceptance by city . .i/»i • /»-ktt\t

council. ance by the city council of the city of New Bedford.

Approved April 4, 1876.
Chap. 93. An Act to authorize the calling of the first regular

MEETING OF THE CENTRE SCHOOL DISTRICT OF GREAT BARRING-
TON.

Be it enacted, &c., as follows :
Warrant for SECTION 1. The Selectmen of the town of Great Bar-

meetmg to be , t . i ,....,

issued upon ap- rmo:tou, UDoii application made to them m writincf by three

plication of o'l^i-i. ^ o./_

three residents, Or morc rcsidcuts who pay taxes in the Centre school dis-
^'°' trict in said town, shall issue their warrant directed to one

of the persons making the application, requiring him to
warn the inhabitants of said district qualified to vote in
town affairs, to meet at the time and place in the district
expressed in said warrant.
Copy of warrant SECTION 2. The wamiug sliall be fjiven by postinsf a

to be posted on, /••! - xi i'iii>i

school-house truc copy 01 said warrant upon the outside door ot each
Hshed in Be'i^^" school-housc lu Said district at least fourteen days before
shire Courier, ^jjg meeting, and by causing a true copy of said warrant to
be published in the newspaper called the Berkshire Courier,
published in Great Barrington, for two successive weeks,
the last publication to be at least seven days before said
meeting, and such warning shall be a legal and sufficient
warning of the first regular meeting of said district, any-
thing in the provisions of section fourteen of chapter
thirty-nine of the General Statutes to the contrary not-
withstanding.

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

Appi'oved Aj)ril 4, 1876.

Chap. 94. ^^ ^^'^ ^^ relation to the service of avarrants issued by dis-
■^' ' trict or police courts, or trial justices, ok justices of the
peace.

Be it enacted, &c., as fullotvs :
Warrants may Warrants and other criminal processes issued by any
conSVe in^any district or policc coui't or by a trial justice, or justice of
wumty where thc pcacc, uKiy bc directed to, and served by, any cousta-
jurisdiction? ble of any city or town within the county in which such
court, trial justice, or justice of the peace has jurisdic-
^^^^' Approved April 4, 1876.

1876.— Chapters 95, 96. 73

An Act to incokpoeate the citizens exchange of Worcester. (JJiap. 95.
Be it enacted, tfcc, as follows :

Section 1. George F. Verry, James J. Kuss, W. A. corporators.
Denholra, Charles B. Pratt, their associates and suc-
cessors, are hereby made a corporation, by the name of Name and pur-
the Citizens Exchange, for the purpose of promoting trade ^'°^'^'
and business in the city of Worcester and vicinity, with
all the duties, liabilities and restrictions set forth in all
general laws which now are or hereafter may be in force
relating to such corporations : provided, however, that this Proviso.
act shall not be construed to authorize said corporation 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.'

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

AiJproved April 4, 1876.

An Act relating to the transfer to the state workhouse QJiap. 96.
OF certain convicts confined in housed of correction.

Be it enacted, &c., as follows:

Section 1. Upon the application of the overseers of a vagrants, etc.,

1 (. . . ,■,'■'■ .. /.. may be trans-

house or correction, the commissioners oi prisons may ferredfrom
cause any person confined therein under sentence hereafter reJtioi! to the
imposed for any offence mentioned in section twenty-eight ^^^1^°"^'
of chapter one hundred and sixty-five of the General Stat-
utes and chapter two hundred and thirty-five of the acts of
the year eighteen hundred and sixty-six, to be transferred,
with the mittimus, to the state workhouse, there to be
kept during the remainder of the sentence in the same
manner as if such person had been originally committed
thereto ; and the transfer shall be made in the manner
prescribed in sections three, five and six of chapter three
hundred and seventy of the acts of the year eighteen hun-
dred and seventy. The commissioners of prisons shall
have the same power to discharge any person so removed
as is now vested in the overseers of houses of correction.

Section 2. The county from which such person is County, from

T,i, n T ' , 1 1 which person is

removed shall pay tor his support such sum per week as removed, to pay
may be fixed by the board of state charities, and all moneys f'*'* *"pp°''*-
so received shall be paid into the state treasury in the
manner now provided by law. Approved April 4, 1876.

1876.— Chapters 97, 98.

Estate held
under will of
Mrs. Dickinson
to be exempt
from taxes.

Chap, 97. An Act to incorporate the trustees of the deerfield acad-
emy AND DICKINSON HIGH SCHOOL.

Be it enacted, &c., as follows :

Section 1. For the purpose of encouraging the estab-
lishment of a high school, library and reading-room, under
the will of Mrs. Esther Dickinson, late of Deerfield, de-
ceased, and of obviating certain objections which now exist
to the execution of the trusts thereby created, all the
estate real and personal held in trust under said will for
the purpose aforesaid, shall be exempt from all manner of
taxes, rates and impositions, so soon and so long as the
trustees shall maintain the high school, library and reading-
room therein provided for : provided, hoivevevy that this
act shall not take effect unless accepted by the town of
Deerfield on or before the fifteenth day of June next, at a
regular annual town meeting, or a town meeting called for
the purpose.

Section 2. Virgil M. Howard, John F. Moors, Elisha
Wells, Dexter Childs and George W. Jones, and their
successors to be a^Dpointed under the provisions of said
will, are hereby made a corporation under the name of
The Trustees of the Deerfield Academy and Dickinson
High School, for the purpose of executing the trusts
created by said will, with the powers and subject to the
duties, liabilities and restrictions set forth in the general
laws which now are or hereafter may be in force applicable
to corporations organized under chapter thirty-two of the
General Statutes, except as hereinbefore provided.

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

Approved April 4, 1876.

Chap. 98. An Act to supply the town of clinton with pure water

Be it enacted, &c., as follows :

Section 1. The town of Clinton is hereby authorized
to supply itself and its inhabitants with pure water to
extinguish fires, generate steam, and for domestic and
other uses, and may establish public fountains and hy-
drants and regulate their use, may discontinue the same,
and may collect such rents as may be fixed for the use of
such water.

Section 2. Said town, for the purposes aforesaid, may
take and hold the waters of Sandy Pond, so called, and of
any other natural pond or ponds, brook or brooks, within

Proviso.

Corporators.

Name and pur-
pose.

Powers and
dutieei.

Clinton to be
supplied with
water.

May take and
hold tlie waters
of Sandy Pond,
etc.

1876.— Chaptee 98. 75

the limits of the said town of Clinton, and may also take May take and

111 Til ^^^^ lands. ,

and hold, by purchase or otherwise, such land around tne
margin of said ponds or brooks, not exceeding five rods
in width, as may be necessary for the preservation of the
purity of said waters, and all other lands necessary for
raising, flowing, holding, diverting, conducting, purifying
and preserving such waters and conveying the same to any
and all parts of said town, and may erect thereon proper
dams, reservoirs, buildings, fixtures and other structures,
and make excavations and embankments, and procure and
run machinery therefor ; and for such purposes may con- ^''*yj^y^°^°
struct and lay down conduits, pipes and drains in, under drains.
or over any lands, water-courses, roads or railroads, and
along any street, highway, alley or other way, in such
manner as not to unnecessarily obstruct the same, and for
the purposes of constructing, laying down, maintaining
and repairing such conduits, pipes and drains, and for
all other purposes of this act, may dig up, raise and
embank any such lands, street, highway, alley or other
way, in such manner as to cause the least hinderance to
travel thereon : provided, that within ninety days after the Tofiieinthereg.
time of taking any lands, water or water-courses as afore- a dJsc/iption^of
said, otherwise than by purchase, said town shall file in the land taken.
the registry- of deeds for the county of Worcester a de-
scription thereof sufficiently accurate for identification, with
a statement of the purpose for which the same is taken,
signed by the water commissioners hereinafter named.

Section 3. The said town of Clinton shall be liable to Liability for
pay all damages sustained by any persons or corporations *^^™'*^^*-
in their property by the taking of any lands, water, or
water rights or easements, or by the construction of any
aqueducts or other works for the purposes aforesaid. If
any person or corporation sustaining damages as aforesaid,
cannot agree with the town upon the amount of such
damages, they may have them assessed in the manner
provided by law with respect to land taken for highways ;
but no application shall be made to the county commis-
sioners for the assessment of damages for the taking of
water rights, until the water is actually taken and diverted
by said town.

Any person or corporation whose water rights are thus
taken or aflfected, may apply as aforesaid within three
years from the time the water is actually withdrawn or
diverted, and not thereafter.

1876.— Chapter 98.

Water commis-
sioners to be
elected.

Loin"»°norto*^'' Sectiox 4. Foi' the purpose of paying all necessary-
exceed $125,000. expenses and liabilities incurred under the provisions of
this act, the said town of Clinton shall have authority from
time to time to issue notes, bonds or scrip, signed by the
treasurer, and countersigned by the chairman of the select-
men, to be denominated the "Clinton Water Loan," to an
amount not exceeding one hundred and twenty-five thou-
sand dollars, payable at periods not exceeding thirty years
from the date thereof, with interest payable semi-annually,
at a rate not exceeding seven per centum per annum ; and
said town may sell said bonds at public or private sale, or
pledge the same for money borrowed for the purposes of
this act, upon such terms and conditions as it may deem
proper, and may raise money by taxation to pay said
bonds and interest thereon when due ; but said town shall
not raise more than five thousand dollars in any one year
to pay the principal of said bonds, except the year in
which the same may become due.

Section 5. Said town shall elect by ballot as herein-
after provided, three persons who shall form a board of
water commissioners, whose duties it shall be to execute,
superintend and direct the performance of all the works,
matters and things mentioned in this act, and exercise all
the rights, powers and privileges hereby granted, and not
otherwise specifically provided for herein, subject to the
vote of said town.

Section 6. At any annual meeting of the inhabitants
of said town, or at any special meeting called for the pur-
pose, one of the three persons to be chosen according to
the provisions of the preceding section, shall be elected
for a term ending one year, one for a term ending two
years, and one for a term ending three years from the next
succeeding annual town meeting, after which first election,
one member of said board, as the term of each expires,
shall be elected at the annual town
of three years.

Any vacancy occurring in said board may be filled by
said toAvn for the unexpired term. A majority of said
board shall constitute a quorum for the exercise of the
powers and duties prescribed by this act.

Section 7. Said water commissioners shall establish
such prices or rents for the use of the water, as to provide
annually, if practicable, from the net income and receipts
therefrom for the payment of the interest ou the Clinton

Terms of office.

meeting for the term

Vacancies.

Rents for use of
■water to be es-
tablished.

1876.— Chapter 98. 77

"Water Loan ; aud also after three years from the intro-
duction of the water into said town for the further payment
of not less than one per centum of the principal of said
loan.

The net surplus income and receipts, after deducting all bl^Sushed?
expenses, interest and charges of distribution, shall be
set apart as a sinking fund, and applied solely to the pay-
ment of the principal of said loan, until the same is fully
paid and discharged.

The said water commissioners shall be trustees of said fj'^g'^l.ug^^e^of
fund, and shall annually, and as often as said town may f>ind.
require, render an account of all their doings in relation
thereto.

Section 8. At any time after the expiration of three supreme judi.
years from the introduction of said water into said town, appoTu'tcommis-
and before the reimbursement of the principal of said tTterMtelTit^
Clinton Water Loan, if the surplus income and receipts for gu^^^eit.""*^
the use of the water distributed under this act, at the price
established by the water commissioners, after deducting
all expenses and charges of distribution, shall for any two
successive years be insufficient to pay the accruing interest
on the said loan, and the one per centum to the sinking
fund as aforesaid, then the supreme judicial court, or any
justice thereof, on the petition of twenty-five or more of
the legal voters of said town, praying that the said price
of said water be increased so far as may be necessary for
the purpose of paying from the said surplus income and
receipts the said accruing interest and the said one per
centum to the sinking fund, and upon due notice of the
pendency of such petition, given to said town in such
manner as said court shall order, may appoint three com-
missioners, who, upon due notice to the parties interested,
may raise and increase the said price if they shall judge
proper, so far as may be necessary for the purpose afore-
said, and no further ; and the award of said commissioners,
or the major part of them, being returned to said court at
the next term thereof for the county of Worcester, and
accepted by said court, shall be binding and conclusive
for the term of three years next after said acceptance, and
until the price so fixed shall, after said term, be changed
by said water commissioners or by said town.

Section 9. The occupant of any tenement or building Liability of
shall be liable for the payment of the rent for the use of Int!^^ ^^
the water in such tenement or building, aud also the

1876.— Chapter 99.

owner thereof shall be liable, if on being notified of such
use, he does not object in writing thereto.
Penalty for SECTION 10. Any pcrsou who shall use any of said

or rendering the Water without the couscnt of the towu, or who shall wan-
same impure. ^Qj-,]y qj. maliclously divert the water, or any part thereof,
taken, held or used under the provisions of this act, or
who shall wantonly or maliciously corrupt the same, or
render it impure, or who shall wantonly or maliciously
destroy or injure any dam, conduit, aqueduct, pipe or
hydrant, or other property, real or personal, held, owned
or used by the said town for the j^urposes of this act, shall
pay three times the actual damage to said town to be
recovered by an action of tort. Any such person, on
conviction of either of the wanton or malicious acts afore-
said, shall be punished by fine not exceeding three hundred
dollars or imprisonment in the house of correction not
exceeding one year, or both said penalties.
Subject to ac- SECTION 11. This act shall take effect upon its passage ;

tw^4hiTds vote but nothing shall be done, nor any expenditure made, nor
liability incurred under the same, except for preliminary
surveys and estimates, unless this act shall first be accepted
by vote of two-thirds of the legal voters of said town,
present and voting thereon at a legal meeting, called for
that purpose within three years from the passage of this

of the legal
voters.

act.

Approved April 4, 1876.

Narrow-gauge
railroad in
Billerica and
Bedford.

Ohav. 99. An Act to authorize the constuitction of certain narrow-
gauge RAILROADS IN BILLERICA AND BEDFORD.

Be it enacted, &c., as folloius :

Section 1. Any railroad corporation which may be
organized during the year eighteen hundred and seventy-
six, in accordance with the provisions of chapter three
hundred seventy-two of the acts of the year eighteen
hundred and seventy-four, for the purpose of locating,
constructing, maintaining and operating a narrow-gauge
railroad in the towns of Billerica and Bedford, may locate
and construct its railroad with a gauge of two feet instead
of three feet as established by the general law.

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

Approved April 6, 1870.

1876.— Chapters 100, 101. 79

An Act to regulate the use of steamboats for the convey- Chap.lOO.

ANCE of passengers.

Be it enacted, &c., as follows :

Section 1. The mayor and aldermen or selectmen of steamboats for

... , • . , conveyance of

any city or town may license any person to run a steam- passengers may
boat for the conveyance of passengers on lakes, ponds, ^« '^<=^'^^^<^-
and waters within this Commonwealth, and not within the
maritime jurisdiction of the United States.

Section 2. No person shall run a steamboat for the Not to be run

r r • 3 -ii. J. 1 • without a li-

conveyance of passengers as aforesaid, without having cense.
previously obtained a license therefor from the mayor and
aldermen of the city or cities, and the selectmen of the
town or towns within whose limits such steamboat shall
land or receive passengers.

Section 3. Such licenses shall be granted for a term Licenses for
not exceeding one year, and shall be recorded by the clerk h^g^ne yelr!^*^"
of the city or town by which they are granted, who shall
receive a fee of one dollar for every such license and
record. Every such license shall set forth the name of To set forth
the vessel and of the master and owner, the number of Ben'^ers'^per^^^'
passengers such vessel shall be permitted to carry at any etc?"*^ '° '^^"^'
one time, and shall be posted in a conspicuous place
thereon, and the number of passengers specified in such
license shall in no case be exceeded.

Section 4. Whoever violates any of the provisions of Penalty.
this act shall be punished by fine not exceeding fifty dol-
lars for each offence. Approved April 6, 1876.

An Act to authorize the fall river railroad company to

SELL or lease ITS ROAD.

Chap. IQl,

Be it enacted, &c., as folloivs :

Section 1 . The Fall River Railroad Company is hereby Faii River Rail,
authorized to lease or sell its road, franchise and other mays^?u?!erse
property to the Old Colony Railroad Company, or to the ^'^ '■°^"^-
New Bedford Railroad Company, or to the Boston, Clin-
ton & Fitchburg Railroad Company, or to unite or consol-
idate with either of said companies ; and either of said
companies is hereby authorized to hire, purchase, unite or
consolidate with the said Fall River Railroad Company,
and may increase its capital stock to an amount not ex-
ceeding the sum expended therefor ; but no such sale, proviso.
lease, union or consolidation shall be made except by
vote of the majority in interest of the stockholders of the

1876.— Chapter 102.

New corpora-
tion to have all
powers of the
existing corpo-
rations if they
are united.

corporation purchasing, hiring or uniting with said FalJ
River Raih'oacl Company, at a meeting duly called for the
purpose ; and by a like vote of the stockholders of said
Fall River Railroad Company at a meeting called for the
purpose ; and the terms and conditions of the proposed
sale, lease, union or consolidation shall also be stated in
the call for the said meeting of each corporation.

Section 2. In the event that the Fall River Railroad
Company shall hereafter, as contemplated in this act, unite
or consolidate with either of said corporations as aforesaid,
the corporation so formed shall have, hold and possess all
the powers, privileges, rights, franchises, property, claims
and demands which, at the time of such union, may be held
and enjoyed by either of said existing corporations, and be
subject to all the duties, restrictions, debts and liabilities
to which, at the time of union, either is subject in sever-
alty ; but the capital stock of the corporation so formed
shall not exceed the sum of the capital stock of the uniting
corporations at the time of such union ; and after such
union is effected the corporation so formed may take any
corporate name that may be approved by the board of rail-

road commissioners.

Approved April 6, 1876.

road.

Chap. 102, An Act to authorize the town of provincetown to estab-

' LISH A SINKING FUND FOR THE PAYMENT OF ITS INDEBTEDNESS
INCURRED BY ITS SUBSCRIPTION FOR THE CAPITAL STOCK OF THE
OLD COLONY RAILROAD COMPANY.

Be it enacted, &c., as follows:
Sinking fund SECTION 1. The towu of Provlncetown may establish

may be estab- .i- /.i/.! /.••iii- i

lished to pay for a smkmg fiuid for the payment of its indebtedness incurred
Colony Rail. for thc purposc of paying for the capital stock of the Old
Colony Railroad Company, and may contribute thereto
any sums which it may receive upon sales of said stock or
from dividends thereon, or from taxes which it may vote
to raise and appropriate therefor, and may transfer the
custody and management of said stock to the commission-
ers of said sinking fund.

Section 2. Such sinking fund shall be subject to the
provisions of section five of chapter two hundred and nine
of the acts of the year eighteen hundred and seventy-five ;
and the commissioners thereof shall be elected, and vacan-
cies in the board filled, in accordance with the provisions
of said section five, with all the powers and subject to all
the limitations and liabilities therein expressed.

Subject to pro
visions of 1875.
209, § 5.

1876.— Chapteks 103, lOJ:. 81

Sectiox 3. The votes of said town at a meetino; held Votes of town
in February of the current 3'ear, establishing a sinking fund
for the payment of such indebtedness and choosing com-
missioners therefor, shall have the same effect as if passed
at a meeting duly called after this act takes effect ; and
the commissioners of said fund already chosen shall hold
office for the terms for which they were chosen respect-
ively, and vacancies in their offices shall be tilled in the
manner provided by said section five.

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

Approved Ajjril 6, 1876.
An Act to regulate the takixo of fish in north river, in (JJiap, 103

THE COUNTY OF PLYMOUTH.

Be, it enacted^ t&c, as follows :

Section 1. No person shall fish with a net or seine in seines not to be
North River or any of its tributaries, in the county of "*''"^-
Plymouth, nor in any manner take or catch any shad, shad, salmon,
salmon or alewives, until the first day of July in the year caugMumn^
eighteen hundred and eighty-one, under the penalty of ^"'y ^' ^*^^-
five dollars for each shad or alewife, and fifty dollars for
every salmon so taken.

Section 2. Any net or seine, together with any boat, Boats, etc., nn.
craft or fishing apparatus used in violation of the provis- bTfo"rf<fited!'^ '°
ions of this act, and all fish unlawfully captured as herein-
before mentioned, shall be forfeited to the Common-:
wealth.

Section 3. This act shall take effect on the first day of to take effect
July in the year eighteen hundred and seventy-six. " ^ '

Approved April 6, 1876.

An Act requiring certain returns to the commissioners on QJiqj)^ 104
inland fisheries. ■^'

Be it enacted, &c., as follows :

Section 1. The owner or owners of every pound, weir ownersof
or other similar fixed contrivance, or of any fishing pier, m°4e'^annuai re-
seine, drag or gill net used in any of the waters of this J^^ggtonernf
state for fishing purposes, shall make written report, under '^^^l^^J'l'l^"'' °^
oath, to the commissioners on inland fisheries, on or before caught.
the first day of October in each year, specifying the num-
ber of each kind of edible fish caught by his or their
respective pounds, weirs or other similar fixed contriv-
ances, piers, seines, drag or gill nets, during the year next
preceding the date of said report.
11

82 1876.— Chapter 105;

fo°fllniuh°Sk Section 2. It shall be the duty of the commissioners on
^''ons^°^^^' iiilfi'itl fisheries to furnish each owner or proprietor of any
pound, weir or similar fixed contrivance, pier, seine, drag
or gill net, on or before the fifteenth day of March in each
• year, with suitable blank forms for the reports required by
the preceding section, so arranged that each day's catch
may be separately recorded thereon ; and in filling out
such reports, such owner or proprietor shall give the
results of each day's fishing so far as practicable ; and it
shall be the duty of such owner or proprietor to apply
to the commissioners on inland fisheries for such blank
forms.
Penalties. SECTION 3. Whoevcr kuowiugly and wilfully violates

any of the provisions of this act shall be punished by a
fine of not less than ten nor more than one hundred dol-
lars.

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

Ap2)roved April 6, 1876.
Chap. 105 -A-N Act to authorize the city of boston to reconstkuct

DOVER street BRIDGE, IN SAID CITY.

Be it enacted, &c., as follows :

ict

Bridg'ef "^' Called, situatcd in said city, to a width not exceeding sixty
feet; and may construct fender guards, may change the
location of the draw, and do such other acts as it may
deem necessary, expedient or convenient in the premises,
to secure a bridge and draw which shall safely and con-
veniently accommodate public travel and navigation ; sub-
ject, however, to the provisions of chapter four hundred and
thirty-two of the acts of the year one thousand eight hun-
dred and sixty-nine.

May take lami, SECTION 2. To sccuro and accomplish tlic objccts and

w arvea, etc. pj^n-poscs of thc preceding section, said city may take such
lands, buildiugs, wharves and structures as it may deem

Damages. iicccssary, and all damages to private property, or for land

taken under this act, shall be ascertained, as provided in
chapter forty-three of the General Statutes.

Approved April G, 1876.

City of Boston Section 1. The city of Boston is hereby authorized to

may reconstruct . , , -, . -, t>. OiiT»'i

and widen repair, rccoustruct and widen Dover btreet Bridge, so

1876.— Chapter 106. 83

An Act authorizing the cities of boston and chelsea to Chap. 106

RECONSTRUCT CHELSEA BRIDGE.

Be it enacted, &c., as follows :

Section 1. The city of Boston shall have authority to city of Boston
reconstruct that part of Chelsea Bridge now maintained by pim orcheilea
it, in the mauner following, to wit : — to increase the width ^"<^s®-
of said bridge to sixty-six feet, so that it shall be thirty-
three feet in width on each side of the centre of the present
bridge ; to fill solid to said width the portion between the
Charlestown end in the former city of Charlestown to the
harbor commissioners' line, and also the portion between
the southerly sea-wall of the filled land of the Boston and
Lowell Railroad Company, and the northerly sea-wall of
the flats and filled land of the Mystic River Corporation ;
to change the location of the draw therein, and to build
suitable draw-piers and fenders, subject however to the
provisions of chapter four hundred and thirty-two of the
acts of the year one thousand eight hundred and sixty-
nine. In constructing the portions to be filled solid, the
city of Boston shall have the option of building retaining
walls, or bulkheads, or of slopiug the sides to such an
extent as may be necessary to build the roadway of the
bridge to the width of sixty-six feet.

Section 2. The city of Chelsea shall have authority cityofcheisea
to reconstruct that part of Chelsea bridge now maintained ^a^of cheUer*
by it in the manner following, to wit : — to increase the ^^'^^s<i-
width of said bridge to the extent and in the manner
hereinbefore authorized to be done by the city of Boston ;
to fill solid to said width such portion of said bridge from
the Chelsea end towards the draw as the harbor commis-
sioners shall determine and permit to be filled, to the
depth of not less than ten feet above mean low-water
mark ; to construct solid retaining walls for that purpose
on both sides of said bridge, and if said city of Chelsea
shall so elect, to slope the westerly side instead of con-
structing said solid retaining wall ; to change the location
of the draw piers and to build suitable piers and fenders
for said draw ; all subject however to the provisions of
said chapter four hundred and thirty-two.

Section 3. To secure and accomplish the objects and May take land,
purposes of the preceding sections, said cities may sever- wharves, 'etc
ally take such lauds, buildings, wharves and structures, as
they deem necessary ; and all damages to private property,

1876.— Chatter 106.

Proviso.

Harbor commis-
sioners to desig-
nate places
where material
may be taken for
tilling.

Foot.'walk may
be maintained
while bridge is
rebuilding.

Obligations to
keep in repair
not affected.

Temporary
structure may
be built for use
of Lj'nn and
Boston Horse
Eailroad.

or for land, buildings, wharves or structures taken under
this act shall be ascertained as prescribed in chapter forty-
three of the General Statutes, and be severally paid for by
said cities : provided, however, that nothing herein con-
tained shall be construed to compel payment for any land
or property within the location of said bridge as originally
laid out.

Section 4. Such cities shall severally have the right
to fill those portions of the bridge hereinbefore authorized
to be filled solid, to the depth of ten feet above mean low-
water mark, with material taken from flats or marsh
betAveen high and low-water mark at such place or places
as shall be designated by the harbor commissioners, and
in such case no other compensation for said filling shall be
required from said cities.

Section 5. Said cities of Boston and Chelsea arc
authorized, during the rebuilding of said bridge, to con-
struct and maintain within their said respective limits a foot-
walk ; but they shall be subject to no liability for damages
for any injury sufl^ered by any person, while passing over
said foot-walk by reason of an}' defect therein.

Section 6. Nothing contained in this act shall affect
any obligation existing on the part of any person or cor-
poration to keep in repair any portion of the bridge, after
the same shall have been rebuilt.

Section 7. Either of said cities is authorized to build
a temporary structure upon which the Lynn and Boston
Plorse Railroad Company may run its cars at its own risk,
while said city is rebuilding any part of said bridge, or
said railroad company may build and use said temporary
structure itself, subject to the approval of the harbor
commissioners : j^^'ovided, that neither city shall be liable
to any person or corporation by reason of maintaining said
temporary structure, or by reason of any defect therein,
and jorovided also, that nothing contained in this section
shall be construed to prohibit either city from dossing said
bridge, or any portion thereof, to })ublic travel, whenever
it shall become necessary in the construction thereof.

Approved April C, 1876.

1876.— Chapters 107, 108, 109. 85

An Act to autiiouize the county commissioners of the county QJiap^ 107

OF ESSEX TO LAY OUT A HIGHWAY AND CONSTKUCT A BltllXiE "^

OVER IPSWICH KIVER.

Be it enacted^ <£c., as follows:

Section 1. The county commissioners for the count}'' county commis.
of Essex are hereby authorized iincl empowered, if in their sm'Jctl'brfugT"
judgment the public necessity and convenience require, Kiver! ^^^^'''^
to lay out a highway and construct a bridge and draw
across Ipswich River in the town of Ipswich, in said
county, at some place to be determined by them, between
Coggswell's Wharf and Damon's Mills.

Section 2. Said commissioners, in laying out and To proceed as in
constructing said road and bridge, shall, in all respects, blliTwayl' *"^''
proceed as is now provided by law for laying out and
constructing highways.

Section 3. This act shall be void unless an application Application for
shall be made to the county commissioners to lay out said madeVitbi'LTone
highway and bridge within one year from its passage. ^''''*'^*

Aj)proved April 6, 1876.

An Act to extend the time for the construction and com- Chap. 108

TLETION of a HIGHWAY AND BKIDGE ACROSS THE CONNECTICUT
RIVER AT TURNER'S FALLS.

Be it enacted, &e., as follows :

Section 1. The time mentioned in chapter one hun- Time extended

Tj.-.j, ^1 ft •! ITT '*^'' construction

dred ninety-three or the acts or the 3'^ear eighteen hundred and completion.
and seventy-five, for the construction and completion of
the highway and bridge at Turner's Falls, is extended to
four years from the passage of said act.

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

Ajiproved April 6, 1876.

An Act to allow the use of tents and camp equipage by Chap. 109

EDUCATIONAL INSTITUTIONS.

Be it enacted, &c., as follows:

Section 1. Educational institutions which are by law camp equipage
compelled to give military instruction may, at the discre- tj'o'^nanustuu-'^'''
tion of the commander-in-chief, use the tents and camp ^'°°*'
equipage of the militia for the purpose of encampment :
provided, that satisfactory bonds shall be given that said
property shall be returned to the Commonwealth in as
good condition as when received, ordinary wear only
excepted, and that the Commonwealth shall be subject to
uo expense except that incurred by said wear.

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

Approved Ajiril 6, 1876.

1876.— Chapters 110, 111.

Secretary of
board of educn-
lion, salary ea-
tablished.

Chap. 110 xVx Act to establish the salary of the secretary of the

BOARD OF education.

Be it enacted, tfcc, as follows :

Section 1. The secretary of the board of education
shall receive an annual salary of twenty-five hundred dol-
lars, and also the sum of four hundred dollars in full
compensation for travelling expenses, to be paid out of
the moiety of the school-fund applicable to educational
purposes.

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

Approved April 6, 1876.

Chap. Ill

Corporators.

Name and pur-
pose.

Powers and
duties.

Real and per-
Bonal property.

Town may ap-
propriutc money
for ilB Bupport.

An Act to incorporate the bry^vnt free library.

Be it eyiacled, &c., asfolloivs:

Section 1. William C. Bryant, Arthur Br^^ant, John
H. Bryant, Francis H. Dawes, Lorenzo H. Tower and the
chairman, for the time being, of the selectmen of the town
of Cummington, in Hampshire County, their associates
and successors, are hereby made a body corporate, by the
name of the Bryant Free Library, for the purj)ose of
establishing and maintaining in said town of Cummington
an institution to aid in the promotion of education, culture
and refinement, and the diffusion of knowledge, by means
of a library free to all the inhabitants of said town, with
all the powers and privileges and subject to all the duties,
restrictions and liabilities set forth in all general laws
which now are or may hereafter be in force applicable to
such corporations.

Section 2. Said corporation maj' hold real and per-
sonal property for the ])urj)ose aforesaid to the amount of
seventy-five thousand dollars, and all gifts, devises, be-
quests, and grants thereto, shall be devoted to such j^urposes
expressly, and used in conformity with and held upon the
conditions, upon which such gifts, devises, bequests or
grants may be made : provided, that such conditions are
not inconsistent with the provisions of this act.

Section 3. The town of Cunnniuijton, so lonij as said
corporation maintains a public library for the use of the
inhabitants thereof, in conformity with this act and the
conditions of such gifts, devises, bequests and grants as
may from time to time bo made to and accepted by it, is
hereby authorized to appropriate and pay money to aid
in supporting such institution, the same as may be done
by law for the support of public libraries ; and said cor-

1876.— Chapters 112, 113. 87

poration may receive and use in conformity with this
act all such appropriations as may from time to time be
made.

Section 4. The persons heretofore named in this act Board of trua-
shall constitute a board of trustees of such corporation,
and shall have authority to fill all vacancies in any manner
occurring, but the number of said trustees shall never
exceed six ; and the chairman of the selectmen of the town
of Cummington, for the time being, shall always be ex
officio one of that number. They shall choose of their officers of cor.
number a president of the board, a clerk, and a treasurer, p°'^^'°'*'
and prescribe the duties of each, and generally make such
by-laws and regulations for the management of the insti-
tution and of its property and funds, and the use of its
library, not in conflict with this act, as they shall deem
best calculated to carry out its purposes and those of the
gifts, grants, bequests or devises which may be made to
it. And all the accounts and records of said library and
all the books iu which any memorandums of the manage-
ment of the said institution are made, shall at all convenient
times be freely open to the inspection and examination of
any inhabitant of the town of Cummington who may desire
information of its affairs and condition.

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

Approved April 6, 1876.
An Act to change the name of the west congregational QJiart^ 112

SOCIETY IN DRACUT. "'

Be it enacted, t6c., as follows :

Section 1. The name of the AVest Congregational Name changed.
Society in Dracut is hereby changed to the Pawtucket
Society in Lowell.

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

Approved April 6, 1876.

An Act in addition to an act to divide the commonw^ealth QJiaj), 113

INTO DISTRICTS FOR THE CHOICE OF REPRESENTATIVES IN THE •^*

CONGRESS OF THE UNITED STATES.

Be it enacted, &c., as follows:

Section 1. The wards numbered thirteen, fourteen, congressional

/jr., •, i 'li. 'x ii. district No. 3.

nrteen, sixteen, seventeen, eighteen, nineteen, twenty,
twenty-one and twenty-four, in the city of Boston, shall ji.

form one district for the choice of a member of congress,
to be called congrressional district number three.

88 1876.— Chapters 114, 115.

confrressionai Sectiox 2. TliG citv of Chclsea, the towns of Revere

diBtrict No. 4. T 1 1 1 T

and Vv inthrop, and the wards numbered one, two, six,

seven, eight, nine, ten, eleven and twelve, in the city of

Boston, shall form one district for the choice of a member

of congress, to be called congressional district number four.

Ward8 3,4an<i5, SECTION 3. The wards numbered three, four and tive,

part o*f district in the cltj of Bostou, shall be included within, and form

^°' ^' a part of congressional district number five.

Wards 22 and 23, SECTION 4. The wards numbered twenty-two and

piirt of district twenty-three, in the city of Boston, shall be included within,

°' ^' and form a part of congressional district number eight.

Repeal. SECTION 5. So niuch of chapter three hundred of the

acts of the year eighteen hundred and seventy-two as is
inconsistent with the provisions of this act, is hereby re-
pealed.

Section 6. This act shall take effect upon its passage.

Approved April 6, 1876.

Chap. 114 Ax Act to amend section forty-four of chapter twenty-
four OF THE GENERAL STATUTES RELATING TO THE ASSESSMENT
OF TAXES IN FIRE DISTRICTS.

Be it enacted, &c., asfollowsK
Amendmeins to Section 1. Scctiou forty-four of chaptcF tweuty-fouF
of the General Statutes, is hereby amended by striking out
the word "but" after the word "taxes" in the tenth line
and insert the word "and," antl also by inserting after the
word " the " and before the word " property " in the
eleventh line the words "polls and."

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

Approved April 6, 1876.

Chap. 115 ^^ ^^"^ "^^ REGULATE INQUESTS ON DEAD BODIES.

Be it enacted, &c., as follows :
If, in the opinion Whcu ou vicw of a dead body and personal inquiry into

of the coroner, ., , /-jiiii .,.'..

murder or man- thc causc and manner oi the death, a coroner is ot opinion

bl''e"fcommitti;d, that the Crime of murder or of manslaughter may h;ive

attorney'ahanbe ^<^<^^^ Committed, ' hc shall immediately after issuing his

notified. warrant notify the district attorney of that fact, and of the

time and place exjiressed in his warrant for an inquest on

District-attor- Said body ; said district attorney shall attend at said in-

i"nqVest!"''"'* quest, in bohalf of the Connnonwealth, unless he deems

« such attendance unnecessary. The coroner shall issue

subpoenas for any witness designated by said district

attorney, and allow him to examine all witnesses testifying

1876.— Chapter 116. 89

before the inquest, and shall hint! over, under the provis-
ions of section ten of chapter one hundred and seventy-five
of the General Statutes, any witness whom said district
attorney may designate. Approved April 6, 1876.

An Act to change a portion of the harbok line in glouces- Q/iap. 116

TER harbor.

Be it enacted, &c., as follows :

Section 1. So much of chapter one hundred and Harbor lines

/•I 1 1 • 1 J. established in

twenty-iour or the acts of the year one thousand eight Gloucester tar-
hundred and sixty-six as establishes a harbor line beyond
which, in Gloucester harbor, no wharf, pier or other
structure shall ever hereafter be extended into or over
tide-waters in said harbor, from a point in the line estab-
lished by said act, which point is one hundred and fifty-
one feet distant from the stone bulkhead, and perpendicular
thereto; thence in a straio^ht line north-westerly one hun-
dred and eleven feet to a point one hundred and thirty feet
distant from the stone bulkhead and perpendicular there-
to ; thence in a straight line north-westerly one hundred
and ninetj-one feet to the north-west corner of the present
wharf of Pettingell and Cunningham ; thence in a straight
line north-westerly two hundretl and ninety-two feet to the
north-west corner of the present wharf of J. O. Proctor ;
thence in a straight line north-westerly one hundred and
eighty-seven feet to the north-west corner of the present
wharf of F. E. Riggs and Company ; thence in a straight
line north-westerly eighty-six feet to a point three hundred
and forty-four feet distant from the north-east corner of
Commercial and Beach streets, is hereby repealed : 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 one hundred and
fifty-one feet distant from the stone bulkhead and perpen-
dicular thereto ; thence in a straight line north-westerly
one hundred and eleven feet to a point one hundred and
fifty feet distant from the stone bulkhead and perpendic-
ular thereto ; thence in a straight line north-westerly about
seven hundred and sixty feet to a point three hundred and
forty-four feet distant from the north-east corner of Com-
mercial street : beyond said last described line hereby wharves, etc.,
established, no wharf, pier or other structure shall ever "e^nded^beyond
hereafter be extended into or over tide-waters in said har- established ime.
bor of Gloucester.

90 1876.--CnAPTERS 117, 118, 119.

TsM m"!?"! 6 Section 2. Sections four and five of said chapter one
* hundred and twenty-four shall apply to this act.

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

Approved April 6, 1876.

Chap. 117 An Act to amend chapter one hundred and forty-four of
^' the acts of the year eighteen hundred and seventy-

three, for the euection and regulation of mills.

Be it enacted, &c., as follows :
Amendment to Section 1. Scctiott two of chaptcr ouc huudrcd and
' ' * forty-four of the acts of the year eighteen hundred and
seventy-three, is hereby amended by inserting after the
word "corporation," wherever it occurs hi said section, the
words, "or town or city."

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

Approved April G, 1876.

Chap. 118 -^ Act relating to night-walkers.

Be it enacted, &c., as follows :
Male night- Auy Hialc pcrsoH wlio bv nlffht frequents the streets,

walkers to be •• •/ca

deemedcommon hlghways or pubHc phiccs, or w^ho goes about or abroad
ami'lmuti!hJd'as With thc intent to entice, allure or invite any one to illicit
■"°'^- sexual intercourse, shall be deemed a common night-

walker, and shall bo punished in the same manner as those
now deemed common night-walkers are punished by law^.

Approved April 6, 1876.
Chap. 119 A.N Act to appropriate the income of the compensation

FUND FOR BOSTON HARBOR.

Be it enacted, &c., as follows :
Harbor commis. The board of hai'bor commissioners is authorized to
tract for d?edg"' coutract for drcdgiiig off shoals in Boston harbor, in such
Bo8t"o*uUarbor" localities as Said board shall designate to a dejith not
exceeding twenty- three feet at mean low- water, such con-
tracts to be subject to the. approval of the governor and
council. The income from the compensation funtl for
Boston hari)or, received during the year eighteen hundred
and seventy-five and during the year eighteen hundred
and seventy-six, shall be used to pay for such dredging,
and the same is hereby appropriated.

Approved April G, 1876.

1876.— Chapteks 120, 121. 91

An Act relating to deposit notes of mutual fire insurance Chap. 120

COMPANIES,

Be it enacted, <fcc., as follows :

Sectiox 1. Mutual fire insurance companies incorpo- Deposit notes
rated under the laws of this Commonwealth prior to the pTemturaTre.
third day of June in the year eighteen hundred and tifty- cfes?*^ ^^ ^°"'
six, may take deposit notes for such portion of the
premiums reserved by their policies, as their by-laws may
provide.

Section 2. All deposit notes heretofore taken by such Notes in excess
companies in excess of the amount provided for by section vWed^by'cK a."
fifty-eiglit of chapter fifty-eight of the General Statutes, f^^J/^- '^s*''
shall be deemed to have been legally taken.

Sectiox 3. The total amount of the liability to assess- Liability to
ment of the policy-holder, shall hereafter be plainly and stated^nback ^
legibly stated on the back of every policy of insurance, ^^P°'i<=y-
issued by a mutual fire insurance company.

Approved April 6, 1876.

An Act relating to the commitment of children to the Chap. 121
state primary school, and to their discharge therefrom.

Be it enacted, <£c., as follows:

Section 1. Whenever a child, having a settlement in Notice to be
this Commonwealth, is committed to the state primary Kersof p^aceof
school under the provisions ot section ten of chapter three cwid^Toi^ ^°
hundred and fifty-nine, of the acts of the year eighteen 5^7o['359"§7o.
hundred and seventy, the general agent of state chari-
ties shall give written notice of such commitment to the
overseers of the poor of the place of settlement ; and said
overseers, with the assent of the board of state charities,
may remove such child to said place of settlement, and
said place of settlement shall pay one dollar per week,
from the date of the notice aforesaid, for the support of
such child in said school, which sum shall be paid to, or
recovered by, the treasurer of the Commonwealth.

Section 2. The board of state charities may discharge Discharge of
from custody any child committed to its care under the
provisions of said section ten of chapter three hundred
and fifty-nine of the acts of the year eighteen hundred and
seventy. Approved April 6, 1876.

92 1876.— Chapter 122.

Chap. 122 An Act relating to the passage of vessels through dratt-

BKIDGES.

Be it enacted, <fcc., as follows :

Srthrougr^' Section 1. Any city or town in which a draw for the
brkiges may be passaofc of vcsscls throuffh a bridofe used as a public hiorh-

regulated by -» , » ^ ~ .

towus, etc. way and maintained at the public expense, is situated, shall
have power to make ordinances or by-laws regulating the
passage of vessels through such draw, and to annex penal-
ties not exceeding fifty dollars for each violation thereof:
provided, such ordinances or by-laws shall be approved by
the harbor commissioners.
Draw-tenders to Section 2. lu all cases whcre such ordinanccs or by-
eappoine . j^^^^^^ ^^^^ made applicable to any draw, it shall be the duty
of such city or town to place said draw under the direction
of a suitable person or persons, as draw-tender or super-
intendent, and to post in some conspicuous place near by,
a written or printed copy of such ordinances or by-laws.
To have control SECTION 3. Such draw-tcudcr or superintendent shall
vJseLs?^''^ have full control of the passing of all vessels through the
draw, shall furnish all facilities for such passing, shall allow
no detention, having due regard for the public travel, and
shall enforce the ordinances or by-laws aforesaid.
Lifibiiity in case Section 4. If any vessel shall, through the negligence
notlompuJii of the master or others having charge of her, or their ueg-
^'''*' lect to comply with such ordinances or by-laws, or disre-

gard of the directions of such draw-tender or superin-
tendent, injure any bridge, draw or pier or wharf connected
therewith, the owner or owners thereof shall likewise be
liable to pay for such damage, to be recovered by such
city or town in an action of tort.
Draw-tender SECTION 5. Such draw-tcudcr OT Superintendent shall

may remove ves. ,•, • 1 *1 -i. a \ \ ,. ,.•

«ei obstructing likcwLsehave authority to remove any vessel obstructing
**^* such draw, or interfering with the passage of other vessels

through the same, or made fast to such draw or bridge or
pier or wharf connected with the same, without the con-
sent of such draw-tender or superintendent, or wilfully
violating any ordinance or by-law, and the expense of such
removal .shall be recovered in the manner set forth in the
foregoing section.

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

Ajyproved April 6, 1S7G.

187G.— Chapter 123. 93

An Act relating to the sealing of weights and measures. Chap. 123
Be it enacted, &c., as follows :

Section 1. The sealers of weights and measures in the seaiers to give
several cities and towns shall annually give public notice by that weights,
advertisement, or by posting notice in one or more public fn^to beaT-"^^*
places in their respective cities and towns, to all inhabitants J"*'*^*^-
or persons having a usual place of business therein, who
use scales, weights, measures or milk-cans for the purpose
of selling any goods, wares, merchandise or other com-
modities, or for public weighing, to bring in their scales,
weights, measures and milk-cans to be adjusted and sealed
within sixty days after said notice. ISuch sealers shall
attend in one or more convenient place or places, and shall
adjust, seal and record all scales, weights, measures and
milk-cans, so brought in.

In those cities or towns where a salary is paid to
sealers of weights and measures, no fees shall be charged
for such services. In other cities and towns the said
sealers shall receive the compensation set forth in section
fourteen of chapter fifty-one of the General Statutes.

Section 2. After the expiration of the said sixty days To adjust
the said sealers of weights and measures shall go to the etores^wLen'' '°
houses, stores and shops of persons mentioned in the fore- comply with"
going section who have neglected to comply with the "°*'<^'-'-
notice given thereunder, and having entered the same, with
the assent of the occupants thereof, shall adjust and seal
their scales, weights, measures and milk-cans, and shall
be entitled to receive for said service the compensation set
forth in said section fourteen.

Section 3. The said sealers of weights and measures to test hay and

111 1 i?i • ^ A. coal scales an-

shall go once a year, and oitener it necessary, to every nuaiiy.
hay and coal scale, dormant or other platform balance,
within their respective cities and towns, that cannot be
easily or conveniently removed, and test the accuracy of
and adjust and seal the same, and shall receive therefor
the compensation set forth in said section fourteen.

Section 4. All persons using any scales, weights, To adjust
measures or milk-cans for the purpose of buying or selling whelllvefre?*'^
any commodity, may have the same tested and sealed by i"''''''^-
the sealers of weights and measures-, at the office of any
of said sealers, whenever such persons desire to have it
done.

1876.— Chapter 123.

To examine,
etc., when com-
plaint is made
that weights,
etc., are incor-
rect.

Penalty.

Weights that
cannot be made
to conform to
standard to be
marked "con-
demned."

Penalty for
using false
•weight or meas-
ure.

Sealers of
Wfights may be
paid ualariL'S.

Section 5. AVhenever a complaint is made to a sealer
of weights and measures by any person, that he has reason-
able cause to believe, or whenever a sealer of weights
and measures shall himself have reasonable cause to believe,
that any scale, weight, measure or milk-can used in the
sale of any commodity within the city or town, is incor-
rect, the said sealer shall go to the place where such scale,
weight, measure or milk-can is, and test and mark the
same according to the result of the test applied thereto ;
and if the same be incorrect and cannot be adjusted, the
said sealer shall attach a notice thereto certifying the fact,
and forbidding the use thereof until the same has been
made to conform to the authorized standard. Any person
using any scales, weights, measures or milk-cans after a
sealer of weights and measures has demanded permission
to test the same, and has been refused such permission,
shall be liable to a penalty of not less than ten nor more
than one hundred dollars.

Section 6. All scales, weights, measures and milk-
cans that cannot be made to conform to the standard,
shall be stamped "condemned" or " C. D." by the sealer
of weights and measures ; and no person shall thereafter
use the same for weighing or measuring any commodity
sold or exchanged, under the penalties provided in the
case of the use of false weights and measures.

Section 7. If any person shall knowingly use any false
weight, measure, milk-can, scale, balance or beam, or shall
alter any weight, measure, milk-can, scale, balance or
beam after the same shall have been adjusted and sealed,
so that the same thereby shall not conform to the public
standard, and shall fraudulently make use of the same, he
shall forfeit for each offence the sum of tifty dollars, one-
half to the use of the city or town, and one-half to the use
of the complainant. And any sealer, when he shall have
reasonable cause to believe that any weight, measure, milk-
can, scale, balance or beam has been altered since the
same was last adjusted and sealed, is authorized and
required to enter the premises in which such weight,
measure, milk-can, scale, balance or beam is kept or used,
and examine the same.

Section 8. The city council of any city may, by ordi-
nance, and any town may by by-law, provide that the
scalers of weights and measures for their respective city
or town, be paid by a salary, and that they account for

187G.— Chapter 124, 125. 95

and pa}^ iuto the treasury of the city or town, the fees
received by them by virtue of their office.

Section 9. The mayor and aldermen of any city are n^iovaifrom
authorized to remove any sealer of weights and measures
in said city at any time they may see fit.

Section 10. Chapter two hundred and eighteen of the Repeal of mo,
acts of the year eighteen hundred and seventy, is hereby
repealed.

Section 11. This act shall take effect upon its passage.

Approved April 6, 1876.
An Act to authorize the boston and maine railroad to pur- Chap. 124

CHASE the NEWBURYPORT RAILROAD.

Be it enacted, t&c, as follows :

Section 1. The Boston and Maine Railroad is author- Boston and
ized to purchase the rights, franchise and property of the may purchase
Newburyport Railroad Company, and the said Newbury- portR^h-oad".
port Railroad Company is authorized to convey and assign
to the said Boston and Maine Railroad its franchise and
property, and all the rights, easements, privileges and
powers granted it ; and the said Boston and Maine Rail-
road shall, upon such conveyance being made to it, have
and enjoy all the rights, powers, privileges, easements,
franchises and property, and be subject to all the duties,
liabilities, obligations and restrictions to which said New-
buryport Railroad Company may be subject : j)*'Ovided, Proviso.
ho2veuer, that such purchase or sale shall not be valid
unless agreed to by the directors of the contracting corpo-
rations, and approved by the majority of the votes at
meetings of the stockholders of each corporation called for
that purpose, and by the board of railroad commissioners.

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

Approved Ajiril 7, 1876.
An Act in addition to an act to incorporate the propri- Chap, 125

ETORS of the cemetery OF MOUNT AUBURN.

Be it enacted, &c., as follows :

Section 1. All persons who now are, or shall here- owners of iota
after become proprietors of lots in the cemetery of Mount hundred fquar^
Auburn of a size not less than one hundred square feet member^*'ofSia
each, shall thereby become members of the corporation corporation.
known as the Proprietors of the Cemetery of Mount
Auburn : f)^ovided, that this section shall not take effect Proviso.

1876.— Chapter 126.

until accepted by said corporation at a meeting called for
the purpose.
nia7annex'to SECTION 2. The Said corporation may, by vote of its

wt'within ''* trustees, annex to its cemetery and use, for the purposes
present incioB. set forth iu its charter, all the lands now owned by it and
included within the present inclosure with its cemetery ;
and the said lands and any structure or thing now or here-
, after erected or placed thereon, and used solely for the
purposes set forth in said charter, for the repair, improve-
ment, preservation and embellishment of said cemetery,
and the lots of proprietors therein, shall thereby become a
part of said cemetery, except stables or workshops and their
contents ; and the said corporation within thirty days after
the passage of this act shall file in the registry of deeds for
the southern district of the county of Middlesex, a plan of
the lands now owned by it and included within the present
inclosure with its cemetery.

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

Approved April 7, 1876.

Chap. 126 -^N Act to authorize thS boston and maine railroad to pur-
chase THE DANVERS RAILROAD.

Be it enacted, &c., as folloivs :

Section 1. The Boston and Maine Railroad is author-
ized to purchase the rights, franchise and property of the
Danvers Railroad Company, and the said Danvers Raih'oad
Company is authorized to convey and assign to the said
Boston and Maine Raih'oad its franchise and property, and
all the rights, easements, privileges and powers granted it,
and the said Boston and Maine Railroad shall, upon such
conveyance being made to it, have and enjoy all the rights,
powers, privileges, easements, franchises and property,
and be subject to all the duties, liabilities, obligations and
restrictions to which said Danvers Railroad Company may
be subject : j^^'ovided, ho^cever, that such purchase or sale
shall not be valid unless agreed to by the directors of the
contracting corporations, and approved by the majority of
the votes at meetings of the stockholders of each corpora-
tion called for that purpose, and by the board of railroad
commissioners.

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

Approved April 7, 1876.

BoRton and
Maine Railroad
may purchase
the Danvera
Railroad.

Proviso.

1876.— Chapters 127, 128, 129. 97

An Act concerning the kegtstuy of deeds for the town of Chajp. 127

DALTON.

Be it enacted, &c., as follows :

Section 1. The town of Dalton, in the county of Berk- pa'ton set off

,. ., n, ^ , ,1 'TUT from norinern

shire IS hereby set on from the northern to the imadle dis- to middle dis.
trict in said county, for the registry of deeds ; and all of deedar^'***^^
deeds, conveyances and other instruments conveying or
relating to lands, estates or rights situated in said Dalton
now required by law to be recorded in the registry of
deeds at Adams, shall hereafter be recorded in the registry
of deeds at Pittslield.

Section 2. The register of deeds for the northern dis- Deeds, etc., to
trict of Berkshire shall, on demand, deliver to the custody
of the register of deeds for the middle district of Berk-
shire, all the original deeds and other instruments, recorded
and remaining in the office of* the former, conveying or
relating to lands, estates or rights in said Dalton.

Section 3. So much of section eighty-two of chapter Repeal.
seventeen of the General Statutes as constitutes the town
of Dalton a part of the northern district for the registry of
deeds in said Berkshire county, is hereby repealed.

Section 4. This act shall take effect on the first day T^'^^Hf!^^*''

„ _ ^ "^ Jan. 1, 1877.

01 January next. Approved April 7, 1876.

An Act to extend the provisions op chapter four hundred nj^dj) ]^28

AND one of the ACTS OF THE YEAR EIGHTEEN HUNDRED AND -^ *

SEVENTY-FOUR IN RELATION TO THE TAKING OF LAND BY THE
FITCHBURG RAILROAD COMPANY.

Be it enacted, &c., as follows :

Section 1. The time within which the Fitchburg Rail- Time extended
road Company may avail itself of the rights and privileges f"^ taking land,
granted by chapter four hundred and one of the acts of the
year eighteen hundred and seventy-four, is hereby ex-
tended for the term of three years.

Section 2. Said chapter and this act shall not author- Land east of
ize said Fitchburg Railroad Company to take any lands east Avenue in^"
of Charles River Avenue in that portion of the city of Bos- not'tiTe^tlken.
ton, known as Charlestown. Approved April 7, 1876.

An Act in further addition to an act relating to the mystic QJiap. 129

RIVER CORPORATION. '^*

Be it enacted, &c., as folloivs :

The Mystic River Corporation is hereby authorized to May construct
construct docks, not exceeding six in number, inwardly cheisea Bridge.
from the line of its sea-wall on the north channel above
Chelsea Bridge ; and the material excavated from the flats

98 1876.— Chapter 130.

in said clocks may be used in filling the inclosures in the
manner and as is required by section three of chapter four
hundred and eighty-one of the acts of the year eighteen

Provisos, hundred and fifty-five : provided, that all the specific exca-

vations required by section two of said act shall be made
and maintained by said Mystic River Corporation, its suc-
cessors or assigns; and provided, that no such dock shall
be constructed within three hundred feet of said Chelsea
Bridge, nor until the space under said bridge between the
north sea-wall and the sea-wall on the south channel built

Wharfage and by said corporatiou shall be filled solid. And vessels may
be laid in said docks, and dockage and wharfage be re-
ceived therefor. Approved April 7, 1876.

Chap. 130 An Act to supply the town of hinghaji with puke water.
Be it enacted, &c., as follows : •

^i'"^He™w?th^ Section 1. The town of Hingham is hereby authorized

pure water. to supply itsclf aucl its inhabitants with pure water to ex-
tinguish fires, generate steam and for domestic and other
uses ; and may establish public fountains and hydrants,
regulate their use, and discontinue the same, and may col-
lect such rents as may be fixed for the use of said water.

May take waters SECTION 2. Said towu, for the purposcs aforcsaid, may
' take and hold the waters of Accord Pond, so called, in the
towns of Hingham, Scituate and Rockland, and the waters
which flow into and from the same, together with any
water rights connected therewith, and may also take and
hold, by purchase or otherwise, all necessary lands t\)r
raising, flowing, holding, diverting, conducting, purifying
and preserving such waters, and conveying the same to

May erect dams auv and all pai'ts of Said town of Hingham ; and may erect

and reservoirs. . , '■ , . i • i t i. ^ ' i

thereon proper dams, reservoirs, l)uilduigs, fixtures and
other structures, and make excavations and embankments,
and procure and run machinery therefor ; and for the pur-
poses of this act may construct and lay down conduits,
l)ipes and drains in, under or over any lands, water-courses
or railroads, and along any street, highway, alley or other
way, but in such manner as not unnecessarily to ob-
struct the same ; and for the purpose of constructing, lay-
ing down, maintaining and repairing such conduits, pipes
and drains, and lor all other proper purposcs of this act,
may dig up, raise and embank any such lands, street,
highway, alley or other way, in such manner as to cause
the least hinderance to travel thereon : provided, that within
ninety days after the time of taking any lands, waters or

187G.— CiiAPTEK 130. 99

water-courses as aforesaid, otherwise than by purchase,
said town shall file in the registry of deeds for the county To file in the
of Plymouth, a description thereof suflSciently accurate for rdesJdptioirof"
identification, with a statement of the purpose for which taken!"^' ^'*'''
the same is taken, signed by a majority of the water com-
missioners hereinafter named.

Section 3. Said town of Hingham shall be liable to ^^^"'^^'^^"^
pay all damages sustained by any persons or corporations
in their property by the taking of any lands, water or
water rights, or by the construction of any aqueducts or
other works for the purposes aforesaid. If any person or
corporation sustaining damages as aforesaid cannot agree
with the town upon the amount of such damages, they may
have them assessed in the manner provided by law with
respect to land taken for highways ; but no application
shall be made to the county commissioners for the assess-
ment of damages for the taking of water rights, until the
water is actually taken and diverted by said town. Any
person whose water rights are thus taken or aftected, may
apply as aforesaid within three years from the time the
water is actually withdrawn or diverted, and not there-
after wards.

Section 4. For the purpose of paying all necessary "Hingham
expenses and liabilities incurred under the provisions of not to exceed
this act, said town of Hingham shall have authority from '=^-"'^'*^°'^-
time to time to issue notes, bonds or scrip, signed by its
treasurer and countersigned by the chairman of the select-
men thereof, to be denominated "Hingham Water Loan,"
to an amount not exceeding two hundred thousand dol-
lars, payable at periods not exceeding thirty years from
the date thereof, with interest payable semi-annually, at a
rate not exceeding seven per centum per annum ; and said
town may sell said i)onds at public or private sale, upon
such terms and conditions as it may deem proper, and may
raise money by taxation to pay said bonds and interest
thereon when due ; but said town shall not raise more than
five thousand dollars in any one year to pay the principal
of said bonds, except the year in which the same may be-
come due.

Section 5. The treasurer of said town and the chair- Board of water
man of the selectmen thereof, ex officiis, and three jiersons
to be elected by ballot by the said inhabitants, as herein-
after provided, shall form a board of water commissioners,
who shall execute, superintend and direct the performance

commissioners.

100

1876.— Chapter 130.

Tlirce cottimis-
siouers to be
elected.

"Water rates to
te estaMiahed.

Sinkiug fund.

If income is in-
Bullicifiit, rates
may be in-
creased.

of all the works, matters and things mentioned in this act,
and exercise all the rights, powers and privileges hereby
granted, and not otherwise specitically provided for herein,
snbject to the vote of said town.

Section 6. At an}-- annnal meeting of the inhabitants
of said town or at any special meeting called for the pur-
pose, one of the three persons to be elected according to
the provisions of the preceding section, shall be elected for
a term ending one year, one for a term ending two years,
and one for a term ending three years from the next suc-
ceeding annual town meeting; after which tirst election, a
member of said board, as the term of each expires, shall
be elected at the annual town meetins: for the term of three
years. Vacancies may be filled at any town meeting duly
called for the purpose. Said commissioners shall receive
such compensation as the said town by vote may pre-
scribe, and a majority of said commissioners shall be a
quorum for the exercise of the powers and duties pre-
scribed by this act.

Section 7. Said water commissioners shall from time
to time establish such prices or rents for the use of the
water, as to piovide annually, if practicable, from the net
income and receipts therefor, for the paymiMit of the inter-
est on the "Hingham Water Loan," and also after three
years from the introduction of the water into said town,
for the further payment of not less than one per centum of
the principal of said bonds. The net surplus income and
receipts, after deducting all expenses, interest and charges
of distribution, shall bo set aj)art as a sinking fund and
applied solely to the payment of the principal of said bonds
until the same are fully paid and discharged. Said water
commissioners shall be trustees of said fund, and shall
annually, and as often as said town may require, render an
account of all their doings in relation tliei-oto.

Section y. At any time after the expiration of three
years from the introduction of said water into said town,
and before the reimbursement of the principal of said
" Hingham Water Loan," if the surplus income and receipts
for the use of the water distributed under this act, at the
price established by the water commissioners, after deduct-
ing all expenses and charges of distribution, shall, for
any two successive years be insutlicicnt to pay the accru-
ing interest on the said loan and the one per centum to the
sinking fund as aforesaid, then the supreme judicial court,

1876.— Chapter 130. 101

or nny justice thereof, on the petition of twenty-five or
more of the legal voters of suid town, praj^ng that the said
price of said water be increased so far as may be necessary
for the purpose of paying, from the said surplus income
and receipts, the said accruing interest and the said one
per centum to the sinking fund, and upon due notice of the
pendency of such petition, given to said town in such man-
ner as said court shall order, may a[)point three commis- Commissioners
siouers, who, upon due notice to the parties interested, l^'bea'^ppoiiued
may raise and increase the said price if they shall judge diciai'court^'^'
proper, so far as may be necessary for the purpose afore-
said, and no further ; and the award of said commission-
ers, or the major part of them, being returned to said court
at the next term thereof, for the county of Plymouth, and
accepted by said court, shall be binding and conclusive for
the term of three years next after the said acceptance, and
until the price so fixed shall, after said term, be changed
by the said water commissioners or by said town.

Section 9. The occupant of any tenement or building Liability of
shall be liable for the payment of the rent for the use of twiaut.'"^
the water in such tenement or building, and the owner
thereof shall also be liable, on being notified of such use,
until he shall object thereto by written notice to said water
commissioners.

Section 10. Any person who shall use said water. Penalty for
without the consent of the town, or who shall wantonly or orTemredT^g^he
maliciously divert the water or any part thereof, taken, held s^""" '^pu^e.
or used under the provisions of this act, or who shall
wantonly or maliciously corrupt the same or render it im-
pure, or who shall wantonly or maliciously destroy or injure
any dam, conduit, aqueduct, pipe or hydrant, or other prop-
erty, real or personal, held, owned or used by the said
town for the purposes of this act, shall pay three times the
actual damage to said town, to be recovered in an action
of tort. Any such person, on conviction of either of the
wanton or malicious acts aforesaid, shall be punished by
fine not exceeding one hundred dollars, or imprisonment
not exceeding six months, or both said penalties.

Section 11. This act shall take effect upon its passage ; no expenditures
but nothing shall be done, or any expenditure made, or actYs ac'Ijept" d '^
liability incurred under the same, except for preliminary 1*7 legai voters.
surveys and estimates, unless this act shall first be accepted
by vote of a majority of the legal voters of said town pres-

102

1876.— Chaptee 131.

ent and votinp^ tlieroon at a legal meeting called for that
purpose, within three years from the date of the passage
of this act. Approved April 7, 1876.

Chap. 131

Town of Sler-
riniac incorpo-
rated.

Territorial
limits.

Iiihaliit.'ints of
Morrimac to
jjiiy assussod
tnxfs to town of
Amesbury.

An Act to incokporate the town of merrimac.
Be it enacted, &c., as follows :

Section 1. All the territory now within the town of
Amesbiiry in the county of Essex, comprised within the
following limits, that is to say; beginning at a point on
the iSJcrrimac River, at the middle of the mouth of Pres-
sey's Creek (so called), thence running northerly in a
straight line to the most northerly point of land on the
southerly side of Kimball's Pond, thence north-westerly in
a straight line to a point on the town line dividing Ames-
bury and Newton, New Hampshire, two thousand and fifty
feet west from the monument on the state line dividing
Massachusetts and New Hampshire, situated on a road
leading from Newton to Amesbury and near the house of
Arthur Robertshaw, thence westerly, south-westerly and
south-easterly as the present division lines run between the
said town of Newton, city of Haverhill and said town of
Amesbury, to a point on the Merrimac River, thence
easterly by the Merrimac River to the point of beginning ;
is hereby incorporated into a town by the name of Mer-
rimac, and said town of Merrimac is hereby invested with
all the powers, privileges, rights and immunities, and is
subject to all the duties and requisitions to' which other
towns are entitled and subjected by the constitution and
laws of this Commonwealth.

Section 2. The inhabitants of said town of Merrimac
shall pay all taxes which have been legally assessed upon
them by said town of Amesbury ; and all taxes heretofore
assessed and not collected, shall be collected by and paid to
the proper officers of said town of Amesbury, in the same
manner as if this act had not been passed. And until the
next state valuation, the proi)()rtion of state and county
taxes to be assessed upon said towns of Amesbury and
Merrimac shall be ascertained and determined by the last
valuation of s^aid town of Amesbury, and the assessors of
said town of Amesbury shall make return of said valua-
tion and of the jjroportions thereof in said towns of Ames-
bury and Merrimac respectively, to the secretary of the
Connnoinvealth and to the commissioners of the county of
Essex.

1876.— Chapter 131. 103

Section 3. Said towns of Amesbuiy and jNIcrrimac Liability for
shall be respectively liable for the support of all persons paupers"
who now are or shall hereafter be in need of relief as
jsanpers, whose settlements were gained, whether by orig-
inal acquisition or derivation, within their respective limits ;
and said town of Merrimac shall also pay annually to said
town of Amesbury two-fifths of the costs paid by the last
named town for the support or relief of paupers whose
settlements were acquired therein or derived from a settle-
ment acquired therein in consequence of military services
in the war of the rebellion : provided, that the person who
renderec^ such military service was not at the time of his
enlistment an inhabitant of said Amesbury.

Section 4. Said town of Merrimac shall pay annually Support of
to the town of Amesbury, two-fifths of the amount paid anrRock's""'"'
by said town of Amesbury, for the maintenance of the ^"■"^s^s.
Essex Merrimac and Rock's bridges, until such time as a
new apportionment shall be made, or a different method
adopted for the maintenance of said bridges.

Section 5. All suits or proceedings at law or in equity, suits may be
where the cause of action in favor of or against the town defJnded'by'^
of Amesbury arose before the passage of this act, may be M™rrimacyhere
instituted and prosecuted, or defended, as the case may cause of action

1 1 •! ii/"i /»» T-»i arose before

be, by either or both ot the towns or Amesbury and Mer- passage of this
riraac in the name of the town of Amesbury or of the
inhabitants thereof in their corporate capacity, in the same
manner and with the same effect as the town of Amesbury
might have instituted and prosecuted or defended such
suits or proceedings if this act had not been passed ; and
the net amount recovered by said town of Amesbury,
after deducting all costs and expenses, or the amount
ascertained to be due from said town in any such suit or
proceeding, shall be divided between the towns of Ames-
bury and Merrimac in the proportion that the public
property and debts of the town of Amesbury are required
to be divided by this act : provided, that neither of said Provisos.
towns shall be liable for costs to the other, unless it
appears in the suit; nor shall either town, unless it
appears in the suit, be liable for costs to the defendant
therein, but only that town which appears shall be so
liable for costs; and jJ^^ovided, further, that nothing in
this section shall be construed to relieve the town of Mer-
rimac from paying to the town of Amesbury the propor-
tionate part prescribed by this act of costs and expenses

104 1876.— Chapter 131.

incurred before the passage of this act in any suit or pro-
ceeding pending at the time of said passage, in like
manner as is ])rovided in this act for other debts of the
town of Amesbury.
?oriti^pr°Jpeny SECTION 6. The Corporate property belonging to said
and public debt, towu of Auiesbury at the passage of this act, and the
pul)lic debt of said town existing at said date, shall be
divided between said towns of Amesbury and Merriraac
in the following manner, viz. : said town of Merrimac
shall receive two-iifths of said corporate property and
shall pay two-fifths of said public debts, the remaining
three-tifths of said property to be received, and the re-
maining three-fifths of said debts to be paid by said town
Reimbursement of Amcsbury ; and said town of Merriraac shall receive
bounties to two-fifths of whatcvcr amount may be hereafter refunded
soldiers. ^^ g^j^| ^^y,^^ ^f Amcsbury from the state or the United

States to reimburse said town of Amesbury for bounties
to soldiers or state aid paid to soldiers' families, after
deducting all reasonable expenses ; and said town of
Merrimac shall bear the expense of making the survey
and establishing the line between said towns,
surpins Section 7. The town of Merrimac shall pay to the

revenue. i •/'

town of Amesbury two-fifths of the " surplus revenue "
whenever payment of the same shall be called for by the
government of the United States.
^^inaVartof Sectiox 8. The towu of Mcrrimac, until otherwise
Bixth congreB. providcd by law, shall continue to be a part of the sixth
congressional district, and the voters of said town shall
vote for representatives to congress at meetings in said
town legally called for the purpose.
Ejection of state Section 9. The towu of Mcrrimac, until the expira-
tion of the present political 3^ear, for the purposes of any
appointment or election which may be had to fill a vacancy
arising in the council, senate or house of representatives,
shall continue to be a part of the fifth council district, of
the fourth Essex senatorial district, and of the first P2ssex
representative district ; and in any election to fill such
vacancy the voters of the town of ISIerrimac shall vote at
meetings in said town, legally called for that purpose ; and
in case a new election is ordered during the ])reseut
political year to fill a vacancy in the house of repre-
sentatives for the first Essex representative district, the
clerk of the town of Merrimac shall meet with the clerks
of the towns of Amesl)ury, Salisbury and West Newlxiry,
for the purpose of ascertaining the result of said electiou

officers.

1876.— Chaptek 131. 105

and of making certificates of the same at a meeting to be
held at noon on the day following said election, or at any
adjournment of said meeting, according to law, at the
town clerk's office in Amesbury.

Section 10. In all elections held within the present Amesbury and

,...1 /., 1 i» 1 /• ii -1 Merrimac to be

political year, or afterwards, for members of the council in eame districts
or senate, or for representatives to the general court, for gtlte'officers"/
terms of service beginning after the expiration of the
present political year, the town of Merrimac shall be a
part of the same council, senatorial or representative dis-
trict as that in which the town of Amesbury may be
lawfully placed ; and the voters of the town of Merrimac
shall vote in such elections at meetings in said town legally
called for the purpose ; and the clerk of the town of
Merrimac shall meet with the clerk of the town of Ames-
bury, and the clerks of any other town or towns which
may be included in the same district therewith, for the
purpose of ascertaining the result of said election and of
makino; certificates of the same, at a meeting to be held
at noon on the day following said election, or at any
adjournment of said meeting, according to law, at such
place as may be duly appointed.

Section 11. Any justice of the peace within and for First meeting

• 1 . i»-ri '' " . I >.Tiij for election of

the county of Essex, may issue his warrant, directed to town officers.
any inhabitant of the town of Merrimac, requiring him to
notify and warn the inhabitants thereof qualified to vote in
tdwn affairs, to meet at the time and place therein ap-
pointed, 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 Essex, and by posting up copies thereof,
all attested by the person to whom the same is directed,
in three public places in said town of Merrimac seven
days at least before such time of meeting. Such justice,
or in his absence such individual required to notify the
meeting, shall preside until the choice of moderator in
said meeting. The selectmen of the town of Amesbury
shall, before said meeting, prepare a list of voters in said
town of Merrimac qualified to vote at said meeting, and
shall deliver the same to the person presiding at such
meeting before the choice of a moderator thereof.

Section 12. This act shall take effect upon its passage.

Approved April 11, 1876.
14

106

1876.— Chapters 132, 133.

Salem Street
Kailway bonds
may be ex-
changed.

Bonds received
in exchange to
be cancelled.

Chap. 132 An Act autiiokizixg an exchange of the bonds of the salem

« STREET RAILWAY.

Be it enacted, t&c, as follows :

Section 1. The franchise and property of the Salem
Street llailway, conveyed in mortgage to trustees, to hold
the same as security for the bonds of said company, issued
in its present name, or in the name of the Salem and South
Danvers Railroad Company, shall he held and applied in
like manner as security for such of the bonds of the Naum-
keag Street Railway Company as may be exchanged for
any of said bonds of the Salem Street Railway, issued
under either of said names ; and said security shall be in
addition to the security already held in trust for the bonds
of the JS'aumkeag Street Railway Company.

Section 2. The bonds received in exchange, as afore-
said, shall be cancelled and delivered up to said trustees,
"who shall certify thereon that they are cancelled as afore-
said ; and a certificate setting forth the fact and date of
said exchange, and signed by one of said trustees, shall be
made upon each one of the bonds of the Naumkeag Street
Railway Company given in exchange therefor.

Section 3. Nothing in this act shall be construed to
diminish the security or affect the rights of the bolder of
any bond of the Salem Street Railway, who may not choose
to make an exchange under this act.

Section 4. This act shall take effect when accepted by
a majority of the stockholders of the Salem Street Rail-
way, present at a meeting called for that purpose.

Approved April 11, 1876.

Chap, 133 An Act to authorize towns and cities to establish sinking

FUNDS FOR THE PAYMENT OF INDEBTEDNESS INCURRED BY SUB-
SCRIPTIONS FOR THE CAPITAL STOCK AND SECURITIES OF KAIL-
ROAD CORPORATIONS.

Be it enacted, &c., as follows :

Section 1. Any town or city owing debts incurred to

obtain funds for one or more subscriptions for the capital

JiebtB incurred stock aud sccuritics of any railroad corporation, may, for

for railroad ,, ,, . ,, ' x i i- i • i • V i

stock. the purpose or paying tlie same, cstal)lish a sinking tuna,

which shall be subject to the provisions of section live of
chapter two hundred and nine of the acts of the year eight-
een hundred and seventy-Hve, and may contribute thereto
any sums which it may receive from the sales of such
stock or securities, or from any dividends or interest upon
the same, or from taxes which it may vote to raise for the

Bondholders'
ritflils not to be
afl'ected.

Subject to
acceptance by
stockholders.

Sinking fund
may be estab-
li»hed to meet
payment of

1876.— Chapter 134. 107

payment of such indebtedness ; and such town or city may
transfer the custody and management of such stock and
securities to the commissioners of the sinking fund pro-
vided for by this act.

Section 2. Any town or city havin"; a sinlcins: fund commissioners

of siiikiiisr fuiids

for the payment of its general indebtedness, under the
provisions of said chapter tw^o hundred and nine, may, by
a vote of the inhabitants of said town, or (^f the city coun-
cil of said city, provide that the commissioners of sinking
funds elected under said act shall be the commissioners of
the sinking fund under this act.

Section 3. Any town or city owing debts described Towns to raise
in section one of this act, shall annually raise by taxation ficiem'topay
a sum sufficient to pay the interest on the same, or, if ^°*'^'^'^*' °' '^'^ '*
there is any income derived from the capital stock or secu-
rities owned by such town or city as aforesaid, a sum
sufficient to pay the excess of such interest payable by said
town or city over such income ; and the assessors thereof
shall assess such sum in the manner provided by section
one of said chapter two hundred and nine, and shall also
assess, in the manner aforesaid, such further sum as the
inhabitants of said town, or city council of said city may
vote to raise by taxation for the purpose of paying the
principal of the indel)tedness incurred by such subscrip-
tions ; and the remedies provided by sections one and
eleven of said chapter shall be applicable to proceedings
under this act. Ai)proved April 11, 1876.

An Act to provide additional terminal facilities in spring- (JJiq^j I34

FIELD FOR THE SPRINGFIELD, ATIIOL AND NORTII-EASTEKN RAIL- ^ '

ROAD AND THE SPRINGFIELD AND NEW LONDON RAILROAD.

Be il enacted, &c., as follows :

The Springfield and New London Railroad Company and Terminal
the Springtield, Athol and North-Eastern Railroad Com- ranVoaTsin'^
pany, or any lessee lawfully operating the railroad of ^p""^'^®^'^"
either of said corporations, may enter upon and use the
road of the Boston and Albany Railroad Company with
passenger trains between the junction of the roads of the
two first named corporations and the passenger station of
the Boston and Albany Railroad Company in Springfield,
and may have suitable accommodations at said station for
said trains and for passengers : i^rovided, that the board proviso.
of railroad commissioners after hearing the parties in inter-
est shall adjudge such entering upon and use of the road

108

187G.— Chapters 135, 136.

Old Colony Rail-

Y'lAi] may pur-
chase the ifall
KivLT, Warren
and Providence
Railroad.

Proviso.

and passenger station of said Boston and Albany Railroad
to be necessary and desirable, and shall fix a reasonable
compensation to be paid therefor. Approved April 11, 1S7G.

Chap. 135 An Act to authokize the old colony railroad company to

PURCHASE THE RAILROAD OF THE FALL RIVER, "WARREN AND
PROVIDENCE RAILROAD COMPANY.

Be it enacted, &c., as follows :

Section 1. The Old Colony Eailroad Company is
authorized to purchase the rights, franchise and property
of the Fall River, Warren and Providence Railroad Com-
pany ; and the said Fall River, Warren and Providence
Railroad Company is authorized to convey and assign to
the said Old Colony Railroad Company its franchises and
property, and all the rights, easements, privileges and
powers granted to it ; and the said Old Colony Railroad
Company shall, upon such conveyance being made to it
under the provisions of this section, have and enjoy all the
rights, powers, privileges, easements, franchises and prop-
erty of said Fall River, Warren and Providence Railroad
Company, and be subject to all the duties, lial)ilities, obliga-
tions and restrictions to which said last named corporation
may be subject : j^^'ovided, however, that such purchase or
sale shall not be valid, unless agreed to by the directors of
the last named corporation and approved l)y a majority
of the votes at a meeting of the stockholders of said last
named corporation called for that purpose, and by the
board of railroad commissioners.

Section 2. In case of a sale of the railroad, franchise
and property of the said Fall River, Warren and Provi-
dence Railroad Company, under the provisions of the mort-
gage authorized by chapter one hundred and ninety-eight
of the acts of the year eighteen hundred and seventy-three,
the Old Colony Railroad Company is authorized to become
the purchaser at such sale, and in case it shall so ])urchase,
may thei-eafter maintain and operate the said railroad.

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

Approved April 11, 1876.*

Ohaj). 136 An Act to emi'owkh the city ok hoston to lay and maintain
A main seweu discmakcino at moon i.-land in boston IIAUUOR,

AND FOR OTHER PIRPOSES.

Be it enacted, &c., as folloirs :
Smahuara SECTION 1. Thc clty of Bostou sliall have authority, in
ci^arBrnTat '''"" additioii to the powers now possessed by it, for the i)ur-
Muon Island, posc of laying and niaintaiiiiiig a main sewer running

May purchase
railroad if nold
under provi-
Hiotis of niort-

1876.— Chapter 136. 109

south-easterly from the direction of Charles River, to
build and maintain wharves, pumping works and reser-
voirs for said sewer, on the main land, at or near the
mouth of Neponset River, thence to conduct said sewer,
by means of a siphon or tunnel under the bottom of the
harbor, at or near the mouth of said river, to that part of
the town of Quincy called Squantum, thence along or
across said Squantum and the flats adjacent thereto, to
Moon Island. Said cit}' shall also have authority to build
and maintain a reservoir or reservoirs at Moon Island, and
other works essential to a proper and convenient discharge
of the contents of said sewer. In any construction over
tide water said city shall be subject to the direction of the
harbor commissioners in the manner pointed out in chap-
ter four hundred and thirty-two of the acts of the year
one thousand eight hundred and sixty-nine.

Section 2. The city of Boston shall have authority to May tate lands,
take such lands, buildings, wharves and structures as may ^ '*'^*'*'^<^-
be necessary to accomplish the objects of the preceding
section ; and all damages to private property, or for lands,
buildings, wharves or structures taken under this act, shall
be ascertained as prescribed in chapter forty-three of the
General Statutes, and paid by the city of Boston.

Section 3. The city of Boston and the town of Brook- sewermaybe
line may contract with each other for the use and support "^608^^"^°°
in common of the city sewer now constructed in Beacon f^e°ement.^^
Street in Boston and leading into Charles River, and for
the building by said town at its sole expense within the
limits of said city, of a sewer about nine hundred feet in
length from the town line to connect the town drains with
such city sewer, and for the support, at the joint and
equal expense of each, of the outlet of the sewer and the
carrying the same out farther into Charles River if neces-
sary ; they may also contract with each other for the build- covered channel
ing and support in common of a new covered channel for uiv^"*^ ^
Muddy River, such new channel to run from Tremont
Street along the line of division between said city and
town and to empty into the present channel of iSIuddy
River east of Aspinwall Avenue ; if it shall be necessary
to take land for the purpose of carrying out the provisions
of this section, said city and said town, each Avithin its
own territory, may take such land as may be necessary,
and persons aggrieved by such taking shall have their
damages ascertained and paid, and all the proceedings

110 1876.— Chapters 137, 138.

shall be conducted in conformity to the laws applicable to
the laying out of town ways in said town, and highways
in said city. Aiyproved April 11, 1876.

Chap. 137 An Act to prevent the recurrence and spread of Spanish

FEVER, OR TEXAS CATTLE DISEASE, IN THIS STATE.

Be it enacted, <fcc., as follows :

to^be brought""' Section 1. Any person, company or corporation which
into State be- shall diMvc or transport into this Commonwealth any Texas

tween May 15tn r^, ^ ■ , i "p i i i' •\'t

and November or CheroKce cattic bctwcen the fatteenth day oi Mav and

1st

the first day of November of any year, shall be punished
for such offence by a tine of not less than twenty, nor
more than one hundred dollars, for each animal so trans-
Proviso. ported or driven : j^^'ovided, that if the person, company

or corporation so driving or transporting such cattle, shall
prove that the same have been kept in some phice north
of the Ohio or Missouri rivers from the first day of Decem-
ber to the first day of May next preceding such driving or
transportation, then such person, company or corporation
shall not be liable to the above penalty.
Tex^al ttZ^ Section 2. For the purposes of this act, the term Texas
by deaier'^s""'^" ^^^ Cherokec cattlc shall be construed to mean the native
born and bred cattle of the states of Texas and Louisiana
or that class or variety of cattle known and designated by
that name, by traders and dealers in cattle.
?oT^orclTp- Section 3. It shall be the duty of the board of cattle
visions of this commissioners to carry out and enforce the provisions of
this act, and they are hereby authorized to make all neces-
sary regulations therefor. Approved April 11, 1876.

Chap. 138 An Act to incorporate tue dediiam water company.

Be it enacted, (fee, as follows :

Corporators. Section 1. Edward S. Rand, Jr., Waldo Colburn,

Winslow Warren, Erastus Worthington, Royal O. Storrs,
William Bullard, Ira Cleveland, Edward Stimson, Thomas
Sherwin, Thomas L. Wakefield, J. P. M.iynard, L. H.
Kingsbury, F. D. Ely, John R. Bullnrd and Charles
C. Loring, their associates and successors, are made a cor-

Namcandpur- poi'atiou, by tlic iiamc of thc Dedham Water Company,

^"*''" for the purpose of fm-nishing thc inhabitants of Dedham

"with pure water; with the powers and privileges, and sub-
ject to the duties, restrictions and lial)ilities set forth in
the general laws which now are or may hereafter be in
force, relating to such corporations.

1876.— Chapter 138. Ill

Section 2. Said corporation, for the purposes afore- May taicc water

1,111 , I'l /» from CharleB

said, may take, hold and convey throngh said town oi Kiver and Buck-
Dedham, or any part thereof, the waters of Charles River, '^'^^'^
Buckmaster Pond, or any other natural pond or ponds,
spring or springs, brook or brooks, within said town of
Dedham; and may take and hold, by purchase or other-
wise, any real or personal estate necessary for laying and
maintaining aqueducts for conducting, discharging and
distributing water, and for forming reservoirs, and may
take and hold land in or around such river, ponds, springs
or brooks, and around any storage or distributing reser-
voir as may be necessary (not exceeding live rods in
width) to protect the same and secure the purity of the
water; and may also take and hold, in like manner, such
land as may be necessary for erectinjr any buildin^ for May take land

1 • / • t. e •<- +1 I 4.1 + for buildings

machinery to raise water or lorce it through the town or and reservoirs.
any part thereof; for constructing any reservoir; for
erecting any dam or embankment, and for laying down
and maintaining conduits and pipes, and constructing
drains, aqueducts, hydrants and other works for collecting,
conductino: and distributini2f water amonof the inhabitants.

Said corporation shall, within ninety days after taking To me in the
such land, tile in the registry of deeds, in the count}'- of ^Adeactipuon^ot
Norfolk, a description of the land so taken, sufficiently ^^'^^"'^^^^^"°-
accurate for identiticati(Hi, together with a statement of
the purpose for which said lands are taken, signed by the
president of said corporation.

Section 3. In case said corporation shall take the water taken
waters of Charles River under this act, they shall be lim- Rfv^r^^'oTtr
ited to an amount of water not exceeding one million and ha?fniimon''of *
a half gallons daily, and it shall be the duty of said cor- gallons daily.
poration to provide some reliable means or method of
measuring and registering the amount of water taken 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 water to be
in the waters of said river and said corporation 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 the said corporation may, by
a vote thereof, declare the quantity proposed to be taken
from Charles River, not exceeding one and a half million
of gallons daily, such vote to be passed not less than six

112

187G.— Chapter 138.

May construct
aqueducts and
maintain reser-
voirs.

Assessment of
damages.

Capital stock
and shares.

Corporations
may liold stock.

months before the waters shall be withdrawn from said
river. And a copy of such vote being filed in the regis-
try of deeds for Norfoll^ County within sixty days there-
after, the terms thereof shall be held to be the measure
and limit of the right of said corporation to take or divert
the waters of said river, under this act.

Section 4. Said corporation may construct one or
more permanent aqueducts from any of the sources before
mentioned, into and through said town, and have and
maintain the same by any works suitable therefor ; may
erect and maintain dams to raise and retain the waters
therein ; may make and maintain reservoirs within said
town ; may make and establish public fountains and
hydrants in such places as it may from time to time deem
proper, and prescribe the purpose for which they may bo
used, and may change and discontinue the same ; may dis-
tribute the water throughout the town ; may regulate the
use, and establish the price or rent therefor ; may, for the
purposes aforesaid, convey and conduct its conduits,
pipes and drains over or under any water-course, street,
turnpike road, railroad, highway or other way, in such
manner as to cause the least possible hinderance to the
travel thereon, and may, for such purposes, enter upon
and dig up any such road, street or other way, under the
direction of the selectmen of the town of Dodham.

Section 5. Any person or corporation injured in prop-
erty under this act and failing to agree with said corpora-
tion as to the amount of damages, may have the same
assessed and determined in the same manner as is pro-
vided in sections three, four and five of chapter three hun-
dred and thirty-seven of the acts of the year eighteen
hundred and seventy-two ; but no assessment 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.

Section 6. The capital stock of said corporation shall
not exceed two hundred thousand dollars, which shall bo
divided into shares of one hundred dollars each, and said
corporation may, at any time, issue bonds to an amount
equal to the capital stock actually paid in.

Section 7. Manufacturing and other corporations doing
business in said town of Dedliam ari> autlioiized to sub-
scril>e for and hold stock of the Dedham Water Com-
pany.

1876.— Chapter 138. 113

Section 8. If any person shall use any of said water Penalty for
taken under this act, without the consent of said corpora- o7reVd«i^g the
tion, or shall wantonly or maliciously divert the water or «'»'»e '^p^fe.
any part thereof so taken, or corrupt the same or render
it impure, or destroy or injure any dam, aqueduct, pipe,
conduit, hydrant, machinery or other works or property
held, owned or used by said corporation under the author-
ity of and for the purposes of this act, he shall forfeit and
pay to said corporation three times the amount of damage
assessed therefor, to be recovered in an action of tort ;
and, on conviction of either of the wanton or malicious
acts aforesaid, may be punished by a fine not exceeding
three hundred dollars, or by imprisonment in jail not
exceeding one year.

Section 9. The town of Dedham may take and hold Town may hold
twenty-fiv^ per centum of the capital stock of this cor- cent, ofcapuai
poration, and have its proportionate voice in the manage- ^^°'^^'
ment of the affairs of said corporation, provided it shall
vote so to do by a two-thirds vote of the voters present
and voting thereon at any legal meeting called for that
purpose.

Section 10. The town of Dedham shall have the right May purchase

corporate prop-

to^

at any time, during the continuance of the charter hereby erty at cost, or
granted, to purchase the corporate property and all the upon!'''"'^'^*'
rights and privileges of said company at the actual cost of »
the same, or at such a price as may be mutually agreed
upon between said corporation and the said town of Ded-
ham ; and the said corporation is authorized to make sale
of the same, and this authority to purchase said franchise
and property is granted on condition that the same is
assented to by said town by a two-thirds vote of the
voters present and voting thereon, at any annual meeting,
or at a legal meeting called for that purpose.

Section 11. For the purpose of defraying the cost of J"^^^^^?' '3«
such property, lands, water and water rights, as shall be exceeding $200,.
purchased for the purposes aforesaid, the town of Dedham,
through its treasurer, may, from time to time, issue notes,
scrip, or certificates of debt, to be denominated on the
face thereof, "Dedham Water Scrip," to an amount not
exceeding two hundred thousand dollars, bearing interest
not exceeding seven per centum per annum, payable semi-
annually ; and the principal being payable at periods not
more than thirty years from the issuing of said notes,
scrip or certificates of debt, respectively. Said treasurer,

114

1876.— Chapters 139, 140.

under the authority of the town, may sell such notes,
scrip or certificates, or any part thereof, from time to
time, or pledge the same for money borrowed for the pur-
poses aforesaid, on such terms and conditions as he may
deem proper, or as may be prescribed by the town. Said
town may further make appropriations, and assess, from
time to time, amounts not exceeding in one year the sum
of five thousand dollars, towards payment of the principal
of the money borrowed as above, and also a sum sufficient
to pay the interest thereon, in the same manner as money
is assessed and appropriated for other town purposes.
dutTeTiifcase Section 12. lu casc the town of Dedliam shall pur-

property is pur- chase the property, rights, privileges and franchises of
the corporation established by this act, the said town
shall exercise all the rights, powers and authority, and be
subject to all the restrictions, duties and liabilities herein
contained, in such manner, and by such officers, servants
or agents, as the town may direct. And the town shall
be liable to pay all damages for land, water or water-
rights, taken for the purposes set forth in this act, which
shall not have been previously paid by said corporation.
Section 13. This act shall take effect upon its passage.

Approved April 11, 1876.
Chap. 139 An Act in relation to reservoirs and lands connected with

THE WATER SUPPLY OF CITIES AND TOM'NS.

Be it enacted, &c., asfolloivs:

Section 1. Any city or town may regulate by suitable
ordinances or by-laws, to be made in the manner now pro-
vided by law, with penalties not exceeding fifty dollars
for each violation thereof, the use of reservoirs and land
and drive-ways appurtenant thereto, forming a part of its
system of water supply within its limits.

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

Approved April 12, 1876.
Chap. 140 An Act to authorize the town of Greenfield to raise money

TO KELMUURSE THE COMMONWEALTH FOR LAND TAKEN FOR A
RAILROAD IN GREENFIELD.

Be it enacted, &c., asfolloivs:

Section 1. The town of Greenfield is authorized to
raise by taxation and to appropriate money, for the pur-
pose of roinibursing the expenses to the Commonwealth
for land taken, or that may be taken, for a roadway by
the location of the Troy and Greenfield Railroad within

Use of drive-
ways, etc., ap-
purtenant to
reservoirs, may
be regulated.

May raise
money to reim-
burse state for
land talcen for
railroad.

1876.— Chapter 141. 115

the limits of said town, excepting, however, the land
belonging to the Connecticut River Railroad.

Section 2. Said town is hereby authorized to raise by May raise
loans or taxes, any sums of money which shall be required or taxes.
for the purpose expressed in section one.

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

Apx>roved April 12, 1876.
An Act relating to the clerks of the police courts of (JJiar). 141

CHELSEA AND SPRINGFIELD. ^'

Be it enacted, &c., as follotvs :

Section 1. Instead of the election of a clerk of the cierk of police
police court of Chelsea at the next municipal election in to be' appointed*
Chelsea as now required by law, a clerk of said court shall ^y governor.
be appointed and commissioned by the governor for the
term of five years from the first day of January next, and
thereafter for successive terms of the same length, if the
office of such clerk shall then exist.

Section 2. Instead of the election of a clerk of the cierk of police
police court of Springfield at the next municipal election fieki\o"be^ap"^'
in Springfield as now required by law, a clerk of said ^mon'^^^^^^'
court shall be appointed and commissioned by the gov-
ernor for the term of five years from the first day of Jan-
uary next, and thereafter for successive terms of the same
length, if the oflSce of such clerk shall then exist.

Section 3. The clerks of said courts now in oflace shall c^rkBtohoid
hold their offices until successors are appointed and quali- cessors are ap."
fied. Vacancies shall be filled by appointment in the man- p°'°*'^'^-
ner above provided.

Section 4. All acts and parts of acts inconsistent Provisions of
herewith shall not apply to the clerks of said courts, but ''^^^^"^''
all other provisions of law in force relating to clerks of
police courts shall be applicable to the clerks of said police
courts of Chelsea and Springfield.

Section 5. So much of chapter one hundred and sixty- Repeal.
nine of the acts of the year eighteen hundred and sixty-six
and of chapter one hundred and sixty-three of the acts of
the year eighteen hundred and seventy-two and of chapter
two hundred and one of the acts of the year eighteen hun-
dred and seventy-four as requires an election of clerks of
police courts in said Chelsea and Springfield, is hereby
repealed. Approved April 12, 1876.

116

1876.— Chapter 142.

Chap. 142

Corporators.

Name and pur-
pose.

Capital stock
and shares.

All transactions
to be upon a
gold basis.

Investments
and loans.

Bank may estab-
lish branch
ofSces.

Policies of life
insurance.

Ax Act to incorporate the Massachusetts family bank.
Be it enacted, &c., as follows :

Section 1. Elizur Wright, William Claflin, F. W.
Bird, Samuel E. Sewall, John Botume, Jr., Thomas J.
Lee, their associates and successors, are hereby made a
corporation by the name of the Massachusetts Family
Bank, to be located in the city of Boston, for the purposes
of insuring lives under policies stipulating cash surrender
values, and of receiving and investing savings, subject to
all the duties, restrictions and liabilities set forth in all
general laws which now are or may hereafter be in force in
relation to life insurance companies, so far as relates to its
life insurance business, including the election of officers ;
and to savings banks, so far as relates to its business as a
savings bank, except as hereinafter specially provided.

Section 2. There shall be a capital stock of five hun-
dred thousand dollars, in shares of fifty dollars each,
which shall be restricted to a semi-annual dividend, never
to exceed four per cent. No life-insurance policy shall be
issued, nor any deposit received, till the whole of said
capital stock has been subscribed, paid in and invested,
and such fact is certified by the insurance commissioner.

Section 3. All transactions of the bank shall be, and
in all contracts, policies, other instruments and accounts
shall be expressed to be, in the gold coins of the United
States, and no paper or promissory currency shall be
received or paid, except at its market value in such coins
at the date of such receipt or payment.

Section 4. All investments shall be regulated by the
general statute in regard to savings banks, with this addi-
tional provision : that in so far as loans can be made on
the security of real estate, applicants for loans whose lives
are insured by the bank, if oficring equally satisfactory
security, shall have preference over all others.

Section 5. The bank may establish branch offices to
facilitate the collection and transmission of insurance pre-
miums, the expense of which branch offices shall in no
case exceed two and one-half per cent, of the premium
received and transmitted by them, but it shall pay no com-
missions on premiums or deposits, nor any fee for the med-
ical examination of applicants for insurance.

Section 6. The bank shall issue no policy of insur-
ance extending beyond the age of seventy-five, and none
which does not have the surrender value in cash at the end

1876.— Chaptek 142. 117

of each and every policy year distinctly stipulated therein
and the minimum surrender value to be stipulated in every
policy by the bank, payable at the end of any policy year
in its term, shall be the legal reserve or net value of the
policy at the date of surrender, as ascertained by the com-
bined experience table of mortality, and four per cent,
interest, less a surrender charge of six per cent, of the
present value of the future insurance to be done under the
policy, if continued, and in consideration of such stipula-
tion, and the payment, in all cases of lapse, surrender or
cancellation, of such* surrender value in cash, the bank
shall be wholly exempt from the obligations imposed by
chapter one hundred and eighty-six of the acts of the year
eighteen hundred and sixty-one.

Section 7. Payments of premiums on insurance poll- Payments of
cies shall only be made yearly, for one year and no more, ^'*^
and the three elements of the premium for each year, viz. :
first, the margin for expenses and excess of loss ; second,
the normal cost of the bank's risk for the year ; and third,
the self-insurance deposit, shall be kept distinct from each
other on the books of the bank, being pre-calculated and
determined by the "combined experience" or "actuaries'"
table of mortality with interest at four per cent. ; and in
consideration of this method of keeping its accounts, the
bank shall be required to return annually to the insurance
commissioner, as its liability on its policies, one-half of
the insurance premiums of the year, being margins and
normal cost of risks, together with the whole of the self-
insurance fund and deposits of the year, discounted half a
year at four per centum, and such return, subject to the
inspection of the books by the insurance commissioner,
shall be in lieu of the return of the data of the policies for
valuation by the commissioner.

Section 8. All deposits made independently of life- Deposits.
insurance policies shall be entered in a special and separate
set of books and credited on the pass-books of the depos-
itors, as in ordinary savings banks, and no such deposit
shall ever be used in the life-insurance part of the busi-
ness, except to pay a premium falling due on a policy
held by the depositor himself.

Section 9. All surrender charges paid to or retained surrender
by the bank on the cancellation of policies, none of which be established.
shall exceed six per cent, of the insurance value of the
policy at the date of surrender, shall be credited to a dis-

118

1876.— Chapter 142.

No Btockholder
to cast more
than thirty
votes.

Dividends.

Surplus earn,
ings and interest
to be distributed
among policy-
holders.

Subject to pro-
visions of 1 865,
283, and 1868,
316.

tinct fund, called the surrender charge fund, which shall
accumulate at the current interest, and be held in addition
to the legal four per cent, reserve, and not as any part
thereof, and shall be drawn upon only at the end of a fiscal
year in which the actual death claims have exceeded the
normal, and only to the extent of such excess.

Section 10. The control of the corporation shall be
vested in the stockholders, each share of the stock being
entitled to one vote, but no person, either in person or by
proxy shall cast more than thirty votes.

Section 11. At the end of every fiscal year, after
providing for all debts and liabilities, including those on
the policies, as hereinbefore defined, and all independent
deposits, with the interest accrued on the same, there shall
be declared out of any surplus that may exist, a dividend
to the capital stock not to exceed eight per cent, thereon,
one-half payable down and the other half at the end of six
months. But au}'^ profit to the capital stock over the profit
of its own investment, shall come wholly from the insurance
done by the bank, and no part of it from the interest of
the self-insurance fund, or from that of the independent
deposits.

Section 12. After declaring the dividend to the stock,
any remaining surplus from the insurance business,
together with the surplus interest from the self-insurance
fund, shall be distributed among the policy-holders
according as their insurance premiums and self-insurance
deposits have contributed to produce it, and the shares
shall be payable at the next settlement of annual premium
in reduction thereof. On the independent deposits, de-
positors shall receive interest, to be fixed by the by-laws
of the bank, as in ordinary savings banks.

Section 13. Said corporation shall be subject, as an
insurance company, to the provisions of chapter two hun-
dred and eighty-three of the acts of the year eighteen
hundred and sixty-five, and the acts in amendment thereof,
and in addition thereto ; and shall also be subject, as a
savings bank, to the provisions of chai^ter three hundred
and fifteen of the acts of the year eighteen hundred and
sixty-eight. Approved April 17, 187G.

1876.— Chaptees 143, 144. 119

An Act to further define the duties of county trea.surers. Chap. 143
Be it enacted, &c., as follows :

Section 1. It shall be the duty of county treasur- county treas.
ers having cash funds in their hands beyond what shall "umis^inbauk^s*
be required for immediate use, to make deposit thereof in Tnto t^e^asury?^*
one or more national banks at such rates of interest as may
be practicable, and all interest received on such deposits
shall be paid into the county treasury.

Section 2. In all cases where a time is fixed for the iveive per cent.
payment of moneys due the county, the persons, cities, chaT|ed^upon
towns or corporations from whom such moneys are due, ™^oneys over-
shall pay interest to the county at the rate of twelve per
cent, per annum for the period which may elapse after
such time until the time of payment ; provided^ that notice Proviso.
shall be given by the county treasurer to such persons,
cities, towns or corporations, seven days at least previous
to the time fixed, and all sums of interest received by the
county treasurer shall be paid into the county treasury.

Section 3. This act shall take effect upon the first day 7,° *'^Ho£'^*'*
01 May in the year eighteen hundred and seventy-six.

Approved Ajiril 17, 1876.

An Act to amend an act to incorporate the butchers' Chap. 144

slaughtering and melting association in BRIGHTON.

Be it enacted, &c., as follows :

Section 1. Section six of chapter three hundred and Amendment to
sixty-five of the acts of the year eighteen hundred and ' '
seventy is hereby repealed ; and sections two and four of
said act are hereby amended by striking out the words
" state board of health " where they occur in said sections
and substituting in place thereof, board of health of the
city of Boston.

Section 2. From and after the first day of June in the slaughtering to
year eighteen hundred and seventy-six the business of p5e.ni"es°of^ ^*
slaughtering shall not be conducted within the limits of ^^^^oc'^"""-
the city of Boston except upon the premises of the Butch-
ers' Slaughtering and Melting Association in said city.

Section 3. The said association shall, within a reason- Association to
able time, slaughter all cattle, sheep and calves which may clmill'ltc.?"
be brought to their premises for that purpose by persons brought to them.
not occupying tenements therein, whenever the accommo-
dations under their control on said premises will permit.
They shall also prepare the meat and other products of
such animals for the market. They may charge, in addi-
tion to the ofial from said animal, such price per head as

120 1876.— Chapters 145, 146.

may be mutually agreed upon ; and, in case of disagree-
ment as to price, the same shall be fixed by the board of
health of the city of Boston.
Boston Board of SECTION 4. Said board of health of the city of Boston

Health to ap- .11 ^ • 1 • •

poiut inspectors. IS hereby authorized to appoint one or more mspectors, to
see that the rules and regulations for the conduct of the
business of the association for the time being are fully
obeyed by said association and their tenants, and also to
see that none but healthy animals are slaughtered ; the
salary or salaries of said inspector or inspectors to be
established by the city council of said city of Boston. The
said inspector or inspectors shall at all times have access
to the premises of said association and any building thereon
and also to the premises, yards or cars of any railroad
company within the city of Boston for the purposes of exam-
ination, inspection and seizure of any meat or animals unfit
for human food.

To prevent Section 5. Said board of health of the city of Boston

slaughter of . 1 , 1 • i 1 •

animals unfit IS hereby authorized to make whatever regulations may
seem to them fit in order to prevent the slaughter and sale
of animals unfit for human food. Ajrproved April 17, 1876.

Chap. 145 An Act to kenew the appropriation in relation to the

FLATS, meadows AND BEACHES ON EAST HARBOR CKEEK IN
PROVINCETOWN and TRURO.

Be it enacted, &c., as follows:
Appropriation SECTION 1. Thcrc sliall be allowed and paid out of the

rciicwGcl.

treasury of the Commonwealth a sum not exceeding the
unexpended balance of the appropriation made by chapter
thirty-four of the resolves of the year eighteen hundred
and seventy-four, entitled "Resolve in relation to the
flats, meadows and beaches on East Harbor Creek in
Provincetown and Truro," to be expended for the pur-
poses authorized by said resolve.

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

Ap2)roved April 17, 1876.

Chap. 146 An Act to confirm the acts and doings of william b. Hard-
ing AS assistant clerk of the central district court of

WORCESTER.

I Be it enacted, &c., as follows:

Acts and doings Section 1. All acts and duties done and performed by
William B. Harding during the time that he acted as clerk
of the central district court of Worcester, under the name
of assistant clerk, by appointment of Theodore S. John-
son, clerk of said court, are hereby confirmed and made

confirmed.

1876.— Chapter 147. 121

valid and binding upon all parties, as if said acts and duties
had been done and performed by said Theodore S. John-
sou, the clerk of said court.

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

A2)2iroved Ajiril 17, 1876.

An Act to establish a common time for granting certain (JJiap. 147

LICENSES, AND TO SECURE A MORE PERFECT RECORD OF SUCH
LICENSES AND THEIR REVOCATION.

Be it enacted, &c., as follows :

Section 1. Licenses granted to keepers of intelligence Licenses to be
offices, dealers in junk, old metals and second-hand arti- town cie^k and*^
cles, pawnbrokers and keepers of billiard-saloons and *" ^e recorded.
bowling-alleys, under chapter eighty-eight of the General
Statutes, shall be signed by the clerk of the city or town
in which they are granted, and every such license shall be
recorded by such clerk in a book kept for that purpose
before being delivered to the licensee; such license shall to set forth
set forth the name of the person licensed, the nature of natureV bud- '
the business, and the building or place in such city or °^'*^' ®'°*
town in which it is to be carried on, and shall continue in
force until the first day of May next ensuing, unless sooner
revoked, as provided in said chapter. The clerk issuing Fee for license.
any such license shall be entitled to receive for the use of
the city or town for each license the sum of two dollars.

Section 2. Such licenses may be granted at any time Licenses to ex-
during the month of April, to take effect on the first day of May.^"* "^^^
of May then next ensuing, and after the first day of May
they may be granted for the remainder of the year ending
on the first day of the following May.

Section 3. No license issued as aforesaid shall be valid Business to be

IT • 1 "1 T conducted at

to protect the licensee in any building or place other than place designated
that designated in the license, unless consent to removal
be granted by the mayor and aldermen or selectmen.

Section 4. "Whenever any such license shall be revoked Revocation of
the clerk of such city or town shall note such revocation
upon the face of the record of the license, and shall give
written notice of such revocation to the holder of the
license, said notice to be delivered to him in person or left
at the place of business designated in the license.

Section 5. So much of chapter eighty-eight of the Repeal.
General Statutes as is inconsistent herewith is hereby
repealed.

Section 6. This act shall take effect upon its passage.

Approved April 17, 1876.
16

122

1876.— Chapters 148, 149, 150.

Chap. 148 An Act to amend section fifty-eight of chapter one htjn-

DUED AND seventy-eight OF THE GENERAL STATUTES RELATIVE
TO SUPPORTING PRISONERS.

Support of

prisoners.

G. a. 178, § 58.

Chap.

Be it ejiacted, «fec., as follows :

Section fifty-eight of chapter one hundred and seventy-
eight of the General Statutes, is hereby amended by strik-
ing out after the word " sixty-five " in the seventh line,
the words "and has no parent, master or kindred, liable
by law to maintain him," and by adding at the end of the
section the words, and any city or town paying such sum
may recover the same of any parent, master or kindred by
law liable to maintain him. Approved April 17, 1876.

149 An Act to authorize the city of fall river to lay out and
construct a way, known as pleasant street, through a
private burial ground.

City of Fall
River may lay
out a street
through burial
ground.

Remains of the
dead to be re-
moved to an-
other cemetery.

Assessment of
damages.

Proviso.

Chap. 150

Troy and Green-
field Railroad
may enter upon
lands of Connec.
ticut River Rail-
road, in Greeu-
flold.

Be it enacted, &c., as follows :

Section 1. The city of Fall River is hereby authorized
to lay out and construct the street, or way, known as
Pleasant Street, in and through the private burial ground
located on the northerly side of said Pleasant Street, and
being a part of the Carr Estate, so called : j;?-oru7ecZ, that no
burial lot in which are buried the remains of the dead shall
be entered upon under the provisions of this act until the
remains shall have been removed to some other cemetery
without expense to the owner of such burial lot.

Section 2. Said city shall be liable to the owners of
said burial ground, to pay all damages sustained in their
property by the taking of any lands under the provisions of
the preceding section. If the owners, or any one of them,
sustaining damages as aforesaid, cannot agree with the city
upon the amount of said damages, he or they may have
said damages assessed in the same manner as provided in
case of taking land for highways : provided^ that any apj)lica-
tion for a jury to assess said damages, shall be made within
one year after said damages are sustained.

Approved April 17, 1876.

An Act to provide for the relocation of the ti{oy and
greenfield railroad in the towns of .greenfield and deer-
field, and for other purposes.
Be it enacted, &c., as follows :

Section 1. The manager of the Troy and Greenfield
Railroad and of the Hoosac Tunnel, with the aj>pn)val of
the governor and council, is hereby authorized to enter
with said railroad upon the lands of the Conueuticut River

1876.— Chapter 150. 123

Railroad at or near the passenger depot in said Greenfield,
and pass with said road through said depot grounds in a
direction southerly and westerly from said depot at the
distance of sixty-six feet from the south-west corner of
said building, and through the freight depot of the Con-
necticut River Railroad Company or westerly thereof to a
point opposite to the northern terminus of the Vermont
and Massachusetts Railroad in Greenfield, according to
location filed in the office of the county clerk of the county
of Franklin on the twenty-eighth day of March in the year
eighteen hundred and fifty-four; and the said Vermont Vermont and
and Massachusetts Railroad Company is hereby authorized Railroad com-
to relocate its road so far as may be necessary to continue cateitTrLd^.'"'
the line from the point before specified in the same general
direction till it intersects with its present centre line at or
near Russell Street, and may also relocate its road in the
town of Deerfield on the westerly side of said Connecticut
River Railroad, and the said Vermont and Massachusetts
Railroad Company is authorized to take the land therefor in
the method prescribed by law in cases of land taken for
railroad and station purposes.

Section 2. The Vermont and Massachusetts Railroad X"^^^^*gg^^g
Company is hereby authorized to change the location of its Railroad may
railroad in the towns of Deerfield and Greenfield, so far as ^ ''"^^ ocawn.
may be requisite and necessary to move its grade-crossing
of the Connecticut River Railroad to any point which may
be agreed upon with the Connecticut River Railroad Com-
pany between the site of the present crossing and the pro-
posed intersection of the Troy and Greenfield Railroad with
the Vermont and Massachusetts Railroad.

Section 3. The Connecticut River Railroad Company Connecticut
and the Vermont and Massachusetts Railroad Company are ve7raom and
hereby severally authorized to exchange with each other RaUroad"maT
the whole or any parts of the lands covered by their re- exchange lands.
spective locations between the present grade-crossing of
the Connecticut River Railroad by the Vermont and Massa-
chusetts Railroad, in the town of Deerfield, and the ter-
minus of the Vermont and Massachusetts Railroad in the
town of Greenfield. In case any such exchange of loca-
tions takes place by agreement between the two com-
panies, the Connecticut River Railroad Company shall
have and enjoy all the rights and privileges and be subject
to all the duties which originally devolved upon the Ver-
mont and Massachusetts Railroad Company by reason of

124 1876.— Chapter 150.

such part of its location, and the Vermont and Massachu-
setts Railroad Company shall have and enjoy all the rights
and privileges and be subject to all the duties which orig-
inally devolved upon the Connecticut River Railroad Com-
pany by reason of such part of its location. And each of
the said corporations shall tile its amended location with
the clerk of Franklin County within one year after such
exchanges take place.
Tw"S Green- SECTION 4. The manager of the Troy and jjreenfield
field Railroad Railroad and Hoosac Tunnel, with the approval of the

may change lo- ' ^,'-

cation, etc., of govcmor aud council, may change the location oi or relo-
cate said Troy and Greenfield Railroad in the town of
Deerfield and locate the same in the town of Green-
field, as far as shall be deemed advisable tf> adapt it for
the transmission of passengers and freight, and for this
purpose said manager, with the approval of the governor
and council, may lay out said road, and for the purpose of
cuttings, embankments, and procuring stone and gravel,
may purchase or otherwise take as much more land as may
be necessary for the proper construction and security of
the road, or may be at any time necessary for depot and
station purposes, to the same extent as railroad corpora-
tions established by the laws of this Commonwealth are
authorized to do, and he shall within one year file with the
commissioners of the county of Franklin the location of
the road as thus laid out, defining the courses, distances
and boundaries of said road.
fioners t'o dtM^c?i SECTION 5. If Said manager for the purpose of making
mine, if agree- or sccuriuo^ said road, or for station or depot puri^oses,

lU^^Ilt CtLIlIlOt DC ^^

made. rcquircs land or materials, without the limits of the route

fixed as aforesaid, aud is unable to obtain the same b}'^
agreement with the owner, he may apply to the county
commissioners for said county, who after notice to the
owner, may prescribe the limits within which the same
may be taken in the manner prescribed for railroad cor-
porations, without his permission, and said manager shall
file a location thereof within one year with the commis-
sioners of said county defining the courses, distances and
boundaries of the same.

Manager, etc., SECTION 6. Said mauaffcr under the direction of the

to have powers . i-ii-

conferred by govcmor aud couucll aud with their approval, shall have

general railroad «=> , • .i i xi -i. r i -i

act. and exercise the power and authority contorred upon rail-

road corporations by the "general railroad act" api)r()vod
in the year one thousand eight hundred and seventy-four,

1876.— Chapter 151. 125

for the purposes expressed in this act and the act to which
this is in addition, and shall pay all damages occasioned
by laying out, making, locating and relocating said rail-
road, or by taking any lands or materials therefor; and
such damages shall upon the application of either party,
be estimated by the county commissioners in the manner
provided in laying out highways, when said manager is
not able to obtain by agreement with the owner, the land
or materials necessary for the purposes of the road, which
damages said manager, with the advice and approval of
the governor and council, is authorized in behalf of the
Commonwealth to settle and pay, or refer to arbitration.
Either party, if dissatisfied with the estimate of the com- Party dissatis-
missioners, may at any time within one year after it is fo/j'jnfyTJ''^
completed and returned, apply for a jury to assess the '***^*® damages.
damages. The proceedings thereupon shall be the same
as is provided for the recovery of damages in the laying out
of highways, the prevailing party to recover legal costs as
provided by section sixty-eight of the general railroad act.

Section 7. The changes of location and the reloca- changes of loca-
tions of the Troy and Greenfield Railroad under chapter coTfirmed!'^ ^"^
four hundred and three of the acts of the year eighteen
hundred and seventy-four and chapter seventy-seven of
the acts of the year eighteen hundred and seventy-five are
hereby ratified and confirmed, reserving to all parties all
existino; claims for damao^es.

Section 8. This act shall take effect upon its passage. ^

A2)proved A^nil 17, 1876.

An Act to establish the salary of the chief of the bureau (Jhap. 151

OF STATISTICS OF LABOR AND OF A CLEKK OF SAID BUREAU. ^'

Be it enacted, &c., as follows :

Section 1. The salary of the chief of the bureau of salaries-
statistics of labor shall be two thousand five hundred
dollars per annum.

Section 2. The chief of the bureau of statistics on First cierk.
the subject of labor is hereby authorized to appoint a first
clerk, in place of a deputy, as provided by chapter one
hundred and two of the resolves of the year one thousand
eight hundred and sixty-nine, at a salary of fifteen hundred
dollars per annum, said salary to be paid from the appro-
priation made for the payment of the salary of the deputy-
chief of said bureau.

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

Approved April 21, 1876.

126

1876.— Chapter 152, 153.

Salaries —
Engineer.

Watchmen.

Assistant watch,
man.

CJia]). 152 An Act regulating the salauy of the engineer, watchmen

AND FIREMEN AT THE STATE HOUSE.

Be it enacted, &c., as follows:

Section 1. The salary of the engineer at the state
house shall be fifteen hundred dollars per annum.

Section 2. The salary of the four watchmen employed
at the state house shall be thirteen hundred dollars each
per annum ; provided, they perform the duties of messen-
ger required by the sergeaut-at-arms.

Section 3. The salary of the assistant watchman at
the state house shall not exceed one thousand dollars per
annum.

Section 4. The salary of the fireman at the state house
shall not exceed eight hundred dollars per annum.

Section 5. The salary of the assistant fireman for such
time as he may be employed, shall not exceed two dollars
and fifty cents per day.

Section 6. All acts and parts of acts inconsistent
herewith are hereby repealed.

Section 7. This act shall take efi^ect upon its passage.

Approved April 21, 1876.

Fireman.

Assistant fire-
man.

Repeal.

Chap.

Salaries —
Sergeant-nt-
arms.

Doorkeepers.

Postmaster.

Messengers.

Pages.

Repeal.

153 An Act to establish the salaries of the sergeant-at-arms,
doorkeepers, assistant doorkeepers, postmaster, messengers
and pages of the senate and house of representatives.

Be it enacted, &c., as follows :

Section 1. The salary of the sergeant-at-arms shall be
twenty-five hundred dollars per annum.

Section 2. The salary of the doorkeepers and assist-
ant doorkeepers shall be five dollars for each day's service,
and one hundred dollars in addition.

Section 3. The salary of the postmaster shall be five
dollars for each day's service, and one hundred dollars in
addition.

Section 4. The salary of the messengers of the senate
and house of representatives shall be five dollars for each
day's service.

Section 5. The salary of the pages of the senate and
house of representatives shall be three dollars for each
day's service.

Section 6. All acts and parts of acts inconsistent
herewith are hereby repealed.

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

Approved April 21, 1876.

1876.— Chapters 154, 155, 156. 127

An Act relating to certain employes in the department of Chap. 154

THE treasurer AND RECEIVER-GENERAL OF THE COMMONWEALTH.

Be it enacted, &c., as follows:

Section 1. The salary of the assistant clerk in the salaries—

/j5 /• .1 . T • iiiij. 1 ABsistant clerk.

omee or the treasurer and receiver-general shall not exceed
eighteen hundred dollars per annum.

Section 2. The salary of the two extra clerks in the Extra cierks.
oflBce of the treasurer and receiver-general shall not exceed
thirteen hundred dollars each per annum.

Section 3. All acts and parts of acts inconsistent Repeal,
herewith are hereby repealed.

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

Approved April 21, 1876.

An Act to fix the salaries of the deputy tax commissioner 0hap, 155

AND the several EMPLOYES IN THE TAX COMMISSIONER'S
DEPARTMENT.

Be it enacted, &c,, as follows :

Section 1. The deputy tax commissioner, who shall salaries—

,, .. /. .. 1x1 1 Deputy tax com-

also be commissioner ot corporations, and the several missioner.

employes in the tax commissioner's department shall

receive per year, and at the same rate for any fraction

thereof, in full compensation for all services rendered by

them the following sums, to wit: — The deputy tax com- cierks and extra

missioner, who is commissioner of corporations, in full of ''''^'■'^^•

services in both offices, three thousand dollars ; the first

clerk, one thousand eight hundred dollars ; the second

clerk, one thousand three hundred dollars ; extra clerks,

not exceeding three in number, one thousand dollars each ;

and all other clerks who may be necessarily employed, a

sum not exceeding eight hundred dollars each.

Section 2. All acts and parts of acts inconsistent Repeal.
herewith are hereby repealed.

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

Approved April 21, 1876.

An Act establishing the salary of the auditor and of the Qhap. 156

clerks in his department. ^

Be it enacted, &c., as follows :

Section 1. The salary of the auditor of the Common- salaries-
wealth shall be three thousand dollars per annum. Auditor.

Section 2. The salary of the first clerk in the auditor's First cierk.
department sh 11 be two thousand dollars per annum.

Section 3. The salary of the second clerk of the second cierk.
auditor's department shall be eighteen hundred dollars
per annum.

128

1876.— Chapter 157.

Extra clerks.

Additional cler-
ical assistaDce.

Repeal.

Chap. 157

Licenses may be
issued for estab-
lishment of
lying-in hospi-
tals.

To continue in
force for two
years.

Hospitals sub-
ject to inspec-
tion.

Penalties.

Section 4. The salary of the two extra clerks in the
auditor's department shall not exceed thirteen hundred
dollars each per annum.

Section 5. The compensation for all other clerical
assistance in the auditor's department shall not exceed,
for the 3'^ear or any fractional part thereof, the rate of
eight hundred dollars per annum.

Section 6. All acts or parts of acts inconsistent here-
with are hereby repealed.

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

Ajiproved April 21, 1876.

An Act to regulate lying-in hospitals.
Be it enacted, <fcc., as follows :

Section 1. The mayor and aldermen of any city or the
selectmen of any town may license any person to establish
or keep within their respective cities and towns a lying-iu
hospital, hospital ward or other place for the reception,
care and treatment of women in labor : provided, that the
board of health in such city or town shall first certify to
the mayor and aldermen or selectmen that the person
applying for such license is in their judgment a suitable
person and that from the inspection and examination of
such hospital, hospital ward or other place aforesaid by
said board of health, the same is suitable and properly
arranged and provided for such business.

Section 2. Such licenses shall continue in force for the
term of two years, subject, however, to revocation by the
mayor and aldermen or selectmen of the city or town.

Section 3. Every hospital, hospital ward or other
place established or kept by virtue of a license granted as
hereinbefore provided, shall be subject to vi^-itation and
inspection by the board of health, the chief of police, the
mayor of the city or selectmen of the town at any time,
and any such hospital, hospital ward or other place which
receives in a year more than six women as patients in labor,
shall also be subject to visitation and inspection by the
state board of health.

Section 4. Whoever establishes or keeps, or is con-
cerned in establishing or keeping any hospital, hospital
ward or other place for the purposes atoresaid, or whoever
is engaged in any such business, without such license, shall
for the first ofience forfeit a sum not exceeding five hun-
dred dollars, one-half of which forfeiture shall be paid to
the complainant and the other half to the city or town, and

1876.— Chapters 158, 159. 129

for any subsequent offence shall be punished by imprison-
ment in the jail or house of correction for a term not
exceeding two years. Approved April 21, 1876.

An Act for the better protection of infants. Chaj). 158

Be it enacted, &c., as follows :

Section 1. Whoever engages in the business of taking persons taking
nursing infiints or infants under three years of age to lo nCtffy"the°'^'^
board, or of entertaining or boarding more than two .such to'i'd of heaitb.
infants in the same house at the same time, shall within
two days after the reception of each such infant beyond the
first two, give written notice to the board of health of the
city or town where such infant is so to be entertained or
boarded, specifying the name and age of the child and the
name and place of residence of the party so undertaking
its care ; and such board of health shall have the right to Board of beaith
enter and inspect said house and premises while said busi- preLiser.*^"
ness is being carried on, and to direct and enforce such
sanitary measures respecting such children and premises
as it may deem proper.

Section 2. Any person violating any of the provisions Penalties.
of this act, or refusing admission to such board of health
for the purpose mentioned in the preceding section, shall,
on conviction thereof, be punished by a fine of not less
than fifty, nor more than five hundred dollars.

Approved April 21, 1876.
An Act to amend section sixteen of chapter two hundred Q/idp^ 159

AND sixteen of THE ACTS OF THE YEAR EIGHTEEN HUNDRED -^'

AND SIXTY-TWO IN RELATION TO COMMITMENT OF PRISONERS TO
LOCK-UPS.

Be it enacted, &c., as folloics :

Section 1. Section sixteen of chapter two hundred and commitment of
sixteen of the acts of the year eighteen hundred and sixty- To^k^^ups!
two, is hereby amended by striking out the words "mis- 1862, 216, § le.
demeanor or lesser offences" and inserting in the place
thereof the words "bailable offence."

Section 2. No charge shall be made for the detention no charge to be
and support of persons committed to any lock-up except po'rt%tc.^"^'
as provided in section seventeen of said chapter two hun-
dred and sixteen of the acts of the year eighteen hundred
and sixty-two.

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

Approved April 21, 1876.
17

130

1876.— Chapters 160, 161, 162.

CJiajp. 160 An Act in relation to the industrial school at lawrence.

Be it enacted, &c., as follows :
Directors may SECTION 1. The directoi's of the industrial school at
apprenuc'^e?*"* Luwreiice may bind out boys committed to the school, as
apprentices or servants, until they become twenty-one
years of age, or for a less term, and the directors, and
master or mistress, apprentice or servant shall respectively
have the rights and privileges and be subject to the duties
set forth in chapter one hundred and eleven of the General
Statutes, in the same manner as if such binding or appren-
ticing were made by overseers of the poor. In binding
out boys, they shall have scrupulous regard to the religious
and moral character of those to whom they are to be bound,
that they may secure to said boys the benefits of a good
example and wholesome instruction, the sure means of
improvement in virtue and knowledge, and the opportunity
of becoming intelligent, moral, useful and happy citizens :
jn'ovided, that this act shall only apply to boys sentenced
for a longer term than two years.

Section 2. This act shall take effect when accepted by
the city council of the city of Lawrence.

Approved April 21, 1876.

Chap. 161 An Act in addition to an act to regulate the fishery m

THE AGAWAM AND HALF-WAY POND RIVEKS.

Be it enacted, &c., as follows :
Proceeds to be SECTION 1. The Committee annually chosen by the
divided equally towus of Plvmouth aud Warchaui to make sale of the

between Ply- . /.i. i .1 1111 • iii-

inoutb and Aga- privileges of taking the fash called alewives and shad in
^'"^" the Agawam and Half-Way Pond rivers in the county of

Plymouth, shall pay to each of the treasurers of said towns
one-hall" part of the whole amount of the money received
by them from such sales, and all promissory notes taken
for said sales shall be made payable to each of said treas-
urers in the proportion aforesaid.

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

Approved April 21, 1876.

Proviso.

Subject to ac
ecptauce.

Chap. 162

Searcb warrant
to be issued
upon the com-
plaint of two
perwoiis com-
petent to testify,
etc.

An Act to authorize the seizure, destruction or sale of
intoxicating liquors e.\pused and kept for sale contrary

TO LAW.

Be it enacted, &c., as follows :

Section 1. If two persons, of full age and competent
to testily, make complaint under oath or affirmation, before
a justice of the peace or a police, nninicipal or district court,
that they have reason to believe, and do believe, that any

1876.— Chapter 162. 131

spirituous or intoxicating liquor, described in the complaint,
is kept or deposited by a person named in the complaint
in a store, shop, warehouse, building, vehicle, steamboat,
vessel or place, and intended for sale contrary to law, such
justice or court, upon its appearing that there is probable
cause to believe said complaint to be true, shall issue a
warrant of search to any sheriff', deputy-sherifl:', city mar-
shal, chief of police, deputy chief of police, deputy mar-
shal, state detective, police officer or constable, command-
ing him to search the premises in which it is alleged such
liquor is deposited, and to seize such liquor, with the
vessels in which it is contained, and securely keep the
same until final action is had thereon, and return the war-
rant with his doings thereon, as soon as may be, to the
same or some other justice or court having jurisdiction in
the place where such liquor is alleged to be kept or de-
posited.

Section 2. No warrant shall issue for the search of a wten warrant
dwelliug-house, unless a tavern, store, grocery, eating- ^archTdweii-
house, or place of common resort is kept therein ; and no iiig-^iouse.
warrant shall issue for the search of a dwelliug-house,
unless one of the complainants makes oath or affirmation
that he has reason to believe, and does believe, that such
liquor has been sold therein or taken therefrom for the
purpose of beiug sold by the occupant, or by his consent
or permission contrary to law, within one month next
before making such complaint, and is then kept therein for
sale contrary to law by the person complained against.
The complainant shall in his oath or affirmation state the
facts and circumstances on which such belief is founded,
and such allegations shall be recited in the complaint and
warrant.

Section 3. In all cases the complaint shall particularly Building or
designate so as to identify the building, structure and sefuched^liaii
place to be searched, the liquors to be seized, the person des^gnated'r'^
by whom they are owned, kept or possessed, and intended
for sale, and shall allege the intent of such person to sell ^

the same contrary to law. The warrant shall be supported
by the oath or affirmation of the complainants and shall
allege that probable cause has been shown for the issuing
thereof; and the place to be searched, the liquors to be
seized, and the person believed to be the owner, possessor,
or keeper of such liquors, intending to sell the same con-
trary to law, shall be set out therein by special desigua-

132

1876.— Chapter 162.

Officer to search
the premises
and seize the
liquor, etc., do-
scribed in the
warrant.

If value does not
exceed $50,
keeper, etc., to
be notified to
show cause to
justice why
liquor should
not be forfeited.

Notice to de-
scribe kind of
vessels and
quantity of
liquor seized.

If notice not
served trial may
be postponed.

tioii and with the same particularity as in the comiDlaint ;
and the oflence both in the complaint and warrant shall be
fully, plainly and substantially described, and the com-
plainants shall be suunnoned to appear as witnesses.

Section 4. The otficer to whom the warrant is com-
mitted, shall proceed to search the premises and seize the
liquor described in the warrant, with the casks or other
vessels in which it is contained, if the}' are found in or
upon said premises, and shall convey the same to some
place of security, where he shall keep the liquor aud
vessels until final action is had thereon.

Section 5. If in the opinion of the ju.stice or court
before which the warrant is returned, the value of the
liquor seized, with the vessels containing it, does not exceed
fifty dollars, a written notice, under seal, and signed by the
justice or by the justice or the clerk of said court, shal^be
issued within twenty-four hours after such seizure, com-
manding the person complained against as the keeper of
the liquor seized, and all other persons claiming any
interest therein, or in the casks or vessels containing the
same, to appear before said justice or court, at a time and
place therein named, to answer to said complaint, and
show cause, if any they have, why such liquor, with the
vessels containing it, should not be forfeited.

Section 6. The notice shall contain a description of
the number and kind of vessels, the quantity and kind of
liquor seized, as nearly as may be, and shall state when
and where they were seized. It shall be served by any
sheriff, deputy sheriff, constable, state detective, or police
ofhcer, upon the person charged with being the keeper
thereof, by leaving an attested copy of the same with him
personally or at his usual place of abode, if an inhabitant
of this state, and by posting up an attested copy on the
building in which the liquor was seized, if it was found in
any building, otherwise in some public place in the city or
town where the liquor was seized. The posting up of the
notice, and the serving the same on the party complained
of as keeper, shall not be less than fourteen days before
the time appointed for the trial.

Section 7. If, at the time a])pointed for trial, said notice
has not been duly served, or other suthcient cause appears,
the trial may be postponed to some other day aud place,
aud such further notice issued as shall su})ply any defect
in the [jrevious notice; and time and opportunity for trial
and del'ence shall be giveu to persons iutercsted.

1876.— Chaptek 162. 133

Section 8. At the time and place desi<?nated in the claimants to

. t^ . ^ liquors may be

notice, the person complained agamst, or any person admitteri parties

chiiming an interest in tlie liquor and vessels seized, or °"

any part thereof, may appear and make his claim verbally

or ill writing, and a record of his appearance and claim

shall be made, and he shall be admitted as a party on the

trial. Whether a claim as aforesaid is made or not, the

justice or court shall proceed to try, hear and determine the

allegations of such complaint, and whether said liquor and

vessels, or any part thereof, are forfeited. If it appears

that the liquor, or any part thereof, was at the time of

making the complaint owned or kept by the person alleged

therein, for the purpose of being sold in violation of law,

the court or justice shall render judgment that such and so

much of the liquor so seized as was so unlawfully kept,

and the vessels in which it is contained, be forfeited to the

Commonwealth.

Section 9. Any liquor so forfeited shall, by the Forfeited iiq-
authority of the written order of the justice or court, be
delivered to the chief of the state detective force. Said
officer shall sell the same, and pay over the net proceeds
to the treasurer of the Commonwealth.

Section 10. If it is not proved on the trial that all or Liquors not for-

ItiltCCl to DC r6—

part of the liquor seized was kept or deposited for sale turned.
contrary to law, the justice or court shall issue a written
order to the officer having the sa-me in custody, to return
so much thereof as was not proved to be so kept or de-
posited, with the vessels in which it is contained, to the
place as nearly as may be from which it is taken, or to
deliver the same to the person entitled to receive it ; which
■ order the officer, after executing the same, shall return to
the justice or court with his doings indorsed thereon.

Section 11. If no person appears and is admitted as a Payment of
party as aforesaid, or if judgment is rendered in favor of
all the claimants who appear, the cost of the proceedings
shall be paid as in other criminal cases. If only one party
appearing fails to sustain his claim, he shall pay all the
costs except the expense of seizing and keeping the liquor,
and an execution shall be issued against him therefor. If
judgment is rendered against two or more claimants, of
distinct interests in the liquor, the costs shall, according to
the discretion of the justice or court, be apportioned among
such parties, and executions shall be issued against them
severally. If such execution is not forthwith paid, the

134 1876.— Chapter 162.

commitinent to (Jefeiidniit therein iicaraed shall be committed to the iail,

jail until line iti i /• -ii ii

and costs are aiid shull iiot be discharged therefrom until he has paid the

^'" ' same and the costs of commitment, or until he has been

imprisoned thirty days.

Right of appeal. SECTION 12. The pcrsou claiming any such liquors,
whose claim is not alhiwed as aforesaid, and the person
complained against, shall have the same right of api)eal,
and to the same court, as if he had been convicted of a
crime ; but before his appeal is allowed he shall recognize
to the Commonwealth in the sum of two hundred dollars,
with good and sufficient security or securities, to prosecute
his appeal at the court appealed to and to abide the sen-
tence of the court thereon ; and upon such appeal any
question of fact shall be tried by a jury. On the judgment
of the court after verdict, whether of forfeiture of the
whole or any part of the liquor and vessels seized, or other-
wise, similar proceedings shall be had as are directed in
the four preceding sections.

If value of liquor SECTION 13. If iu the opiuiou of the iustice or court

Gxcc6n8 nitv

dollars, notice to bcfore whicli a Avarrant is returnable under Avhich any
superior court." Hquor has been seized, the value of the liquor seized with
the vessel containing it exceeds fifty dollars, a notice shall
be issued and served as directed in sections five and six,
except that the same shall be made returnable to the term
of the superior court to be held in the county next after
the expiration of fourteen days from the time of issuing
the notice. The court before which the notice is made
returnable shall have jurisdiction of the case, and may
proceed therein in the manner directed in sections seven,
eight, nine, ten and eleven, as nearly as may be, and with
a jury, ui)on any issue of facts presented by the claimant
or directed by the court.
Arrest of person SECTION 14. Auy mayor, aldemiau, selectman, deputy
iu.^i^airy may'be shcrilf, cliicf of poHco, dcputy chief of police, city mar-
walTaiiu '*'*"' * shal, deputy or assistant marshal, police officer, state
detective or constable, in his city or town, may without a
warrant arrest any person whom he finds in the act of
illegally selling or delivering intoxicating liquors, and seize
the licjuors, vessels and implements of sale, in the posses-
sion of said persons, and detain them in some place of safe j
keeping until warrants can be procured against said person
and for the seizure of said liquor, vessels and implements,
under the provisions of this act. The several officers afore-
said shall enforce or cause to be enforced the penalties

1876.— Chapter 162. 135

provided by law, against every person guilty of any viola-
tion of any law in relation to the sale of intoxicating
liquors, of which they can ol)tain reasonable proof. If any
sherilf, deputy sheriff, chief of police, deputy chief of
police, constable, police officer or state detective, after
being furnished with a written notice of any violation of
the law in relation to the sale of intoxicating liquors, and
the names of the witnesses, for two weeks neglects to
institute proceedings thereon, any person who thereafter
makes comphiint shall be entitled to all fines imposed and
collected for said violation.

Section 15. All intoxicating liquors kept for sale, and common nui-
the implements and vessels actually used in selling and ^^"'^®®"
keeping the same, contrary to law, are declared to be com-
mon nuisances.

Section 16. Whenever any person shall be convicted Notice of convie.

/.I.,, 11 . ^ 1^ ' • • !• *'°" '■° "® served

oi the illegal keeping or sale or intoxicating liquors, the upon owner of
court or magistrate before which such conviction shall be "' *"^*
had, shall issue and cause to be served upon the owner of
the building used for such illegal keeping or sale, if such
owner reside within the jurisdiction of such court or mag-
istrate and is not the person so convicted, a written notice,
which shall recite that the tenant of said building has been
convicted as aforesaid, and a return of the same shall be
made to the court or magistrate issuing it ; which notice,
so served, shall be deemed to be due and sufficient notice
under the provisions of section nine of chapter eighty-seven
of the General Statutes.

Section 17. The following forms may be used in pros- Forms for prose.
editions for the illegal keeping and sale of intoxicating
liquors, and if substantially followed, shall be deemed suf-
ficient to fully and plainly, substantially and formally,
describe the several offences in each of them set forth, and
to authorize the lawful doings of the officers acting by
virtue of the warrants issued in substantial conformity
therewith ; but this shall not be so construed as to pro-
hibit the use of other suitable forms.

Form of complaint to search for intoxicating liquor. 7° search for

•' -^ •' J/ 2 intoxicating

Commonwealth of Massachusetts.

M , ss.

To N. C, Esquire, a justice of the peace within and for the
county of M

liquor.

136 1876.— Chaptee 162.

To Rparch for J, §. and L. P., botli of B , in said county of M ,

liquor!* "'^ and both being of full age, and competent to testify, in behalf

of the Commonwealth of Massachusetts, on oath, complain that

thej' have reason to believe, and do believe, that intoxicating

liquors, to wit : —

[Here describe the liquors, as a certain quantity of rum, being
about, and not exceeding gallons ; a certain quantity

of gin, being about, alid not exceeding, gallons, etc., accord-
ing to the facts] on the day of , in the year
one thousand eight hundred and , were, and still are kept
and deposited by D. E., of said B , in a certain ,
situate [Here describe the building or other place, with particu-
lars of its location sufflcientl}- to identify it] in said B ,
and occupied by said D. E., and which liquors are intended by
said D. E. for sale in this Commonwealth, said D. E. not being
authorized to sell the same in this Commonwealth, or keep the
same for sale, for an}' purpose, b}' any legal authority whatever,
against the peace of the Commonwealth and the form of the
statute in such case made and provided : and said complainants
pray for a warrant to search said , described as aforesaid,
for said liquors, and that the same ma}' be declared to be for-
feited, ancl that said D. E. and all other persons claiming an
interest in said liquors, may be summoned to appear before said
justice, or some other justice of the peace or court having juris-
diction of the case, to show cause, if any they have, why said
liquors should not be declared forfeited. [If the place intended
to be searched be a dwelling-house, and no tavern, store, gro-
cery, eating-room or place of common resort be kept therein, the
complaint should conclude as follows : — ]

■ And I, J. 8., one of the above complainants, on oath, say that
I have reason to believe, and do believe, that intoxicating liquor,
such as is above mentioned, has been sold in the house above
mentioned (or has been taken from the house above mentioned
for the purpose of being sold), by the occupant of said house, or
with the consent and permission of the occupant of said house,
contrary to law, within one month next before this day, and that
said liquor above mentioned is now kept in said house for sale
by D. E., contrary to law, and my belief aforesaid is founded on
the following facts and circumstances : —

[Here let such facts and circumstances be stated.]

J. S.
L. P.

Received and sworn to at said B , before me, this

day of , in the year one thousand eight hundred and ;

and it apjjcars to me that there is probable cause to believe the
foregoing complaint to be true.

N. C, Justice of the Peace.

1876.— Chapter 162. 137

Form of Wanant to search a dwellinq house and seize liquors Warrant to
therein unlawfully kept for sale. ing house.

Commonwealth of Massachusetts.

M , ss.

To the sheriff of our county of M , or either of

[l. s.] his deputies or any constable of the town of B ,
in said county,

Greeting :

Whereas J. S. and L. P., both of said B , and both of

full age, and competent to testify, on the day of ,

in the year one thousand eight hundred and , at said B ,
in behalf of the Commonwealth aforesaid, on oath complained
to the undersigned, one of the justices of the peace within and
for said county of M , that they have reason to believe,

and do believe, that on the day of , in the year one

thousand eight hundred and , at said B , intoxicating

liquors, to wit : —

[Here describe the liquors, as in the complaint] are

kept and deposited by D. E. of said B , in a certain ,

situate [Here describe the building or other place, as in

the complaint] in said B , and occupied by said D.

E. as a , and that said liquors were, and are, intended for

sale b}' the said D. E., in this Commonwealth, contrar}' to law
— he, said D. E., not being then and there authorized to sell
or keep such liquors for sale in this Commonwealth for any
purpose by Siwy legal authority whatever, whereby said liquors
have become liable to be forfeited.

[In case the place to be searched be a dwelling-house, and
no tavern, store, grocery, eating-room, or place of common
resort, be kept therein, the warrant should contain the follow-
ing clause : — ]

[And J. S., one of the said complainants, has duly made oath
that he has reason to believe, and doth believe, that intoxica-
ting liquors, such as are mentioned in the complaint, have been
illegally sold in said house, within one month last past, by the
occupant thereof, (or with the permission and consent of the
occupant thereof, or have been taken from said house for the
purpose of being sold,) contrary to law, within one month last
past, and that such liquors are kept and deposited in said house,
by said D. E., and intended for sale in this Commonwealth, con-
trary to law, and has, in his said oath, stated the following facts
and circumstances on which his said belief was founded : — ]

[Here let the facts and circumstances be repeated, as in the
complaint.] And said complainants have also prayed that due
process maj^ issue to search for said liquors, and that such further
proceeding may be had in the premises as to law and justice in
that behalf may appertain ; and whereas it appears to me, the
18

138 1876.— Chapter 162.

subscriber, on the complaint aforesaid, that probable cause has
been shown for the issuing of a warrant of search thereupon : —

These, therefore, are to require j-ou in the name of the Com-
monwealth, taking with 3'ou proper assistants, forthwith to enter
the herein above described, and make diligent and careful

search for all the liquors herein above described, and, if such
liquors are found therein, to seize and conve}' the same and the
vessels which contain such liquors, to some place of safet}', and
safel}' keep the same, to await the final action and decision of
the court upon said complaint.

Herein fail not, and make due return of this warrant, with
your doings thereon.

Witness my hand and seal at said B , this day of ,

in the j-ear one thousand eight hundred and

N. C, Justice of the Peace.

[In a warrant for searching any other place besides a dwelling-
house, that part in the foregoing form which relates to the means
of knowledge of the complainant that a sale had been made in
the building should be omitted,]

Warrant to Warrant to officer to serve under sections Jive and six.

serve notice *" •'

under §§ 5, 6.

Commonwealth of Massachusetts.

M , ss.

To the sheriff of our county of M , or either of his
[l. s.] deputies, or any constable of the town of B ,

in said county.

[If the seizure be made in a citj', the warrant may be directed
to the cit}- marshal and other cit}- officers authorized to serve it.]

You are hereby commanded to serve the annexed notice, by
delivering an attested copy thereof into the hands of D. E. of
B , in the count}' of M , or leaving an attested copy

thereof at his usual place of abode, and also by posting up
another attested cop}' thereof on

[Here describe the building in which the liquor was seized, if
it be found in any building ; but if not found in any building,
sa}- in some public place in said town of B ] ; and j^ou

are hereby commanded to serve said cop}- on said D. E., and to
post another cop}' as above directed, at least fourteen days
before the day of , in the year one thousand eight

hundred and

Hereof fail not, and make due return of this warrant, with
your doings thereon.

Witness my hand and seal at B , this day of ,

in the year one thousand eight hundred and

N. C, Justice of the Peace.

1876.— Chapter 162. 139

Form of Notice under sections Jive and six to be annexed to the Form of notice
foregoing Warrant, and served as therein directed. "" ^^^^ '

To D. E., of B , in the county of M , and to any

and all other persons claiming any interest in [twenty gallons of
rum in a barrel, two gallons of gin in a demijohn, and in said
barrel and demijohn, or as the case may be], which, by virtue of
a warrant issued by me, have been seized [at the dwelling-house
of said D. PI, in said B , or as the case may be], on the

day of , in the year eighteen hundred and ,

the value of which rum and gin, with the vessels containing
them, does not in my opinion exceed fifty dollars.

You are hereby required to appear at
[Here name the place for the hearing] in said B ,

at o'clock, M., on the day of in the year

one thousand eight hundred and , to answer to the com-

plaint against said liquors and the vessels containing them, and
for trial, and to show cause, if any 3'ou have, why said liquors
and the vessels containing them should not be forfeited for being
kept for sale by said D. E., in violation of the laws of this
Commonwealth.

Witness my hand at B , this day of , in the

year one thousand eight hundred and

N. C, Justice of the Peace.
Warrant to officer to serve notice under section thirteen. Warrant to

serve notice

Commonwealth of Massachusetts.

M , ss.

To the sheriff of our county of M , or either of his

[l. s.] deputies, or any constable of the town of B ,

in said county : —

[If the seizure be made in a city, the warrant may be directed
to the city marshal and any other city officers authorized to
serve it.]

You are hereby commanded to serve the annexed notice, by
delivering an attested cop3^ thereof into the hands of D. E., of
B , in the county of M , or by leaving an attested

cop3^ thereof at his usual place of abode, and also by posting up
another attested copy thereof on

[Here describe the building in which the liquor was seized, if
it be found in an}^ building ; but if not found in an}^ building,
add, in some public place in said town of B .] And you

are hereby commanded to serve said copy on said D. E., and to
post another copy as above directed, at least fourteen days
before the day of , in the year eighteen hundred

and

Hereof fail not, and make return of this warrant, with your

vinder § 13.

140

1876.— Chapter 162.

doings thereon, before the justices of our superior court next to
be holden at C , in and for our count}- of M , on the

day of , in the 3'ear eighteen hundred and

Witness my hand and seal at said B , this day of

, in the year one thousand eight hundred and

N. C, Justice of the Peace.

under U3°*''^^ i^o)-??i of Noticc Under section thirteen., to he annexed to the fore-
going Warrant.

To D. E., of B , in the county of M , and to any

and all other persons claiming any interest in [one hundred gal-
lons of brandy in two hogsheads, and two gallons of gin in a
demijohn, and in said hogsheads and demijohn, or as the case
may be] which, b}' virtue of a warrant issued b}' me, have been
seized [at the dwelling-house of said D, E., in said B , or

as the case ma}- be] on the day of , in the year one

thousand eight hundred and , the value of which brandy

and gin, with the vessels containing them, in my opinion, exceeds
fifty dollars.

You are hereb}- required to appear before the justices of the
superior court next to be holden at C , in said count}' of

M , on the day of next, to answer to the

complaint against said liquors and vessels containing them, and
for trial, and to show cause, if any you have, why said liquors
and vessels should not be forfeited for being kept for sale by
D. E., in violation of the laws of this Commonwealth.

Witness my hand and seal at B , this day of

, in the year one thousand eight hundred and

N. C, Justice of the Peace.

Form of Warrant to deliver liquor to the chief of the state detect-
ive force, and to sell the same.

Commonwealth of Massachusetts.

Warrant to de-
liver liquor to
chief of state
detective force.

M , SS.

To L. M., deputy sheriff [here name the officer having

[l. s.] the liquor in custody] and S. T., a person appointed

by N. C, a justice of the peace for said county, to

witness the destruction of said intoxicating liquors,

Greeting :

Whereas certain intoxicating liquors, to wit [ten gallons of
gin in a barrel and four gallons of port wine in a demij(>hn, or
as the case may be], have been declared forfeited by me, tlie sub-
scriber, one of the justices of the ponce in and for the county
of M , for having been kept by D. E. of B , in said

county of M , at said B , on the day of ,

1876.— Chapter 163. 141

in the year eighteen hundred and , with intent to sell the

same in this Commonwealth, he not being then and there author-
ized to sell the same by any lawful authority whatever : where-
upon I declared and adjudged among other things, that said
liquors, with the vessels in which they are contained, were for-
feited to the Commonwealth : —

Now, 1 hereby command you, said L. M., to deliver said [ten
gallons of gin and four gallons of port wine] to U. T., chief of
the state detective force, to be by him sold according to law, and
the net proceeds paid over to the treasurer of the Commonwealth.

And make return of this precept, with your doings thereon.

Witness my hand and seal at said B , the day of

, in the year eighteen hundred and

N. C, Justice of the Peace.

Section 18. This act shall take effect upon its passage.

Approved April 25, 1876.

An Act to incokporate the new England guard of the city QJian. 163

OF BOSTON. -^*

Be it e7iacted, &c., as follows :

Section 1. J. Putnam Bradlee, George Tyler Bige- corporators.
low, Jeffrey Kichardson, William F. Smith, John H. Reed,
Joseph B. Glover, Joseph Burnett, J. Avery Richards,
Robert M. Mason, Charles Storrovv, Francis A. Osborn,
Shubael G. Rogers, John Revere, Joseph West, Thomas
T. Bouve, John T. Coolidge, George H. Vincent, Curtis
Guild, Charles A. Welch, Leverett Saltonstall, Martin P.
Kennard, Amos A. Lawrence, Adolphus Davis, Charles S.
Jeuny, William B. Bacon, James B. Bell, William V. Hutch-
ings, Robert H. Stevenson, George Higgiuson, Isaac Butts,
George D. Russell, Frederick B. Wentworth, F. W. Bige-
low, George B. Brown, Benjamin F. Field, Jr., and such
other persons as are known as the New England Guard, New England
who formerly served in the said company and in the fourth Sty'of Boston.
battalion of infantry in the lirst division of the Massachu-
setts volunteer militia, or may hereafter become associated
with them, are hereby constituted a body corporate by the
name of the New England Guard of the city of Boston,
having the privileges and subject to the duties and liabil- powers and
ities set forth in all general laws which now are or here- ^^t'es.
after may be in force relating to corporations.

Section 2. The objects of the corporation shall be to For social and
afford pecuniary relief to aged, reduced and indigent mem- poses?^^^ ^'^'^'
bers, and to their widows and children, and to promote

142 1876.— Chapters 164, 165.

social union and patriotic fellowship among the members,
and to preserve and keep alive the recollections of past
services in the New England Guard.
May adopt a SECTION 3. The Said Corporation shall have power

constitution and . . i i i i i i •

by-laws. to adopt a constitution ana by-laws, rules and regulations

for the admission of members and their government, the
election of officers and prescribing their duties, the sus-
pending and expelling of membrrs, and for the safe keep-
ing of its property and funds, and from time to time to
alter or repeal such constitution, by-laws, rules and regu-
lations.

Real and per. SECTION 4. The Said Corporation shall have power to

aonal estate. , , i i t i i

hold property, real and personal, to an amount not exceed-
ing twenty thousand dollars.
Parade In pub- SECTION 5. The members of said corporation may
parade in public with side arms.

Section 6. This act shall take effect upon its passage.

Approved April 26, 1876.

Chap. 164 An Act to extend the time for applications for damages

FOR LAND taken FOR THE LOCATION OF THE MASSACHUSETTS
CENTRAL RAILROAD.

Be it enacted, &c., as follows :

daTm fo'r'dam"^ "^^^ ^^^^ wlthln whlch clalmauts for damages for land
ages extended, takcu by the Massachusctts Central Railroad Company for
the location of its railroad, may make application to the
county commissioners under the provisions of section
seventy-eight of chapter three hundred and seventy-two of
the acts of the year eighteen hundred and seventy-four, is
herei)y extended to the twentieth day of April in the
year eighteen hundred and seventy-seven.

Approved April 26, 1876.

Chap. 165 An Act to provide for the removal of wills from probate

COURTS IN CERTAIN CASES.

Be it enacted, &c., as folloios :
m.^'y^pcfrmit'^ Section 1. Thc probute court in which a will has been
wiiiHtobetaken dulv i)roved, allowcd and recorded, may, after the expira-

from tiles to be •/ i ' ' %/ ' i.

used in other tiou of thc thirty days within which an appeal may be
couHres. taken from the decree admitting such will to probate, upon

the petition of the executor, or an} legatee therein named,
or of any person interested in the estate of the testator,
after such notice thereof as the court shall require and
hearing hud thereon, permit the original will to be taken
from the liles of such court, if it shall appear that such orig-

1876.— Chapter 166. 143

inal will is necessary to be used in any foreign country for
the purpose of establishing the right or title of such exec-
utor, legatee or person, to the estate of the testator therein,
and to use the will for that purpose.

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

Approved April 26, 1876.

An Act to regulate the execution of capital sentences. ChaV' 166
Be it enacted, cfcc, as follows :

Section 1. In pronouncing sentence of death upon any Timeofexecu-
person convicted of a capital crime, the court shall appoint pohited'by''^'
the time when such sentence shall be executed. The clerk *^°"''''
of the court shall, as soon as may be, make out and deliver
to the governor a certified copy of the whole record of the
conviction and sentence. He shall immediately thereafter
make out and deliver to the sheriff of the county where
the conviction was had, a warrant under the seal of the warrant for
court, commanding the sheriff to cause execution to be SSb'y thJ**
done in accordance with the provisions of the sentence ; °°'^"*
and to this warrant there shall be annexed a certified copy
of the whole record of the conviction and sentence, and an
affidavit of the delivery to the governor of a certified copy
of the record required to be delivered as aforesaid.

Section 2. The sheriff shall thereupon cause execution sheriff to cause
to be done at the time appointed, unless the governor, by done?'^°° ^^^ ^^
and with the advice of the council, shall pardon the offence,
commute the punishment therefor, or respite the execution
of the sentence as hereinafter authorized. In case the
execution shall be respited as hereinafter authorized, the
sentence shall be executed on the day next after the day
on which the term of respite shall have expired, unless the
day next after the day aforesaid shall be a Sunday or a
legal holiday ; in which case the sentence shall be executed
on the first day thereafter which is not a Sunday or legal
holiday. In case the sentence shall not be executed on the
day finally appointed, the sheriff shall cause execution to
be done as soon as may be after the said finally appointed
day.

Section 3. When a person convicted of a capital crime insane convict
is, at the time when motion for sentence is made, found to to*sCtMu™atlc^
the satisfaction of the court to be insane, the court may gent^JncL!"'^"'^^
cause such person to be removed to one of the state lunatic
hospitals for such a term and under such limitations as it
may direct. When a female convicted of a capital crime

1876.— Chapter 167.

If convict is
insane after sen-
tence, execution
may be respited.

Execution of
sentences may
be respited from
time to time.

is, at the time when motion for sentence is made, found to
the satisfaction of the court to be quick with child, the
court shall not pass sentence upon her until it appears to
its satisfaction that she is no longer quick with child.

Section 4. If it appears to the satisfaction of the gov-
ernor and council, that a convict under sentence of death
has become insane, the execution of said sentence may be
respited by the governor, by and with the advice of the
council, from time to time for a stated period, until it
appears to their satisfaction that the convict is no longer
insane. If it appears to the satisfaction of the governor
and council that a female convict under sentence of death,
is quick with child, the execution of said sentence shall be
respited from time to time for a stated period by the gov-
ernor, by and with the advice of the council, until it ap-
pears to their satisfaction that she is no longer quick with
child.

Section 5. The governor, by and with the advice of
the council, may respite from time to time the execution
of a sentence of death for a stated period, so long as they
may deem it necessary to afford him, by and with the advice
aforesaid, an opportunity of exercising the constitutional
right of pardon and of investigating and considering the
facts of the case for that purpose.

Section 6. When a sheriff inflicts the punishment of
death upon a convict in obedience to a warrant from the
court, he shall, as soon as may be, make return thereof
under his hand, with his doings therein, to the clerk's oflice
of said court.

Section 7. Sections twentj^-four, twenty-five and
twenty-eight of chapter one hundred and seventy-four of
the General Statutes are hereby repealed, except as to
persons, who are at the time of the passage of this act,
under sentence for a capital crime ; the sentences of such
persons shall be executed in accordance with the laws in
force when the sentences were pronounced.

Section 8. This act shall take effect upon its passage.

Approved April 26, 187G.

Chap. 167 -^N Act concerning attachments.

Be it enacted, &c., as follows :
Arrest under a SECTION 1. At anv tiuic dnrinii: thc pendency of any

special precept. •' • ' .*'.*'

suit, libel, petition or other proceeding at law or in equity,
before any police, district or municipal court, or before the
superior or supreme judicial court, upon institution of

SheriflF to make
return to the
clerk's office.

Repeal.

1876.— Chapter 168. 145

which an attachment is authorized by law, the court in
which such cause is pending, may in its discretion, on
motion, ex parte, upon good cause shown, direct by special
precept that an arrest of the defendant, or an attachment
of his property by trustee process, or otherwise, be made
to secure the judgment or decree which the plaintiff may
obtain in said cause : jjrovided, that no arrest of the Proviso.
defendant shall be authorized unless the plaintiff or some
person in his behalf, makes affidavit and proves to the
satisfaction of the court the same facts that are now
required to be proved to authorize arrests on mesne
process.

Section 2. The form of such precepts shall be the Form of precept,
same, so far as practicable, as that established for original
writs of attachment and arrest; but the supreme judicial
court may, by general rules, at any time establish forms
therefor.

Section 3. Such precepts may be served by any officer service of pre-
authorized to serve the original process in the cause, and '^'^^^'
shall be returnable as may be directed by the court issuing
the same.

Section 4. Attachments and arrests so made, shall be subject to laws
subject to all the provisions of law relating to attachments mesn'ifproce°8'^.
and arrests upon mesne process, so far as applicable.

Approved April 26, 1876.

An Act to alter the limits of fire district number one in (JJian. 168

THE TOWN OF SOUTH HADLEY. * ^'

Be it enacted, &c., as follows :

Section 1. Edwin H. Judd, Levi H. Judd, J. Dwight Fire District,
Judd, Watson S. Judd, Otis A. Judd, Henry Strong, g^afey."^""*
Elizabeth B. C. Lathrop and Bessie C. Lathrop, all of
South Hadley, in the county of Hampshire, with their
estates, and all lands between the northerly boundary line Boundaries
of tire district number one, in the town of South Hadley, °'^=*°«'^<^-
and a line beginning on the easterly side of the Connecti-
cut River, at the mouth of White's Brook, and thence
running north-easterly along said brook to the highway
leading to the "head of the canal" (so called) ; thence
easterly along said highway to the Old Falls Woods road ;
thence northerly along said road to a point opposite the
north-westerly corner of land of George E. and Mary C.
Lamb ; thence easterly along the northerly line of land of
said Lambs to land of Adoniram J. Clark ; thence southerly
along the westerly line of land of said Clark to land of

146 1876.— Chapter 169.

said Lambs ; thence easterly along the northerly line of
land of said Lambs to the highway leading Irora South
Hadley Falls to South Hadley ; and after crossing said
highway, along the northerly line of land of Hellen Lathrop
to hind of Elizabeth B. C. Lathrop ; thence southerly along
the westerly line of said Lathrop land to land of Peregrine
Waters ; thence easterly along the northerly line of said
Waters and of James A. Benton to the new road from
South Hadley Falls to South Hadley ; also, all lands and
estates lying and being easterly of the highway leading from
South Hadley Centre to Willimansett depot in Chicopee,
are hereby excluded and set otf from said tire district.
Payment of Section 2. The land and estates hereby excluded and

set oif from said fire district, shall be liable to pay, and
shall pay, their just proportion of all taxes which shall
have been assessed on said fire district prior to the passage
of this act, in the same manner as though the same had
not been passed.

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

Ajiproved April 26, ltj76.

Chap. 169 ^'^ -^CT RELATING TO THE SUPPORT OF PERSONS COMMITTED TO
THE STATE INDUSTRIAL SCHOOL AND THE STATE REFORM SCHOOL.

Be it enacted, <fcc., as follows :
Persons in re. SECTION 1. Whenever R persoD haviug a Settlement in
trilfs^'cbooi's "o*" this Commonwealth, is committed to the State Industrial
pLceTsettfe-^^ Sphool or to the State Reform School, the trustees of the
'^®"*- school to which such commitment is made shall give written

notice of such commitment to the overseers of the poor of
the place of settlement, and the town or city in which such
person has a settlement, if notified as above stated, shall
pay one dollar per week, from the date of such notice, for
the support of such person in said school, which sum shall
be paid to the treasurer of the Commonwealth, or be re-
covered by him through the general agent of state
charities. Any sum so paid may be recovered by such
city or town of any parent, kindred or guardian liable by
law to maintain such person.
Repoa^ofG. s. SECTION 2. Scctiou tweuty-niue of chaptcr scventy-six
of the General Statutes and section one of chapter two
hundred and fifty-six of the acts of the 3'ear eighteen
hundred and sixty-five, are hereby repealed, saving all
actions pending and all existing rights and liabilities.

Section 3. This act shall take effect on the first day
of July next. Approved April 2G, ia7G.

76, § 29.
1865, 256, § 1.

1876.— Chapteks 170, 171, 172. 147

An Act in relation to the issue of bonds a.nd other evi- QJiap. 170

DENCES OF indebtedness BY RAILROAD CORPORATIONS.

Be it enacted, t£c., as follows:

Section 1. No railroad corporation chartered under issue of bonds
the laws of this Commonwealth shall hereafter issue any poraTio'ns!' ^""^
bonds, coupon notes or other evidences of indebtedness
payable at periods of more than twelve months from the
date thereof, except as provided by section forty-nine of
chapter three hundred and seventy-two of the acts of the
year eighteen hundred and seventy-four.

Section 2. This act shall take efl'ect upon its passage.

Approved April 26, 1876.

An Act to make a further appropriation for the improve- QJian. 171

MENT OF THE COMMONWEALTH FLATS IN BOSTON HARBOR. ^'

Be it enacted, &c., as follows :

Section 1. There shall be allowed and paid out of the Appropriation
treasury of the Commonwealth, a sum not exceeding three ° • •
hundred thousand dollars, to be expended for the purposes
authorized by chapter three hundred and twenty of the
acts of the year eighteen hundred and seventy-two, and
the same is hereby appropriated.

Section 2. Scrip or certificates of debt, to the amount certificates of
appropriated by this act, may be issued under the pro- issued.
visions of section five of said chapter, in addition to the
amount heretofore authorized.

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

Ap2)roved April 26, 1876.

An Act to punish illegal voting and to secure the purity Chan. 172

OF ELECTIONS. ^'

Be it enacted, &c., as follows :

Section 1. Whoever votes, or attempts to vote upon voting illegally
any name other than his own at any national, state or FmpriBo^nment.
municipal election, or whoever knowingly gives more than
one ballot at one time of balloting at an election, shall be
punii^hed by imprisonment in the house of correction for
not less than three months nor more than one year.

Section 2. If any person shall pay, give or bestow. Bribery at eiee.
or directly or indirectly promise, any gift or reward to by &ro"rlm-'^^*
secure the vote or ballot of any person for any officer to pri«)>iment, or
be voted for at any national, state or municipal election,
the person so offending, upon conviction before the court
having jurisdiction of s\ich offence, shall be punished by a
fine of not less than fifty nor more than one thousand dol-
lars, or by imprisonment in the house of correction not less

148

1876.— Chapters 173, 174, 175.

Aiders and
abettors punish,
able by hue or
impriBonment.

Repeal of 1874,
S56.

than three months nor more than one year, or by both, at
the discretion of the conrt.

Section 3. Whoever aids and abets any person in the
commission of either of the oifences described in section
one of this act, shall be punished by a fine not exceeding
one thousand dollars or by imprisonment in the house of
correction not exceeding one year.

Section 4. Chapter three hundred and fifty-six of the
acts of the year eighteen hundred and seventy-four is
hereby repealed. Approved April 26, 1876.

Ohap. 173 An Act concerning the verification of railroad and street

RAILWAY RETURNS.

Be it enacted, &c., as follows :
fwmM°to by^ The accuracy of every annual return of a railroad or
uJer'^an'dsu'^^er' ^trcct railway corporation made under the provisions of
intendent. scctiou ouc hundred and seventy-one of chapter three hun-
dred and seventy-two of the acts of the year eighteen
hundred and seventy-four, and of section fift3'-two of
chapter three hundred and eighty-one of the acts of the
year eighteen hundred and seventy-one, shall, in addition
to the oath of the directors, prescribed in said acts, also be
sworn to by the treasurer and the superintendent of the
corporation making such return. Jj^j^roved April 26, 1876.

Chap. 174 An Act in addition to section thirty-eight of chapter onbj

HUNDRED AND TWENTY OF THE GENERAL STATUTES IN RELATION
TO DISTURBANCES OF THE PEACE.

Be it enacted, &c., as follows :
SepJacTpun-* District courts, police courts and trial justices may
isiiabiebytineor punish bv fine uot excccdinof thirty dollars, or imprison-

impnsoumeut. '■ .';.., ^^ "^ ,. ^ .

ment in the jail or house ot correction not exceeding ninety
days, a disturbance of the peace to the great damage and
common nuisance of the citizens of the Commonwealth,
inha])iting, being and residing in the place where such
disturbance occurs. Approved Ainil 26, 1876.

Chap. 175 A.N Act in relation to towns and cities subscribing to thbi

STOCK AND securities OF RAILROAD CORPORATIONS.

Be it enacted, &c., as follows :

No town or city shall hereafter increase its indebtedness
for the purpose of subscribing to the stoek or securities of
railroad corporations, to an amount which with the existing
net indebtedness of such town or city, incurred for any
purpose, shall exceed the limit of three per centum of
the valuation of the taxable property therein, to be ascer-

SubBcriptions to
railroad Htock
not to exceed
throe per cent,
of valuation.

1876.— Chapteks 176, 177. 149

taiued by the last preceding town or city valuation for the
assessment of taxes ; but the limitation of this act shall
not apply to temporary loans in anticipation of the taxes
of the year in which such debts are incurred, and the year
next ensuing, and expressly made payable therefrom by
vote of the said town or city. Approved April 26, 1876.

Ax Act in addition to chapter three hundred and seventy- QJian, 176

ONE OF THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND ■'^'

SEVENTY-TWO, RELATING TO THE REGULATION AND INSPECTION
OF BUILDINGS IN BOSTON.

Be it enacted, &c., asfolloivs:

Section 1. Partv-walls of dwelling-houses not ex- Party-waiis of

,. , ,. *', i.j2 ^i.'1'ii. 1 J. dwelling-houses

ceedmg two stones nor twenty-nve feet ni height, and not iuBostou.
exceeding twenty feet in width and forty feet in depth, in
the city of Boston, outside the building limits of said city,
may be built of brick, eight inches thick, and be carried
twelve inches above the roof; and shall be corbelled at
least six inches, or to the outer edge of all projections on
the front and rear walls of the building, and be coped with
stone or metal securely fastened ; and where the roof is of
the kind known as Mansard or French, the party-walls
shall extend through the slope of the Mansard at least six
inches distant from and parallel with the roof covering, and
be corb(41ed at least six inches, or to the outer edge of all
projections, and shall be coped with stone or metal,
securely fastened. Any dwelling-4iouse wall, not exceed-
ing twelve feet in height from the foundation, and not
"within the building limits of said city, may be built of
brick, eight inches thick.

Sectiox 2. Foundation walls of buildings, other than Foundation-
dwelling-houses, and not exceeding thirty-five feet in ^'*"^'
height, in the city of Boston, may be built of irregular
rubble-stone, one-fourth thicker than block-stone walls :
provided^ that when such foundation walls are laid on piles,
the lower course shall be of block-stone.

Section 3. All acts or parts of acts inconsistent here- Repeal,
with, are hereby repealed. Approved April 26, 1876.

An Act ratifying the election of town officers in the town rij,fyy, 177
OF chesterfield in the year eighteen hundred and seventy- ^'^"i'*

SIX.

Be it enacted, &c., as follows:

Section 1. The election of town officers in the town Election con-
of Chesterfield made at the annual town meeting in the fa^^^^lif"'^
year eighteen hundred and seventy-six so far as the same

150

1876.— Chapter 178.

may be illegal for the reason that the check-list was not
used in the election of said officers or of the moderator of
such meeting, is hereby ratified and confirmed and the
same shall l)e taken and deemed good and valid in law to
all intents and purposes whatsoever.

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

A])proved April 26, 1876.

Chap. 178 An Act concerning the printing or certain public documents.
Be it enacted, &c., as follows:

menti*'a^n'dre- Section 1. Thcrc shall be printed annually, on or

ports, numbers bcforc thc assembling: of the lecfislature, or as soon after

to be printed. O & '

the meeting ot the legislature as may be expedient, a
number of copies of the public documents and reports, as
specified in the following list ; and no larger number shall
be printed, save by special order of the legislature :

Registration of births, marriages and deaths, two thou-
sand.

Report of secretary of board of education, seven thou-
sand.

Report of librarian of state library, one thousand five
hundred.

Report of secretary of board of agriculture, twelve thou-
sand.

Report of treasurer and receiver-general, two thousand.

Report of auditor of accounts, two thousand.

Report of adjutant-general, two thousand five hundred.

Report of savings bank commissioner, three thousand.

Report of insurance commissioner, on fire insurance,
three thousand.

Report of insurance commissioner, on life insurance,
three thousand.

Abstract of returns of corporations organized under
general laws, two thousand two hundred.

Report of commissioners of public lands, one thousand
five hundred.

Report of attorney-general, one thousand five hundred.

Rei)()rt of inspectors and warden of state prison, two
thousand.

Report of agent for discharged convicts, one thousand
five hundred.

Abstract of sheriflfs' returns, two thousand.

Abstract of returns of registers of deeds, one thousand
five hundred.

1876.— Chapter 179. 151

Eeport of secretary of board of state charities, two thou- Public docu.

^ •' ments and re-

Sand. ports, numbers

Report of trustees of reform school, two thousand. '° epnnte .

Asrgregntes of polls, property and taxes, two thousand
five hundred.

Report of trustees of industrial school for girls, two
thousand.

Report of trustees of lunatic hospital at Northampton,
two thousand.

Report of trustees of lunatic hospital at Taunton, two
thousand.

Report of trustees of lunatic hospital at Worcester, two
thousand.

Report of ilispectors of state workhouse at Bridgewater,
two thousand.

Report of inspectors of state primary school at Monson,
two thousand.

Report of inspectors of almshouse at Tewksbury, two
thousand.

Report of trustees of Perkins institution for the blind,
two thousand.

Report of trustees of school for idiotic and feeble-minded
youth, two thousand.

Report of railroad commissioners, and returns of railroad
corporations, three thousand five hundred : and there shall
be printed three thousand copies of said report for the use
of the commissioners.

Report of Massachusetts board of health, two thousand
five hundred.

Report of bureau of statistics of labor, two thousand.

Manual for the general court (sixteen mo) , two thousand
five hundred.

Manual for the general court (octavo), five hundred.

Blue book, five thousand.

General laws, thirty-five thousand.

Section 2. All acts and parts of acts, and all resolves Repeal.
inconsistent with this act, are hereby repealed.

Approved April 26, 1876.

An Act relating to the appointment op resident physicians at Chap. 179

TEWKSBURY ALMSHOUSE.

Be it enacted, &c., as follows :

Section 1. The governor, with the advice and consent Resident phy.
of the council, shall appoint, for the state almshouse, a pointed? ^^^"
resident physician competent to take charge of insane

152

187G.— Chapter 180.

Inspectors to
nomin.ite
physician to the
governor and
council.

Assistant phy-
sicians to be
nominated to the
inspectors by
the resident
physician.

Resident phy-
Bician to have
medical charge
of inmates, ap-
point nurses,
etc.

Gliap, 180

Inspectors of
proviMloiiB, and
animals in-
tended for
slaughter, may
be appointed.

inmates, who shall hold his office during the pleasure of
the governor, whose salary, subject to the approval of the
governor, shall be fixed by the inspectors of said institu-
tion ; and said physician shall in addition thereto possess
the same rights and privileges, relative to residence at said
almshouse, as are now by law possessed by the super-
intendent thereof.

Section 2. The inspectors of the state almshouse shall,
within ten days from the passage of this act, and thereafter
whenever a vacancy shall occur, within ten days from the
occurrence of such vacancy, nominate to the governor and
council some suitable person for resident phj'sician at said
institution, and in case of failure on the part of said in-
spectors to make such nomination within the time specified,
the governor and council may appoint a resident physician
without such previous nomination.

Section 3. The resident physician shall immediately
upon his appointment, and thereafter whenever a vacancy
occurs, nominate to the inspectors suitable persons for the
offices of first and second assistant physician, who shall
hold their several offices during the pleasure of said inspect-
ors and at such salaries as may be fixed by them.

Section 4. The resident physician shall have entire
charge of, and be responsible for the medical treatment of
the inmates of the hospital at said almshouse, and of the
asylum for the insane ; shall appoint and remove the luirses
of the hospital, and the attendants of the asylum, and shall
fix their several salaries subject to the approval of the
inspectors ; he shall regulate and control the dietary of
said hospital and asylum, and shall supervise the prepara-
tion of the food for these departments ; he shall from time
to time make requisitions upon the superintendent for such
food, medicines and necessaries (other than the ordinary
almshouse supplies) as in his judgment the requirements
of a well ordered hospital demand.

Approved April 26, 1S76.

An Act to provide for Tuii appointment of inspectors of

PROVISIONS, AND ANIMALS INTENDED FOR SLAUGHTER, IN CITIES
AND TOWNS.

Be il enacted, tfec, as follows :

Section 1. The mayor and aldermen of cities and the
selectmen of towns may annually appoint one or more per-
sons to be inspectors of provisions, and animals intended
for slaughter, who shall be sworn to faithfully discharge

1876.— Chapter 180. 153

the duties of their office and who shall receive such com-
pensation as the city council of cities or the selectmen of
towns shall determine.

Section 2. Said inspectors shall have power to inspect To inspect pro-
all animals intended for slaughter, and all meats, fish, veg- if found un!
etables, produce, fruits and provisions of all kinds found ^luslftiTsame
in said cities or towns, or exposed for sale or kept with to be destroyed.
intent to sell therein ; and may for this purpose enter into
all buildings or inclosures where said animals, meats, fish,
vegetables, produce, fruits or provisions are kept, stored
or exposed for slaughter or sale. When such animals,
meat, fish, vegetables, produce, fruit or provisions are
found on such inspection to be tainted, diseased, corrupted,
decayed or unwholesome from any cause, said inspectors
shall seize the same and cause them or it to be destroyed
or disposed of otherwise than for food : provided, Jioivever, Proviso,
that if the owner of the property seized shall at the time
of the seizure notify said inspector in writing of his desire
to appeal to the board of health, said inspector shall cause
said animals, meat, fish, vegetables, produce, fruit or pro-
visions 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 committee shall find the same to be
tainted, diseased, corrupted or unwholesome, they shall
order the same to be destroyed or disposed of otherwise
than for food ; if said board or committee shall not so find,
they shall order said animals, meat, fish, vegetables, pro-
duce, fruit or provisions to be forthwith returned to the
owner thereof. 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 such
seizure, be paid to the owner thereof.

Section 3. Said inspectors shall have the power to To destroy veai,
inspect -all veal found in said cities or towns, or oflfered or {ban fo^rVecks
exposed for sale or kept with intent to sell therein, and if oid when kiued.
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, subject however to the same provi-
sions concerning appeal and the disposal of moneys that are
therein contained.

Section 4. When complaint is made on oath to any Warrant may be

,. .., T^-. , • 1^ A ji-1 issued for search

police, municipal or district court or magistrate authorized forunwhoie.
to issue warrants in criminal cases, that the complainant «o°^^ "»eat, etc.

154 1876.— Chapter 180.

believes that any diseased animals or any tainted, diseased,
corrupted, decayed, or unwholesome meat, fish, vegeta-
bles, produce, fruit or provisions of any kind, or veal of
any calf killed under four weeks old is kept or concealed
in any particular house or place with the intent to kill, sell
or ofi'cr the same for sale for food, the court or magistrate,
if satisfied there is reasonable cause for such beHef, shall
issue a warrant to search for such animals or 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. If, upon hearing, said
court or magistrate shall determine that said animals or
articles or any of them were kept or concealed for the
purposes aforesaid, the same shall be destroyed or disposed
of by the inspector, or by any officer designated by the
court or magistrate, according to the provisions of the
second section of this act ; if the court or magistrate shall
not so determine, said animals or articles shall be returned
to the owner.
Penalty for SECTION 5. Whocvcr kuowiugly sclls, or offers or

unwho'iJsome cxposcs for salc, or has in his possession with intent to' sell
^°°^' for food any diseased animal, or any tainted, diseased, cor-

rupted, decayed 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.
Name and place Section 6. The placc whcrc property Condemned uudcr
person"con.°^ this act shall be found, and the name of every person in
pubiilhed!^ whosc posscssion it may be found and condemned, or who
shall be convicted of an oflence under section five of this
act, shall be published in two newspapers published in the
county.
Act subject to Section 7. The foregoing sections of this act shall not
accep ance. |^^ j^^ force iu any city or town unless this act .shall be
adopted by the city council of such city, or by the inhabi-
tants of such town.
Repeal of 1876, SECTION 8. Chapter twenty-nine of the acts of the
year eighteen hundred and seventy-five is hereby repealed :
Proviso. provided, that nothing herein contained shall atlect any

prosecution now pending or any penalty or forfeiture
already incurred. Approved April 2G, 1876.

1876.— Chapters 181, 182. 155

An Act to secure land from trespassers. Chap. 181

Be it enacted, &c., as follows :

Section 1. Whoever, between the first day of April f.^^^l^^j/^^
and the first day of December, wilfully enters on or passes upon improved
over or remains on any orchard, garden, mowing land or
other improved or inclosed land of another, after being
forbidden by the owner or occupant thereof, or by the
authorized agent of said owner or occupant, either person-
ally or by notice posted conspicuously on the premises,
shall be guilty of trespass, and shall be punished by fine
not exceeding tvyenty dollars ; and such fine shall not be
less than five dollars, if the oflfence is committed on the
Lord's day.

Section 2. A person found in the act of committing Trespasser may
the trespass described in the preceding section, may be out a warrant. "
apprehended by any sheriff, deputy-sheritf, constable,
watchman or police officer, without a written warrant, and
kept in custody in a convenient place, not more than
twenty-four hours, Sunday excepted ; at or before the
expiration of which time, he shall be brought before a trial
justice, police, municipal or district court, and proceeded
against according to law, or discharged as the magistrate
or court shall determine.

Section 3. Chapter eighty-nine of the acts of the year Repeal of isea,
eighteen hundred and sixty-two is hereby repealed.

Approved April 26, 1876.

An Act to amend section one hundred and sixty-five of (JJiQr), 182

CHAPTER three HUNDRED AND SEVENTY-TWO OF THE ACTS OF -^*

THE YEAR EIGHTEEN HUNDRED AND SEVENTY-FOUR, RELATING TO
CONNECTING RAILROADS.

Be it enacted, &c., as follows :

Section 1 . When any railroad constructed since the connecting rail.
eighth day of April, eighteen hundred and seventy-two, wuh*'cSnt"o/
meets another railroad passing through the same city or
town with itself, the corporation by which either of said
railroads is owned may, with the written consent of the
board of railroad commissioners, and upon such terms as
said board shall after due hearing prescribe, enter its road
upon, unite the same with, and use the road of the other,
in conformity to the provisions of chapter three hundred
seventy-two of the acts of the year eighteen hundred and
seventy-four.

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

Approved April 26, 1876.

railroad com-
missioners.

156 1876.— Chapters 183, 184, 185.

Chap. 183 An Act to confirm the deed of assignment of george wniTE,

ACTING JUDGE OF THE COURT OF INSOLVENCY, TO WALTER N.
MASON AND EDWARD A. HUNTING, ASSIGNEES OF TUE ESTATE OF
CHARLES J. POWER, INSOLVENT DEBTOR.

Be it enacted, &c., as follows :
mlfn to .aH«7gn.' Section 1. The deed of assignment of George White,
ees confirmed, {acting jiidge of the coiirt of insolvency in and for the county
of Middlesex, to Walter N. Mason and Edward A. Hunt-
ing, assignees of the estate of Charles J. Power, insolvent
debtor, bearing date the ninth day of August, in the year
eighteen hundred and sixty-five, recorded in the Middlesex
southern district registry of deeds, book nine hundred and
fitty-three, page sixty-three, is hereby confirmed and made
valid, and shall have the same force and effect as if executed
by William A. Richardson, judge of insolvency for Middle-
sex county.

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

Approved April 26, 1S76.

Ohap. 184 An Act relating to the civil jurisdiction of the municipal

COURTS OF THE CITY OF BOSTON.

Be it enacted, &c., as follows :
tion Jf"mun'ici. Chapter one hundred and six of the acts of the year
Boston"^'*'" eighteen hundred and seventy-five shall not be con^'trued
to give the municipal courts of the city of Boston juris-
diction of transitory actions, (except suits begun by trustee
process), unless some one of the defendants lives or has
his usual place of business in the county of Sufljolk.

Ap2)roved April 26, 1876.

Chap. 185 An Act to secure greater publicity and l"^niformity in the

ACCOUNTS OF RAILROAD CORPORATIONS.

Be it enacted, &c., as follows :
Uniform fiystem SECTION 1. The boai'd of I'ailroad commissioucrs shall,

of.'iccountMto be ^ , '

prescribed for bcforc the first day of September, eighteen hundred and
seventy-six, prescribe a system upon which the books and
accounts of corporations operating railroads, or street rail-
ways, shall be kept in a uniform manner.

CommisBioncrs SECTION 2. It shall be the duty of the board of rail-

to see tliiit ac- , _ . *^ . .

counts arc kept road commissiouers, from time to time in each vear, to

in form pre- • i.i i i i i i.' 1 1 i- '

scribed. exaiiiuie the books and accounts of all corporations o])era-

ting railroads, or street railways, to see that they are kept
on the plan prescribed under authority of the preceding
section ; and statements of the doings and financial con-
dition of the several corporations shall be prepared and
published at such times as said board shall deem expedient.

1876.— Chapter 186. 157

Section 3. The board of railroad commissioners is Accountant to
hereby authorized to employ, at a compensation not ex- to" supervise
ceeding twenty-five hundred dollars a year, to be paid as ^'"^''"°'^-
provided in sections seventeen and eighteen of chapter
three hundred and seventy-two of the acts of the year
eighteen hundred and seventy-four, a person skilled in the
methods of railroad accounting, whose duty it shall be,
under the direction of said board, to supervise the method
by which the accounts of corporations operating railroads,
or street railways, are kept.

SECTiOiSr 4. On the application in writing of a director, Examination of

/. • nc^- J.^ 1. r J.^ books and finan-

or 01 any person or persons owning one-nitieth part or the ciai condition,
entire paid-in capital stock of any coi'poration operating a
railroad, or street railway, or. the bonds or other evidences
of indebtedness of such corporation equal in amount to
one-fiftieth part of its paid-in capital stock, the board of
railroad commissioners shall make an examination into the
books and financial condition of said corporation, and shall
cause the same to be published in one or more daily papers
in the city of Boston.

Section 5. The board of railroad commissioners shall Commissioners
further have, at all times, access to the list of stockholders usts of stock-
of every corporation operating a railroad, or street rail- '^°i'^^'^> ^'°-
way, and may, in their discretion, at any time, cause the
same to be copied, in whole or in part, for their own
information or for the information of persons owning stock
in such corporation.

Section 6. A corporation refusing to submit its books Penalty on cor-
to the examination of the board of railroad commissioners, Lg'^tocompiy!*
or neglecting to keep its accounts in the method prescribed
by said board under authority of this act, shall be liable to
the penalties provided in section one hundred and seventy-
four of said chapter three hundred and seventy-two of the
acts of the year eighteen hundred and seventy-four, in the
case of the neglect or refusal to make a report or return.

Apiiroved April 26, 1876.

An Act in addition to an act in relation to text books in (JJiap. 186

THE PUBLIC SCHOOLS. ^'

Be it enacted, &c., as follows :

Section 1. Section twenty-six of chapter thirty-eight school commit-
of the General Statutes is amended to read as follows : schouirrare^
The school committee in each city or town where there is bookl?*^^''^
no superintendent of schools, or some one or more of them,
for the purpose of organizing and making a careful exam-

158 , 1876.— Chapters 187, 188.

illation of the schools, and of ascertaining that the scholars
are properly supplied with books, shall visit all the public
schools in the town on some day during the first week
after the opening of such schools, and also on some day
during the two weeks preceding the close of the same, and
onc"a'*momh ^^'^^^ ^'^^ f^'"' ^^^ sauic purposes visit, without giving
without pre. prcvious uoticc thcrcof to the instructors, all the ])ul)lic

V10U9 notice to ■^ , , . , '■

teachers. schools m the towu oucc lu cach month, and they shall at

such examinations, inquire into the regulation and disci-
pline of the schools and the habits and proficiency of the
scholars.

aT^rriT ^° Section 2. Section seven of chapter forty-one of the
General Statutes is amended so that children, without
limitation as to age, may attend school in cities and towns
other than those in which their parents or guardians
reside.

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

Approved April 26, 1876.

Ohap. 187 ■^'^ -'^CT REPEALING AN ACT TO PROVIDE FOR THE LAYING OUT OF
A PUBLIC COMMON IN THE TOWN OF JLATTAPOISETT.

Be it enacted, &c., as follows :
i^epeai of 1872, SECTION 1. Chapter two hundred and fifty of the acts
of the year eighteen hundred and seventy-two is hereby
repealed.

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

Approved Ajiril 26, 1876.

Chap. 188 ^^ ^^"^ ^ ADDITION TO AN ACT RELATING TO ELECTIONS.

Be it enacted, &c,, as follows :

Provisions relating to both Cities and Toiuns.
Ballots in sealed Sectioi^ 1. The clcrk of cach city and town shall

envelopes to be . , , . . , , ,%

destroyed after rcccivc the euvclopes coiitainuiij; the ballots thrown at any

being kept the , ,. ■. -, • i i • ""' i- n . ^ ,- . •

required time, clectiou, scalecl as proviuecl HI scctious lorty and rorty-six
of chapter three hundred and seventy-six of the acts of the
year eighteen hundred and seventy-four, and shall retain
them in his care until the requirements of this act, or of
an}' act which may hereafter be passed in amendment
hereof, have been complied with; and as soon as may be
thereafter the said clerk shall cause such ballots to be
destroyed without examining them or permitting them to
be examined by any person whatsoever, and shall make an
entry in the records of the city or town that they have
been so destroyed.

1876.— Chapter 188. 159

Section 2. If within thirty days next following the Baiiotstobe

T (. ^ 1' i"ii/> retained by

day oi an election a person who received votes tor any cierkuntiia
office at said election, shall serve upon the clerk of any uou^'deter-"
city or town, by himself, his agent or attorney, a state- ™i"ed.
ment in writing claiming an election to such office, or
declaring an intention to controvert or dispute the election
of any other person who has received, or who may receive,
a certificate of election for the same, the clerk of such city
or town shall retain the envelope containing the ballots
thrown at such election, sealed as provided by law, subject
to the order of the body to which either of said persons
may claim or be held to have been elected, or until such
claim shall have been withdrawn or such election shall
have been decided by the authority competent to deter-
mine the same.

Section 3. Whenever a district for the election of a Meeting of
representative or representatives to the general court is r^p'^r'^^seTnatlve
composed of one or more Avards of a city, together with pogelTofl'town,
one or more towns, the meeting of clerks prescribed by 0*/;'^^"^'^'"^'^*
section twenty-seven of said chapter shall be held on the
Tuesday next following the day of election, instead of being
held on the day prescril)ed in said section ; and all provi-
sions of law relative to the meeting of the clerks shall apply
to their meeting so held on said Tuesday, continued by
adjournment not exceeding two days, if need be.

Provisions relating to Cities.
Section 4. If wnthin three days next following the day Disputed eiec-

^ ^ .• , 1 • c 1 i J? 1 tiong in cities.

ot any election ten or more qualihed voters ot any ward
shall tile with the city clerk a statement in writing that
they have reason to believe that the returns of the ward
officers are erroneous, specifying wherein they deem them
in error, said city clerk shall forthwith transmit such
statement to the board of aldermen or the committee
thereof appointed to examine the returns of said election.
The board of aldermen, or their committee, shall thereupon
and within five days, Sunday excepted, next following the
day of election, open the envelope and examine the ballots
thrown in said ward, and determine the questions raised ;
they shall then again seal the envelope, either with the
seal of the city, or a seal provided for the purpose, and
shall endorse upon said envelope a certificate that the same
has been opened and again sealed by them in conformity
to law ; and the envelope, sealed as aforesaid, shall be

160 1876.— Chapter 189.

returned to the city clerk. Said city clerk, upon the cer-
tificate of the board of aldermen, or of their committee,
shall alter and amend such of the ward returns as have
been proved to be erroneous, and such amended returns
shall stand as the true returns of the ward.
Result of eiec- Section 5. The board of aldermen shall not declare
bededarrd?"'^ the Tcsult of au elcctiou, uutil the time specified in the
preceding section for filing a request for a recount of bal-
lots shall have expired, or in case of such request having
been made, until the said ballots have been examined and
the returns amended, if found erroneous, any provision in
the charter of any city or in any act in amendment thereof
to the contrary notwithstanding.
Ward clerks to SECTION 6. The clcrk of each city shall cause to be

be provided with ^.,-, iiiz-i it ^ c '

suitable eeais. fumishcd to the clcrks of the several wards a seal of suit-
able device, the design for which shall include the number
or designation of the ward for which it is furnished ; and
said seal may be used in sealing the envelopes containing
the ballots thrown at any election.

Repeal. SECTION 7. Scctious forty-two and forty-seven of said

chapter are hereby repealed.

i^TT'sTe'Tss" Section 8. Section thirty-five of said chapter is
hereby amended by adding thereto, at the end thereof
" or by a recount made in conformity with the provisions
of law."

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

Apjiroved April 26, 1876.
Chap. 189 An Act to establish the polls and estates of the several

CITIES AND TOWNS IN THE COMMONWEALTH.

Be it enacted, &c., as folloios :
Po||«i^nd^^states Section 1. The uumbcr of polls, the amouut of prop-
erty, and the tax of one thousand dollars, ineliiding polls
at one-tenth of a mill each, for each city and town in the
several counties of the Commonwealth as contained in the
schedule hereto annexed, are hereby established, and shall
Basis of nppor. coustitutc a basis of apportionment for state and county
statrand county taxcs duriug the dccadc ending in the year eighteen hun-
taxes. (\yq(\. and eighty-five, unless otherwise provided by the

legislature, to wit : —

1876.— Chaptee 189.

161

Polls, Property and Apportionment of State and County
Tax of $1,000.

BARNSTABLE COUNTY.

Tax of $1,000,
includ'g J'oll3

TOWNS.

Polls.

Property.

at one-tenth
of a mill each.

BaiMistable, . . . .

1,100

12,863,099 00

$1 56

Brewster,

279

748,160 00

Chatham,

642

881,632 00

Dennis, .

792

1,646,437 00

Eastham,

177

212,633 00

Fahiionth,

672

2,661,805 00

1 37

Harwich,

858

1,103,508 00

Mashpee,

97,502 00

Orleans, .

378

620,679 00

Provincetown,

1,101

1,943,982 00

1 10

Sandwich,

756

1,442,201 00

Truro, ,

319

294,363 00

Wellfleet,

616

960,940 00

Yarmouth,

622

1,658,494 00

Total,

•

8,085

$16,835,435 00

$9 37

Barnstable
County.

BERKSHIRE COUNTY.

Berkshire
County.

Adams,

2,937

$6,686,060 00

$3 69

Alford, .

111

292,863 00

Becket, .

363

472,518 00

Cheshire,

436

1.117,018 00

Clarksburg, .

152

261,850 00

Dalton, .

324

1,371,426 00

Egremont,

254

613,063 00

Florida, .

242

191,874 00

Great Barrington, .

1,113

3,541,601 00

1 91

Hancock,

165

459,607 00

Hinsdale,

468

858,134 00

Lanesborough,

423

781,820 00

Lee,

899

2,027,731 00

1 12

Lenox, .

476

1,477,811 00

Monterey,

197

280,736 00

Mount Washington,

78,989 00

New Asht'ord, .

94,201 00

New Marlborough,

470

847,278 00

Otis,

212

279,926 00

Peru,

128

151,765 00

Pittsfield,

2,841

9,402,069 00

5 06

Richmond,

304

693,554 00

Sandistield,

306

432,851 00

Savoy, .

187

213,764 00

162

1876.— Chapter 189.

BERKSHIRE COUNTY— Continded.

TOWNS.

Property.

Tax of $1,000,
includ'g Polls
at one-tenth
of a mill each.

Sheffield,
Stockbridge, .
Tyrin2:ham,
Washin<2;ton, ,
West Stock liridge,
Willianistown,
Windsor,

Total,

540
520
137
161
513
741
162

15,906

^1,215,178 00

2,993,700 00

265,444 00

248,026 00

881,894 00

1,894,373 00

224,014 00

$40,250,128 00

67
57
15
14
50
04
13

S_>2 04

Bristol County.

BRISTOL COUNTY.

Acushnet, ....

268

$623,980 00

$0 34

Attleborough,

2,366

4,627,974 00

2 59

Berkley, .

207

316,967 00

Dartmouth,

750

1,909,515 00

1 05

Dighton, .

433

846,659 00

Easton, .

993

3,063,753 00

1 66

Fairhaven,

714

1,608,404 00

Fall River,

11,118

50,382,058 00

26 71

Freetown,

316

770,047 00

Mansfield,

671

1,187,158 00

New Bedford,

5,930

27,528,048 00

14 58

Norton, .

432

875,357 00

Raynham,

426

1,290,699 00

Rehoboth,

450

820,551 00

Seekonk,

262

641,638 00

Somerset,

478

1,083,109 00

Swanzey,

307

702,963 00

Taunton,

5,352

17,773,864 00

9 57

West^jort,

702

1,483,918 00

Total,

•

32,175

$117,536,662 00

$G2 94

Dukes County.

Chilmark,
Edgartown,
Gay Head,
Gosnold, .
Tisbury, .

Total,

DUKES COUNTY.

166

511

419

1,164

$297,423 GO

1,816,506 00

11,834 00

184,925 00

710,558 00

$3,021,246 00

|0 17
97
01
10
40

$1 6o

1876.— Chapter 189.

163

ESSEX COUNTY.

Esses County.

Tax of $1,000,

iiicluU'g Tolls

TOWNS.

Polls.

Property.

at one-tenth
ofa mill each.

Amesbury, ....

988

$1,802,007 00

$1 02

Andover,

1,105

4,009,874 00

2 15

Beverly, .

2,202

8,931,663 00

4 76

Boxford, .

241

617,568 00

Bradford,

567

1,423,243 00

Danvers, .

1,898

3,928,544 00

2 14

Essex,

46-t

982,931 00

Georgetown,

651

1,047,714 00

Gloucester,

3,390

9,166,267 00

5 00

Groveland,

540

874,444 00

Hamilton,

200

543,936 00

Haverhill,

4,226

10,984,538 00

6 00

Ipswich, .

880

2,211,187 00

1 21

Lawrence,

7,728

23,329,454 00

12 63

Lynn,

8,419

27,713,391 00

14 92

Lynn field,

200

841,885 00

Manchester,

471

1,830,385 00

Marblehead,

2,130

4,247,711 00

2 37

Merrimac,

705

968,845 00

Methuen,

1,038

2,429,809 00

1 34

Middleton,

237

475,582 00

Nahant, .

169

8,119,833 00

4 14

Newbury,

312

1,062,203 00

Newburyport,

3,208

7,975,814 00

4 37

North Andover,

796

2,278,826 00

1 24

Peabody, .

2,168

6,763,364 00

3 65

Roekport,

1,097

2,184,509 00

1 22

Rowley, .

309

562,950 00

Salem,

6,271

27,674,630 00

14 69

Salisbury,

1,200

2,189,333 00

1 23

Saugus, .

632

1,888,960 00

1 02

Swampscott,

612

2,695,681 00

1 43

Topsfield,

307

783,413 00

Wenham,

232

609,392 00

West Newbury,

532

1,122,416 00

Total,

•

55,625

$174,272,302 00

$94 13

FRANKLIN COUNTY.

Ashfield,

342

$544,556 00

$0 31

Bernardston, .

243

426,528 00

Buckland,

461

693,489 00

Charlemont, .

260

356,808 00

Colrain, .

397

695,501 00

Conway, .

378

836,555 00

Deerfield, ....

808

1,710,340 00

Franklin
County.

164

1876.— Chapter 189.

FRANKLIN COUNTY— Continued.

Hampden
County.

Tax of $1,000,

iiiclud'g Polls

TOWNS.

Polls.

Property.

at one-tenth
ofa mill each.

Erving,

249

$346,218 00

$0 20

Gill,

193

502,043 00

Greenfield,

929

3,300,622 00

1 77

Hawley, .

•

159

157,354 00

Heath,

149

191,401 00

Leverett, .

224

333,626 00

Leydeu, .

111

228,748 00

Monroe, .

43,214 00

Montao;ne,

803

2,100,063 00

1 15

New Saleni,

262

325,395 00

Northfield,

433

757,180 00

Orange, .

860

1,584,615 00

Rowe,

147

174,826 00

Shelburne,

380

973,093 00

Shutesbury,

144

166,806 00

Sunderland,

217

482,846 00

Warwick,

224

298,435 00

Wendell, .

133

171,910 00

Whately, .

283

820,401 00

Total,

8,833

$18,122,573 00

$10 08

HAMPDEN COUNTY.

Agawam, ....

695

$1,277,089 00

$0 71

Blandford,

253

407,798 00

Brimfield,

302

593,247 00

Chester, .

374

533,469 00

Chicopee,

2,522

5,861,559 00

3 23

Granville,

322

404,157 00

Holland, .

122,299 00

Holyoke, .

3,559

10,631,605 00

5 76

Longmeadow,

402

1,417,694 00

Ludlow, .

307

648,863 00

Monson, .

755

1,441,257 00

Montgomery, .

141,298 00

Palmer, .

1,006

1,854,962 00

1 04

Russell, .

163

430,520 00

Souihwick,

300

635,669 00

Springfield,

8,160

41,742,118 00

22 03

Tolland, .

128

236,400 00

Wales, .

276

429,799 no

Westfield,

2,439

7,337,548 00

3 97

West Springfield,

970

3,081,937 00

1 66

Wilbrahain, .

591

964,846 00

. 55

Total,

•

23,588

$80,094,133 00

$43 05

1876.— Chapter 189.

165

HAMPSHIRE COUNTY.

Hampshire
Couuty.

Tax of $1,000,

iiicliid'g Polls

TOWNS.

Polls.

Property.

at one-tenth
of a mill each.

Amherst, . . .

937

$2,588,314 00

$1 41

Belchertown,

673

1,069,399 00

Chesterfield,

207

320,022 00

Cunimington,

261

428.422 00

Easthampton,

793

2,623,493 00

1 41

Enfield, .

304

772,795 00

Goshen, .

124,888 00

Granby, .

219

618,965 00

Greenwich,

186

307,347 00

Hadley, ,

582

1,473,127 00

Hatfield, .

409

1,323,563 00

Huntington,

250

619,007 00

Middlefield,

158

386,722 00

Northampton,

2,423

7,857,455 00

4 23

Pelham, .

157

160,807 00

Plainfield,

158

216,125 00

Prescott, .

182

195,335 00

South Hadley,

713

1,921,344 00

1 05

Southampton,

274

497,224 00

Ware,

950

1,926,153 00

1 07

Westhampton,

116

294,347 00

Williamsburg,

565

1,378,175 00

Worthington, .

220

342,834 00

Total,

•

10,682

$27,245,863 00

$14 90

MIDDLESEX COUNTY.

Acton,

472

$1,325,424 00

$0 72

Arlington,

1,009

6,377,689 00

3 34

Ashby, ,

280

645,364 00

Ashland, .

669

1,468,016 00

Ayer,

537

1,092,883 00

Bedford, ,

253

760,901 00

Belmont, .

635

4,305,961 00

2 24

Billerica, .

490

1,771,662 00

Boxborough,

271,701 00

Burlington,

195

530,794 00

Cambridge,

11,983

66,081,126 00

34 77

Carlisle, .

164

381,-350 00

Chelmsford,

642

1,504,912 00

Concord, .

713

8,157,531 00

1 68

Dracut, .

335

1,045,853 00

Dunstable,

138

340,832 00

Everett, .

927

4,380,269 00

2 32

Framingham,

1,448

4,845,885 00

2 61

Middlesex
County.

166

1876.— Chapter 189.

IVnDDLESEX COUNTY— Continued.

Tax of $1,000,

includ'g Polls

TOWNS.

Polls.

Property.

at one-tenth
of a mill each.

Groton,

407

$2,306,032 00

$1 22

Holliston,

i*;32

1,863,695 00

1 04

Hopkinton,

1,056

2,319,.537 00

1 28

Hudson, .

953

1,687,492 00

Lexington,

7;u

3,067,692 00

1 63

Lincoln, .

235

881,382 00

Littleton,

245

775,066 00

Lowell, .

11,336

39,300,500 00

21 10

Maiden, .

2,570

9,731,455 00

5 20

Marlborough, .

2,082

3,285,860 00

1 88

Maynard,

518

1,336,342 00

Medford, .

1,785

9,736,661 00

5 13

Melrose, .

1,039

4,473,067 00

2 38

Natick, .

1,864

3,708,110 00

2 07

Newton, .

3,917

30,867,560 00

16 08

North Reading,

265

449,198 00

Pepperell,

551

1,457,142 00

Reading, .

882

2,377,630 00

1 30

Sherborn,

281

927,158 00

Shirley, .

318

975,348 00

Somerville,

5,341

29,334,350 00

15 44

Stoneham,

1,350

3,129,181 00

1 72

Stow,

274

714,050 00

Sudbury, .

337

1,043,080 00

Tewksbury, .

286

929,408 00

Townsend,

613

776,758 00

Tyngsborough,

161

309,502 00

Wakefield,

1,484

4,706,056 00

2 54

Wallliam,

2,552

10,257,698 00

5 47

Watertown, .

1,285

8,170,369 00

4 28

Wayland,

452

1,131,363 00

Westt'ord,

517

1,115,088 00

Weston, . '

345

1,737,649 00

Wilmington, .

255

542,091 00

Winchester, .

849

4,781,527 00

2 51

Woburn, .

2,924

8,767,630 00

4 75

Total,

•

71,928

$299,160,880 00

$159 20

Nantucket
County.

Nantucket,

NANTUCKET COUNTY.

U 33

1876.— Chapter 189.

167

NORFOLK COUNTY.

Norfolk County.

Tax of $1,000,

Includ'g I'oUs

TOWNS.

Polls,

Property.

at one- tenth
of a mill each.

Bellingliam, ....

329

$531,926 00

$0 30

Braintree,

1,077

2,733,625 00

1 50

Brookline,

1,728

30,769,194 00

15 81

Canton, .

958

3,242,254 00

1 74

Cohasset,

663

2,411,466 00

1 28

Dedham, .
Dover,

1,542
170

6,250,090 00
444,801 00

3 33

Foxborougli,

781

1,761,058 00

Franklin,

717

1,486,788 00

Holbrook,

496

1,598,675 00

Hyde Park,
Medfield,

1,609
310

6,545,203 00
1,043,036 00

3 49
56

Medway,.

974

1,825,077 00

1 02

Milton, .

731

8,275,712 00

4 28

Needliam,

1,166

4,576,394 00

2 44

Norfolk, .

330

539,881 00

Norwood,

503

1,759,652 00

Quincy, .

2,414

7,203,329 00

3 90

Randolph,

1,169

2,471,764 00

1 37

Sharon, .

384

966,313 00

Stoughton,

1,264

2,487,872 00

1 39

Walpole, .

556

1,533,404 00

Weymouth,

2,729

6,119,045 00

3 38

Wrentham,

580

1,160,069 00

Total,

•

23,080

$97,736,628 00

$51 95

PLYMOUTH COUNTY.

Plymouth

County.

Abington, . . . .

1,018

$1,657,879 00

$0 94

Bridgewater, .

989

2,620,298 00

•1 43

Brockton,

2,894

5,590,721 00

3 13

Carver, .

265

597,290 00

Duxbury,

680

1,340,538 00

East Bridgewater,

787

1,367,826 00

Halifax, .

169

291,943 00

Hanover,

469

985,625 00

Hanson, .

863

572,791 00

Hingham,

1,234

3,590,222 00

1 95

Hull,

617,251 00

Kingston,

452

1,748,679 00

Lakeville,

305

672,735 00

Marion, .

232

489,064 00

Marshfield,

502

978,188 00

Mattapoisett, .

343

1,266,062 00

Middleborough,

1,388

2,556,523 00

1 44

168

1876.— Chaptee 189.

PLYMOUTH COUNTY— Continued.

Tax of $1,000,

includ'g Polls

TOWNS.

Polls.

Property.

at one-tenth
ofa mill each.

Pembroke, ....

398

$714,449 00

$0 40

Plymouth,

1,633

4,565,865 00

2 48

Plympton,

197

310,817 00

Rochester,

289

493,931 00

Rockland,

1,152

2,030,697 00

1 15

Scituate, .

651

1,461,254 00

South Abington,

686

1,393,904 00

South Scituate,

475

1,129,694 00

Wareham,

761

1,124,248 00

West Bridgewater,

461

923,115 00

Total,

18,874

$40,991,609 00

^22 73

Suffolk County.

Boston, .
Chelsea, .
Revere, .
Winthrop,

Total,

SUFFOLK COUNTY.

84,684

6,374

404

167

90,629

$795,638,935 00

18,270,619 00

1,971,955 00

1,074,126 00

$816,955,635 00

$412 74

9 82

1 04

§424 16

Worcester
County.

WORCESTER COUNTY.

Ashburnham, ....

650

$1,112,682 00

$0 63

Athol,

1,179

2,855,548 00

1 67

Auburn, .

284

690,426 00

Barre,

698

1,956,812 00

1 06

Berlin,

283

489,691 00

Blackstone,

1,049

2,143,923 00

1 19

Bolton, .

283

556,372 00

Boylston,

214

681,069 00

Brookfield,

745

1,411,318 00

Charlton,

501

1,003,629 00

Clinton, .

1,591

4,548,192 00

2 47

Dana,

206

290,184 00

Douglas, .

607

922,375 00

Dudley, .

619

1,039,645 00

Fitchburg,

3,733

13,217,220 00

7 09

Gardner, .

1,135

2,103,023 00

1 18

Grafton, .

1,000

1,950,459 00

1 09

Hardwick,

601

1,093,452 00

Harvard, .

348

1,131,722 00

Holden, .

520

982,204 00

1876.— Chapter 189.

169

WORCESTER COUNTY— Continued,

Tax of $1,000,

incliid'g Polls

TOWNS.

PoUs,

Property.

at one- tenth
of a mill each.

Hubbardston, ....

420

$883,049 00

|0 49

Lancaster,

423

2,412,592 00

1 27

Leicester,

713

2,194,297 00

1 19

Leominster, .

1,473

3,941,878 00

2 15

Lunenburg,

307

785,049 00

Mendon, .

316

659,572 00

Milford, .

2,700

6,107,290 00

2 86

Millbury,

1,050

2,680,798 00

1 47

New Braintree,

154

501,115 00

Nortliborough,

385

1,321,153 00

Nortlibridge, .

900

2,282,644 00

1 25

North Brookfield, .

1,048

1,848,489 00

1 04

Oakham, .

230

347,879 00

Oxford, .

800

1,629,766 00

Paxton, .

174

321,911 00

Petersham,

290

713,469 00

Phillipston,

189

317,555 00

Princeton,

314

932,909 00

Royalston,

345

760,526 00

Rutland, .

254

460,895 00

Shrewsbuiy,

426

1,157,279 00

Southborough,

545

1,401,967 00

Southbridge,

1,235

3,210,879 00

1 75

Spencer, .

1,262

2,786,234 00

1 64

Sterling, .

439

1,166,371 00

Sturbridge,

675

1,140,047 00

Sutton, .

688

1,469,105 00

Templeton,

755

1,314,781 00

Upton,

603

869,936 00

49 ^

Uxbridge,

686

1,872,264 00

1 02

Warren, .

796

1,657,419 00

Webster, .

1,359

2,486,999 00

1 40

Westborough,

1,049

2,448,983 00

1 35

West Boylstor

665

1,161,436 00

West Brookfie

Id,

442

848,347 00

Westminster,

443

874,917 00

Winchendon,

1,041

2,246,237 00

1 24

Worcester,

13,341

63,488,687 00

28 61

Total,

•

54,881

$151,474,149 00

$82 47

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

Approved Aptril 27, 1876.

170

1876.— Chapter 190.

Senatorial
districts.

Cape District.

Third Bristol
District.

Second Bristol
District.

First Bristol
District.

Chaj). 190 An Act to divide the commonwealth into forty districts

FOR THE CHOICE OF SENATORS.

Be it enacted, &c., as follows :

Section 1. For the purpose of choosing senators until
the next decennial census, the Commonwealth is hereby
divided, agreeably to the provisions of the constitution,
into forty districts, as hereinafter specified.

Section 2. The towns in the counties of Barnstable,
Dukes county and Nantucket shall constitute a district, to
be known as the Cape District.

Section 3. The county of Bristol is divided into three
districts, as follows : —

The city of New Bedford and the towns of Acushnet,
Dartmouth, Fairhaven, Freetown and Westport, shall
constitute a district, to be known as the Third Bristol
District.

The city of Fall River and the towns of Berkley, Digh-
ton, Rehoboth, Somerset and Swanzey, shall constitute a
district, to be known as the Second Bristol District.

The city of Taunton and the towns of Attleborough,
Easton, Mansfield, Norton, Raynham and Seekonk, shall
constitute a district, to be known as the First Bristol
District.

Section 4. The county of Plymouth (together with
the town of Cohasset in the county of Norfolk) is divided
into two districts, as follows : —

The towns of Carver, Duxbury, Halifax, Hanson, Kings-
ton, Lakeville, Marion, Mattapoisett, Mlddleborough,
Marshfield, Plymouth, Plympton, Pembroke, Rochester,
Scituate, South Scituate and Warcham, shall constitute a
district, to be known as the First Plymouth District.

The towns of Abington, Bridgewater, Brockton, Cohas-
set, East Bridgewater, Hingham, Hull, Hanover, Rockland,
South Abington and West Bridgewater, shall constitute a
district, to be known as the Second Plymouth District.

Section 5. The county of Norfolk (exclusive of the
town of Cohasset) is divided into two districts, as follows : —

The towns of Braintree, Canton, Holbrook, iSlilton,
Quincy, Randolph, Stoughton and "\Ve3'mouth, in the
county of Norfolk, shall constitute a district, to be known
as the First Norfolk District.

The towns of Belliiigham, Brookline, Dedham, Dover,
Franklin, Foxborough, Hyde Park, Mcdway, ^ledfield,
Norfolk, Needham, Norwood, Sharon, Wrentham and

First Plymouth
District.

Second Plym-
outh District.

First Norfolk
District.

Second Norfolk
District.

1876.— Chapter 190. 171

Walpole, in the county of Norfolk, shall constitute a dis-
trict, to be known as the Second Norfolk District.

Section 6. The county of Suffolk is divided into eight
districts, as follows : —

The city of Chelsea, the towns of Revere and Winthrop, First Suffolk
and the wards numbered one and two in the city of Boston,
shall constitute a district, to be known as the First Suffolk
District.

The wards numbered three, four and five, in the city of second Suffolk

111 • T • 11 1 District.

Boston, shall constitute a district, to be known as the
Second Suffolk District.
The wards numbered six, seven and eifijht, in the city of ^^'54 Suffolk

T-. 1 11 • T • 11 I District.

Boston, shall constitute a district, to be known as the
Third Suffolk District.

The wards numbered nine, ten, eleven and twelve, in the Fourth Suffolk
city of Boston, shall constitute a district, to be known as
the Fourth Suffolk District.

The wards numbered thirteen, fourteen and fifteen, in Fifth Suffolk
the city of Boston, shall constitute a district, to be known
as the Fifth Suffolk District.

The wards numbered sixteen, seventeen and eio^htecn, sixth suftoik

o ' District.

in the city of Boston, shall constitute a district, to be
known as the Sixth Suffolk District.

The wards numbered nineteen, twenty and twenty-one, seventh Suffolk
in the city of Boston, shall constitute a district, to be
known as the Seventh Suffolk District.

The wards numbered twenty-two, twenty-three and Eighth Suffolk

X)idtrict

twenty-four, in the city of Boston, shall constitute a district,
to be known as the Eio;hth Suffolk District.

o ...»

Section 7. The county of Essex is divided into six
districts, as follows : —

The city of Lynn and the towns of Nahant, Saugus and First Essex
Swampscott, shall constitute a district, to be known as the
First Essex District.

The city of Salem and the towns of Marblehead, Pea- f^'^.^^Jj^j^*^^^
body and Lynnfield, shall constitute a district, to be
known as the Second Essex District.

The city of Gloucester and the towns of Rockport, Third Essex
Essex, Manchester, Beverly, Hamilton and AYenham,
shall constitute a district, to be known as the Third Essex
District.

The city of Newburyport and the towns of Newbury, Fourth Essex
Rowley, Ipswich, Salisbury, Amesbury and West Newbury,
shall constitute a district, to be known as the Fourth Essex
District.

172

1876.— Chapter 190.

Fifth Essex
District.

Sixth Essex
District.

First ^^ill(.llesex
District.

Si'cnnd Middle-
sex District.

Tliird Middlesex
District.

Fourth Middle-
sex District.

Fifth Middlesex
District.

Sixth Middlesex
Disyict.

Seventh Middle,
sex District.

First "Worcester
District.

Second Worces-
ter District.

The city of Haverhill and the towns of Bradford, Grove-
land, Boxford, Middleton, Georgetown, Topstield and
Danvers, shall constitute a district, to be known as the
Fifth Essex District.

The city of Lawrence and the towns of Methuen,
Andover and North Andover, shall constitute a district, to
be known as the Sixth Essex District.

Section 8. The county of Middlesex is divided into
seven districts, as follows : —

The city of Somerville and the towns of Everett, Maiden
and Medford, shall constitute a district, to be known as
the First Middlesex District.

The city of Newton and the towns of Arlington, Bel-
mont, Lexington, Waltham and Watertowu, shall con-
stitute a district, to be known as the Second Middlesex
District.

The city of Cambridge shall constitute a district, to be
known as the Third Middlesex District.

The towns of Ashland, Framingham, Holliston, Hop-
kinton, Marlborough, Natick, Sherborn, Wayland and
Weston, shall constitute a district, to be known as the
Fourth Middlesex District.

The towns of Acton, Ashby, Ayer, Boxborough, Car-
lisle, Chelmsford, Concord, Dracut, Dunstable, Groton,
Hudson, Lincoln, Littleton, Maynard, Pepperell, Shirley,
Stow, Sudbury, Townsend, Tyngsborough and Westford,
shall constitute a district, to be known as the Fifth Middle-
sex District.

The towns of Bedford, Billerica, Burlington, Melrose,
North Reading, Reading, Stoneham, Tewksbury, Wake-
field, Wilmington, Winchester and Woburn, shall con-
stitute a district, to be known as the Sixth Middlesex
District.

The city of Lowell shall constitute a district, to be
known as the Seventh Middlesex District.

Section 9. The county of Worcester is divided into
five districts, as follows : —

The city of Worcester shall constitute a district, to be
known as the First Worcester District.

The towns of Blackstone, Boylston, Douglas, Grafton,
Mendon, Milford, Northborough, Northbridge, Shrews-
bury, Southborough, Upton, Ux bridge and Wcstborough,
shall constitute a district, to be known as the Second
Worcester District.

1876.— Chapter 190. 173

The towns of Auburn, Brookfielcl, Charlton, Dudley, ^^^'^I^^J^^J^^^-
Leicester, Millbury, Oxford, Southbridge, Spencer, Stiir-
bridge, Sutton, Warren, Webster and West Brookfield,
shall constitute a district, to be known as the Third
Worcester District.

The towns of Athol, Barre, Dana, Gardner, Hardwick, Fourth Worces.

ter X)istricta

Holden, Hubbardston, New Braintree, North Brookfield,
Oakham, Paxton, Petersham, Phillipston, Royalston, Rut-
land, Templeton and Winchendon, shall constitute a dis-
trict, to be known as the Fourth Worcester District.

The city of Fitchburg, and the towns of Ashburnham, Fifth Worcester

. . . District.

Berlin, Bolton, Clinton, Harvard, Lancaster, Leominster,
Lunenburg, Princeton, Sterling, Westminster and West
Boylston, shall constitute a district, to be known as the
Fifth Worcester District.

Section 10. The county of Hampden is divided into
two districts, as follows : —

The city of Sprino;field and the towns of Brimfield, Hoi- First Hampden

District

land, Monson, Palmer, Wales and Wilbraham, shall con-
stitute a district, to be known as the First Hampden
District.

The city of Holyoke and the towns of Agawam, Bland- second H.amp.
ford, Chester, Chicopee, Granville, Longmeadow, Ludlow,
Montgomery, Russell, Southwick, Tolland, Westfield and
West Springfield, shall constitute a district, to be known
as the Second Hampden District.

Section 11. The towns in the county of Hampshire Hampshire
shall constitute a district, to be known as the Hampshire
District.

Section 12. The towns in the county of Franklin Fiankiin
shall constitute a district, to be known as the Franklin
District.

Section 13. The county of Berkshire is divided into
two districts, as follows : —

The towns of Adams, Cheshire, Clarksburg, Dalton, North Berkshire
Florida, Hancock, Hinsdale, Lauesborough, New Ashford, '^ ™ '
Peru, Pittsfield, Savoy, Williamstown and Windsor, shall
constitute a district, to be known as the North Berkshire
District.

The towns of Alford, Becket, Egremont, Great Bar- South Berkshire
rington, Lee, Lenox, Monterey, Mount Washington, New
Marlborough, Otis, Richmond, Sandisfield, Sheffield, '
Stockbridge, Tyringham, Washington and West Stock-
bridge, shall constitute a district, to be known as the
South Berkshire District.

174 1876.— Chapters 191, 192, 193.

Elections during Section 14. Ill casG a iiew electioii is ordered durino^

the present year. i..i r.ii • ly j.

the present political year, to fill any vacancy in the senate,
said election shall be held in the district which elected the
senator whose place is vacant, notwithstanding anything
in this act.

Section 15. This act shall take effect upon its passage.

Ap2)roved April 27, 1876.

Chap. 191 -A.N Act to amend an act incorpouating the old colony

AVHAKF COMPANY.

Be it enacted, &c., as folloivs :
m2"2uTV° ^^^^^*^^ ■'■• Section three of chapter two hundred and
forty-four of the acts of the year eighteen hundred and
seventy-three is hereby amended l)y adding the following
words : or until the real estate now or formerly owned
by the Boston Land and Wharf Improvement Company
shall be deeded to said corporation.

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

Ajyproved April 27, 1876.

Chap. 192 Ax Act concerning the election of town officers in

WILLIAMSTOWN.

Be it enacted, &c., as follows :
Election of town Section 1. The election of moderator and town officers

officers con- , , . -.-ir-ii- i i i i

firmed. m the annual town meeting in U illiamstown held on the

twentieth day of March last past, so far as said election
may appear illegal for the reason that the check-list was
not used in said election, is ratified and confirmed, and
the same shall be taken and deemed good and valid in law
to all intents and purposes whatsoever.

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

Ap2)roved Aptril 27, 1876.

Chap. 193 ^^ Act to confer a veto power on the mayors of cities.

Be it enacted, &c., as follows:
Vetopowercon- Section 1. Evcry Ordinance, order, resolution or vote
mayors of cities, to which the concurreuce of the l^oard of aldermen and of
the common council of any city may be necessary, except
on a question of a convention of the two branches or the
election of any officer, and every order of either branch of
the city council, involving the expenditure of money, shall
be presented to the mayor of the city. If he approves
thereof, he shall signify his approval by signing 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

1876.— Chapters 194, 195. 175

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 con-
current 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 ordinance,
order, resolution or vote is not returned by the mayor
within ten days after it has been presented to him, the
same shall be in force.

Sectiox 2. In any city where the mayor acts as pre- Mayor not to
siding officer of the board of aldermen he shall have no I'^-elideslt
right to vote, and the board of aldermen of any such city board of awer-

meu.

may elect one of their number as president, who shall
preside at all meetings of the board in the absence of the
mayor, anything in the charter of such city or in any act
in amendment thereof to the contrary notwithstanding.

Section 3. Chapter one hundred and thirty-nine of J^^p'^'^i of i^' 3,
the acts of the year eighteen hundred and seventy-three is
hereby repealed. Approved April 27, 1876.

An Act to extend the time for completing the new state QJiap, 194

PRISON. *

Be it enacted, &c., as folloios :

The time fixed in chapter one hundred and fifty-five of Time extended
the acts of the year eighteen hundred and seventy-three o'" '=°™p «'^'°"-
for completing the new state prison, is hereby extended
two years : provided, that the commissioners for the erec- commissioners
tion of said prison may make such changes in the plans S^s'in
therefor as may improve said prison without increasing the p'*"^-
expense of constructing the same ; such changes to be
approved by the governor and council.

Approved April 27, 1876.

An Act to establish the police court op the city of newton. Qhap, 195
Be it enacted, &c., as follows :

Section 1. A police court is hereby established in poUce court
Newton, under the name of the police court of Newton; NewtoL^
and said city shall constitute a judicial district under the
jurisdiction of said court. Said court shall have the same

176

1876.— Chapter 195.

Powers and
duties.

One standing
justice and two
special justices.

Clerlr to be
appointed by
governor.

Salaries of jus-
tice and clerlj.

Terms of court.

Proceedings
commeiioLHl
bi-fore trial jus-
tices, etc., to be
prosecuted, etc.

jurisdiction, power and authority, shall perform the same
duties, and be subject to the same regulations as are pro-
vided in respect to existing police courts, except the
municipal court of Boston and the municipal court of
Worcester, by chapter one hundred and sixteen of the Gen-
eral Statutes and by all general laws passed in amendment
thereof, applicable to the several police courts of the
Commonwealth ; and all provisions of law relating to civil
and criminal proceedings, the taxation of costs, the pay-
ment of fines, the expenses of court, the accounting and
settling with the count}' and town treasurers for the money
paid into court as forfeitures and otherwise, and the re-
quired returns applicable to the several police couits,
except those before mentioned, shall apply to the police
court of Newton.

Section 2. Said court shall consist of one slandins:
justice and two special justices, to be appointed, commis-
sioned and qualified, pursuant to the constitution and laws.

Section 3. There shall be a clerk of said court, who
shall, in the first instance, be appointed and commissioned
by the governor, and shall hold his oflice until a successor
is chosen and qualified, as is provided by law in the case
of clerks of police courts ; and all vacancies in said ofiSce,
caused by removal or otherwise, shall be filled as is pro-
vided by law in like cases.

Section 4. The standing justice of said court shall
receive an annual salary of twelve hundred dollars, to be
paid from the treasury of the Commonwealth. The com-
pensation of the special justices, for duties performed by
them, shall be such as is provided by law in similar cases.
The clerk of said court shall receive an annual salary of
nine hundred dollars, to be paid from the treasury of the
Commonwealth.

Section 5. The court shall bo held at the city hall in
Newton, every day except on Sundays and legal holidays,
for criminal business, and for civil business once each week
and oftener if said standing justice shall see fit.

Section 6. All proceedings duly commenced before
any trial justice or justice of the peace for the county of
Middlesex, within said district, before this act shall take
full effect, shall be prosecuted and determined as if this
act had not been passed.

Section 7. Either of the justices of said court may
issue warrants in all proper cases. No justice of the peace

1876.— Chapters 196, 197. 177

shall hereafter be allowed any fees for warrants issued Justices of peace

.,. .■,-,., ■, 1/. /Y» •iii- not to receive

Within said district or elsewhere, for oriences committed in fees for issuing
said district ; and all warrants so issued shall be made
returnable before said court.

Section 8. So far as the appointing, commissioning when to take
and qualifying the standing justice and special justices and
the clerk of said court are concerned, this act shall take
effect upon its passage ; and it shall take full effect in sixty
days from its passage. Ajjproved April 27, 1876.

An Act to abolish trials by jury in municipal, district and QJiaj), 196

POLICE courts, and BEFORE JUSTICES OF THE PEACE. "* *

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

Section 1. Trial by jury in civil actions or other pro- Tnaisbyjury
ceedings before municipal, district and police courts and cou°ts.^tc'.r
justices of the peace, is hereby abolished. abolished.

Section 2. Any party aggrieved by a decision of a Right of appeal.
cause, by any police, district or municipal court, may
appeal therefrom to the superior court in the same manner
provided for appeals to the superior court from decisions
of justices of the peace, except as is provided by chapter
three hundred and fifteen of the acts of the year eighteen
hundred and seventy-one for appeals from the municipal
courts of the city of Boston.

Section 3. No deputy sheriff, constable or other officers not to
officer shall receive any compensation for any services in at^t^fiance.
attending the sessions of any police or district court, except
such as he may be entitled to receive by law for the service
of any process which he by law may be required to serve.

Section 4. This act shall take effect the first day of
June next. Approved April 27, 1876.

An Act concerning the admission of persons to practice as Qkap. 197

ATTORNEYS AT LAW. ■^*

Be it enacted, &c., as follows :

Section 1. A citizen of this state, or an alien who has Admission to
made the primary declaration of his intention to become a attorney^-at-
citizen of the United States, and who is an inhabitant of ''"^' "i;°" ^^*

, ' amination.

this state, of the age ot twenty-one years and of good
moral character, may on the recommendation of an attor-
ney, petition the supreme judicial court or superior court
to be examined for admission as an attorney, whereupon
the court shall assign a time and place for the examination,
and if satisfied with his acquirements and qualifications he
shall be admitted.

178

1876.— Chapters 198, 199.

Salary of clerk
establisbad.

Compensation
of assistants.

Kepcai^ofG. s. SECTION 2. Sectioiis tweiity-eight and twenty-nine of
chapter one hundred and twenty-one of the General Stat-
utes are hereby repealed. Approved April 27, 1876.

C?iap. 198 An Act to fix the salary of the clerk of the second

DISTRICT COURT OF BRISTOL.

Be it enacted, &c., as follows :

Section 1. The clerk of the second district court of
Bristol shall receive one thousand eight hundred dollars
per annum, in full compensation for his own services aud
those of his assistants, commencing with the first day of
January in the present year.

Section 2. The county treasurer of the county of
Bristol shall pay to the present clerk of said court the
sum of seven hundred and ninety-two dollars, to reim-
burse said clerk for moneys paid by him to his assistants
up to the first day of said January, under the direction of
the justice of said court and with the advice of the district
attorney.

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

Aj)proved AinHl 27, 1876.

CJiap. 199 An Act to authorize in certain cases the mortgage of real

estate held in trust.
Be it enacted, &c., as follows:

Section 1. The court having jurisdiction of any trust
created by will or other written instrument, when it shall
appear to the court to be for the interest of the trust
estate, may on petition, notice, unless dispensed with, and
hearinor, authorize the trustee or trustees to inortgaije the
real estate or any part thereof, of which they are seized or
possessed, for the purpose of paying any lien or mortgage
on such estate or any part thereof, or to make an agree-
ment for the extension or renewal of any mortgage already
subsisting thereon.

Section 2. In such case the court shall prescribe the
maximum rate of interest, and may order the interest, and
the whole or any part of the principal of the mortgage to
be paid from time to time out of the income of the estate
mortgaged, and may further order the trustee or trustees
to give bonds, unless exempted therefrom by the laws
relatino: to the sjivinsf of bonds in like cases.

Section 3. A mortgage made under license of court
by a trustee or trustees, shall set forth that it is so made,
and the date of the license.

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

Approved April 27, 187G.

Real estate held
in trust may be
mortgaged by
permission of
the court.

Maximum rate
of iiit<;re8t, etc.

License to be
set forth in
mortgage.

1876.— Chapters 200, 201. 179

An Act relating to the appointment of special admin- Chap. 200

ISTRATOKS.

Be it enacted, <fcc., as folloivs :

Section 1. At any timo and place, the judge of a spedai admin.
probate court having jurisdiction of the matter, may in be appointed.
his discretion appoint, either with or without notice to
the parties interested, a special administrator to collect
and preserve the effects and estate of a deceased person.

Section 2. Every such administrator, before entering To give bonds.
upon the duties of his trust, shall give bond with sufficient
surety or sureties, in such sum as the judge shall order,
payable to the judge and his successors, with condition
that he will make and return into the probate court within
such time as the judge shall order, a true inventory of all
the goods, chattels, rights and credits of the deceased,
which have or shall come to his possession or knowledge,
and that he will truly account on oath for all the goods,
chattels, debts and effects of the deceased, that shall be
received b}'^ him as such special administrator, whenever
required by the probate court, and will deliver the same
to the person who shall be appointed executor or adminis-
trator of the deceased, or to such other person as shall be
lawfully authorized to receive the same.

Section 3. All the provisions of sections six, seven, provisions of
eight, nine, ten, eleven, twelve and thirteen of chapter ^•app^iy'.^^^'^^
ninety-four of the General Statutes shall be applicable,
except as hereinbefore provided, to any special adminis-
trator appointed by virtue of this act.

Section 4. Any appointment, decree or order made Appointment,
under the provisions of this act, shall be entered forthwith teied uponTte
on the records of the court. '■"'°'"'^'-

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

Aiiproved Ajjril 27, 1876.

An Act in relation to calling meetings of the stock- Chap. 201

holders of railroad corporations.
Be it enacted, &c., as follows :

Section 1. The president of any railroad corporation Meetings to be
organized under the laws of this Commonwealth shall call dentupon^appii-
a meeting of the stockholders of such corporation within gj'oJ!^"jof^ie^i.a"^
ten days after receiving a written request therefor, signed
by not less than thirty of said stockholders ; such meeting
to be held not more than thirty days from the date of the
call : provided, that where the number of stockholders in
any such corporation is less than thirty, the request of a

180

1876.— Chapters 202, 203.

Penalty for
cotnpelline; per.
eon to open a
bank-vault, etc.

majority of such stockholders only shall be required for a
call for such meeting.
ne"iecu*°'^ SECTION 2. Any president of a railroad corporation

who shall neglect or refuse to call such meeting when so
requested, shall be subject to a fine of not less than one
hundred nor more than one thousand dollars.

Ajiproved April 27, 1876.

Chav 202 ^"^ ^^^ relating to the punishment of bank, safe and vault

^' KOBBERY.

Be it enacted, &c., as follows :

Section 1. Whoever, with intent to commit the crime
of larceny or any felony, shall confine, maim, injure or
wound, or attempt or threaten to confine, kill, maim,
injure or wound, or shall put in fear any person, for the
purpose of stealing from any building, bank, safe, vault
or other depository of money, bonds or other valuables,
or shall by intimidation, force or threats, compel or
attempt to compel any person to disclose or surrender the
means of opening any building, bank, safe, vault or other
depository of money, bonds or other valuables, or shall
attempt to break, burn, blow up or otherwise injure or
destroy any safe, vault or other depository of money,
bonds or other valuables in any building or place, shall,
whether he succeeds or fails in the perpetration of such
larceny or felony, be punished by imprisonment in the
state prison for life, or for any term of years.

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

Ap])7-oved April 27, 1876.

An Act in relation to savings banks and institutions for

SAVINGS.

Be it enacted, &c., as follows :

Section 1. All savings banks or institutions for
savings, incorporated under the authority of this state,
may exercise the powers, and shall be governed by the
rules, and be subject to the duties, liabilities and provisions
contained in the following sections, so far as the same are
consistent with the provisions of their respective charters,
and any such corporation may by vote at its annual meet-
ing, or at a meeting called for the purpose, accept any
provision of this act which is inconsistent with any provi-
sion of its charter, in lieu of such inconsistent provision.

Section 2. The officers of every such corporation shall
consist of a president, one or more vice-presidents, a board
of not less than nine trustees, treasurer, clerk, and such

Chajf. 203

Savings banks
and institutions
for savings.

Officers of cor
poration.

1876.— Chapter 203. 181

other officers as may be found necessary for the manage-
ment of its aftuirs. The president, vice-presidents and
trustees shall be chosen from the members of the corpora-
tion, and no person shall hold any office in two such Nottohow

.• A J^ A' '•77xii office In two

corporations at the same time : provided, that any person such corpora-
who shall hold any office in more than one such corporation *^*°"®'
at the time this act shall take effect, may continue to hold
the same until the next annual meeting of such corporation
thereafter.

Section 3. Such officers shall be sworn, and shall hold officers to be
their several offices until others are chosen and qualified in ^^°"^'
their stead; and the treasurer shall give bond, to the Treasurer to
satisfaction of the trustees, for the faithful discharge of the ^'^® ^^°*^'
duties of his office.

Section 4. The officers, except the treasurer, shall be officers, except

1 ..1 1 .. /•! i' J.1 treasurer, to be

chosen at the annual meetings or such corporations, to be chosen at auuuai
holden at such time as the by-laws direct, anything in ^'^'^^'^s-
their charters to the contrary notwithstanding. The
treasurer shall be appointed by the trustees, and shall hold
his office during their pleasure. If any office becomes
vacant during the year, the trustees may appoint a person
to fill the same until it is filled at the next annual meeting,
and if any person chosen or appointed to any office, shall
not within thirty days after such choice or appointment
take the oath of office, his office shall thereupon become
vacant. It shall be the duty of the person acting as clerk cierk to notify
at such meeting, within ten days thereafter, to notify all andTubiishT^^'*'
persons elected to any office, and within thirty days there- aftjroathrf
after to publish in some newspaper published within the "^g^^"^**®^"
county, a list of all persons who have taken the oath of
office to which they were elected. Any clerk neglecting
to make such notification or such publication, or making a
false publication, and any person who knowingly publishes
or circulates, or knowingly causes to be published or cir-
culated, any printed notice containing the name of any
person as an officer of any savings bank or institution for
savings in this state who has not taken the oath of his
office, shall be liable to a penalty of fifty dollars.

Section 5. Such corporations may at any time hold special meet
special meetings by order of the trustees ; and the treasurer
shall also notify special meetings upon the requisition in
writing of any ten members of the corporation. Notice of
all meetings shall be given by public advertisement in some
newspaper of the county Avhere the corporation is estab-

182

1876.— Chapter 203.

Any citizen of
the state eligible
as member of
corporation.

Meetings of
board of trus-
tees, to be held
once in three
mouths.

Record to be
made of trans-
actions and
names of trus-
tees present.

May receive
deposits up to
$l,OtX),and allow
interest imtil
wliole amounts
to $1,600.

Investments.

lished, or by seasonably mailing to each member of such
corporation a written or printed notice of such meeting.

Section 6. Every such corporation may, at a legal
meeting, elect by ballot any citizen of this state to be a
member thereof; and any person may, at any annual
meeting, cease to be a member, by filing a written notice
of his intention so to do with the treasurer three months
at least before such meeting. No person shall continue to
be a member after removin<2: from the state.

Section 7. A regular meeting of the board of trustees
of every such corporation shall be held as often as once in
three months, for the purpose of receiving the report of its
treasurer, and for the transaction of other business. A
quorum shall consist of not less than seven trustees, but
less than a quorum shall have power to adjourn from
time to time, or until the next regular meeting. At such
regular meeting it shall be the duty of the trustees to cause
to be prepared a statement showing the condition of the
corporation as it appears upon its books, in the form of a
trial-balance of its accounts, and such statement shall be
posted in a conspicuous place in the banking-room of the
corporation, and there remain until the next regular meet-
ing of said board, A record shall be made at each meeting,
of the transactions of the board and the names of the
trustees present. Whenever a trustee shall fail to attend
the regular meetings of the board, or to perform any of the
duties devolved upon him as such trustee, for six consecu-
tive months, the office of such trustee shall thereupon
become vacant. A record of such vacancy shall be entered
upon the books of the corporation, and a transcript of this
record shall be sent by mail to the person whose place as
trustee is thus made vacant.

Section 8. Every such corporation may receive depos-
its from any person until they amount to 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 sixteen hundred dollars : prodded, that the
limitations contained in this section shall not apply to
deposits by religious or charitable corporations.

Section 9. All such deposits and the income derived
therefrom, and all deposits made under any order of court,
or other lawful authority, shall be invested only as
follows : —

1876.— Chapter 203. 183

First. On first morts^Ho-os of real estate, situated in FjiBt mortgages

o o _^ ' i. i- of ^^^^ estate.

this state, in an amount not to exceed sixty per cent, oi
the valuation of such real estate : but not exceeding seventy
per cent, of the whole amount of deposits shall be so
invested or loaned ; and no mortgage-loan shall be made
by any such corporation except npon the report of a com-
mittee of not less than two members of its board of invest-
ment, who shall certify to the value of the premises to be
mortgaged, according to their best judgment, and such
report shall be filed and preserved with the records of the
corporation.

Second. In the public funds of anv of the New England p.*^^"?, ^""'^%°f

1 " . ~ New England

states : of the state of New York or of the United States ; states, New

., , T I o 'i J. J. • J.1 • York and United

in the bonds or notes oi any city, county or town in this states.
state; in the bonds or notes of any of the cities of the Bonds of cities,
New England states ; or on the notes of any citizen of this *
state with a pledge of any of the aforesaid securities at no
more than the par value thereof.

Third. In the first mortgage bonds of any railroad ^onds"7rfiif
company, incorporated under the authority of this state, roads chartered
which is in possession of and operating its own road, and ^
which has earned and paid regular dividends for two years
next preceding such investment ; or on the notes of any
citizen of this state with a pledge as collateral of any of
the aforesaid securities, at no more than eighty per cent,
of the par value thereof: provided, the term "railroad,"
as used in this section, shall not be construed to include
street railway companies.

Fourth. In the stock of any bank incorporated under Bank stock.
the authority of this state ; or the stock of any banking
association located in this state, and incorporated under
the authority of the United States ; or on the notes of any
citizen of this state with a pledge as collateral of any of
the aforesaid securities at no more than eighty per cent.
of the market value and not exceeding the par value
thereof: provided, hoivever, that such corporation shall Proviso.
not hold, both by way of investment and as security for
loans, more than one-quarter of the capital stock of any
one bank or banking association, nor invest more than ten
per cent, of its deposits, nor more than one hundred thou-
sand dollars, in the capital stock of any such bank or
association. Savings banks may deposit on call in such
banks or banking associations, and receive interest for the
same, sums not to exceed twenty per cent, of the amount
deposited in said savings banks.

184

1876.— Chapter 203.

Personal
Becurities.

OflScers not to
borrow money
of bank.

Fifth. If the money held by any such corporation can-
not be conveniently invested in any or all of the modes
hereinbefore prescribed, it may loan not exceeding one-
third part of the amount thereof on bonds or other
personal securities, with at least two sureties : provided,
that the principal and sureties shall all be citizens of this
state, and resident therein ; and provided, further, that
such loans shall not be for a longer time than one year.
Banking house. SixtJi. Ten per ccut. of the deposits of any such corpo-
ration, and not exceeding two hundred thousand dollars,
may be invested in the purchase of a suitable site, and the
erection or preparation of a suitable building for the con-
venient transaction of its business.

Section 10. No member of a committee or board of
investment, or officer of such corporation charged with the
duty of investing its funds, shall borrow or use any por-
tion thereof, be surety for loans to others, or in any
manner, directly or indirectly, be an obligor for money
borrowed of, or loaned by, the corporation ; and whenever
such member or officer shall become the owner of real
estate upon which a mortgage is held by the corporation
of which he is such member or officer, his said office shall
become vacant at the expiration of sixty days after the
acquisition thereof, imless he shall have ceased to be the
owner thereof or shall have caused said mortofao^e to be
discharged. Only one of the active officers of such corpo-
ration, meaning the president, clerk and treasurer, shall
at the same time be a member of its investing com-
mittee.

Section 11. No such corporation, or any person
acting in its behalf, shall negotiate, take or receive any
fee, brokerage, commission, gift or other consideration
for or on account of any loan made by or on behalf of
such corporation, either to his own use or the use of such
corporation, other than shall appear on the face of the
note or contract by which such loan shall j)urport to be
made : jirovided, that nothing herein contained shall
apply to any reasonable charge for services in the examin-
ation of titles and preparation of conveyances to such
corporation as security for its loans. Whoever violates
any provision of this section, shall be punished by a tine
not less than one hundred dollars, and not exceeding one
thousand dollars, to be recovered on complaint in any
court of competent jurisdiction. All sums paid for

Not to receive
brokerage or
commission.

Proviso.

1876.— Chapter 203. 185

services, fees, or otherwise, to any member of the board
of trustees shall be reported in detail at each regular meet-
ino; of the board of trustees.

Section 12. All applications for loans shall be made Record to be
in writing, through the treasurer of such corporation, who uousfo^i'^ans!'
shall keep a record thereof, showing the date, name of
applicant, amount asked for, and the security offered, and
he shall cause the same to be presented to the board of
investment.

Section 13. Every such corporation shall, at the time Guarantee fund
of making each semi-annual dividend as hereinafter pro-
vided, reserve from the net profits which may have accu-
mulated during the six months then next preceding, not
less than one-eighth nor more than one-fourth of one per
cent, of the whole amount of deposits as a guarantee fund,
until such guarantee fund shall amount to five per cent,
of the whole amount of deposits, which fund shall be
thereafter maintained and held to meet losses in its
business from depreciation of its securities, or otherwise.

Section 14. The income or profit of all such corpora- Netincometobe
tious, after a deduction of all reasonable expenses incurred deposuor^''"^
in the management thereof, and the guarantee fund here-
inbefore provided, shall be divided among the depositors
or their legal representatives at times fixed by the by-laws
of such corporations in the following manner : Ordinary dividends,
dividends shall be made every six months, and shall not
exceed two and one-half per cent, on all sums which shall
have been on deposit for six months preceding, or one and
one-fourth per cent, on all sums which shall have been on
deposit for three months preceding ; and no ordinary
dividend shall be declared or paid except as above pro-
vided, nor upon any deposit of less than three months'
standing : provided, however, such corporations may, by
their by-laws, provide that no dividends shall be declared
or paid on a less sum than three dollars, or on the frac-
tional part of a dollar.

Section 15. Whenever, at the time provided by the Dividend not to
by-laws of such corporation for making ordinary dividends, net^inc*lmi1f
the net profits for the six months preceding, over and deposlu.''^"*' °'
above the sum to be added to the guarantee fund as here-
inbefore provided, do not amount to two per cent, of its
deposits, no dividend of its profits shall be declared or
paid, except such as shall be approved in writing by the
commissioners of savings banks.

186

1876.— Chapter 203.

Extra dividend
may be paid
once in every
three years.

Trustees to
examine before
dividend is
declared.

Withdrawal of
deposits.

Rights of claim-
antrt to money
on deposit, in
actions against
corporation.

Deposits to
remain until
final judgment.

Section 1G. Ouce in every term of three years, when
the net profits which may have accumulated over and
above said guarantee fund and dividends amount to one
per cent, of the deposits which have remained in such
corporation for one year then next preceding, such net
profits shall be divided among the depositors whose
deposits shall have remained in such corporation for one
year at least then next preceding, in proportion to the
amount of dividends which may have been declared on
their deposits during the three years then next preceding.

Section 17. No dividend shall be declared until the
trustees of such corporation cause an examination to bo
made and find that the amount thereof has actually
accrued ; and no dividend or interest shall be paid to a
depositor unless authorized by a vote of the trustees, after
such examination.

Section 18. The principal deposits in such corpora-
tions may be withdrawn at such time or in such manner
as the corporation in its l)y-laws directs, but the deposits
so withdrawn shall bo deducted in each case from the
amounts last deposited. Money deposited in the name of
a minor, may, at the discretion of the trustees or commit-
tee of investment, be paid to such minor, or to the person
making such deposit; and the same shall be a valid pay-
ment.

Section 19. In all actions against any such corporation
for money on deposit therewith, if it shall appear that the
same fund is claimed l)y any other party than the plaintirt*
in such action, whether husband or wife of such plaintitf,
or otherwise, the court in which such action is pending
may, on the petition of such corporation and on such
notice as it considers proper to the plaintiil' and such
claimants, order the proceedings to be amended !)>' making
such claimants parties defendant thereto; and thereupon
the rights and interests of the several parties to the said
action, in and to said funds, shall be heard and determined.

The deposits which are the subject of said action may
remain with such corporation until final judgment in the
action, and shall be paid in accordance with the order of
the court ; or the said deposit may be paid into court to
await final judgment in the action, and when so paid into
court the corporation shall be stricken out as a party to
such action and its liability for such deposit shall cease.
The taxable costs of the corporation in the actions herein

1876.— Chapter 203. 187

named shall in all cases be in the discretion of the court,
and may be charged upon the fund affected by such action,
but in no case to the bank.

Section 20. Wlienever any deposit shall be made in when depoelt is

I i- 1 • i i c ji ji in trust, name

such corporation by any one in trust tor another, the name ofper»onfor
and residence of the person for whom such deposit is bo disclosed.' ^°
made shall be disclosed, and the deposit shall be credited
to the depositor as trustee for such person ; and when no
other or further notice of the existence and terms of a legal
and valid trust shall have been given in writing to the cor-
poration, in the event of the death of the trustee, the
deposit or any part thereof, together with the interest
thereon, may be paid to the person for whom the said
deposit was made, or his legal representative.

Section 21. The treasurer of every such corporation. Depositor to be

k. 1 . 1 !• • 1 1 1 11 T notified, when

ing up each semi-annual dividend, shall send deposit exceeds

written notice by mail to each depositor who for six months todividwid!*^*^

then next preceding, shall not have been entitled to a

dividend on the whole amount standing to his credit,

because the same exceeds the amount on which interest is

allowed, specifying the amount not entitled to dividends.

Section 22. Every such corporation shall once in five List of deposit-
years publish in some newspaper of the county where such cntltted todivi-
oorporation is established, a list of the amounts standing ushl.Von'Je la '^'
to the credit of depositors which have not been entitled to ''^'ey«'"s-
dividends for two years then next preceding, because the
same exceeds the amount on which interest is allowed,
with the names and last known residences of the persons
to whose credit the amounts stand ; which publication shall
bo continued in three successive papers.

Section 23. The treasurer of every such corporation Treasurer to
shall annually make a report, showing accurately the con- rL'port"t"o"com.
dition thereof, as it was at the close of business on the "aw,Ig"banks.
last business day of October ; which report shall be made
to the commissioners of savings banks Avithin fifteen days
after said day, and shall be in such form as they shall pre-
scribe ; and said report shall specify the following par-
ticulars, namely :— ruame of corporation and number of
corporators; place where located; amount of deposits ;
amount of each item of other liability ; public funds, in-
cluding all United States, state, county, city and town
bonds, stating each particular kind, the par value, esti-
mated market value, and amount invested in each ; loans
on public funds, stating amount on each ; bank stock, stat-

188

1876.— Chapter 203.

Particulars to be
stated in annual
report.

Blank forms of
reports to be
furnished by
commiBslonere.

Overseers of
poor to be
notified, upon
request, of
deposits to
the credit of
paupers.

iiig par value, estimated market value, and amount in-
vested in each ; loans on bank stock, stating amount on
each ; railroad bonds, stating par value, estimated market
value, and amount invested in each ; loans on railroad
bonds, stating amount on each ; estimated value of real
estate, and amount invested therein ; loans on mortgage
of real estate ; loans to county, city or town ; loans on
personal security ; cash on deposit in banks, with the
names of such banks, and the amount deposited in each ;
cash on hand. Such report shall also state the whole
amount of interest or profits received or earned, and the
rate and amount of each semi-annual dividend for the
previous year ; the times for dividends fixed by the by-
laws ; the average annual per cent, of dividends for the
term ending at the time of and including the last extra
dividend ; the rates of interest received on loans ; the
total amount of loans bearing each specified rate of inter-
est ; the number of outstanding loans which are of an
amount not exceeding three thousand dollars each, and
the aggregate amount of the same ; the number of open
accounts ; also the number and amount of deposits
received ; the number of deposits received of and not
exceeding three hundred dollars at one time ; the number
and amount of withdrawals ; the number of accounts
opened, and the number of accounts closed, severall}^ for
the previous year ; annual expenses of the corporation ;
all of which shall be certified and sworn to by the treas-
urer. And five or more of the trustees of the corporation
shall certify and make oath that the said report is correct
accordino: to their best knowledge and belief.

Section 24. Blank forms of such reports shall be fur-
nished to every such corporation, by the commissioners of
savings banks ; and they shall prepare annually from such
reports, and communicate to the legislature, on or before
the first Wednesday in January, a statement of the condi-
tion of each cor[)oration, from which a report has been
received for the preceding year ; and make such sugges-
tions as they deem expedient, relative to the general con-
duct and condition of each of the corporations visited by
them.

Section 25. The treasurer of every such corporation
shall, upon the written request of any overseer of the poor
of any city or town in this state, signed by him, inform
such overseer of the amount, if any, deposited in the cor-

1876.— Chapter 203. 189

poration of which he is treasurer, to the credit of any per-
son named in such request, who may be, at the time, a
charge upon the state, or any city or town therein, as a
pauper ; and if he unreasonably refuses to give the inform-
ation, or wilfully renders false information, he shall for-
feit fifty dollars for every such ofi*ence to the use of the
city or town upon which such pauper is a charge, or to
the state, if the pauper is a charge upon the state.

Section 26. Such corporation may hold real estate Real estate.
where the same is acquired by the foreclosure of a mort-
gage thereon, owned by such corporation, or by purchase
at sales made under the provisions of any mortgage owned
by such corporation, or upon judgments for debts due it,
or in settlements effected to secure such debts ; and all
such real estate shall be sold by such corporation within
five years after the same shall be vested in it.

Section 27. The legislature may make other or further 8ui)jectto
regulations for the government of such corporations, or commTttee^afthe
take away their corporate powers ; and such corporations '^^^^^*'^®-
and their ofl5cers shall be subject to examination by a com-
mittee of the legislature, in like manner and under all the
liabilities and penalties provided in chapter fifty-seven of
the General Statutes with respect to the examination of
banking corporations.

Section 28. Sections one hundred and thirty-five to Repeal,
one hundred and fifty-five inclusive, of chapter fifty-seven
of the General Statutes, section nine of chapter ninety-
two of the acts of the year eighteen hundred and sixty-
one, chapter one hundred and twenty of the acts of the
year eighteen hundred and sixty-two, chapter two hundred
and thirty-four and chapter one hundred and seventy-five
of the acts of the year eighteen hundred and sixty-three,
chapter two and chapter one hundred and twenty-six of
the acts of the year eighteen hundred and sixty-four, sec-
tions six and ten of chapter one hundred ninety-two of
the acts of the year eighteen hundred and sixty-six, chap-
ter two hundred and three of the acts of the year eighteen
hundred and sixty-seven, chapter forty-nine and chapter
two hundred and twenty-seven of the acts of the year
eighteen hundred and sixty-eight, chapter two hundred
and twenty-six of the acts of the year eighteen hundred
and seventy, chapter two hundred and sixty-two of the acts
of the year eighteen hundred and seventy-one, chapter two
hundred and ninety-three of the acts of the year eighteen

190 1876.— Chapter 203.

hundred and seventy-two, chapter eighty-four and chapter
three hundred and ninety-three of the acts of the year
eighteen hundred and seventy-four, and chapter one hun-
dred of the acts of the year eighteen hundred and seventy-
five, are hereby repealed.
tlinTiulnd"^' Section 29. The repeal of certain sections of the
sections not to General Statutes and of certain acts, as provided in the
heretofore re- precediuoj scctiou hcrcof, shall not revive any law hereto-

pealed or super- i, ° ■, -, ■. -, /eui.^

seded. fore repealed or superseded, nor any omce heretotore

abolished ; it shall not affect any act done, or any right
accruing, accrued or established, or any proceedings, doings
or acts ratified or confirmed, or any suit or proceeding
had or commenced before the repeal takes effect, but the
proceedings therein shall, when necessary, conform to the
provisions of this act ; it shall not affect any penalty or
forfeiture incurred before it takes effect, under any of the
laws repealed, except that where a punishment, penalty or
forfeiture is mitigated by the provisions of this act, such
provisions may be extended and applied to any judgment
pronounced after said repeal ; it shall not affect any suit
or prosecution pending at the time of the repeal for au
offence committed, or for the recovery of a penalty or
forfeiture incurred under any of the acts repealed, except
that the proceeding therein shall, when necessary, conform
to the provisions of this act ; and when a limitation or
period of time prescribed in any of the acts repealed, for
acquiring a right or barring a remedy, or any other pur-
pose, has begun to run, and the same or similar limitation
is prescribed in this act, the time of limitation shall con-
tinue to run, and shall have like effect as if the whole
period had begun and ended under the operation of this
act. All persons who at the time when said repeal takes
effect hold any office under any of the acts repealed, shall
continue to hold the same according to the tenure thereof,
except those offices which have been abolished and those
to which a different provision has been made by the legis-
lature. The provisions of this act, so far as they are the
same as those of existing laws, shall be construed as a
continuation of such laws, and not as new enactments, and
references in laws not repealed to provisions of laws incor-
porated into this act and repealed, shall be construed as
applying to the same provisions so incorporated.

Tota'ceeffect Sectiox 30. This act shall take etlcct on the first day

Oct. 1, ISTO. /. /"v 1 •771 1 • 1 • -3

of October next : provided, that nothing herein contamed

1876.— Chapter 204. 191

shall require any savings bank or institution for savings to
change any of its investments made before the time this
act takes effect. Apxiroved Ajml 27, 1876.

An Act to reduce the expenses and increase the efficiency (J/iap. 204

OF the militia.
Be it enacted, &c., as follows : ,

Section 1. In time of peace the active militia shall Active mmtia.
consist of not more than sixty companies of infantry, three
companies of cavalry, three companies of light artillery and
two corps of cadets.

Section 2. The maximum number of oiEcers, non- Maximum mim.
commissioned officers, musicians and privates in a company and'prirateT
of infantry shall be fifty-one ; and in companies of cavalry
and artillery, eighty.

Section 3. Thecommander-in-chief shall, within three companies to be
months after the passage of this act, arrange the companies, regTmln'ts'aM
exclusive of the cadet corps, into regiments of eight com- tiatuuons.
panics each, and battalions of two or more companies each,
and form them into two brigades. The two brigades thus
constituted, together with the two corps of cadets, shall be
under the immediate orders of the commander-in-chief.
Commanding officers thereof shall be held responsible by
the commander-in-chief for the discipline and efficiency of
their commands.

Section 4. The commissions of all general and field Commissions of
officers, with their respective staffs, with the exception of officers, etc., to
the staff of the commander-in-chief, now serving in the ^^p^""^*
militia, shall expire upon the passage of this act, and they
shall receive from the commander-in-chief an honorable
discharge from the service.

Durino: the reorganization of the militia as hereinbefore
provided, the commander-in-chief shall, at such times as
seem to him advisable, order elections to fill vacancies.

Section 5. The commissions of all line officers now Commissions of

' n 1 11 i- 1. 1 J.I n i> i.i_ line officers to

in force shall contnnie not longer than nve years from the continue,
date of the passage of this act, and hereafter all officers of
the militia shall be commissioned for the term of five years
only, but every officer shall be eligible to a reelection, and
if so reelected shall take rank according to the date of his
first commission of the same grade.

Section 6. Upon the passage of this act the inspector- companies to be
general and such assistants as may be necessary for the low^tL order
early accomplishment of the purpose, shall proceed to the bemu^teredVut,
inspection of the companies of artillery, cavalry and in- or disbanded.

192

1876.— Chapter 204.

Inspector-gen-
eral to be ap.
pointed by com-
mander-in-chief.

Troops to bo
inspected at
encampments
by inspector-
general.

Returns to be
made by officers
on the lirst days
of July and De-
cember.

Pay and allow-
ances reduced
twenty per cent.

fantry. The inspection shall be made with rehition to
numbers, discipline, drill, records, condition of public
property in possession, and any other matters affecting the
character and efficiency of the organization. The inspector-
general shall report to the commander-in-chief the result
of the inspections made by him or his assistants, and the
commander-in-chief shall in orders direct the muster-out
or disbandment of the companies which shall be lowest in
order of inspection, and proceed to reorganize the force of
the state upon the basis provided in section nineteen,
chapter three hundred and twenty, acts of eighteen hundred
and seventy-four, not exceeding two brigades ; and the
commander-in-chief shall from time to time disband any
company or companies which are reported by the inspector-
general to be below the proper standard of efficiency. In
battalions of four or six companies, elections shall not be
authorized for officers of higher grade than major and
lieutenant-colonel, respectively.

Section 7. The comraauder-in-chiefshall appoint upon
his staff an inspector-general, who shall be other than the
adjutant-general, with the rank of brigadier-general, and
shall receive the same pay and allowances as other officers
of the same rank, and in addition, the sum of five cents a
mile for necessary travel to and from the place of inspec-
tion. He shall present his accounts for expenses incurred
in the performance of his duty to the auditor of accounts
for allowance.

Section 8. At each encampment the troops shall be
inspected by the inspector-general, his assistants or such
other officer as he shall indicate. Assistant inspectors-
general shall make their reports in duplicate, forwarding
one to the inspector-general direct, and the other to the
adjutant-general through the usual military channels.

Section 9. Every officer whose duty it is, under
section seventy of chapter three hundred and twenty of
the acts of the year eighteen hundred and seventy-four, to
make return on the first day of December, annually, of all
property received by him, and for which he is by law
accountable, shall be required to make a like return also
on the first day of July, annually. And any such officer
who shall not make the required return within fifteen days
after the same is due, shall be reported to the commander-
in-chief for such action as the case may require.

Section 10. From and after the first day of June of
the present year, the pay and allowances of officers and

1876.— Chapter 205. 193

enlisted men shall be reduced twenty per cent, from the
rates established by existing laws.

Section 11. So much of sections fifty-seven, fifty- uniforms not to
eight and fifty-nine of chapter three hundred and twenty ^refurnished.
of the acts of the year eighteen hundred and seventy-four,
as authorizes the purchase of uniforms for the militia at
the expense of the Commonwealth, is hereby repealed.

Section 12. No allowance shall be made for mounted Mounted bands.
bands.

Section 13. The volunteer militia shall no longer be May inspection
required to parade annually on the last Wednesday j^ ^ ° '^ ^ •
May for inspection, company drill and manoeuvre.

Section 14. The judge-advocate-general shall receive, compensation of
when on duty, the same pay and allowances as other geueiai/°^
officers of his grade, and in addition, the fees allowed to
judge-advocates, as provided in section one hundred and
sixty-three of chapter three hundred and twenty of the
acts of the year eighteen hundred and seventy-four, and
shall receive no other compensation.

Section 15. The inspector-general and two other Board of officers
officers, designated by the commander-in-chief, shall con- and'oondemn
stitute a board to inspect and condemn the public property P"'^''°P'operty.
which has or may become unfit for use, and no public
property shall be sold until it has been inspected and con-
demned as herein provided, and such condemnation
approved by the commander-in-chief. All sales of con-
deumed public property shall be by public auction, unless
the commander-in-chief shall otherwise direct, and the
proceeds of such sales shall be paid into the treasury.

Section 16. Section one hundred and thirty-four of Repeal of i8T4,
chapter three hundred and twenty of the acts of the year ^■^"'
eighteen hundred and sevent3^-four, is hereby repealed.

Section 17. This act shall take eflect upon its passage.

Approved April 28, 1876.

An Act to establish the salaries of the adjutant-general (JJiar). 205

AND THE SEVERAL EMPLOYES IN THE ADJUTANT-GENERAL'S -^*

DEPARTMENT.

Be it enacted, &c., as follows :

Section I. The salary of the adjutant-general shall be salaries ostab-
two thousand five hundred dollars per annum. Adjutant-

Section 2. The salary of the first clerk shall be two IT'^]' ,

•^ First clerk.

thousand dollars per annum.

Section 3. The salary of the second clerk shall be Second cierk.
eighteen hundred dollars per annum, to be computed from

194 1876.— Chapters 206, 207, 208.

and after the first clay of May in the year eighteen hundred
and seventy-six.
Bxtra clerks. SECTION 4. The salarios of the extra clerks shall not

exceed thirteen hundred dollars each per annum.

Section 5. This act shall take efl'ect upon its passage.

Approved April 28, 187(5.

Chap. 206 An Act in relation to the railroad commissioners and their

CLERK.

Be it enacted, &c., as folloius :
Railroad com- Section 1. Ko pcrsoii holdiufj the office of railroad

missioners and .. ci>/- i>i ^ • ■

cuik i.ot 10 commissioner, or oi clerk tor the railroad commissioners,
comractlt'ite.*, sliall, durlug his term of office, personally or through any
With railroads, p.^.tugj. or agcut, rcudcr any professional services, or
make or perform any business contracts with or for any
railroad corporation chartered under the laws of this
Commonwealth, excepting contracts made with such cor-
poration in their capacity of common carriers, nor shall he
directly or indirectly receive any commission, bonus,
discount, present or reward from any such corporation.
Section 2. This act shall take etlect upon its passage.

Approved April 28, 187o.

Cha'p. 207 An Act relating to the piiErAUATioN of the list or jurors

IN THE CITY OF BOSTON.

Be it enacted, &c., as follows :
List of jurors to The list of jurors in the city of Boston shall be pre-
^rviilinu-l^o/'^ pared, in the manner prescribed by law, once in each
pub'uciy''ibr7in J^^r iu the months of Januaiy and February by the board
days, and then of rcgistrars of votci's in said city, who shall post the

submitted to ^ •/ ' i

hoard of alder- samc lu two pubHc placcs for a period of at least ten days,
and shall thereafter submit the same to the board of alder-
men of said city, who shall have power to revise and
accept it according to law, and after such revisit)n and
acceptance, shall proceed in the manner prescribed for
selectmen of towns by section eight of chapter one hun-
dred and thirty-two of the General Statutes, and shall
place the ballots iu a box to be kept by the city clerk for
the purpose. Approved April 28, 1876.

Chap. 208 ^^ ■^^'^ "^^ regulate thk fisuekies in taunton gke.\t river

AND NEMASKET RIVER.

Be it enacted, &c., as follows:
Fisheries reg- SECTION 1. Ki) shad or alcwivcs shall be taken in any

ulatcd . .

part of Taunton Great River or Neniasket Kiver between
the hours of twelve o'clock in the night following Thurs-

1876.— Chapters 209, 210. 195

day of each week and four o'clock on Monday morning
succeeding, from tlie first day of March to the tenth day
of June of each year, inchidiiig both of said days.

Section five of chapter four hundred and one of the acts Repeal,
of the year eighteen hundred and fifty-five, and chapter
two hundred and fifty-eight of the acts of the year eighteen
hundred and seventy-one, are hereby repealed.

Section 2. Not more than one seine shall be cast, Not more than

, , J . 1 . -ii • ii T -J. one seine to be

set, swept or used on said rivers, within the same limits used over the
or over the same ground and at the same fishing place or ^'^'^^ ground.
location, nor shall any seine be cast, set, swept or used
within forty rods of any other seine. Any person viola- Penalty.
ting this section shall pay a fine of not less than fifty nor
more than two hundred dollars, and whoever violates the
provisions of the first section, shall be liable to the penal-
ties and forfeitures provided in said chapter four hundred
and one of the acts of the year eighteen hundred and fifty-
five.

Section 3. This act shall take effect on the first day
of July next. Approved April 28, 1876.

An Act in addition to section four of chapter one hundred QJiff^^ 209

AND TWELVE OF THE GENERAL STATUTES RELATING TO THE ^'

REMOVAL OF CLERKS OF COURTS.

Be it enacted, (fee, as follows :

Section 1. Section four of chapter one hundred and Removal of
twelve of the General Statutes is hereby amended by in- '"^* ^ " '^'^^'^ *•
serting the words "district or municipal" after the word
"police."

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

Apiproved April 28, 1876.

An Act to fix the salaries of the insurance commissioner, Qhap. 210

HIS deputy AND CLERKS.

Be it enacted, &c., as follows :

Section 1. The insurance commissioner, who shall also salaries—
act as actuary, shall receive in full compensation for all mrssionerand^
services both as commissioner and actuary, an annual sal- deputy.
ary of four thousand dollars ; and his deputy shall receive
an annual salary of two thousand five hundred dollars.

Section 2. The clerks of the insurance commissioner
shall receive annual salaries as follows, viz. : —

The first clerk, one thousand eight hundred dollars ; the cierks.
second clerk, one thousand five hundred dollars ; one extra
clerk, one thousand two hundred dollars ; all other clerks

196

1876.— Chapter 211.

City to continue
a body cor-
porate.

Mayor, alder-
men and com
mon council.

who may be necessarily employecl, not exceeding eight
hundred and forty dolhirs each.

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

Apjyroved Aijril 28, 1876.

Chap. 211 /An Act to revise the charter of the city of fall river.
Be it enacted, &c., as folloivs :

Section 1. The inhabitants of the city of Fall River,
for all the purposes for which towns and cities are by law
incorporated in this Commonwealth, shall continue to be a
body politic and corporate, in fact and in name, under the
style and denomination of the City of Fall liiver ; and as
such shall have, exercise and enjoy all the rights, immu-
nities, powers and privileges, and shall be subject to all the
duties and obligations now incumbent upon and appertain-
ing to said city as a municipal corporation.

Section 2. The administration of all the fiscal, pru-
dential and municipal affairs of the said city, with the gov-
ernment thereof, shall be vested in one municipal othcer, to
be called the mayor ; one council of six, to be called the
board of aldermen ; one council of eighteen, to be called
the common council ; which bodies, in their joint capacity,
shall be called the city council ; and the members thereof
shall be sworn to the faithful performance of the duties of
their respective offices.

Section 3. The city council may, in the year eighteen
hundred and eighty, and not oftener than once in five
years thereafter, revise, and, if needful, make a new
division of the city into such numl)er of wards, not less
than six nor more than twelve, as said council shall deem
the interests of the city may require, and the said wards
shall be so constituted as to contain, as nearly as may be
consistent with well defined limits to each ward, an equal
number of qualified voters in each ward, according to a
census of voters which shall be taken in the month of May
in said years ; but no such division of wards shall have the
eflect to change the boundary linos of any representative
district previously established; and until such revision be
made, the boundary lines of the wards of the said city
shall remain as now established : provided, that in case the
number of said wards shall be increased, each ward shall
be entitled to one alderman and throe common council-
men.

Section 4. All warrants for mootinirs of the citizens
for municipal purposes, to be held either in wards or in
general meetings, shall be issued by the mayor and aider-

Division of city

into wards.

WarrimtH for
iiii-c'ting« of
citizcne to be
issued by mayor
uiid uldurmeu.

1876.— Chapter 211. 197

men, and shall be in such form, and shall be served, exe-
cuted and returned in such manner and at such times as
the city council may bj^ ordinance direct.

All elections shall be had at meetings of the citizens
qualified to vote therein in their respective wards, at the
times duly fixed for such elections respectively.

. The mayor and 'aldermen shall, within two days after Examination of
such elections, examine and compare the returns, and make "Jhs?^ ''^ ^'^*''
out certificates of the result of such elections, to be signed
by the mayor and a majority of the aldermen, and also by
the city clerk, which shall be transmitted or delivered in
the same manner as similar returns are by law directed to
be made by selectmen of towns.

Section 5. The citizens entitled to vote for state of- Annual munic
ficers, shall on the Tuesday next after the first Monday of 'p^^ '''''"'''•
December, annually, meet together in their several wards,
at such place and hour as the mayor and aldermen may by
their warrants appoint, and give in their ballots for mayor,
aldermen, common councilmen and ward ofiicers, all of
whom shall hold their offices for the municipal year next
following said meeting, and until others shall have been
chosen and qualified ; and in the case of aldermen and
common councilmen, until a majority of both branches
shall have been chosen and qualiticd ; and the municipal
year shall begin on the first Monday in January following.

If the choice of aldermen, common councilmen or ward
officers shall not be effected on that day in any ward, by
reason of two or more persons receiving the same number
of ballots for the same office, the mayor and aldermen shall
forthwith cause a warrant to be issued to complete such
election.

Section 6. The mayor shall be an inhabitant and Mayor to be an
qualified voter of the c*ity, and shall be elected by the JuSTvoTer
qualified voters of the city at large. One alderman, three '"°'^y-
common councilmen, and the following ward officers, viz.,
a warden, clerk and three inspectors of elections, who
shall be different persons, shall be elected by the qualified
voters of each ward, and shall be inhabitants and qualified
voters of the ward where elected.

Section 7. The warden, clerk and inspectors shall ward officers to
respectively make oath or affirmation faithfully and im- ^'^»^°''i-
partially to perform their several duties, which oath or
affirmation may be administered by the clerk to the warden,
tee.

cessor in office. He shall also perform all the duties and
exercise all the powers by law incumbent uj;>on, or vested
in, clerks of towns of this Commonwealth. He shall be
clerk of the board of aldermen, shall attend said board
when the same is in session, and keep a journal of its acts,
votes and proceedings ; also of the city council when in
convention. He shall engross all the ordinances passed
by the city council in a book provided for that purpose,
and shall add proper indexes, which book shall be deemed
a public record of such ordinances ; and he shall perform
such other duties as shall be prescribed by the board of
aldermen. In case of the temporary absence of the city
clerk, the mayor, by and with the advice and consent of
the board of aldermen, may appoint a clerk ^;?'o tempore^
who shall be duly qualified.

Sectiox 26. The city council shall elect, by joint bal-
lot, in convention, three persons to be assessors of taxes,
one to serve one year, one to serve two years, and one to
serve three years from the first Monday of March next
following and until their successors are respectively chosen
and qualified. In each succeeding 3'ear, as soon after
the organization of the city council as may be convenient,
said council shall elect by joint l)allot in convention, one
assessor of taxes, who shall hold his office for the term of
three years from the first Monday of March in said year,
and until his successor is chosen and qualified.

The assessors thus chosen shall constitute the l)oard of
assessors for the city, and shall exercise the powers and be
subject to the duties and liabilities of assessors of towns
in this Commonwealth, and shall be sworn to the faithful
performance of the duties of their office.

All taxes shall be assessed, apportioned and collected in
the manner prescribed by the laws of the Commonwealth :
provided, however, that the city council may establish
additional provisions not inconsistent therewith.

Section 27. The members of the school committee
shall be elected by the qualified voters of the city, at
meetings held in the several wards, on the Tuesday next
after the first Monday of December annuall_y, and shall
serve for the term of three years, from the first ^Monday
in January next ensuing. The board of school committee
shall consist of the mayor ex ojtclo, who shall be chairman
of the board, and twelve other members, six of whom shall
be selected at large, and one of whom shall be selected

1876.— Chapter 211. 205

from each of the six wards of the city, one-third of whom
shall be elected annually in such manner as the city coun-
cil by ordinance may determine : provided, that at the first
election held after this act takes effect the whole number
shall be elected, and shall be divided into classes to serve
for one, two and three years, as may be prescribed by
such ordinance. In case the number of wards shall be
increased, the city council may by ordinance increase the
number of the school committee so that each additional
ward shall be entitled to one member thereof.

Section 28. The overseers of the poor shall consist of Overseers of the
the mayor, the chairman of the board of aldermen, the ^°°'^'
president of the common council and four other persons,
neither of whom shall hold any other office in the city
government and who shall be elected by concurrent vote
of the city council, and shall be sworn to the faithful dis-
charge of their duties. In the month of January next
after the date w^hen this act takes effect, two of said last
named persons shall be elected to serve for one year, and
two to serve for two years, and thereafter, in January of
each year, two of said persons shall be elected to serve for
two ^ears. In case of a vacancy in the board of overseers
of the poor, from any cause, the city council shall fill such
vacancy by electing a person to serve for the remainder of
the term ; and all overseers of the poor shall serve until
their successors are chosen and qualified. The overseers
of the poor may appoint a secretary, and define his duties ;
and 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 Fall River, and all the powers of overseers of the
poor in towns, but shall receive no compensation for their '
services except by vote of the city council.

Section 29. All powers and authority now vested by powers vested
law in the board of health for towns or in the selectmen hlauroftowns
thereof, shall be vested in the city council, to be by them cuy cJuncu. '"
exercised in such manner as they may deem expedient ;
and the city council may constitute either branch, or any
committee of their number, either joint or separate, the
board of health for all or for particular purposes.

Section 30. The city council may by ordinance estab- Firedepart-
lish a tire department, to consist of a chief engineer, a ™^°*'
superintendent of fire alarm telegraph, and so many assist-
ant engineers, enginemen, hosemeu and hook-and-ladder

206

1876.— Chapter 211.

men, as the city council shall from time to time determine
to be necessary for the interests of the city ; and said
council shall have authority to make such provisions in
rchition to the time and mode of appointment and the
occasion and mode of removal of any officer or memi>er of
said department, to make such regulations in respect to
their qualitications and periods of service, to define their
offices and duties, to fix and i)ay such compensation for
their services, and in general to make such regulations in
regard lo their conduct and government as they shall deem
expedient : provided, that the appointment of superintend-
ent of fire alarm telegraph, enginemen, hosemen and hook-
and-laddcr men, shall be made by the mayor and aldermen
exclusively.
Entrineersoftho Thc engineers of the department shall have the powers
epartment. ^^^^ authority iu regard to the prcventicju and extinguish-
ment of fires, and the performance of the other offices and
duties incumbent upon firewards, as are vested in and
conferred upon firewards and engineers of fire departments
by the statutes of this Commonwealth. The city council
may, by ordinance, make regulations concerning the man-
agement of fires, and the conduct of, all persons attending
or present thereat, the removal and protection of property,
for the examination of any buildings and places where
combustible materials are supposed to be kept or deposited,
and to require and enforce the removal of such materials
or substances at the expense of the person or persons on
whose premises the same shall be found, and the adoption
of suitable safeguards against fires, and the loss or de-
Reservoirs and struction of property thereat. Said city council may
cLTingu^wiii'ig construct reservoirs for water, procure land, buildings,
'^'■'■'*- . furniture, engines, and such other apparatus as may be

, necessary for the purposes of the fire department, and

provide for the use, control and preservation thereof.
The city council may appropriate and expend such sums
of money for the relief of firemen disabled in the service
of the city, and for the relief of the families of firemen
killed in the performance of their duty, as they may deem
just and proper.
Lnyingout SkctiOxN ^^ 1 . Thc citv couucil sliall have exclusive

Btr(!6t>8 etc* tlDU

cgtiniiit'ion of authoritv and power to lay out any new street or town

amagea. way, aud to cstiuiate the damagtts any individual may

sustain thereby ; but all questions relating to the subject

of laying out, accepting, altering or diseontinuing any

1876.— Chapter 211. 207

street or way, shall first bo 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 com-
plaint to the superior court or the county commissioners
of the county of Bristol in term time or vacation, within
one year after such decision, whereupon the same proceed-
ings 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 32. The mayor and aldermen may cause the streets may be
streets, lanes and avenues of the city to be lighted, and pfperfaidre'tc.
for that purpose may erect posts, and construct lamps, lay
gas-pipes or other apparatus in said streets, lanes and
avenues, and do such other things as may be necessary to
carry into effect said purposes.

Section 33. The city council shall have power within ordinances and
said city to make and establish such ordinances and by- ^yi'^ws.
laws not inconsistent with the laws of the Commonwealth,
as towns have power by law to make and establish ; such
ordinances and by-laws to have force and effect within
such city, without revision or approval by the superior
court or any justice thereof; and to modify, amend or
repeal the same ; and to annex penalties, not exceeding
twenty dollars, for the breach thereof.

Section 34. All tines, forfeitures and penalties accru- Fines and for.
ing for the breach of any by-law or ordinance of the city bi'eaciTof'or-
council, may be prosecuted for and recovered before the <i>"'»i"^'-«-
second district court of Bristol, holden in said city of Fall
Kiver, l)y complaint or information, in the same manner
in whicli other criminal offences are now prosecuted before
the district courts within this Commonwealth, reserving,
however, in all cases to the party complained of and pros-
ecuted, the right of appeal to the superior court then next
to be held in the county of Bristol, and the appeal shall be
allovvcd in the same terms, and the proceedings shall be
conducted therein in the same manner as provided in the
statutes of this Commonwealth ; and it shall be sullicient
in all such prosecutions, to set forth in the complaint the
offence, fully, plainly, substantially and formally, and it
shall not be necessary to set forth such by-law or ordi-
nance, or any part thereof. All fines, forfeitures and To be paid out
penalties so recovered and paid, shall be paid to the treas- °f<=ity treasury.
urer of the city of Fall River, and shall inure to such uses

208

1876.— Chapter 211.

Repeal of 1854,
257, and acts in
amfiulnicut
thereto.

Provieo.

as the city council shall direct. When any person, upon
any conviction before the second district court of Bristol,
for the breach of any l)y-law or ordinance of the city coun-
cil, shall be sentenced to pay a fine, or ordered to pay any
penalty or forfeiture provided by any such by-law or
ordinance, or upon claiming an appeal, shall fail to recog-
nize for his appearance at the court appealed to, and there
to prosecute his appeal, and to abide the sentence or order
of the court thereon, and in the meantime to keep the peace
and be of good behavior, and upon not paying the fine,
penalty or forfeiture and costs so assessed upon him, he
shall be committed to prison, there to remain until ho shall
pay such fine, forfeiture or penalty and costs, or be other-
wise discharged according to law.

Section 35. Chapter two hundred and fifty-seven of
the acts of the year eighteen hundred and fifty-four, en-
titled "An Act to establish the city of Fall Kiver," and
sundry acts in amendment of the same, are hereby re-
pealed : provided, that such repeal shall not revive any
law heretofore repealed or su[)erseded, nor any office here-
tofore abolished ; it shall not affect any act done, or any
right accruing, accrued or established, or any proceedings,
doings or acts, ratified or confirmed, or any suit or pro-
ceeding had or commenced before the repeal takes effect,
but the proceedings therein shall, when necessary, con-
form. to the provisions of this act; it shall not afiect any
penalty or forfeiture incurred before it takes effect, under
any of the laws repealed, except that where a punishment,
penalty or forfeiture is mitigated l)y the provisions of this
act, such provisions mny be extended and a[)plied to any
judgment pronounced after said repeal ; it shall not afiect
any suit or prosecution pending at the time of the repeal
for an offence committed, or for the recovery of a penalty or
forfeiture incurred under any of the acts repealed, except
that the proceeding therein shall, when necessary, con-
form to the provisions of this act ; and when a limitation
or period of time prescribed in any of the acts repealed,
for acquiring a right or barring a remedy, or any other
purpose, has begun to run, and the. same or similar limi-
tation is prescribed in this act, the time of limitation shall
continue to run, and shall have like effect as if the whole
period had begun and ended under the operation of this
act. All persons who at the time when said repeal takes
cfiect hold any office under any of the acts repealed, shall

PerBoiiR In ofll(

1876.— Chapter 211. 209

continue to hold the same according to the tenure thereof, officers to con.
except those offices which have been abolished and those according to
as to which a different provision has been lawfully made. *'^""'■^•
The provisions of this act, so far as they are the same as
those of the existing charter, shall be construed as a con-
tinuation thereof and not as new enactments, and refer-
ences in laws not repealed to provisions of laws incorpo-
rated into this act shall be construed as applying to the
same provisions so incoi'porated ; and ^provided, also, that piovIso.
all the ordinances and by-laws of the city of Fall River
which shall be in force at the time when the said repeal
shall take effect, shall continue in force until the same are
repealed by the city council, and all persons holding office
under such ordinances and by-laws shall continue to hold
such offices accordinoj to the tenure thereof. The lejrisla-
ture may at any time alter, amend or repeal this act.

Section 36. This act shall take effect on its pas- subject to
sage, but be void unless accepted by the qualified voters of u.c'cfu'aimed^
the city of Fall River present and voting by ballot "yes" eTtv"''°^*^°
or "no," at meetings warned for the purpose in the several
Avards by the board of aldermen, to be held on or before
the seventh day of November next ; and it shall be the
duty of the board of aldermen, within thirty days of the
passage of this act, to cause a sufficient number of copies
hereof to be printed and distributed among the voters of
said city, and to warn meetings in the several wards to be
held on some day within sixty days after such passage,
and to furnish at such meetings a sufficient number of
ballots printed separately with the word "yes" and the
word " no " ; and at such meetings the same proceedings
shall be had respecting the receiving, sorting, counting,
declaring, recording and making returns of votes as is
provided by law for elections in cities ; and the board of
aldermen within two days after such meetings shall exam-
ine the returns from the several wards ; and if the act
appears not to have been accepted by a majority of the
qualified voters present and voting in the several wards,
the board of aldermen may if they see fit warn other meet-
ings in the several wards for the same purpose, to be held
on some day not sooner than sixty days after those pre-
viously held, and again meetings for a third time ; and Proclamation
whenever it shall appear that a majority of the qualified acceptauce, aua
voters present and voting in the several wards at meetings secretary orthe
thus duly warned, have voted to accept this act, the mayor commonwealth.

210

1876.— Chapters 212, 213.

shall immediately make proclamation of the fact and the
city clerk shall transmit notice thereof to the secretary of
the CommonAvealth, and thereupon this act shall have full
force and effect. Approved April 28, 1876.

Chaj). 212 An Act in relation to the appointment of special commission-
ers FOR alteration OF RAILROAD CROSSINGS.

Be it enacted, &c., as follows :
Special comrais- SECTION 1. A lusticc of the supremc judicial court, in

Bioners for alter- . . . •' , . . ^ • i i p •

ation of railroad appointing a spccial commissiou provided tor in section
crossings. ^^^^ ^^ chapter two hundred and thirty-one of the acts of

the year eighteen hundred and seventy-five, shall desig-
nate one of the board of railroad commissioners as a mem-
ber of such commission.

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

Approved April 28, 1876.

Chap. 213

Petition to pro-
bate court for
leave to adopt
a child.

Decree of
adoption.

Proviso.

An Act concerning the adoption of children.

Be it enacted, &c., as follows:

Section 1. Any person of the age of twenty-one 3ears
or upwards, may petition the probate court in the county
of his residence, for leave to adopt as his child any other
person, younger than himself, except as hereinafter pro-
vided. If the petitioner have a husband or wife living,
who is competent to join in such petition, the prayer of
the petition shall not be granted unless the husband or
wife joins therein, and upon adoption the child shall be
deemed the child and heir of both.

Section 2. No decree for such adoption shall be made,
except as hereinafter provided, without the written con-
sent of the child, if above the age of fourteen years ; and
also, of the lawful parents, or surviving parent, — of the
parent having the lawful custody of the child, if the
parents be divorced, or arc living separate, — of the guard-
ian of the child, if any, — of the mother only of the child
if illegitimate, — or of the person or persons who shall be
substituted for either of the above named, by the provi-
sions of this act. No person whose consent is hereby made
requisite shall be debarred from being the adopting parent
in said proceedings. In case of a subsequent adoption,
the consent of the previous adopting parent shall also be
required : j'^'^'^'^^^^^^i ho^rever, that the consent of the
persons hereinbefore named shall not be rc(]uircd in the
cases hereinafter excepted.

1876.— Chapter 213. 211

Section 3. The consent of the persons other than the Adoption of
child named in the preceding section, shall not be requi-
site, if the person to be adopted be of adult age.

Section 4. The consent of any person other than the Consent to
child named in sections one and two, shall not be neces- tiian th"'cbiurs,
sary, if such person be adjudged by the court hearing the certamcasei.''^
petition to be hopelessly insane, or is imprisoned in the
state prison or a house of correction in this state, under
sentence for a term of which more than three years remain
unexpired at the date of the petition, nor if lie has wilfully
deserted and neglected to provide proper care and mainte-
naucc for such child for two years next preceding the date
of the petition ; nor if he has suffered such child to be
supported by any charitable institution incorporated by
law, or as a pauper by any city or town, or by the state,
for more than two years continuously, prior to the peti-
tion ; nor if he has been convicted of being a common
drunkard and neglects to provide proper care and mainte-
nance for such child ; nor if such person has been con-
victed of being a common night-walker, or of being a
lewd, wanton and lascivious person and neglects to pro-
vide proper care and maintenance for such child : j^^'ovicled, Proviso.
however, that a giving up in writing of the child, for the
purpose of adoption to any charitable institution incorpo-
rated by law, shall operate as a consent to any adoption
subsequently approved by such institution. Notice of
said petition shall be given to the visiting agent of the
board of state charities in case the child is supported as a
pauper by any city or town, or by the state.

Section 5. Whenever the written consent required by if consent is not

.-, T i' • j_ 1 •!_!. 1 J. ii j_ 'ii submitted with

the preceding sections is not submitted to the court with petition, coun to
the petition, the court shall order notice, by personal ser- tiiei-eon?*'°^
vice on the parties, of a copy of the petition and order
thereon, or, if they be not found within the state, by pub-
lication thereof once a week, iov three successive weeks,
ill such newspaper or newspapers as the court shall order,
the last publication to be seven days at least before the
time appointed for the hearing. And in any case the
court may require such additional notice and consent as
may be deemed proper.

Section 6. Any iierson not appearing at the appointed Parties not ap.

• •/! ^ito 11 pearinff shall be

time and place, and then objecting to such adoption, shall iieiatoiiave
be held to have consented thereto, except as provided in °°"*'^"^*^'^-
section twelve of this act ; but if no one consents or ap-

212

1876.— Chapter 213.

Decree of tbo
court.

Inheritance of
property.

pcfirs, the court may, if it see fit, appoint a guardian ad
litem, with power to give or witliliold consent.

Section 7. If satisfied of the identity and relations of
the parties, and that the petitioner is of sufficient ability
to bring up the child, and furnish suitable nurture and
education, and that it is proper such adoption should take
place, the court shall make a decree, by which, except as
regards succession to property, all rights, duties, respon-
sibilities and other legal consequences, including settle-
ment, of the natural relation of child and parent, shall
thenceforward exist between the child and the petitioner
and his kindred, and shall, except as regards marriage,
incest or cohabitation terminate between the person so
adopted and his natural parents and kindred, or any pre-
vious adopting parent ; and the court may also decree
such change of name as the petitioner may request : 2^''0-
vided, however, that if the person so adopted be of adult age,
he shall not thereby be freed from the obligations of sec-
tion four of chapter seventy of the General Statutes.

Section 8. As to the inheritance of property, any
person adopted in accordance with the provisions of this
act, shall take the same share which he would have taken
if born to said adopting parent in lawful wedlock, of any
property which such parent could have devised by will.
In respect to inheritance also, he shall stand in regard to
the legal descendants, but to no other of the kindred, of
his adopting parent in the same position as if born to him
in lawful wedlock. In case the person adopted dies intes-
tate, his property, acquired by himself, or by gift or inher-
itance from his adopting parent, or the kindred of such
parent, shall be distributed according to the provisions
of chapters ninety-one and ninety-four of the General
Statutes, among the persons who w^ould have been his
kindred if he had been born to his adopting parent in law-
ful wedlock ; and any property received by gift or inheri-
tance from his natural parents or kindred, shall be dis-
tributed in the same manner as if no act of adoption had
Person aaoptod takcu phicc ; such distribution to be ascertained in such
manner as the court may decree. Ko person shall, by
being adopted, lose his right to inherit from his natural
parents or kindred.

Section 9. The term "child," or its equivalent, in any
grant, trust-settlement, entail, devise or bequest, shall be
held to include any child adopted by the settler, grantor

not to lose riijht
of inheritance
from natural
kindred.

The term
" cliild " in a
grant, etc., to
include child by
adoption.

187G.— Chapter 213. 213

or testator, unless the contrary plainly appears by the terms
thereof; but in no other case shall a child by adoption
have, under such an instrument, the rights of a child born
in lawful wedlock to the adopting parent, unless it plainly
appears to have been the intention of the settler, grantor
or testator to include an adopted child : jprovided, hoicever,
that nothing in this act shall be construed to restrict any
right to the succession to property which may have vested
in any person already adopted in accordance with the laws
of this Commonwealth.

Section 10. No person shall adopt as a child, his or Persons who
her wife or husband, brother, sister, uncle or aunt, either !!!iopted.
of the whole or half blood ; nor any married woman with-
out the written consent of her husband. No act of adop-
tion however shall be held to place the adopting parent or
adopted child in any relation to any person except such
parent or child different from that before existing, as regards
marriage, or as respects rape, incest, cohabitation or other
sexual crime committed by either or both : 2)'>'0vicled, that
no marriage shall be contracted between any person and
his or her adopted child.

Section 11. Any inhabitant of any other state, adopted RigMs in this
as a child in accordance with the laws thereof, shall, upon adopted in an-
proof of such fiict, be entitled in this Commonwealth to '^^ '^'■*'^'''^-
the same rights, as regards succession to property, as he
would have enjoyed in the state where such act of adop-
tion was executed, except in so far as they conflict with
the provisions of this act. Any child adopted in this
Commonwealth in accordance with the laws thereof, shall
retain the rights thereby conferred upon him, so far as the
jurisdiction of this Commonwealth extends. In case a
person, not an inhabitant of this state desires to adopt a
child residing here, the petition may be made to the pro-
bate court in the county where the child resides.

Section 12. Any person aggrieved by an order, denial Right of appeal.
or decree of the probate court under the provisions of this
act, may appeal therefrom to the supreme judicial court,
in like manner as appeals may be taken from other decrees
of the probate court ; and the supreme judicial court, in
its discretion, may allow any parent who had no personal
notice of the proceedings before the decree, to appeal at
any time within one year after actual notice thereof: pro-
vided, Jlowever, that such parent, so appealing, shall first
make oath that he was not, at the time of the petition

1876.— Chapter 214.

Legal conse.
quences of first
decree to ter-
minate upon sec-
ond udopliou.

Kepeal.

for adoption, undergoing imprisonment as specified in sec-
tion four, or that, if so imprisoned, he has since been
pardoned on the ground of innocence, or has had his sen-
tence reversed.

Section 13. In case of a second adoption, all the legal
consequences of the first decree shall terminate, except so
far as any interest in property shall have vested in the
child, and a decree to that effect shall be entered on the
records of the court.

Section 14. The first ten sections of chapter three
hundred and ten of acts of the year eighteen hundred and
seventy-one, and chapter three hundred and eleven of acts
of the year eighteen hundred and seventy-two, are hereby
repealed : provided, that proceedings pending in court
under said acts or either of them shall be continued con-
formably to the provisions of this act.

Ap2'>roved April 28, 187C.
CJiCtp. 214 An Act to fix the compensation of the lieutenant-governor

AND council and EMPLOYES OF THE EXECUTIVE DEPARTMENT.

Be it enacted, &c., asfolloivs :

Section 1. The lieutenant-governor and council shall
receive per year, and at the same rate for any fraction
thereof as follows, nameh^ : The lieutenant-governor two
thousand five hundred dollars ; members of the council
one thousand two hundred dollars each.

Section 2. The lieutenant-governor and each member
of the council shall be paid for his travel from his place of
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 expenditures.

Section 3. The private secretary of the governor, and
the messenfi^er and assistant-messeni>cr in the executive
department, shall receive per year, and at the same rate
for any fraction thereof, in full compensation for their
services, the following sums, to wit: —

The private secretary twenty-five hundred dolhirs ; the
messenger one thousand dollars ; and the assistant-mes-
senger eight hundred dollars.

Salaries —
Lieutenant-
governor and
council.

Travelling
expenses.

Private secre-
tary and mes-
sengers.

1876.— Chaptees 215, 216, 21T. 215

Section 4. All acts and parts of acts inconsistent Repeal.
herewith are hereby repealed.

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

Ajjproved April 28, 1876.

An Act relating to the attendance of officers upon Chap. 215

DISTRICT courts.

Be it enacted, <fec., as follows:

Section 1. The provisions of sections nine, ten, four- officers not to
teen and fifteen of chapter two hundred and sixteen of the aftradanceat
laws of the year eighteen hundred and sixty-two, shall district courts.
apply to district courts in the same manner and to the
same extent as to police courts.

Section 2. No other fees or compensation than those
authorized by the preceding section, shall be allowed or
paid to any officer for attending district courts.

Approved April 28, 1876.

An Act in relation to the inspection of factories and Qhap. 21G

PUBLIC buildings, AND FOR OTHER PURPOSES.

Be it enacted, &c., as folloios :

Section 1. It shall be the duty of the chief of the state detectives
state detective force specially to detail one or more of his reiltfugtohoui^s
deputies not exceeding three to visit and examine public enforcwuu
buildings and factories, and other establishments where factories.
people are employed at any kind of labor : and for this
purpose they shall have power to enter the same, to exam-
ine the methods of protection from accidents, and the
means of escape from fire, and make a record thereof.
They shall see to it that all laws relating to the hours of
labor are enforced ; and they shall have power to prosecute
offenders against the same in any court of competent juris-
diction. Said chief shall report in print to the governor
on or before the first day of January next, with such
remarks, suggestions and recommendations as he may
deem necessary, and the duties of said detectives, for the
above purposes, shall then cease.

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

Aj^proved April 28, 1876.

An Act to legalize certain doings of the town of groton. (JJiap. 217
Be it enacted, &c., as follows :

Section 1. The action of the town of Groton at its Doings legai.
meeting held on the third day of April, eighteen hundred ^^'^^'
and seventy-six, in appropriating five hundred dollars to

216 1876.— Chapters 218, 219.

clefrny the expenses to be incurred in celebrating the cen-
tennial anniversary of our national inclependence on the
fourth day of July next, is confirmed, legalized and made
valid.

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

Approved April 28, 187C.

Chap. 218 An Act to fix the salary of the secretary of the commok-

WEALTH AND OF THE PERSONS EMFLOTED IN THE SECRETARY'S
DEPARTMENT.

Be it enacted, &c., as folloivs :

Be!reta!yr SECTION 1. Thc Salary of the secretary of the Com-

monwealth shall be three thousand dollars per annum, and
at the same rate for any portion of a year.

Clerks and SECTION 2. The Salaries of the persons employed in

messenger. i i J

the department of the secretary of the Commonwealth
shall be as follows, to wit : The salary of the first clerk
shall be two thousand dollars ; of the second clerk, one
thousand five hundred dollars ; of the extra clerks, not
exceeding seven in number, one thousand three hwndred
dollars each ; of all other clerks employed in said depart-
ment, at a rate not exceeding eight hundred dollars each ;
and of the messenger, one thousand dollars per annum,
and at the same rate for any portion of a year.

Section 3. All acts and parts of acts inconsistent
herewith are hereby repealed.

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

Apj)roved Ax)ril 28, 1876.

Clicip. 219 An Act relating to state aid paid on account of children

BORN AFTER THE DEATH OF THE FATHER.

Be it enacted, &c., asfolloivs:

?hndwn°after Section 1. If any city or town shall hereafter pay any
death of father. suHi of moucy as statc aid on account of and for the benefit
of a child of a soldier, born after the death of the father in
the service of the United States, there shall be allowed and
paid out of the treasury of thc Commonwealth to said city
or town, the same sum in reimbursement as it would be
entitled to receive under existing statutes had said child
been born before the death of the father.

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

Approved April 28, 1876.

1876.— Chaptek 220. 217

An Act to amend the geneual statutes relative to the (J]iap, 220

DESCENT AND DISTRIBUTION OF REAL AND PERSONAL PROPERTY. ■^'

Be it enacted, &c., as follows :

Section 1. When a person dies seized of laud, tene- Descentand
ments or hereditaments, or of any right thereto, or entitled intcstateestates.
to any interest therein, in fee simple or for the life of
another, not having lawfully devised the same, they shall
descend, subject to his or her debts, in manner follow-
ing :—

First. In equal shares to his or her children, and the
issue of any deceased child by right of representation ; and
if there is no surviving child of the intestate, then to all
his or her other lineal descendants. If all the descendants
are in the same degree of kindred to the intestate, they
shall share the estate equally; otherwise, they shall take
according to the right of representation.

Second. If the intestate leaves no issue, then in equal
shares to his or her father and mother.

Third. If the intestate leaves no issue nor mother, then
to his or her father.

Fourth. If the intestate leaves no issue nor father, then
to his or her mother.

Fifth. If the intestate leaves no issue and no ftither nor
mother, then to his or her brothers and sisters, and to the
issue of any deceased brother or sister, by right of repre-
sentation.

Sixth. If he leaves no issue, and no father, mother,
brother nor sister, then to his next of kin in equal degree ;
except that when there are two or more collateral kindred
in equal degree, but claiming through different ancestors,
those who claim through the nearest ancestor shall be pre-
ferred to those claiminof throuo;h an ancestor who is more
remote.

Seventh. If the intestate leaves a widow and no kin-
dred, his estate shall descend to his widow ; and if the
intestate is a married woman, and leaves no kindred, her
estate shall descend to her husband.

Eighth. If the intestate leaves no kindred, and no
widow or husband, his or her estate shall escheat to the
Commonwealth.

Section 2. Section one of chapter ninety-one of the
General Statutes is hereby repealed.

Section 3. The descent prescribed by section one of
this act shall be subject to and controlled by the pro-

218

1876.— CiiAPTEEs 221, 222.

Amendraent to
G. 8. 94, § 16,
cl. 3.

Trout, etc., not
to be taken or
sold between
October 1st and
Ai)ril 1st.

visions of law respecting dower, curtesy and homestead
estates.

Section 4. The third clause of section sixteen of chap-
ter ninety-four of the General Statutes is hereby amended
])y inserting after the words "ninety-one," in the second
line of said clause, the words "or by any acts in amend-
ment thereof or in addition thereto."

Section 5. This act shall take effect on the first day
of October next, but shall not affect the descent or distribu-
tion of the estate of any person deceased prior to that date.

Aiiproved Ax>ril 28, 1876.

Chajp. 221 An Act fok the pkotection of trout, land-locked salmon

AND LAKE TKOUT.

Be it enacted, &c., as follows :

Section 1. Whoever within this Commonwealth sells,
offers for sale, exposes for sale, or has in his possession
trout, land-locked salmon or lake trout, except alive, be-
tween the first day of October in each year and the next
succeeding first day of April, shall forfeit for each fish
taken, caught or killed between said first day of October
in each year and said next succeeding first day of April,
and so sold, offered for sale, exposed for sale or had in his
possession, the sum of ten dollars, and in all prosecutions
under this act the possession of any trout, land-locked
salmon or lake trout during the time included between the
dates stated above shall ha prima fade evidence to convict
under this act.

Section 2. The mayor or aldermen of any city, the
selectmen of any town and all police officers and constables
Avithin this Commonwealth shall cause the provisions of
this act to be enforced in their respective cities and towns ;
and all forfeitures and i)cnalties for violations of the pro-
visions of this act shall be paid one-half to the person
making the complaint and one-half to the city or town in
which the ofience is committed.

Section 3. All acts and parts of acts inconsistent here-
with are hereby repealed.

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

Approved April 28, 187G.

Chap. 222 An Act to divide tue commonwealth into distkicts for the

CHOICE of the council.

Be it enacted, &c., as follows :

Division of the Sectiox 1. Tho Capc, the first and secoiid Plvmouth

Commonwealth i i • i \i • -it • ' in

irito councillor aud thc sccoud aiul thutl Bristol senatorial districts shall
constitute the first council district.

Mayor and
aldermen and
selectmen to
cause law to be
enforced.

Repeal.

1876.— Chaptees 223, 224. 219

Section 2. The first Bristol, the first and second Nor- g?^t^<'"^°'' '^'''■
folk, the eighth Suffolk and the second Worcester sen-
atorial districts shall constitute the second council district.

Section 3. The first and second Suffolk and the first,
second and third Middlesex senatorial districts shall con-
stitute the third council district.

Section 4. The third, fourth, fifth, sixth and seventh
Suffolk senatorial districts shall constitute the fourth coun-
cil district.

Section 5. The first, second, third, fourth and fifth
Essex senatorial districts shall constitute the fifth council
district.

Section 6. The sixth Essex and the fourth, fifth, sixth
and seventh Middlesex senatorial districts shall constitute
the sixth council district.

Section 7. The first, third, fourth and fifth Worcester
and the first Franklin senatorial districts shall constitute
the seventh council district.

Section 8. The Hampshire, the first and second
Hampden and the north and south Berkshire senatorial
districts shall constitute the eighth council district.

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

Approved April 28, 1876.

An Act to authorize the town of malden to issue additional CJia'p. 223

WATER FUND BONDS.

Be it enacted, ific, asfolloius :

Section 1. The town of Maiden may for the purposes May issue
mentioned in the third section of chapter one hundred and Lod bondr^ ^"^
sixty of the acts of the 3'ear eighteen hundred and seventy,
issue bonds to an amount not exceeding fifty thousand dol-
lars, in addition to the amount authorized by said chapter
and by chapter one hundred and sixteen of the acts of the
3'ear eighteen hundred and seventy-two, upon like terms
and conditions, and with like powers in all respects, as are
provided in said chapter one hundred and sixty, for the
issue of bonds of said town.

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

Approved April 28, 187G.

An Act fou the supply of water to the state hospital for Chap. 224

THE INSANE, IN DANVEUS.

Be it enacted, &c., as follows :

Section 1. The board of commissioners appointed water supply
under the authority of chapter two hundred and thirty-nine for insane'in
of the acts of the year eighteen hundred and seventy-three, ^'''^^^'■"-

220 1876.— Chapter 225.

entitled "An Act to establish a hospital for the insane, in
the north-eastern part of the Commonwealth," are hereby
authorized and empowered, Avith the approval of the gov-
ernor and council, to enter into contract with the water
commissioners of the town of Danvers for procuring a
permanent supply of pure water for the state hospital for
the insane, located in Danvers ; such water to be furnished
from the sources of supply which the said town is author-
ized to take and hold by the provisions of chapter one
hundred and ninety-one of the acts of the year eighteen
hundred and seventy-four, entitled "An Act to supply the
town of Danvers Avith pure water."

^ousfy gSd, Section 2. The authority granted to said board of

extended. ' commissiouers in chapter twenty-five of the acts of the
year eighteen hundred and seventy-five, entitled "An Act
to authorize the commissioners on the state hospital for the
insane, in the town of Danvers, to procure a supply of
pure water from Ipswich River," is hereby extended so
that said board of commissioners may, at their discretion,
take water from Middleton Pond, in the town of Middle-
ton, for the purposes named in said act; and such taking
shall be construed to confer upon said board of commis-
sioners all the rights, powers and privileges, and shall be
subject to all the conditions, liabilities and requirements of
said act, as fully as if the same were herein specifically set

Proviso. forth : 2^^'ovided, hoirever, that no action shall be taken by

said board of commissioners under the authority granted
* J" this section within thirty days after the passage of this

act.

Payment of SECTION 3. All cxpcnscs iucurrcd by the said board of

expenses. . . - ^ . . ,• i • i 1 1 i

commissioners, under the provisions ot this act, shall be

defrayed from the appropriations made or to be made for

the establishment of said hospital in the town of Danvers.

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

Approved April 28, 1876.
Ohar). 225 An Act relating to the puei'akatiox of tue voting lists,

AND ELECTIONS IN CITIES.

Be it enacted, &c., as follows :
Assessment of Section 1. lu the scvcral cltics of this Commouwealth

taxes in wnrd • i n i t

wiiere iniiab. it shall bc thc duty of the assessors to assess each inhabi-
tant thereof who is liable to assessment for the payment of
taxes, as of the first day of May in each year, in the ward
of such city in which such inhabitant dwells or has his
home.

1876.— Chapter 225. 221

Section 2. In the several cities of this Commonwealth Lists of voters
it shall be the duty of the officers or board charged with "^^'"^ ^'
the preparation of the alphabetical list of voters to be used
at elections, to enter the name of each qualified voter upon
the list for the ward in which he was assessed, or was lia-
ble to assessment, agreeably to the preceding section.

Section 3. If the assessors shall have assessed any if assessed in

11 1 1 • I'll ^ • wrong ward,

person in another ward than the ward in "which he claims may be rectified
to dwell or have his home, such person may, on or before umuo proper
the first day of September in any year, file with the offi- o^^'^'^''*-
cers or board charged with the preparation of the alpha-
betical list of voters, a notice of his claim to be registered
in some other ward, specifying the same; and as soon as
may be after said first day of September, the said officers
or board shall notify said person, fixing a time and place of
hearing ; and after such hearing the said officers or board
may change the Avard of registry if need be, in any case;
and they shall forthwith after such change give notice
thereof to the assessors ; and the name of no person shall
be registered in any other ward than that in which he was
assessed, unless a claim for such registration shall have
been filed as provided in this section.

Section 4. If a person possessing the qualifications if voter moves
prescribed by the constitution and laws for voting in any toTiotherTfter
city of this Commonwealth, shall remove from one ward votewiL'^l'"''^
to another ward w^ithin the same city after the first day of assessed.
May, and prior to any election, he shall not lose his right
to vote at such election by reason of such removal ; but he
shall have the right to vote in the ward in which he was
assessed, or was liable to assessment on the first day of
May, as aforesaid, if he be otherwise qualified, and in no
other ward ; and said officers or board shall enter his name
accordingly.

Section 5. The entry xmow the votinoj list of any ward. Entry of change

, , , , , . . •■ p . , /. V J,' /• il_ on list not to be

agreeably to the provisions ot the foregoing section, ot the t-viaence tiiat iie
name of any person who has removed from such ward into ofwLr'a'^emoTed
another ward after the first day of May, and prior to any f'°"-
election, shall not be taken or held to be evidence that he
is an inhabitant of the ward from which he has thus
removed.

Section 6. Nothing contained.iii this act shall be con- Not to be con-
strued to give the right to vote in any election^in a city to rlght'to votTtT
any person who has ceased to be an inhabitant of such city i,'li'/,!'emoved''°
prior to such election, although he may have been assessed from tiie city. ,

222

1876.— Chapter 226.

Tax not invalid
by mistake of
assessors in
ascertaining
ward where per-
son should be
assessed.

Amendment to
1875, 243, § 2.

therein as of the first day of May prececling ; and saitl
officers or board, in the revision of the lists, shall erase the
names of all jDorsons who have thus ceased to be inhabi-
tants of the city. If the person so removing shall become
an inhabitant of any other city or town in this Common-
wealth, he may acquire the right to vote therein agreeably
to the provisions of the constitution and laws respecting
the qualifications of voters. When any person becomes
an inhabitant of any city after the first day of May, and
prior to any election, at which election he is entitled to
vote agreeably to such provisions, said officers or lioard
shall enter his name in the votinsr list of the ward of which
he shall become an inhabitant.

Section 7. No tax, the payment of which is otherwise
due to any city, shall be made invalid by reason of any
mistake of the assessors in ascertaining the ward in which
the person from whom it is due should be assessed, or by
reason of anything contained in this act, or the* proceed-
ings which may be had under its provisions.

Section 8. Section two of chapter two hundred and
forty-three of the acts of the year eighteen hundred and
seventy-five, is hereby amended by striking out the words
"three able and discreet men, qualified voters in said
ward," and inserting in lieu thereof the words "three able
and discreet men, qualified voters and inha1)itants in said
ward."

Section 9. Sections eleven and twelve of chapter
three hundred and seventy-six of the acts of the year
eighteen hundred and sevent3'-four, and all other acts or
parts of acts inconsistent with the provisions of this act,
are hereby repealed.

Section 10. This act shall take effect upon its passage.

Aiyprovcd April 28, 1876.

Chan. 2^Q> ^^ ^^^ '^^ autiiorize furtheu expenditures for the comple-

^ ' " TION OF THE NEW HOSPITAL FOR THE INSANE, AT WORCESTER, AND

I'ROVIDING FOR THE SAME.

Be it enacted, tfcc, as folloivs:

Section 1. The trustees of the "Worcester Lunatic
Hospital are authorized to expend for the purpose named
in section one of chapter two hundred and thirty-eight of
the acts of the year eighteen hundred and seventy, the
further sum of three hundred and fifty thousand dollars,
and the same is hereby appropriated, to be provided for
in the same manner and under the conditions prescribed

Repeal of 1874,
376, §§ 11, 1-2.

Appropriation
for coiiipk'lion
of hospital.

1876.— Chapter 227. 223

in section three of chapter one hnndred and sixty of the
acts of the year eighteen hnndred and seventy- five.

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

Ajjproved April 28, 1876.
An Act concerning municipal, police and district courts, and (JJiap, 227

THE TAXATION AND COSTS IN CIVIL AND CRIMINAL CASES IN SAID -^*

COURTS AND BY JUSTICES OF THE PEACE AND TRIAL JUSTICES.

Be it enacted, &c., as follows:

Section 1. Municipal, district and police courts shall Concurrent

, i • • T i' 'Ai i\ ' i. p jurisdiction of

have concurrent jurisdiction with the superior court, oi district courts,
all nuisances and complaints for defective highways, and pcTioTcoun.'
may in such cases punish by fine not exceeding one hun-
dred dollars, or imprisonment in the jail or house of
correction not exceeding one year, or by both said punish-
ments.

Section 2. Executions issued by district, municipal Executions may
and police courts may be executed, and shall be obeyed county.
in every county to which they are directed.

Section 3. The provisions of chapter thirty-six, and f8'';7'|e°"and^
section three of chaijter three hnndred and thirty-six of is'-i! 336, §3, to

,, , /.,, -li 1 IT 1 ^r- iiPP'y to munici-

the acts of the year eighteen hundred and seventy-tour, pai courts.
shall apply to municipal courts.

Section 4. The followins: fees may be taxed and Foes and aiiow-

... . ^..,*^,. ■,-... ances in criminal

allowed in criminal cases in municipal, police and district cases.
courts, and by justices of the peace and trial justices : —

Receiving complaint, administering- oath and issuing
warrant, fifty cents ;

Entering a complaint, rendering judgment and record-
ing same, examining, allow^ing and taxing costs, and filing
papers, seventy-five cents;

For a subpoena for one or more witnesses, ten cents ;

For a trial, or for a hearing or an examination, on a
plea of guilty or nolo contendere, one dollar ;

For attendance of an officer on the court, one dollar a
day, upon one warrant only, if there be two or more
against the same defendant at the same time ; but if the
trial in any case is continued upon the arraignment without
any examination, no foe for officer's attendance upon the
day of arraignment shall be taxed. Said fee for ofiicer's
attendance, if collected, shall be paid to the treasurer of
the town, city or county as now provided by law, in all
said courts in which an officer is in attendance upon the
court under a salary or a per diem allowance.

224 1876.— Chapter 227.

For taking a recognizance, of principal and sureties,
twenty cents ; of witnesses, in each case, one fee of twenty
cents ;

For copies upon appeal, or for the grand jury, two
dollars ;

For a mittimus, twenty-five cents ;

Also, the legal fees of officers and witnesses, the fees
now allowed on account of loclv-up, and such necessary
disbursements as may have been made by order of the
court or of the district-attorney. Trial justices and justices
of the peace shall be allowed their actual expenses incurred
for necessary travel.
Costs in civil Section 5. Parties recovering costs in civil actions in

district, municipal and police courts, and before justices
of the peace, shall be allowed as follows : —

To the plaintiff or complainant ; for writ and declaration,
or petition, or complaint, one dollar;

For entry of an action, or filing a complaint or petition,
including filing of papers, examining, allowing and taxing
the bill of costs, entering up judgment and recording the
same, one dollar ;

For an attorney's fee, when there is an appearance for
defendant, two dollars and fifty cents; in all other cases,
one dollar and twenty-five cents ;

For term fee, excepting before justices of the peace,
who shall allow one dollar, one fee of three dollars where
an appearance is entered for a defendant or a trustee ; where
there is no appearance, one fee of one dollar ;

For travel and attendance, the same fees now allowed
by law ;

For execution, twenty-five cents ;

For trial of an issue, one dollar ;

For such disbursements as are not herein specially pro-
vided for, the same as are now allowed by law.

To the defendant, costs shall l)e allowed for travel,
attendance, one term fee of three dollars, excepting before
justices of the peace, who shall allow one dollar, an
attorney's fee of two dollars and a half, twenty-five cents
for taxation of costs, and such disbursements as are not
herein specially provided for, the same as are now allowed
by law.

To trustees recovering costs there shall be allowed : —

For attorney's fee, two dollars and fifty cents ;

1876.— Chapters 228, 229. 225

For answers to interrogatories, such allowance as the
court may order ;

For travel and attendance, the same fees as now pro-
vided by law ;

For taxation of costs, twenty-five cents ; and such dis-
bursements not herein specially provided for, as are now
allowed by law.

To adverse claimants such fees may be allowed as the
court may, under the circumstances, deem reasonable.

In proceeding under the bastardy laws, the costs shall
l)e the same as in civil cases, and in addition thereto, a
fee of fifty cents for receiving complaint and issuing war-
rant, to be taxed for complainant, and one dollar for each
bond given by respondent, to be taxed for respondent.

Section 6. Said courts shall collect of the plaintiff or Fees collectable
petitioner the said fees for entry, trial and execution ; for ^'^''"^ p'^^'^'^^-
each order of notice, and rule of reference, fifty cents ; in
bastardy cases the fee for entering complaint and issuing
the warrant, and such fees for copies as are now allowed
by law ; and no other costs shall be demanded of the
plaintiff.

Said courts shall collect of the defendant, trustee and
adverse claimant said fee for taxation of costs and execu-
tion, when an execution is taken, and such fees for copies
as are now allowed by law, and the fee of one dollar for
approving each bond in bastardy cases ; and no other costs
shall be demanded of them.

Section 7. All laws inconsistent with the provisions Repeal.
of this act, are hereby repealed. Ajjproved April 28, 1876.

An Act to amend chapter one hundred and forty-eight ov

THE general statutes COXCERXING MEADOWS.

Chap. 228
Be it enacted, &c., asfolloivs :

Section 1. Section second of the one hundred and forty- Amendment to
eighth chapter of the General Statutes is hereby amended *^" ^" "^' ^ ^"
by adding the words "either in value or area," after "in-
terest," in the first line of said section.

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

Aiiproved April 28, 187G.

An Act authorizixg certain railroad corporations to hold

STOCK in the union FREIGHT RAILWAY COMPANY.

Be it enacted, &c., asfolloivs :

Section 1. Any railroad corporation now or hereafter Railroad hav-
having a terminus in Boston, may purchase and hold stock Boston may puu
in the Union Freight Railway Company : 2^ rovided, that ftockiaVnion

Chap. 229

226 1876.— Chapter 229.

com^^an^"^"'^"^ Johii D. Biitcs, at presciit a stockholder in the Union
Freight Railway Company, or in case of his decease, his
personal representatives, may at any time within one
year from the passage of this act, tender to any corpora-
tion owning shares in said company a valid transfer and
conveyance of all his shares of stock, and that such cor-
poration, upon such tender, shall pay to said Bates, or in
case of his decease, to his personal representatives, a sum
of money equal to the par value of the shares of stock
tendered as aforesaid ; and provided^ further, that said
Union Freight Railway Company shall charge to and re-
ceive of corporations holding shares of its capital stock,
no other rates and charg^es for carrianje of freicfht than are
charged to and received of other corporations and indi-
viduals.

Any railroad SECTION 2. Any railroad corporation whose road meets

meeting Union i n ^ t • • ^ • /^

Freight Railway thc road of thc Uuiou Freight Railway Company, may in
and use the the mauucr prescribed by the board of aldermen of Boston,
same.i eutcr upou, uuitc its road with and use the road of the

Union Freight Railway Company for the transportation of
freight ; in which case both corporations shall be subject
to the provisions of sections one hundred sixty-five, one
hundred sixty-six and one hundred sixty-seven of chapter
three hundred seventy-two of the acts of the year eighteen
hundred and seventy-four, and all the other provisions of
said chapter applicalile to freight railways and regulating
rates of freight and freight accommodations for the public,
shall be applicable to the Union Freight Railway Compan3\
The cars on said road may be drawn by steam power, sub-
ject to the approval of the board of aldermen.
Rights of Com- Sections. Nothing in this act contained shall be con-
n.id Marginal strucd as afFcctiug the legal rights of the Commercial
L'ffffSy'^'' Freight and Marginal Freight railway companies.
iiepcai. Section 4. The second section of chapter three hun-

dred and forty-two of the acts of the year eighteen hun-
dred and seventy-two is hereby repealed ; and the third
section of said chapter is amended l)y striking out the word
" five " and inserting instead thereof the words " three and
a half."

Section 5. This act shall lake efiect upon its passage.

Approved April 28, 1876.

1876.— Chapter 230. 227

An Act to incorporate the Springfield safe deposit and (JJiap. 230

TRUST company.

Be it enacted, &c., as follows :

Section 1. James D. Brewer, Homer Foot and Daniel corporators.
B. Wesson, their associates and successors, are hereby made
a corporation by the name of the Springfield Safe Deposit Name and pur-
and Trust Company, to be located at Springfield, for the ^°^^'
purpose of receiving on deposit, storage or otherwise,
government securities, stocks, bonds, coins, jewelry, plate,
valuable papers and documents, evidences of debt, and
other property of every kind, and of collecting and dis-
bursing the interest or income upon such of said property
received on deposit, as produces interest or income, and
of collecting and disbursing the principal of such of said
property as produces interest or income when it becomes
due, upon terms to be prescribed by the corporation, with
all the powers, and subject to the duties, restrictions and
liabilities set forth in the sixty-eighth chapter of the Gen-
eral Statutes, and in all the general laws, which now are
or hereafter may be in force, relating to such corporations.

Section 2. Said corporation may act as agent for the May act as agent

^ • . • J. • J. • • 1.1 for issuing

purpose of issmng, registering or countersigning the cer- bonds for any
tificates of stock, bonds or other evidences of indebted- ^^^''po'^t'o"-
iiess of any corporation, association, municipality, state
or public authority, on such terms as may be agreed
upon.

Section 3. Any court of law or of equity, including A.ny court may
courts of probate and insolvency, of this state, may by moneys under
decree or otherwise, direct any moneys or properties under be depo^sued'*^
its control, or that may be- paid into court by parties to J^t\on!''^ *^°'^^°'
any legal proceedings, or Avhich may be brought into court
by reason of any order or judgment in equity or other-
wise, to be deposited with said corporation, upon such
terms and subject to such instructions as may be deemed
expedient : jorovided, lioiuever, that said corporation shall Proviso.
not be required to assume or execute any trust without its
own consent. Said corporation shall also have power to
receive and hold moneys or property in trust or on deposit
from executors, administrators, assignees, guardians, trust-
ees, corporations or individuals, upon such terms and
conditions as may be obtained or agreed upon ; and such
deposits or transfers of property in trust, when so made
by such courts or persons, shall be taken to be a lawful
investment and disposition thereof.

228

187G.— Chapter 230.

Investments in
authorized loans
of the United
States, New
England states,
etc.

Trust property
to constitute a
special deposit.

To have on
hand at all
times, as a re-
serve, fifteen per
cent, of amount
of deposits sub-
ject to with-
drawal on de-
mand.

Proviso.

Section 4. All moneys or properties received under
the third section of this act, unless by the terms of the
trust some other mode of investment is prescribed, to-
gether with the capital of the corporation, shall be loaned
on or invested only in the authorized loans of the United
States or of any of the New England states, or of cities
of such states, or counties or towns of this state, or stocks
of state or national banks organized within this Common-
wealth, or the first mortgage bonds of any railroad com-
pany incorporated by any of the New England states
which has earned and paid regular dividends on its stock
for two years next preceding such loan or investment, or
the bonds of any such railroad company which is unin-
cumbered by mortgage, or first mortgages on real estate
w,ithin this Commonwealth, or upon notes of manufactur-
ing corporations created under the laws of this Common-
wealth, with two sureties, or of individuals with a suffi-
cient pledge of any of the aforesaid securities, or in any
securities in which savings banks of this state are allowed
to invest, or may be loaned to the Commonwealth, or to
any county, city or town therein ; but all real estate ac-
quired by foreclosure of mortgage, or by levy of execu-
tion, shall be sold at public auction within two years
thereafter.

Section 5. All money or property held in trust under
the third section shall constitute a special deposit, and the
accounts thereof shall be kept separate, and such funds
and the investments or loans of them, shall be specially
appropriated to the security and payment of such deposits ;
and for the purpose of seciuing the observance of this
proviso, said corporation shall have a trust department, iu
which all business pertaining to such trust property shall
be kept separate and distinct from general business.

Section G. Said corporation shall at all times have on
hand, iu lawful money of the United States, as a reserve,
an amount equal to lifteen per centum of all deposits pay-
able on demand, or within ten days; and when said
reserve shall be below such per centum of such deposits,
said company shall not make new loans nor make any
dividend of its profits until the required proportion be-
tween the aggregate amount of its deposits and its reserve
shall be restored : provided, that clearing-house certifi-
cates, representing specie or lawful money specially de-
posited for the purpose, of any clearing-house association

1876.— Chapter 230. 229

of which said corporation may be a member, may be
reckoned as a part of said reserve ; provided , further ^ that
one-third of said fifteen per centnni mjiy consist of bal-
ances due and payable on demand from any national bank
in the Commonwealth which has been approved by the
commissioner of savings banks, and one other third of
said fifteen per centum may consist of bonds of the United
States or of this Commonwealth, the absolute property of
said corporation.

Section 7. Said corporation shall make a semi-annual Tomakesemi-

j , . . ,. . 1 1 • ii • /^ annual returns

return to the commissioners of savings banks in this Com- and not less
monwealth on the second Mondays of May and November, UOTafmrnnl'^''
and uot less than three additional returns during each ers''o7'^vTngs"
year, according to a form to be prescribed by said commis- tanks.
sioners, verified by the oath or affirmation of the president
or treasurer of such corporation and attested by at least
three of the trustees ; each such report shall exhibit in
detail and under appropriate heads, the resources and lia-
bilities of the corporation at the close of business on any
past day l)y him specified, and shall be transmitted to the
commissioners within five days after the receipt of a re-
quest or requisition therefor from him, and the same form
in which it is made to the commissioners shall be pub- Returns to be
lished in a newspaper published in the place where such newspapl-^.
corporation is established, or if there is no newspaper in
the place, then in one published nearest thereto in the
same county, at the expense of the corporation ; and such
proof of publication shall be furnished as may be required
by the commissioners ; said semi-annual return shall also
specify the following, namely : capital stock ; amount of
all moneys and property, in detail, in the possession or
charge of said company as deposits, trust funds or for
purposes of investment ; number of depositors ; invest-
ments in authorized loans of the United States, or of any
of the New England states, or cities or counties or towns,
stating amount in each ; invested in bank stock, stating
amount in each ; invested in railroad stock, stating amount
in each ; invested in railroad bonds, stating amount in
each ; loans on notes of corporations ; loans on notes of
individuals : loans on mort2:ao:e of real estate ; cash on
hand, all as existing at date of making such return, with
the rate, amount and date of dividends since last return ;
and the commissioners of savings banks shall have access
to the vaults, books and papers of the company, and it

230 1876.— Chapter 230.

shall be his duty to inspect, examine and inquire into its

aflairs, and to take proceedings in regard to them in the

same manner and to the same extent as if such corporation

were a savings bank, subject to all the laws which now are

or hereafter may be in force relating to such institutions

in this regard.

viSnsVf ms, Section 8. Said corporation shall be subject to the

283. provisions of chapter two hundred and eighty-three of the

acts of the year eighteen hundred and sixty-five, and any

acts now existing or which may hereafter be passed in

amendment or lieu thereof.

To make annual SECTION 9. Said Corporation shall annually, between

return to tfix v

commissioner of the first and tenth days of May, return to the tax comrais-
frtyhdd^io'^* sioncr a true statement, attested by the oath of the
''"''*'• president, treasurer or actuary of the corporation, of all

personal property held upon any trust on the first day of
May, which would be taxable if held by an individual
trustee residing in this Commonwealth, and the name of
every city and town in this Commonwealth where any
beneficiary resided on said day, and the aggregate amount
of such property then held for all beneficiaries resident in
each of such cities and towns, and also the aggregate
amount held for beneficiaries not resident in this Common-
wealth, under the pains and penalties provided in section
fourteen of said chapter two hundred and eighty-three of
the acts of the year eighteen hundred and sixty-five and
acts in amendment thereof, for corporations failing to
make the returns provided in said act.
To pay tax into Said corporatiou shall annually pay to the treasurer of

state treasury. '■ j i. %j ^

the Commonwealth a sum to be ascertained by assessment
of the tax commissioner, upon an amount equal to the
total value of such property, at the rate ascertained and
determined by him, under section five of said chapter two
hundred and eighty-three of the acts of the year eighteen
hundred and sixty-five, and acts in amendment thereof.
To make annual SECTION 10. Said corporatiou shall also annually,
amountdoposit- betwccu the first and tenth days of May, return to the
forTnvelt^^wu*!' commissioucrs a, true statement, verified by the oath of the
president and treasurer or actuary of the corporation, of
the amount of all sums deposited with it on interest or for
investment, other than those specified in the ninth and
twelfth sections of this act, together with the name of
every city and town of this Commonwealth where any
beneficiary owner resided on said first day of May, and

1876.— Chaptee 230. 231

the aggregate amount of such deposits then held for the
benefit of persons residing in each of such cities and
towns, under a like penalty. Said corporation shall
annually pay to the treasurer of the Commonwealth a sum
to be ascertained by assessment of the tax commissioner
upon an amount equal to the total value of such deposits
at three-fourths of the rate ascertained and determined by
him under said section five of chapter two hundred and
eighty-three of the acts of the year eighteen hundred and
sixty-five, and acts in amendment thereof.

Section 11. No taxes shall be assessed in any city or Taxes not to be
town for state, county or town purposes, upon or in town Ifn prop"e^.
respect of any such property held in trust or any such or deplsUedT*

amounts deposited on interest or for investment as are i"^*-' .

.„-.':,. -. . . . investment.

rest or for
invf

specified in the two preceding sections ; but such propor-
tion of the sums so paid by said corporation as corresponds
to the amount of such property held for beneficiaries or
payable to persons resident in this Commonwealth, shall
be credited and paid to the several cities and towns where
it appears from returns or other evidence that such bene-
ficiaries resided on the first day of May next preceding,
according to the aggregate amount so held for beneficiaries
and persons residing in such cities and towns respectively ;
and in regard to such sums as are to be assessed and paid
as aforesaid, said corporation shall be subject to sections
eleven, twelve, thirteen, the last paragraph of section
fifteen, and section seventeen of said chapter two hundred
and eighty-three of the acts of the year eighteen hundred
and sixty-five, and acts in lieu or amendment thereof, so
far as the same are applicable thereto.

Section 12. Deposits with said corporation which can Deposits wuii-
be withdrawn on demand or within ten days, shall for ^^al^^o\e°
purpose of taxation be deemed money in possession of the seTskfnof"payc'e.
person to whom the same is payable.

Section 13. The shareholders of said corporation shall shareholders to
be held individually liable, equally and ratably, and not ufuiy HabVfor"
one for another, for all contracts, debts and engagements rat^ou?^ ''°'^'^°"
of such corporation to the extent of the amount of their
stock therein at the par value thereof, in addition to the
amount invested in such shares. The provisions contained
in sections forty to forty-nine inclusive of chapter two
hundred and twenty-four of the acts of the year eighteen
hundred and seventy, shall apply to and regulate the
enforcement of this liability : 7;?'c»i7'(?e(;Z, hoivever, that in

232

1876.— Chapter 231.

Kca] estate.

Capital stock.

case proceedings shall be taken for winding up the business
of said corporation by the appointment of receivers or
trustees under the direction of the supreme judicial court,
as is provided by law in the case of savings banks, and it
shall appear that there is not a sufficiency of assets to
discharge the liabilities of the corporation without resort
to the liability herein imposed upon the shareholders, a
bill in equity, as provided in the forty-second section of
said chapter, shall be filed by such receivers or trustees.
No creditor shall, after the appointment of such receivers
or trustees, be allowed to file any such bill, and such
receivers or trustees may be substituted as plaintifis in any
such bill which is pending at the time of their appointment,
at any time before final decree.

Section 14. Said corporation shall be entitled to pur-
chase and hold, for its own use, real estate not exceeding
in value one hundred thousand dolhirs.

Section 15. The capital stock of said corporation shall
be two hundred thousand dollars, with the privilege to
increase the same to five hundred thousand dollars ; and
the same shall be paid for at such time and in such manner
as the board of directors shall decide : provided., that no
business shall be transacted by the corporation until the
whole amount is subscribed for and actually paid in ; and
no shares shall be issued until the par value of such shares
shall have been actually paid in in cash.

Section 16. The shares of the Springfield Safe Deposit
and Trust Company shall be assignable and transferable
according to such rules and regulations as the stockholders
shall for this purpose ordain and establish, and not other-
wise. Approved April 28, 187G.
Chcip. 231 An Act to pkovide fok the appointment of an additional

COMMISSIONER OF SAVINGS BANKS.

Be it enacted, &c., as folloius :

Section 1. An additional commissioner of savings
banks shall be appointed by the governor with the advice
and consent of the council, and sui)jcct to removal in like
manner.

Section 2. Said commissioner and the commissioncM- of
savings banks already provided for by law, shall consti-
tute a board of commissioners of savings banks.

Section 3. Said ])()ard of commissioners shall perform
all the duties and exercise all the jiowers specified in the
act to provide for a commissioner of savings banks, con-

Transfer of

stock.

Additional com-
missioner of
eavings l)anks to
be apijoiuted.

Board of com-

ruisBiuucrs.

Powers and du
ties.

1876.— Chapter 232. 233

taincd in chapter one hundred and ninety-two of the acts
of the year eighteen hundred and sixty-six ; and shall also
perform all other duties and exercise all other powers
required by existing laws and by laws that shall be here-
after enacted.

Section 4. Said commissioners shall each receive, to- Compensation
gather with their actual necessary travelling and office ex- '^^ expenecB.
penses not exceeding the amount actually paid by them,
the same salary that is now or may hereafter be fixed by
law for the commissioner whose appointment is provided
for in said chapter one hundred and ninety-two of the acts
of the year eighteen hundred and sixty-six.

Section 5. All acts and parts of acts inconsistent here- Repeal.
with are hereby repealed. Ai^proved April 28, 1876.

An Act in addition to an act to supply the city of worces- QJiar). 232

TER WITH PURE WATER. •^'

Be it enacted, tfec, as follows:

Section 1. The city of Worcester is hereby authorized May purchase
to hold, by purchase, the waters of Kettle Brook, so called, Brook in
or any reservoir thereon, in the town of Leicester or Pax- ^"'='=^'^^'■•
ton, and to purchase the right to conduct the same into the
Lynde Brook Reservoir in said Leicester, and to purchase
any land necessary for the construction of dams or reser-
voirs or for the laying of pipes for this purpose.

Section 2. The said city is also authorized to purchase May purchase
any water rights, water privileges, mills or manufacturing mms', etl^*'
establishments, the lands, buildings and machinery used,
owned and connected therewith, which would be injured
by the diversion of the waters of said brook as aforesaid,
and which are situated above the village of Trowbridge-
ville \i\ said Worcester ; also, to purchase any water rights
which would be affected by the diversion of the waters of
said brook as aforesaid.

Section 8. The said city of Worcester is also author- May purchase
ized to hold, by purchase, the waters of Mill Brook, North S'aiKiMm^
Pond and Weasel Brook, situated in the north part of said |J',!oots''^^'^^
city; also, to purchase any land necessary for the building
or maintaining of dams, reservoirs or pipes for the purpose
of conducting the water of said streams and pond into said
city for the use of the inhabitants thereof.

Section 4. The said city is also authorized to purchase May purchase
any water rights, mills or manufacturing establishments wWehm^a'^/be
with the buildings, lands and machinery used, owned and v":'n[ng\vateri
connected therewith, which may be injured by the conduct-
so

23i

1876.— Chapter 233.

County commis-
sioners may lay
out highway
over the dike at
the mouth of
Eastern Harbor.

ing of the waters of said streams and pond into the city
as provided in section three of this act : provided, the same
are situated above the estate of the Washburn and Moen
Manufticturing Company ; also, to purchase any water
rights which may be affected by the diversion of the waters
of said streams and pond as aforesaid.

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

A^iproved April 28, 1876.
Char). 233 An Act to authorize the county commissioners of the

COUNTY of BARNSTABLE TO LAY OUT A HIGHWAY OVER LAND
OF THE COMMONWEALTH IN THE TOWNS OF TRURO AND PROV-
INCETOWN.

Be it enacted, &c., as follows:

Section 1. The county commissioners of the county
of Barnstable are herel)y authorized and empowered, if in
their judgment the public convenience and necessity require
it, to lay out and cause to be constructed a highway over
or upon the dike or causeway lately constructed by the
Commonwealth at the mouth of Eastern Harbor, so called,
in said county, for the purpose of connecting the highway
at Beach Point, so called, with the highway in the town of
Provincetown : provided, that the said commissioners shall
first obtain the consent of the United States eniTjineer hav-
ing the said dike or causeway in charge.

Section 2. In case said commissioners shall judge that
the public convenience and necessity require such highway
over or upon said dike or causeway, they shall in all
respects proceed as is now required by law for laying out
and constructing highways, and they shall apportion the
cost of constructing and maintaining said highway between
the towns of Truro and Provincetown and the county of
Barnstable, as shall seem to them equitable and just ; and
any damage or injury, if any, that may result to said
causeway by the location of a highway thereon, shall also
be paid by said towns and county as said commissioners
may determine.

Section 3. This act shall be void unless said highway
shall be constructed and opened for public use within two
years from the passage of this act.

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

Approved April 28, 187G.

niehway to be
maintained by
Provincetown
and Truro and
tlie county.

To be con.
Btructed within
two years.

1876.— Chapters 234, 235. 235

As Act ix relation to the custody and protection of records Qhaj). 234

AND PAPERS OF PROBATE COURTS.

Be it enacted, &c., as follows :

Section 1. The county commissioners of the several Fire-proof

,1, . 1 T • ^ • ij- n rooms for regia-

counties shall provide and maintain ample hre-prooi rooms, tries of probate.
with suitable alcoves, cases and boxes for the safe-keeping
of all records, files, papers and documents belonging to the
several registries of probate.

Section 2. Whenever in the opinion of any iudsre of Additional

, •-,.., ,., "^ -I !• • ^ ^ rooms to be pro-

the supreme judicial court the accommodations provided vided upon cer-
for in the foregoing section are insufficient, he shall, on judgTof ttes.
application of the judge or register of probate of any '^•^•
county, certify the need of additional accommodations to
the county commissioners of the county from which the
application comes, who shall thereupon proceed forthwith
to provide such additional fire-proof rooms and other ac-
commodations as shall be necessary.

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

Approved April 28, 1876.

An Act to amend chapter one hundred and three of the Chap. 235

GENERAL STATUTES, AND CHAPTER ONE HUNDRED AND EIGHTY-
EIGHT OF THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND
SEVENTY-FOUR, RELATING TO SALES OF LANDS AND RIGHTS ON
EXECUTION.

Be it enacted, &c., as follows :

Section 1. Section forty-four of chapter one hundred saies of lands

„,^~ 1/^ • T T 1 • j_' and rights on

and three of the General Statutes is amended by inserting execution.
after the word "sale," in the third line thereof, the words, ^j g ^gg .^
or within such further time and upon the terms allowed
under the provisions of section forty-eight of this chapter ;
and section forty-eight of said chapter is amended by add-
ing thereto the words, and such lands or rights when sold
on execution may be redeemed by the defendant in said
suit, or by any person lawfully claiming under him, within
three months from the date of the judgment recovered in
said suit for possession in the manner and according to the
terms and conditions prescribed in section forty-four of
this chapter, on paying the costs in the suit for possession
of such lands or rights.

Section 2. Section three of chapter one hundred and Amendment to

18*4 ISS 5 3

eighty-eight of the acts of the year eighteen hundred and ' ■ ■ •
seventy-four is amended by inserting aftipr the word
"year," in the second line thereof, the words, or within
such further time and upon the terms allowed under the
provisions of section four of this chapter ; and section four

236

1876.— Chapter 236.

Chap.

of said chapter one hunclrcd aud eighty-eight is amended
by adding thereto the words, and such hands and rights
may be redeemed by the defendant in said suit, or by any
person hiwfuUy chiiming under him, within three months
from the date of the judgment recovered in said suit for
possession, in the manner and upon the same terms aud
conditions as are prescribed in the case of a sale on execu-
tion, of the riojhts of redeemiufj mortsraijed hmds.

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

Apj^roved April 28, 1876.

236 An Act for the relief of the eastern railroad company, and

TUE securing of ITS DEBTS AND LIABILITIES.

Three tnistcos
to be ai)poiiitfd.

Be it enacted, &c., as folloios :
Eastern Rail- SECTION 1. The Eastcm Railroad Company is hereby

1*03.0. mflv mort- j. •/ */

gage its present authorizcd, for tlic purposc of securing its existing debts
bo^acqui" ed ^ *° aucl liabilities, to execute a mortgage of all its present aud
property. j^^ futurc to bc acquircd property, including its franchises,

railroad, branches, lauds, buildings, structures, rolling
stock, machinery, leases, rights, privileges, tolls, and all
other its property and estate, wheresoever situated, and
whether now oAvned by it or which may be hereafter
acquired, to three trustees, to be appointed in the manner
hereinafter provided, with the provisions for the succession
in said trust hereinafter provided, and to issue certificates
of indebtedness as hereinafter set forth, to be secured by
said mortgage, and to be distributed and applied to the secur-
ing of its debts in the manner hereinafter provided. And
said trustees shall be trustees for holdinof and distributing
the certificates of indebtedness to 1)e issued, and for the
sinking fund hereinafter created, and for the other purposes
set forth, as well as trustees under said mortgage ; and said
trust and all the provisions hereinafter made for the issu-
ing of certificates of indebtedness, the appointment of
trustees and the election of directors by the holders of
said certificates of indebtedness shall take effect distinctly
from, and irrespective of, the trusts and title created
under said mort<>:a2:e. The said three trustees shall bo
appointed, and any of said trustees, or of their successors
in office, may be at any time removed by a single justice
of the supreme judicial court, sitting in equity in any
county, at any time after the passage of this act, upon
application of any party interested as stockholder, creditor,
officer of said Eastern Kailroad Company, or otherwise,

1876.— Chapter 236. • - 237

and after such notice as the court, or any justice thereof,
may order.

Section 2. Said mortgage shall be recorded in the Mortgage to be
several registries of deeds, for the counties of Suffolk, foik'.'^EssJxaud"
Middlesex and Essex ; and when so recorded, notice ^ulnieltlnd
thereof shall be iniblished at least twice a week for three notice thereof to

i , , be published in

successive weeks, m two or more daily newspapers pub- newspapers.
lished in the city of Boston, and in one or more daily
newspapers in the city of New York, and in London,
England ; and such advertisements shall give notice to all
creditors of said corporation to present their claims to said
corporation or to the trustees named in said mortgage.

Section 3. Said corporation shall make and issue, to May issue cer.
such an amount as shall be required for the purposes of dfbTedness p"ay
this act, its certificates of indebtedness payable in thirty yea'rs^^'""^
years ending the first day of September, nineteen hundred
and six, expressed to be payable in the sterling money of
Great Britain or in gold dollars of the United States, with
coupons for the payment of semi-annual interest thereon.
Such portion of said certificates of inde1)tedness as shall
be payable in the money of Great Britain, shall be of one
hundred pounds or two hundred pounds sterling each, and
shall be payable as to their principal and interest in said
London ; and such portion of said certificates of indebted-
ness as shall be made payable in gold dollars, shall be of
five hundred dollars or of one thousand dollars each ; the
interest on said certificates of indebtedness for the first
three years after the first day of September, eighteen hun-
dred and seventy-six, shall be at the rate of three and
one-half per centum per annum in gold, and for the next
three years, at the rate of four and one-half per centum
per annum in gold, and after six years from said first
day of September, at the rate of six per centum per annum
in gold.

Section 4. The certificates of indebtedness so made certificates to
by said corporation shall be deposited Avith said trustees, il^l^^^m^
and shall be issued and delivered by them to the creditors fi|aUon"f °^"
of said corporation in exchanize for its existing]:: debts and
obligations to an equal amount as the same shall be ascer-
tained and liquidated as hereinafter provided, and shall
be used for no other purpose except as provided in this
act ; and creditors now holding obligations of said corpo-
ration payable in the money of Great Britain, shall be
entitled to receive therefor certificates of indebtedness

238 1876.— Chapter 236.

payable ia the like money ; and all other creditors shall be
entitled to receive certiticates of indebtedness payable in
gold dollars of the United States ; and for any fractional
amount of debt of each class less than one hundred pounds
sterling or than five hundred dollars, said trustees may
issue scrip certificates, negotiable, and to be redeemed in
certificates of indebtedness, when presented in sums of
one hundred pounds sterling or of five hundred dollars.
filrntshed with a SECTION 5. For the purposc of ascertaining and liquidat-
schcduie of all ing the debts of said corporation to be secured under said
ligations. ' mortgage, said corporation shall, within ten days after the
recording of said mortgage, make up and deposit with
said trustees, a schedule of all of its outstanding bonds
and notes heretofore issued, and of all its ascertained
debts due, whether payable at present or at a future time ;
To adjust and said trustees shall forthwith, from time to time, adjust
*'°^- with the several creditors of said corporation the amount

of their several debts and claims ; and the amount due on
said bonds, notes and all other debts so adjusted shall be
made up as cash, with addition or rebate of interest, as
the case may be, to the first day of September, in the
year of our Lord one thousand eight hundred and seventy-
six, — that is to say, where such debt or obligation is pay-
able in any currency other than gold, the same shall be
adjusted without change in amount ; and where such debt
or obligation is payable in gold or in the sterling money of
Great Britain, the same shall be adjusted by adding to the
amount of such debt or obligation the premium on gold
on said first day of September upon the amount of interest
then accrued ; and the amount so determined shall be the
sum for which each creditor holding such adjusted and
ascertained claim, shall be entitled to receive an equal
amount of certificates of indebtedness issued under this
act ; and said trustees shall set apart and hold an amount
of such certificates of indebtedness equal to such claims,
to be at any time exchanged for the existing debts and
obligations of said corporation.
Claimant ag- SECTION 6. Auv l)erson asscrtiii*]: a claiui airainst said

grieved may ap- . , ",- \- /• i • i "^ i

ply to s. J. c. corporation, the validity or amount or which is not au-
cJuntj, and Hiittcd by Said trustees or said corporation, may apply to
mT"ap''' the supreme judicial court for the county of Sufiblk, sitting
L^rmini*'' *^''" "^ cipiity, by petition sotting forth his claim, and that the
same is not admitted ; and upon such application said
court shall appoint three commissioners, who shall hear

187G.— Chapter 236. 239

and determine the same, and all other claims of parties
claiming to be creditors of said corporation which shall bo
presented before them ; and said commissioners shall fix
such times and places for such hearings, and shall give
such notices thereof as said court shall order ; and all
claims found by said commissioners to be due from said
corporation, shall be made up as cash to said first day of
September in the manner hereinbefore provided, and a
schedule thereof, and a report of their doings in the
premises, shall be returned by them to said court, which
shall have power to confirm, or recommit, or set aside the
same, in whole or in part.

Section 7. Any party aggrieved by the finding of Party aggrieved
said commissioners shall have the same right to appeal, commis^oners
and to have the matter of such appeal determined by a Serefromf
jury in the superior court for the county of Suffolk, or the
supreme judicial court for said county, according to the
amount of his claim, in the same manner as is by law
provided in cases of appeal from commissioners appointed
to determine claims against the estates of deceased persons
represented as insolvent ; and any person having a suit
pending against said corporation at the date of the passage
of this act, may elect to present his claim before such
commissioner or to proceed to final judgment in said suit.

Section 8. Any creditor whose claim shall be allowed when disputed

1 . -, . . '' 1 Tiji , J claim has been

by said commissioners, and approved by the court to adjusted, certifi-
which their report shall be made, and any party who shall '^^'^^ to iBsue.
recover final judgment on appeal or in suit as herein pro-
vided, shall be entitled at any time thereafter to receive
from said trustees an amount of certificates of indebted-
ness issued under this act equal to the amount of his claim
so ascertained, made up as cash to said first day of Sep-
tember, as hereinafter provided ; but no claim shall be
received for proof before said commissioners, or acted on
by them, unless the same be presented for proof within
one year from the date of the first meeting of said com-
missioners for hearing such claims : j)roviedd, hoivever,
that such limitation of time shall not apply to any claim
included by said corporation in its schedule, provided in
the fifth section of this act, and admitted by said trustees.

Section 9. The three preceding sections shall apply Rigbts of par-
to all claims which can be the subject of an action at law, ofben/abmties
whether in contract or tort, and any person claiming to milJed'^^^fsu.
bold against said corporation any other liability, and to be preme judicial

240

1876.— Chapter 23G.

court in equity
for Suffolk
County.

Record to be
kept of all cer-
tificates issued.

Separate meet-
ings of stock,
holders and cer-
tificate-holders
to be held for
choice of direct-
ors.

entitled, under section fifty-one of chapter three hundred
and seventy-two of the acts of eighteen hundred and
seventy-four or otherwise, to be secured under the mort-
gage hereby authorized, may apply by bill or petition to
the supreme judicial court sitting in equity for the county
of Suffolk, setting forth his claim, and praying that
said liability and his rights in the premises may be de-
clared, established and defined ; and said court shall have
power to determine, and shall, after hearing, by fit order
and decree, pass upon, determine, declare and establish
whether such liability exists, and the validity, nature and
extent of said claim, and the manner and extent to which
the same is entitled to be secured under said morta^as^e,
and all the rio^hts of such claimant and the oblis^ations of
said corporation in the premises ; or the like proceed-
ings may be had in any court of the United States of
competent jurisdiction : provided, Jioicever, that such bill
or petition shall be filed, or proceedings commenced,
within one year from the recording of said mortgage ; and
any and all liabilities so established and decreed, shall be
secured, under the mortgage hereby authorized, in the
manner and to the extent determined by such orders and
decrees.

Section 10. Said corporation, as well as said trustees,
shall keep a true record of all certificates of indebtedness
issued under said mortgage, and of all certificates of in-
debtedness redeemed and cancelled ; and said corporation
shall include in its annual return to the railroad commis-
sioners, a statement of the amount of certificates of in-
debtedness outstanding at the date of such returns certified
by the trustees under said mortgage ; and provision shall
be made in said morto^ao^e for re<ristration of the owner-
ship of said certificates of indebtedness, for the purpose
of determinin<? the rio^ht of votinsj thereon as hcreia
provided.

Section 11. Within sixty days after the recording of
said mortgage, the then president of the Eastern Kailroad
Company, or, in the event of his refusal or failure so to
do, the trustees named in said mortgage, shall call a meet-
ing of the stockholders of said corporation, and a meeting
of the holders of certificates of indebtedness under said
mortgage, to be held separately', but at the same time and
place, in Boston, notice of which meetings shall bo pub-
lished daily for at least three weeks in three or more daily

1876.— Chapter 236. 241

newspapers published in said Boston ; and at said meetings Meetings for
so held, said stockholders shall choose in the usual manner ors."'*'"
three directors, and said holders of certificates of indebted-
ness shall choose by a majority vote of those present, or
voting by proxy, six directors ; and the nine persons so
chosen shall constitute the new board of directors of said
corporation ; and thereafter in each year a board of direct-
ors of said corporation shall be chosen in the same man-
ner. The annual meetings of said stockholders and of
said holders of certificates of indebtedness shall be held at
such time and place in said Boston as may be prescribed
by the by-laws of said corporation, or in default of such
provision at such time and place as said trustees shall
designate ; and the directors so chosen shall hold their
oflBce until others shall be chosen in their stead. At such
meetings of holders of certificates of indebtedness, one or
more of said trustees shall preside, and in their absence
one of said holders of certificates of indebtedness ; and
each holder of a certificate of indebtedness shall be entitled
to vote in person or by proxy, casting one vote for each
one hundred pounds or for each five hundred dollars held
by him of said certificates of indebtedness, according to
the registration list of said certificates of indebtedness, a
copy of which shall be furnished to said trustees by said
corporation for use at said meetings, and which shall be
conclusive as to the right of voting. Whenever it shall when indebted-
appear by the annual return, made and certified as pro- ^educ^ed'to $io,-
vided in the tenth section of this act, that the whole ff'i'irectorTS^^^
amount of certificates of indebtedness outstanding has been cenificate-how-

T Tij -ii- n 1 ^^ • ■ ^ • ^'^^ *° cease.

reduced to ten millions oi dollars, or its equivalent in
sterling, the power of the holders of certificates of in-
debtedness to elect and appoint directors, as provided in
this section, shall cease and determine ; and thereafter the
whole board of directors shall be chosen by the stock-
holders at their annual meetings, in accordance with the
general laws of the Commonwealth applicable to railroad
corporations.

Section 12. In case any of the trustees named in this if any trustee
act shall die, resign or be removed, the remaining or sur- meethig'^to!)"*'
viving trustees or trustee shall call a meetinof of the hold- '^'^""'^ ^^ ^"^-

" , o viving trustees,

ers of the certificates of indebtedness issued under the
authority of this act, by a notice to be published as pro-
vided in case of a meeting for election of directors, at
which meeting one or more of the remaining or surviving
31

242 1876.— Chapter 236.

trustees shall preside, or in their or his absence, one of
the said holders of certificates of indebtedness, and each
of said holders of certificates of indebtedness shall be
entitled to vote in person or by proxy, casting one vote
for each one hundred pounds or five hundred dollars,
according to the registration list herein provided for, and
a new trustee or new trustees shall be chosen by a majority
of such votes of holders of certificates of indebtedness
Voting by votiug iu pcrsou or by proxy; and any judge of the
^""'^' supreme judicial court sitting in equity, to whom applica-

tion shall be made by such trustee or trustees so chosen,
shall confirm said choice, if made in conformity with the
terms of this act, except for good cause shown to the con-
trary ; and whenever an election by the said holders of
certificates of indebtedness shall fail from want of con-
firmation, or otherwise, another meeting of the said hold-
ers of certificates of indebtedness shall be called in the
same manner, and the same proceedings had, until a new
trustee or new trustees have been appointed and confirmed
in the place of the trustee or trustees so dying, resigning
or removed ; and if a vacancy shall occur, and the surviv-
ing or remaining trustees or trustee shall neglect for one
month to publish a proper call for such meeting of said
holders of certificates of indebtedness, it may be called by
three or more holders of certificates of indebtedness iu the
same manner as if called by the trustees ; and if no call is
published for such a meeting for two months after a
Appointment of vacaucy occurs, the vacancy may be filled by an appoint-
s?j. cMn*caL^ raent to be made by any judge of the supreme judicial
of vacancies, court sitting iu cquity, upon application of any party in-
terested and after such notice to the other parties in
interest as said judge shall order ; and such confirmation
or appointment shall vest the mortgaged premises and all
the powers and trusts granted or authorized to be granted
to the trustees named herein, in the trustee or trustees so
chosen and confirmed or appointed, jointly with the sur-
viving or remaining trustees or trustee, as fully as if they
were the trustees named in this act, and to whom said
mortgage is to be originally made ; and subsequent vacan-
cies occurring in the board of trustees shall be filled in
the same manner and with the same cfiect ; and any deeds
and conveyances shall in each case be made by the surviv-
ing or remaining trustees or trustee, as counsel shall deem
needful or proper.

1876.— Chapter 236. 243

A certificate of the confirmation or appointment by the Certificate of
judge of the supreme judicial court shall be filed wherever be^flTcdwh"ere°
the mortgage herein provided is directed to be recorded "corded!'*
by the terms of this act, and until such confirmation or
appointment, the surviving or remaining trustees or trustee
shall have all the powers which the three trustees enjoyed
before said death, resignation or removal ; and in all cases
the acts of any two trustees shall have the same force and
validity as the acts of all the trustees.

Section 13. Said corporation, with the written as- Corporation
sent of the trustees for the time being, which assent shall Trustets^may"
be given upon reasonable request, may sell, convey and ty'IioTneeder"^'
dispose of any of its property not forming an integral *'°'"''^'''''"''^p"*"-
part of its road and not needed for the operation of the
same, including any lands not used or required for railroad
purposes, and especially the dwelling-house property ad-
joining the freight house of said corporation in that part
of said Boston lately called Charlestown, and the unoccu-
pied land between the track leading to said freight house
and Canal Street, and any and all stocks and bonds of
other corporations, and any other property not used or
required in conducting the current business of the corpora-
tion, and may give to the purchaser thereof a good title
notwithstanding said mortgage ; and may apply the pro- Proceeds of
ceeds of such sales, under the direction of said trustees,
to the payment of any existing liens, mortgages or other
incumbrances upon such property, or upon any bonds or
notes of said corporation pledged as collateral security, or
upon other property of said corporation, including the
existing mortgage upon the Essex Railroad formerly so
called, now known as the Lawrence Branch of the Eastern
Railroad, or to the purchase of other property which may
be needed for the purposes of said corporation and to be
included under said mortgage, or to the payment of any
debts due from said corporation for labor or services ren-
dered, or supplies furnished in the operation of its railroad
since the first day of August, eighteen hundred and
seventy-five, and any other claims which are entitled to
preference under the bankrupt laws of the United States ;
and during the term of six years after the first day of Sep-
tember, eighteen hundred and seventy-six, said corpora-
tion may in like manner, with the assent of the trustees,
apply to the satisfaction and discharge of such liens,
mortgages or other incumbrances, any portion of its net

244 1876.— Chapter 236.

earnings over and above its operating expenses, including
therein its necessary expenditures for construction, insur-
ance, taxes, renewals and repairs needful to maintain its
road and equipment in good condition, and its rentals,
interest on certificates of indebtedness, and such payments
as shall be required under its liabilities as determined
under the ninth section of this act. Nothing in section
fifty-three of chapter three hundred and seventy-two of
the acts of eighteen hundred and seventy-four, shall
impair, in said company, the right of ownership in and to
the shares and bonds of companies now connected with it
by lease or contract, to the extent of their present invest-
ment, as creditors of and owners in said respective com-
panies, but the provisions of this act shall not be construed
to atiect the personal liability of directors, or other persons,
for their oliicial actions.
Sinking fund for Section 14. After the expiration of six years from
puVSe°o"f cer. Said first day of September, or after said liens, mortgages
debfJdne°BB.'"' ^ud Incumbranccs shall at any earlier date have been satis-
fied and discharged, all proceeds of such sales as are
authorized by the thirteenth section of this act, and all
the annual net earnings of said road as therein defined,
shall be paid into a sinking fund, to be held by said trus-
tees for the redemption or purchase of the certificates of
indebtedness issued under said mortgage, whenever the
same can be redeemed or purchased at a rate not exceed-
ing par, which certificates of indebtedness shall be can-
celled, when so redeemed or purchased, until the whole
amount of certificates of indebtedness outstanding shall
be reduced to ten million dollars or its equivalent in ster-
ling, or until a sum suflicient so to reduce the same shall
have been so paid in, and thereafter said corporation shall
pay into said sinking fund in each year, if its net earnings
shall suffice therefor, the sum of one hundred thousand
dollars, to be held by said trustees, and to be invested,
with all interest and income thereon accruing, in said cer-
tificates of indebtedness whenever the same can be pur-
chased at a rate not exceeding par, and otherwise in
securities of the United States or of this Commonwealth,
or of any county, city or town in this Commonwealth,
unless and until the sum so paid in, with its accumulations,
shall suffice for the purchase or extinguishment of all said
outstanding certificates of indebtedness at par, when and
in which case such payments shall cease ; said fund to be

1876.— Chapter 236. 245

held as security for the payment of said certificates of
indebtedness at their maturity, and any surplus thereof for
the use of said corporation. And said trustees shall in
each year report the condition of said sinking fund to the
railroad commissioners of this Commonwealth.

Section 15. The actual possession, use, manao^ement Possession and

T . 1 111 control of road

and control of the mort^aj^ed premises and property, snail to remain in cor.

• T A- 1 xi 111"!- poration until

remam in said corporation so long as there snail be no default in pay.
default in payment of the principal or interest of said cer- paYonntere^tof
tificates of indebtedness, or in the performance of any of ^"btfdnMs,"^'"'
the other obligations secured by said mortgage as deter- when trustees
mined under the provisions of the ninth section of this session.
act ; but in case of default upon said certificates of indebt-
edness, or in the performance of such obligations, such
default continuing for six months, said trustees may, and,
if such default continues for twelve months, at the request
of one-tenth part in amount of the holders of the certifi-
cates of indebtedness issued, then outstanding, shall enter
upon and take possession of all the mortgaged premises,
and take, receive and operate said railroad and franchises
and property under said mortgage, and collect and receive
the rents, income and profits thereof, as fully as said cor-
poration could do if no default had been made ; and while
so in possession, said trustees shall apply such parts of
said rents, income and profits as shall in their judgment
be necessary to the payment of the running and operating
expenses of the road, including the necessary repairs of
road, road-bed, buildings, machinery and equipment, and
all expense of agents, clerks, officers, employes and labor-
ers, and all claims for damages allowed, and all payments
for insurance and taxes, and all items usually distributed
to transportation expenses in railroad accounts and to
such increase and improvement of said road, buildings,
machinery and equipment as the business shall, in their
judgment, require, and to the payment of any and all
claims necessary to secure to them the estate and fran-
chises by said mortgage conveyed, and to their own com-
pensation, and to the employment of competent legal ad-
visers in their discretion, and to any and all other charges
that are or should be allowed by a court of equity, in the
case of a receiver or trustee ; and said trustees are further
authorized and empowered, after having taken possession
as aforesaid, to contract with any railroad corporation to
lease or to operate the said railroad for any period not ex-

246

187G.— Chaptek 236.

Trustees in pos-
session, to keep
full and accurate
accounts.

Trustees upon
taking posses-
sion to tile no-
tice thereof in
Suffolk, Essex
and Middlesex
registries of
deeds.

If default con-
tinues for two
years, foreclos-
ure shall be
complete, prop-
erty vest abso-
lutely in trus-
tees, and equity
of redemption
shall be barred.

In case mort-
gage is fore-
closed, certiii.
cate-hoklers
may meet and
organize them-
selves into a
corporation.

ceeclin«r the term for which said trustees are authorized to
retain possession thereof. And said trustees shall, while
so in possession, keep full and accurate accounts of all
sums received and paid out by them, which shall be at all
reasonable times open to the inspection of the officers of
said corporation and to the railroad commissioners, and
shall, at least once a year, publish abstracts thereof for the
use of the holders of certificates of indebtedness.

Section 16. On taking possession as above provided,
the trustees shall file in each of the registries of deeds for
the counties of Sutfolk, Middlesex and Essex, a written
notice acknowledged before a notary-public, or justice of
the peace, certifying that they have so entered and taken
possession under said mortgage for breach of condition
thereof and default thereon, and for the purpose of fore-
closing the same for such default. And if such default
shall continue for the space of two years after such notice
shall be filed, the foreclosure of said mortgage shall be-
come complete, and the whole mortgaged premises, fran-
chises and property shall vest absolutely in fee in said
trustees without further process of law, and all right or
equity of redemption of said corporation therein shall be
forever barred and foreclosed ; but if the whole principal
and interest which shall be in arrear, and the lawful claims,
disbursements and liabilities of said trustees incurred in
the management of the trust, shall be fully paid and satis-
fied within said period of two years, either by said corpo-
ration or out of the net earnings of the mortgaged prop-
erty in the trustees' possession, then said trustees shall
surrender to said corporation the mortgaged property and
all additions made by them thereto, and said corporation
shall become entitled to the same as of its former estate
without reconveyance.

Section 17. In case of the absolute foreclosure of said
mortgage, as above provided, it shall be the duty of the
trustees to call a meeting at said Boston of the holders of
the certificates of indebtedness, by an advertisement of the
time, place and object thereof, published at least three
times a week, for three successive weeks, in newspapers
published, one in the city of Boston, one in the city of
New York, and one in London, England; and the hold-
ers of certificates of indebtedness at such meeting may, at
an election to be presided over by such of said trustees or
their successors as may be present, and at which each

1876.— Chapter 236. 247

holder of a certificate of indebtedness may vote in person
or by proxy, as provided in the eleventh section of this
act, choose from their number a board of nine directors,
and may organize themselves into a corporation, with a
corporate name to be selected by them, and a capital stock
equal to the principal of the then outstanding mortgage
debt, divided into shares of one hundred dollars each,
which said corporation shall be invested with all the pow- •
ers, privileges and franchises vested in the Eastern Rail-
road Company, and shall be subject to all the duties,
liabilities and restrictions imposed upon the said Eastern
Railroad Company under its charter and the laws of this
Commonwealth now or hereafter in force applicable to
railroad corporations ; and said new corporation shall con-
sist of the holders of the said certificates of indebtedness, certificates of

j.i J. e J. 1 f 1 i'/^i/" indebtedness to

at the rate ot ten shares for every such certifacate or one be exchanged
thousand dollars or of two hundred pounds sterling, who o^stocklrmw
shall surrender said certificates of indebtedness to said new conjoration.
corporation to be exchanged for certificates of stock at the
rate aforesaid. And said trustees shall by deed convey to
the new corporation all the mortgaged property, premises,
estate and franchises, and all additions thereto, and all
moneys remaining in their hands when they shall be fully
paid and indemnified for their services, expenses and lia-
bilities as hereinbefore provided, which deed shall be re-
corded in the several registries of deeds wherein said mort-
gage is recorded ; and upon the organization of the holders
of certificates of indebtedness into a corporation, they
shall file in the office of the secretary of state a copy of
their proceedings in such organization under the corporate
seal of said new corporation, attested by its president and
clerk, which shall be prima facie evidence in all suits by
or against it that it is a corporation ; and thereafter no
holder of a certificate of indebtedness shall be entitled to
participate in earnings of the mortgaged property until he
shall surrender his certificates of indebtedness to the new
corporation as herein provided. But said mortgaged
property shall be held by said new corporation, subject to
the performance of such outstanding obligations and con-
ditions, if any, as shall be ordered and decreed to be
performed by the Eastern Railroad Company under the
provisions of the ninth section of this act.

Section 18. The compensation of the trustees under compensation
said mortgage, and of the commissioners to be appointed det^mi^edby*

248

1876.— Chapter 237.

the supreme ju- under this Ect, shall be determined by the supreme iudi-

dicial court. ' ,.. « ♦^ .^ .»',

cial court, upon application or any party interested, and
Proviso. shall be paid by said corporation : i^rovided, Jiowever, that

the compensation of each of said trustees shall not exceed
two thousand dollars for the first year, and one thousand
dollars for each subsequent year ; and the remedies herein-
before given to said trustees shall not be construed to
deprive them, or parties secured under said mortgage, of
their full rights and remedies in the courts of law and
equity as the same now exist or may exist ; and any court
of competent jurisdiction may enforce any of the provi-
sions of said mortgage.

Section 19. This act shall take effect upon its passage.

Approved ApHl 28, 1876.

Chap. 237

Appropriations.

Beaches in
Provincetown
and Truro.

Catalogne state
library.

Eye and Ear In-
firmary.

Town of Bel-
lingham.

William P. Gil-
more.

John McQratb.

Frederick B.
Kellogg.

An Act making appropriations to meet certain expenditures
authorized the present year, and for other purposes.

Be it enacted, &c., as follows :

Section 1. The sums hereinafter mentioned are appro-
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 : —

In the act, chapter one hundred and forty-five, in rela-
tion to the flats, meadows and beaches on East Harl)or
Creek, in Provincetown and Truro, a sum not exceeding
four thousand five hundred eighty-one dollars and fifty-
two cents.

In the resolve, chapter one, providing for a new cata-
logue for the state library, a sum not exceeding six hun-
dred dollars.

In the resolve, chapter two, in favor of the Massachu-
setts Charital)le Eye and Ear Infirmary, the sum of seven
thousand five hundred dollars.

In the resolve, chapter four, in favor of the town of
Bellingham, the sum of one hundred and ninety-two dollars.

In the resolve, chapter five, in favor of William P. Gil-
more, the sum of one hundred and forty-four dollars.

In the resolve, chapter six, in favor of John ]\lcGrath,
the sum of one hundred dollars, in accordance with the
provisions of said resolve.

In the resolve, chapter seven, in fiivor of Frederick B.
Kellogg, the sum of two hundred and fifty two-dollars.

1876.— Chapter 237. 249

In the resolve, chapter eight, providing for the payment ^'^^^^^'"''''^ ^^■
of certain educational expenses, a sum not exceeding ten
thousand six hundred and four dollars and seventy-nine
cents.

In the resolve, chapter nine, in favor of Abbie S. Cowles, Abbie s.
the sum of one hundred dollars.

In the resolve, chapter ten, in favor of William S. wm.s. Greene.
Greene, the sum of nine dollars and ninety-two cents.

In the resolve, chapter eleven, in favor of the city of city of Lynn.
Lynn, the sum of three thousand seven hundred and
twenty-nine dollars.

In the resolve, chapter twelve, in favor of the town of Town of
Scituate, the sum of two hundred sixty-seven dollars
and ninety-three cents, in accordance with the provisions
of said resolve.

In the resolve, chapter thirteen, in favor of the Green- oreenviiie Man-
ville Manufacturing Company, the sum of two hundred "^''•^^"'■"'s
ninety-three dollars and sixty cents.

In the resolve, chapter fourteen, in favor of Albert F. ^J^^^*'''*' ^- ^°"^-
Howland, the sum of one hundred dollars.

In the resolve, chapter fifteen, in favor of Mary Mona- Mary Monahan.
han, the sum of ninety-six dollars.

In the resolve, chapter seventeen, in favor of James B. jj^"^^^^^ ^'^'"
Collingwood, the sum of one hundred fifty-seven dollars
and eighty-three cents.

In the resolve, chapter eighteen, in favor of Eliza Brown, EUza Brown,
the sura of fifty-six dollars.

In the resolve, chapter twenty, in favor of certain nor- Normal school
mal school buildings, a sum not exceeding seven thousand ^"'' '°^®'
eight hundred eighty-three dollars and ninety-one cents.

In the resolve, chapter twenty-two, in favor of Ellen Eiien Noian.
Nolan, the sum of seventy-six dollars.

In the resolve, chapter twenty-six, in favor of discharged Discharged fe.

' i f Ai J 2 male prisoners.

female prisoners, a sum not exceeding one thousand nve
hundred dollars.

In the resolve, chapter twenty-seven, providing for heat- ^^(^^^ ^'^^°°^
ing, lighting and furnishing the addition to the state reform
school building, a sum not exceeding twenty-five thousand
dollars.

In the resolve, chapter thirty, in favor of the town of ^'^7^" °/jf °"*^^
South Abington, the sum of one hundred ninety-eight dol-
lars and ninety-eight cents.

In the resolve, chapter thirty-one, in favor of the ^°J"^^*',^'®'" ^'•
Worcester Light Infantry, the sum of two hundred dollars.

250

1876.— Chapter 237.

Special laws.

Fishways at
Lawrence and
Holyoke.

Disabled sol-
diers' employ,
ment bureau.

In the resolve, chapter thirty-three, providing for print-
ing an additional volume of the special laws, a sum not
exceeding six thousand five hundred dollars.

In the resolve, chapter thirty-four, relating to the
improvement of fishways at Lawrence and at Holyoke, a
sum not exceeding three thousand dollars.

In the resolve, chapter thirty-five, in favor of the disa-
bled soldiers' employment bureau, the sum of three thou-
sand dollars.

Obsequies of
Henry Wilson.

Celebration at
Concord and
Lexington.

Roads in town
of Mashpee.

Repairs at state
house.

Board of agri-
culture.

Support of state
paupers by
towns, etc., in
1875.

Burial of state
paupers.

Support of state
paupers by
towns, etc., in
1876.

MISCELLANEOUS.

For expenses attending the obsequies of the late Henry
Wilson, a sum not exceeding four hundred thirty-two dol-
lars and eight cents, in addition to the sum heretofore
appropriated the present year, which may be allowed and
paid.

For expenses attending the centennial celebration at
Concord and Lexington, in eighteen hundred and seventy-
five, a sum not exceeding one hundred and fifty dollars,
which may be allowed and paid.

For expenses incurred in the construction and repair of
roads in the town of Mashpee, during the year eighteen
hundred and seventy-five, three hundred dollars.

For repairs, improvements, etc., at the state house dur-
ing the year eighteen hundred and seventy-five, the sum
of four hundred seventy-eight dollars and fifty-five cents,
in addition to the appropriation heretofore made the
present year.

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 said board, one thousand two
hundred dollars ; and for compensation of other clerical
services in the office of the secretary of said board, and for
lectures before the board, a sum not exceeding four hun-
dred dollars.

For the support of state paupers, by cities and towns in
eighteen hundred and seventy-five and previous years, a
sum not exceeding five thousand dollars.

For the burial of state paupers, a sum not exceeding two
thousand dollars, to be in addition to the appropriation
heretofore made for the present year.

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

1876.— Chapter 237. 251

hundred and sixty-six, a sum not exceeding ten thousand
dollars.

For legal expenses in connection with the back bay lands Legal expenses.
of the Commonwealth, a sum not exceeding one thousand
dollars.

From the appropriation made the present year for Expenses of
expenses of the agents for the Commonwealth flats at South isfs! " *^'"^®"
Boston, there may be paid a sum not exceeding two hun-
dred eighty-nine dollars and sixty-eight cents for expenses
of the previous year.

For books purchased for the state library in eighteen state library for
hundred and seventy-four, the sum of eighty-nine dollars
and forty cents.

For the reimbursement of the Massachusetts Infant Asy- Mass. infant
lum, for the support of pauper infants in eighteen hundred ^^y'""*-
and seventy-five, a sum not exceeding four hundred thirty-
one dollars and thirty-nine cents.

For military accounts for the year eighteen hundred Military ac-
and seventy-five, a sum not exceeding three hundred and ''°"
thirty dollars and ninety cents, in addition to the sum here-
tofore appropriated the present year.

For militia compensation for the year eighteen hundred ^'^I'^^jf *'°'"p^°"
and seventy-five, a sum not exceeding one hundred and
seventy-three dollars, in addition to the sum heretofore
appropriated the present year.

For transportation of troops for the year eighteen hun- Transportation
dred and seventy-five, a sum not exceeding one hundred of droops.
sixty-seven dollars and five cents, in addition to the sum
heretofore appropriated the present year.

For quartermasters' supplies for the year eighteen hun- Quartermasters*
dred and seventy-five, a sum not exceeding forty-seven «"pp''^«-
dollars.

For expenses of the bureau of the quartermaster-gen- Bureau of quar.
eral, for the year eighteen hundred and seventy-five, a sum ^^™'^«te'^-s«n-
not exceeding two hundred and forty-two dollars.

For the incidental and contingent expenses of the adju- Adjntant-gen-
tant-general's department, a sum not exceeding fifteen meut. *^^"'
hundred dollars.

For the compensation and expenses of commissioners commissioners
appointed to define the boundaries of lands held by indi- dories l^ Gay°*
vidual owners in the town of Gay Head, a sum not ^'"'^•
exceeding five thousand six hundred twenty-nine dollars
and sixty-one cents.

252

1876.— Chaptek 238.

Industrial
Bchool at Lan>
caster.

May exchange
bonds, etc., pay-
able to bearer,
to registered

bonds.

From the appropriation heretofore made for the current
expenses of the industrial school at Lancaster, there may
be paid, on account of deficiency for salaries at said insti-
tution, an amount not exceeding two thousand three hun-
dred dollars.

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

Approved April 28, 1876.
Chap. 238 An Act to provide for the exchange of certain bond's and

PROMISSORY notes PAYABLE TO BEARER FOR REGISTERED BONDS
AND PROMISSORY NOTES, AND FOR OTHER PURPOSES.

Be it enacted, &c., as follows :

Section 1. Every county, city and town in this Com-
monwealth, and every corporation incorporated or organ-
ized, or hereafter incorporated or organized, by or under
the laws or authority of this Commonwealth, which has
issued or shall hereafter issue any bond, promissory note
or certificate of indebtedness, payable to bearer and either
with or without coupons or interest warrants attached,
may, at the request of the owner or holder, at any time
while more than one year remains before the principal of
such bond, promissory note or certificate of indebtedness
shall be due and payable, issue in exchange for the same a
registered bond, promissory note or certificate of indebt-
edness of the same effect, except that it shall be payable
to the holder by name, and not to bearer.

Section 2. Any person to whom any registered bond,
promissory note or certificate of indebtedness shall be
transferred by assignment acknowledged before any
officer authorized to take acknowledgments of deeds con-
veying real estate in this Commonwealth, and any trustee,
executor, administrator, assignee in bankruptcy or insol-
vency, or any other person, not the person named therein,
in whom the title to any registered bond, promissory note
or certificate of indebtedness shall be vested by operation
of law, shall be entitled to a new registered bond, promis-
sory note or certificate of indebtedness of the same effect,
except that it shall be payable to him by name, in exchange
for the bond, promissory note or certificate of indebtedness
so transferred or the title to which is so vested in him.

Section 3. Every count}^ city and town in this
Commonwealth, and every corporation incorporated or
organized by or under the laws or authority of this Com-
monwealth, shall keep a register showing the number,

Person to ■whom
a registered
bond has been
assigned, to re-
ceive in ex-
change a new
registered bond
payable to him
by name.

1876.— Chapter 239. 253

date, amount and rate of interest of every registered
bond, promissory note or certificate of indebtedness issued
by it, and when the same is paj'able and the name of the
person to whom the same is payable, and what bonds,
promissory notes or certificates of indebtedness, if any,
were received in exchange therefor ; and shall be entitled
to a fee of fifty cents for every registered bond, promis-
sory note or certificate of indebtedness issued in exchange
for any other bond, promissory note or certificate of in-
debtedness.

Sectiox 4. Any city or town may, by the exercise of ^'ew securities

, • tnav be issued,

any rights reserved by the terms of any of its securities for ow securi-

heretofore created, or hereafter to be created, recall and pffd^*'*"*'* °'^

pay said securities, or any jDortion thereof, and issue other

securities in place of those so recalled and paid ; said new

securities to be payable at periods within the maturity of

those originally issued. But such new securities shall, for

debts heretofore created, be made payable at a period not

more remote than thirt}' years from the time of the taking

efiect of chapter two hundred and nine of the acts of the

year eighteen hundred and seventy-five, and shall, for

debts hereafter created, be made payable at a period not

more remote than thirty years from the time of contracting

the same. Approved April 28, 1876.

An Act in further addition to ax "act to establish a hos- (JJiqjj^ 239

PITAL FOR the INSANE IN THE NORTH-EASTERN PART OF THE -^*

COMMONWEALTH."

Be it enacted, (fee, as follows :

Sectiox 1. The commissioners appointed under author- Additional ap-
ity of chapter two hundred and thirty-nine of the acts of IjXooo!"" ^
eighteen hundred and seventy-three, are authorized to
expend for the purpose named, and under the conditions
prescribed in the first section of said act, the sum of four
hundred and fifty thousand dollars, in addition to the
amounts heretofore authorized ; and the same is hereby
appropriated, to be provided for in the manner, and under
the conditions prescribed for the expenditure authorized
in said act : provided, that no expenditure shall be author- proviso.
ized, and no part of said appropriation shall be paid until
contracts have been made with sufficient guaranty for their
performance, to the satisfaction of the governor and coun-
cil, for the entire completion and finishing of the hospital

254

1876.— Chapter 240.

Chap. 240

Jurisdiction.

Municipal court
of Boston.

East Boston
District.

Cliariestown
District.

South Boston
District.

Roxbury Dis-
trict.

Brighton Dis-
trict.

West Roxbury
District.

and all its appurtenances, ready for use and occupation,
for a sum not exceeding six hundred thousand dollars.
Section 2. This act shall take effect upon its passage.

Approved April 28, 1876.

An Act relating to the several municipal courts of the citt

of boston.
Be it enacted, &c., as follows :

Section 1. The criminal and civil jurisdiction of the
municipal court of the city of Boston, shall embrace the
district and territory included in wards six, seven, eight,
nine, ten, eleven, twelve, sixteen, seventeen and eighteea
of said city.

Section 2. The criminal and civil jurisdiction of the
municipal court of the East Boston district, shall embrace
the district and territory included in the town of Wiuthrop
and in wards one and two of said city.

Section 3. The criminal and civil jurisdiction of the
municipal court of the Charlestown district, shall embrace
the district and territory included in wards three, four and
five of said city.

Section 4. The criminal and civil jurisdiction of the
municipal court of the South Boston district, shall embrace
the district and territory included in wards thirteen, four-
teen and fifteen of said city.

Section 5. The municipal court of the Highland dis-
trict shall be hereafter called and known as the municipal
court of the Roxbury district. The criminal and civil
jurisdiction of said court shall embrace the district and
territory included in wards nineteen, twenty and twenty-
one of said city, and so much of ward twenty-two of said
city as. lies east of the eastern boundary between said
ward and the town of Brookline, and of a line drawn
through the centre of St. Mary's Street extended.

Section 6. The criminal and civil jurisdiction of the
municipal court of the Brighton district, shall embrace the
district and territory iiu^iuded in that part (jf ward twenty-
two of said city which lies west of the eastern boundary
between said ward and the town of Brookline, and of a
line drawn through the centre of St. Mary's Street ex-
tended.

Section 7. The criminal and civil jurisdiction of the
mimicii)al court of the West Roxbury district, shall em-
brace the district and territory included in ward twenty-
three of said city.

1876.— Chapteks 241, 242. 255

Section 8. The criminal and civil jurisdiction of the Dorchester Dis.
municipal court of the Dorchester district, shall embrace
the district and territory included in ward twenty-four of
said city.

Section 9. So much of chapter two hundred and seven- Repeal. •
ty-one of the acts of the year eighteen hundred and
seventy-four as relates to the jurisdiction of the courts
mentioned in this act, is hereby repealed.

Section 10. The clerks of the courts mentioned in cierksofthe
this act shall hold their several offices according to the *'°"'"*'
terms of their respective commissions unless sooner re-
moved according to law. Whenever a vacancy occurs in vacancies.
either of said offices, by death, resignation, expiration
of commission, removal as aforesaid, or otherwise, the
vacancy shall be filled by appointment by the governor,
by and with the advice and consent of the council, for the
term of five years, subject to removal as aforesaid.

Approved April 28, 1876.

An Act establishing the salary of the clerks and messen- nji^n 241

GER IN the surgeon-general's DEPARTMENT. ^'

Be it enacted, &c., as follows :

Section 1. The salary of the first clerk in the surgeon- salaries estab-
general's department shall be two thousand dollars per FirJtcierk.
annum.

Section 2. The salary of the second clerk in said second cierk.
department shall be thirteen hundred dollars per aimum.

Section 3. The salary of the messenger in said depart- Messenger.
meut shall be one thousand dollars per annum.

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

Approved April 28, 1876.

An Act relating to the division of ward twenty-two of (Jkap. 242

THE city of boston INTO TWO WARDS.

Be it enacted, &c., as follows :

Section 1. The city council of the city of Boston shall wardtwenty-
immediately upon the passage of this act proceed to divide to be divided
the ward now numbered twenty-two iu said city into two '"*° '^'^ wards.
wards, to be known as ward twenty-two and ward twenty-
five, and to prescribe a place iu each ward in which elec-
tions shall be held.

Section 2. Upon such division the tenure of office of ward officers to
the ward officers in ward twenty-two as at present existing, *^ app°i»'<^ •
shall expire, and the mayor and aldermen shall appoint,
from the legal voters of each ward, ward officers to hold
their several offices until the first Monday of January next

256

1876.— Chapter 243.

Common coun-
cilme'u.

Congressional
and senatorial
district.

succeeding such division ; and such offices, for the year
thereafter ensuing, and every succeeding year shall be
filled in the manner provided by law with respect to ward
officers in the city of Boston.

Section 3. At the municipal election next succeeding
such division, the qualified voters of said new ward twenty-
two shall carry in their votes for two able and discreet
men, qualified voters and inhabitants in said ward, to be
members of the common council for the ensuing year, and
at said election the qualified voters of said new ward
twenty-five shall carry in their votes for one able and dis-
creet man, a qualified voter and inhabitant in said ward,
to be a member of the council for the ensuing year. At
the municipal election next succeeding, said new ward
twenty-two shall be entitled to elect one, and said new
ward twenty-five two members in the manner aforesaid
and qualified as aforesaid, and said wards shall thereafter
alternately elect one and two members of the common
council as hereinbefore set forth. Elections shall be con-
ducted and records thereof kept in the manner provided in
section two of chapter two hundred and forty-three of the
acts of the year eighteen hundred and seventy-five : pro-
videdy that nothing contained in this act shall aflfect the
tenure of office of the present members of the common
council from ward twenty-two.

Section 4. Ward twenty-five shall constitute a part
of the eifjhth congressional and eis^hth Sufiblk senatorial
districts.

Section 5.

This act shall take effect upon its passage.

Approved April 28, 1876.

Chap, 243 -^N Act in addition to an act making appropriations to meet

CERTAIN EXPENDITURES AUTHORIZED THE PRESENT YEAR, AND
FOR OTHER PURPOSES.

Be it enacted, &c., as folloivs :

Appropriations. Section 1. The sums hereinafter mentioned are appro-
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
acts and resolves of the present year, and for other pur-
poses, to wit : —

Railroad Com. Ill the act, chapter one hundred and eight\'-fivc, "to

missioners, , ,',. .. ■, ... .. . .P . r

clerical assist- sccurc greater pul)licity and uniiormity m the accounts ot
*"^®' railroad corporations," a sum not exceeding one thousand

1876.— Chaptee 243. 257

six hundred sixty-six dollars and sixty-seven cents, for
clerical assistance as authorized therein.

In the act, chapter one hundred and ninety-five, estab- PoUce court of
lishing a police court in the city of Newton, a sum not ^*''^'°"-
exceeding six hundred and fifty dollars for the salary of
the justice, and five hundred dollars for the salary of the
clerk thereof.

In the resolve, chapter thirty-six, in favor of Edward Edward Fisher.
Fisher, the sum of one hundred and sixty dollars.

In the resolve, chapter thirty-seven, in ftivor of William wmiam rratt.
Pratt, the sum of one hundred and fifty dollars.

In the resolve, chapter thirty-eight, in favor of Samuel Samuei Easter.
Easter, the sum of one hundred dollars.

In the resolve, chapter thirty-nine, in favor of Edward Edward m.
M. Steimle, the sum of five hundred dollars.

In the resolve, chapter forty, in favor of F. F. Follans- f. f. Foiians-
bee, the sum of one hundred dollars. ^'^^'

In the resolve, chapter forty-one, in favor of Joshua H. Joshua h.ei-
Eldridge, the sum of one hundred dollars. dndge.

In the resolve, chapter forty-two, in favor of Patrick Patrick Buck-
Buckley, a sum not exceeding seventy-six dollars and ^''^'
twenty-eight cents.

In the resolve, chapter forty-three, "authorizing the Revision of. iu-

• , ii? • • J. • - • A 11 T- dicial system.

appointment or a commission to inquire into the expediency
of revising the judicial system of the Commonwealth," a
sum not exceeding five thousand dollars.

In the resolve, chapter forty-four, in favor of C. J. c. j. mnkson.
Hinkson, the sum of one hundred dollars.

In the resolve, chapter forty-seven, granting aid to Pupiisinnor.
pupils in the state normal schools, the sum of four thousand '"''^ ^'=*'°°^^-
dollars.

In the resolve, chapter forty-eight, providing for stereo- census and in-
typing, printing, binding and distributing the decennial ;^.^^t"»i •^'-'^tis.
census and industrial statistics of the Commonwealth, a
sum not exceeding twenty-five thousand dollars.

In the resolve, chapter fifty, in aid of the state almshouse state aims-
at Tewksbury, a sum not exceeding one thousand dollars. ''"''**''

MILITARY.

For the incidental and contingent expenses of the Adjutant-gen-
adjutant-general's department, a sum not exceeding one expenself''"'^'
thousand five hundred dollars in addition to the sum here-
tofore authorized the present year.
33

258

1876.— Chapter 243.

Militia compen-
eation.

Quartormastcr-
general.

Rent of armo-
ries, etc.

Transportation
of troops.

Quartermasters'
supplies.

Military ac-
couDta.

Inspection.

Collection of
military prop-
erty.

Military elec-
tions.

Books of in-
struction.

Militia law.

Militia compen-
sation for ISTo.

State detective
force, travelling
and incidental
expenses.

Industrial statis-
tics and decen-
Jiial census.

" niue book"
edition of the
laws.

For militia compensation, a sum not exceeding sixty-
five thousand dollars.

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

For the rent of armories and headquarters, a sum not
exceeding twenty-eight thousand three hundred dollars.

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

For quartermasters' supplies, a sum not exceeding niue
thousand dollars.

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

For expenses attending the inspection of the militia as
required by the act of the present year, a sum not exceed-
ing twenty-two thousand dollars.

For expenses attending the collection and return of
military property, a sum not exceeding one thousand five
hundred dollars.

For expenses attending military elections, a sum not
exceedins: two thousand dollars.

For instruction, orderly and roll-books for the use of
the militia, a sum not exceeding five hundred dollars.

For printing and binding the "militia law," a sum not
exceeding five hundred dollars.

For militia compensation for the year eighteen hundred
and seventy-five, the sum of sixty-one dollars, in addition
to the appropriations heretofore made for the present
year.

MISCELLANEOUS.

For travelling expenses actually paid by the state
detective force, a sum not exceeding two thousand five
hundred dolhirs, and for incidental and contingent expenses
of said force, a sum not exceeding two thousand dollars ;
said sums to be in additions to the appropriations hereto-
fore made for the present year.

For expenses incurred under authority of chapter three
hundred and eighty-six of the acts of the year eighteen
hundred and seventy-four, entitled "An Act to provide
for taking the industrial statistics and decennial census of
the Commonwealth," a sum not exceeding one thousand
five hundred dollars, in addition to the appropriations
heretofore made for the present year.

For i)rinting and binding the "blue book" edition of the
acts and resolves of the present year, a sum not exceeding

1876.— Chapter 244. 259

two thousand dollars iu addition to the appropriation here-
tofore made.

For indexing senate journals in accordance with an senate journals.
order of the senate, a sum not exceeding three hundred
dollars.

For expenses incurred by the commissioners on con- contagious dis-
tagious diseases among cattle, a sum not exceeding five ^**^^°
hundred dollars.

For any small items of expenditure incurred in previous Bmaii items of
years, appropriations for which have been exhausted, or ^^^^° ^^^'^^'
have reverted to the treasury, a sum not exceeding three
hundred dollars.

For a time lock for the safe in the treasurer's depart- Treasurer's de-
ment, the sum of four hundred dollars, which may be p^""'"^^"^*^-
allowed and paid.

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

Approved Aiiril 28, 1876.

An Act relating to certain employes of the board of state QJiq/t), 244

charities. ■^'

Be it enacted, &c., as follows :

Section 1. The salary of the general agent of the salaries estab-
board of state charities shall be at the rate of three thou- Gelfer'ai agent
sand dollars per annum. of board.

Section 2. The salary of the secretary of the board of secretary.
state charities shall be at the rate of twenty-five hundred
dollars per annum.

Section 3. The salary of the visiting agent of the visiting agent.
board of state charities shall be at the rate of twenty-five
hundred dollars per annum.

Section 4. The agent of the sick state poor shall Agent of eick
receive a compensation not exceeding seven and one-half ^°°''
dollars per day for each day of actual service.

Section 5. The clerks in the several departments of cierkstobe
the board of state charities shall be arranged in three '^'^^'*'^*^*^-
classes by the board, who shall fix their annual salaries
within the following limits : —

Clerks of the first class not to exceed fifteen hundred Fust class,
dollars each per annum : —

Clerks of the second class not to exceed one thousand second class.
dollars each per annum : —

Clerks of the third class not to exceed eight hundred Third class.
dollars each per annum.

260

1876.— Chapter 245.

?minaUon oP' SECTION 6. Officers for the examination of settlements
spttienients of of paupcrs sliall receive a compensation not exceeding
fifteen hundred dollars per annum. .

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

Approved Ajiril 28, 1876.
Chaj). 245 An Act to apportion and assess a state tax of one million

EIGHT HUNDRED THOUSAND DOLLARS.

Be it enacted, &c., as foUotos :

Section 1. Each city and town in this Commonwealth
shall be assessed and pay the several sums with which
they stand respectively charged in the following schedule,
that is to say : —

State tax of
$1,800,000.

Barnstable
Couuty.

BARNSTABLE COUNTY.

Barnstable,
Brewster, .
Chatham, .
Dennis,
Eastham, .
Falmouth, .
Harwich, .
Mashpee, .
Orleans,
Provincetown,
Sandwich, .
Truro,
Wollfleet, .
Yarmouth,

Two thousand eight hundred and
eight dollai's, . . . .

Seven hundred and thirty-eight dol-
lars,

Nine hundred dollars.

One thousand six hundred and fifty

six dolhirs, ....
Two hundred and thirty-four dol

lars,

Two thousand four hundred and

sixty-six dollars, .
One thousand one hundred and sev

enty dollars, ....
One hundred and eight dollars.

Five hundred and forty dollars.

One thousand nine hundred and
eight)- dollars,

One thousand four hundred and fifty-
eight dollars,

Three hundred and twenty-four dol-
lars,

Nine hundred and seventy-two dol-
lars,

One thousand five hundred and
twelve dollars, . . • .

$2,808 00

738 00
900 00

1,656 00

234 00

2,466 00

1,170 00
108 00

540 00

1,980 00

1,458 00

324 00

972 00

1,512 00

e 16,866 00

1876.— Chapter 245.
berkshire county.

261

Berkshire
County.

Adams,

Alford,

Becket,

Cheshire, .

Clarksburg,

Dalton,

Egremout, .

Florida,

Gt. Barriiigtou,

Hancock, ,

Hinsdale, .

Lanesborough,

Lee, .

Lenox,

Monterey, .

Mt. Washington,

New Ashford,

New Marlboro',

Otis, .

Peru, .

Pittsfield, .

Ptichmond,

Sandisfield,

Savoy,

Sheffield, .

Stockbridge,

Tyringham,

Six thousand six hundred and forty-
two dollars,

Two hundred and eighty-eight dol-
lars,

Five hundred and four dollars.

One thousand and ninet3'-eight dol-

lai's,

Two hundred and seventy dollars, ,

One thousand three hundred and
fourteen dollars, ....

Six hundred and twelve dollars,

Two hundred and sixteen dollars, .

Three thousand four hundred and

thirty-eight dollars.
Four hundred and fifty dollars.

Eight hundred and sixty -four dol-
lars,

Seven hundred and ninety-two dol-
lars,

Two thousand and sixteen dollars.

One thousand four hundred and forty
dollars,

Two hundred and eighty-eight dol-
lars,

Ninety dollars, ....

Eight hundred and sixty-four dollars,

Two hundred and eighty-eight dol-
lars,

One hundred and sixty-two dollars.

Nine thousand one hundred and
eight dollars, ....

Five hundred and ninety-four dol-
lars,

Four hundred and fifty dollars.

Two hundred and thirty-four dol-
lars,

One thousand two hundred and six
dollars,

Two thousand eight hundred and
twenty-six dollars.

Two hundred and seventy dollai's, .

5,642 00

288 00
504 00

1,098 00
270 00

1,314 00

612 00

216 00

3,438 00
450 00

864 00

792 00
2,016 00

1,440 00

288 00
90 00

90 00

864 00

288 00
162 00

9,108 00

594 00
450 00

234 00

1,206 00

2,826 00
270 00

262

1876.— CiiAPTEK 245.

BERKSHIRE COUNTY— Continued.

Washington,

Two hundred and fifty-two dollars,

$252 00

W. Stockbridge,

Nine hundred dollars,

900 00

William stown, .
Windsoi', .

One thousand eight hundred and

seventy-two dollars, .
Two hundred and thirty-four dollars,

1,872 00
23-t 00

$39,672 00

Bristol County,

Acushnet, .
Attleborough,
Berkley, .
Dartmouth,
Dighton, .
Easton,
Fairhaven,
Fall River,
Freetown, .
Mansfield, .
New Bedford,
Norton,
Raynham, .
Rehoboth, .
Seekonk, .
Somerset,
Swanzey, .
Taunton, .
Westport, .

BRISTOL COUNTY.

Six hundred and twelve dollars, .

Four thousand six hundred and
sixty-two dollars,

Three hundred and twenty-four dol-
lars,

One thousand eight hundred and
ninety dollars, ....

Eight hundred and forty-six dollars.

Two thousand nine hundred and
eighty-eight dollars, .

One thousand six hundred and two
dollars, ....

Forty-eight thousand and seventy-
eight dollars.

Seven hundred and fifty-six dollars.

One thousand two hundred and six

dollars, ....

Twenty-six thousand two hundred

and forty-four dollars, .
Eight hundred and eighty-two dol

lars,

One thousand two hundred and sixty

dollars, ....

Eight hundred and twenty-eight

dollars, ....

Six luuulrod and thirty dollars,

One thousand and eighty dollars,

Seven hundred and two dollars,

Seventeen thousand two hundred

and twenty-six dollars,
One tliousand four hundred am

seventy -six dollars.

$612 00

4,662 00

324 00

1,890 00
SAG 00

2,988 00

1,602 00

48,078 00
756 00

1,206 00

26,244 00

882 00

1,26C 00

828 00
630 00

1,080 00

702 00

17,226 00

1,476 00

$113,292 00

Chilmark, .
Edgartown,
Gay Head, .

Gosnold, .
Tisbury, .

187G.— CnArTER 245.

DUKES COUNTY.

Three hundred and six dollars,

One thousand seven hundred and

forty-six dollars, ....

Eighteen dollars, ....

One hundred and eighty dollars, .

Seven hundred and twenty dollars,

ESSEX COUNTY.

263

Dukes County.

1306 00

1,746 00

18 00

180 00
720 00

$2,970 00

Eeses County.

Amesbury, .

One thousand eight hundred and

thirty-six dollars, ....

11,836 00

Andover, .

Three thousand eight hundred and

seventy dollars, ....

3,870 00

Beverly, .

Eight thousand five hundred and

sixty-eight dollars,

8,568 00

Boxford, .

Six hundred and twelve dollai'S, .

612 00

Bradford, .

One thousand four hundred and

four dollars,

1,404 00

Dauvers, .

Three thousand eight hundred and

fifty-two dollars, ....

3,852 00

Essex,

Nine hundred and ninety dollars, .

990 00

Georgetown,

One thousand and eighty dollars, .

1,080 00

Gloucester,

Nine thousand dollars, .

9,000 00

Groveland,

Nine hundred dollars,

900 00

Hamilton, .

Five hundred and forty dollars,

540 00

Haverhill, .

Ten thousand eight hundred dol-

lars,

10,800 00

Ipswich, .

Two thousand one hundred and

seventy-eight dollars, .

2,178 00

Lawrence, .

Twenty-two thousand seven hun-

dred and thirty-four dollars,

22,734 00

Lynn,

Twenty-six thousand eight hun-

dred and fifty-six dollars, .

26,856 00

Lynnfield, .

Eight hundred and ten dollars,

810 00

Manchester,

One thousand seven hundred and

sixty-four dollars.

1,764 00

Marblehead,

Four thousand two hundred and

sixty-six dollars, ....

4,266 00

264

187G.— Chapter 245.

ESSEX COUNTY— Continued.

P'ratiklin

County.

Merrimac, .
Methuen^ .
Micldleton,
Nahant,
Newbury, .
Ncwburyport,
North Anclover
Peabody, .
Rockport, .
Rowley,
Salem,
Salisbuiy, .
Saugus,
Swampscott,
Topsfield, .
Wenham, .
West Newbuiy,

One thousand and eight dollars,

Two thousand four hundred anc

twelve dollars.
Four hundred and eighty-six dol

lars,

Seven thousand four hundred and

fifty-two dollars, .
One thousand and twenty-six dol

lars,

Seven thousand eight hundred and

sixty-six dollars, .
Two thousand two hundred and

thirty-two dollars,
Six thousand five hundred and sev

enty dollars, ....
Two thousand one hundred and

ninety-six dollars.
Five hundred and seventy-six dol

lars,

Twenty-six thousand four hundred

and forty-tAVo dollars, .
Two thousand two hundred and

fourteen dollars, .
One tliousand eight hundred and

thirty-six dollars, .
Two tliousand five hundred and

seventy-four dollars, .
Seven hundred and seventy-four

dollai's,

Five hundred and ninety-four del

lars,

One thousand one hundred and six

teen dollars, ....

FRANKLIN COUNTY.

§1,008 00

2,412 00

486 00

7,452 00

1,026 00

7366 00

2,232 00

6,570 00

2,196 00

576 00

26,442 00

2,214 00

1,836 00

2,574 00

774 00

594 00

1,116 00

$169,434 00

Ashfield, .
Bei*nardston,
B.uckland, .
Charlemont,
Colrain,
Conway, .

Five hundred and fifty-eight dollai-s.

Four hundred and thirty -two dol-
lars,

Six hundred and thirty dollars.

Three hundred and seventy-eight

dollars,

Seven hundred and two dollars,

Eiglit hundred and twenty-eight dol-
lars,

§558 00

432 00
630 00

378 00
702 00

828 00

Deerfield,

Erving,

Gill, .

Greenfield,

Hawley,

Heath,

Leverett,

Leyden,

Monroe,

Montague,

New Salem,

Northfield,

Orange,

Rowe,

Shelburne, .

Shutesbury,

Sunderland,

Warwick, .

"Wendell, .

Whately, .

Agawam, .
Blandford, .
Brimfield, .

Chester,

1876.— CiiArTER 245.

FRANKLIN COUNTY— Continued.

265

One thousand seven hundred and

ten dollars,

Three hundred and sixty dollars, .

Four hundred and eighty-six dollars.

Three thousand one hundred and

eighty-six dollars,
One hundred and eighty dollars, .

One hundred and ninety-eight dol-
lars,

Three hundred and forty-two dol-
lars,

Two hundred and thirty-four dol-
lars,

Fifty-four dollars, ....

Two thousand and seventy dollars.

Three hundred and forty-two dol-
lars,

Seven hundred and seventy-four
dollai's,

One thousand six hundred and two
dollars,

One hundred and eighty dollars, .

Nine hundred and fifty-four dollai's,

One hundred and eighty dollars, .

Four hundred and eighty-six dol-
lars,

Three hundred and six dollars,

One hundred and eighty dollars, .

Seven hundred and ninety-two dol-
lars,

HAMPDEN COUNTY.

One thousand two hundred and sev-
enty-eight dollars,
Four hundred and fourteen dollars.

Five hundred and ninety-four dol-

lai's,

Five hundred and fifty-eight dollars.

1,710 00
360 00

486 00

3,186 00
180 00

198 00

342 00

234 00
54 00

2,070 00

342 00

774 00

1,602 00
180 00

954 00

180 00

486 00
306 00

180 00

792 00

,144 00

Hampden
Couutj'.

,278 00
414 00

594 00
558 00

266

Hampshire
Couuty.

1876.— Chapter 245.

HAMPDEN COUNTY— Continued.

Chicoijee, .
Granville, .
Holland, .
Holyoke, .
Longmeadow,
Ludlow, .
Monson,
Montgomery,
Palmer,
Russell,
Southwick,
Springfield,
Tolland, .
Wales,
Westfield, .
W. Springfield,
Wilbraham, -

Five thousand eight hundred and

fourteen dollars, .
Four hundred and tliirty-two dol-
lars,

One hundred and twenty-six dol

lars,

Ten thousand three hundred and

sixty-eight dollars,
One thousand three hundred and

sixty-eight dollars,
Five hundred and fifty-eight dol

lars,

One thousand four hundred and

fifty-eight dollars,
One hundred and forty-four dollars,

One thousand eight hundred and

seventy-two dollars.
Four hundred and fourteen dollars

Six hundred and thirty dollars.

Thirty-nine thousand six hundred

and fifty-four dollars, .
Two hundred and thirty-four dol

lars,

Four hundred and fifty dollars,

Seven tliousand one hundred and

forty-six dollars, .
Two thousand nine hundred and

eighty-eight dollars, .
Nine hundred and ninety dollars,

HAMPSHIRE COUNTY.

Amherst, .
Belchertown,

Chesterfield,
Cummington,
Easthampton,
Enfield, .
Goshen,

Two thousand five hundred and

thirty-eiglit dollars.
One thousand and eiglity dollars,

Three hundred ant! twenty-four dol-
lars,

Four hundred and thirty-two dol-
lars,

Two thousand five hundred and
thirty-eigiit dollars,

Seven hundred and fifty-six dol
lars,

One lumdred and twenty-six dol
lars,

?5,814 00

432 00

126 00

10,368 00

1,368 00

558 00

1,458 00
144 00

1,872 00
414 00

630 00

39,654 00

234 00
450 00

7,146 00

2,988 00
990 00

§77,490 00

^2,538 00
1,U80 00

324 00
432 00
2,538 00
756 00
126 00

187G.— Chapter 245.

HAMPSHIRE COUNTY— Continued.

267

Granby,
Greenwich,
Hadley,
Hatfield, .
Huntington,
Middlefield,
Northampton, .
Pelham,
Plaiufield, .
Prescott, .
South Hadley, .
Southampton, .
Ware,

Westhampton, .
Williamsburg, .
Worthington, .

Five hundred and twenty -two dol

lars,

Three hundred and six dollars,

One thousand four hundred and
fifty-eight dollars.

One thousand two hundred and
seventy-eight dollars, .

Five hundred and twenty-two dol-
lars,

Three hundred and seventy-eight
dollars, ....

Seven thousand six hundred and
fourteen dollars, .

One hundred and eighty dollars.

Two hundred and thirty-four dol
lars,

One hundred and ninety-eight dol
lars,

One thousand eight hundred and
ninety dollars,

Five hundred and four dollars.

One thousand nine hundred and

twentj'-six dollars,
Two hundred and eighty-eight dol

lars,

One thousand three hundred and

sixty-eight dollars.
Three hundred and sixty dollars.

$522 00
306 00

1,458 00

1,278 00

522 00

378 00

7,614 00
180 00

234 00

198 00

1,890 00
504 00

1,926 00

288 00

1,368 00
360 00

$26,820 00

Mn)DLESEX COUNTY.

Acton,

One thousand two hundred and

ninety-six dollars,

11,296 00

Arlington, .

Six thousand and twelve dollars, .

6,012 00

Ashby,

Five hundred and forty dollars.

540 00

Ashland, .

One thousand four hundred and

fiftv-eight dollars.

1,458 00

Ayer, .

One thousand and ninety-eight dol-

lars,

1,098 00

Bedford, .

Seven hundred and thirty-eight

dollars,

738 00

Belmont, .

Four thousand and thirty-two dol-

lars,

4,032 00

Billerica, .

One thousand seven hundred and

ten dollars,

1,710 00

Middlesex
County.

268

1876.— Chapter 245.

MIDDLESEX COUNTY— Continded.

Boxborougli,

Burlington,

Cambridge,

Carlisle,

Chelmsford,

Concoi'd, .

Dracut,

Dunstable,

Everett,

Fraraingham,

Groton,

HolHston, .

Hopkinton,

Hudson,

Lexington,

Lincoln,

Littleton, .

Lowell,

Maiden,

Marlborough,

Maynard, .

Medford, .

Melrose, .

Natick,

Newton,

North Reading,

Pcppcrcll, .

Two hundred and seventy dollars, . $270 00

Five hundred and twenty-two dol-
lars, 522 00

Sixty-two thousand five hundred
and eightj'-six dollars, . . . G2,586 00

Three hundred and seventy-eight

dollars 378 00

One thousand four hundred and

ninety -four dollars, . . . 1,494 00

Three tliousand and twenty-four

dollars, 3,02-4 00

One thousand and eight dollars, . 1,008 00

Three hundred and forty-tAVO dol-
lars, 342 00

Four thousand one hundred and

seventy-six dollars, . . . 4,176 00

Four thousand six hundred and

ninety-eight dollars, . . . 4,698 00

Two thousand one hundred and

ninety-six dollars, . . . 2,196 00

One tliousand eight hundred and
seventy-two dollars, . . . 1,872 00

Two thousand three hundred and

four dollars, .... 2,304 00

One thousand seven hundred and

ten dollars, 1,710 00

Two thousand nine hundred and

thirty-four dollars, . . . 2,934 00

Eight hundred and forty-six dol-
lars 846 00

Seven hundred and fifty-six dol-
lars, 756 00

Thirtj'-seven thousand nine hun-
dred and eighty dollars, . . 37,980 00

Nine thousand tln-ee liundred and

sixty dollars 9,360 00

Three thousand three hundred and ,

eighty-four dollars, . . . 3,384 00

One thousand three hundred and

fourteen dollars, .... 1,314 00

Nine thousantl two hundred and

thirty-four dollars, . . . 9,234 00

Four thousand two hundred and

eighty-four dollars, . . . 4,284 00

Three thousand seven hundred and

twenty-six dollars, . . . 3,726 00

Tw<'iitY-«-'iiiht thousand nine hun-
dred" and forty-four dollars, . 28,944 00

Four hundred and fiftv dollars, . 450 00

One thousand four hundred and i
forty dollars, .... 1,440 00

1876.— Chapter 245.

]\nDDLESEX COUNTY— Concluded.

2G9

Reading, .

Two thousand three hundred and

forty dollars, ....

$2,340 00

Shevborn, .

Nine hundred dollars,

900 00

Shirley, .

Nine hundred and fifty-four dollars.

954 00

Somerville,

Twenty-seven thousand seven hun-

dred and ninety-two dollars.

27,792 00

Stoneham, .

Three thousand and ninety-six dol-

lars,

3,096 00

Stow, .

Seven hundred and two dollars,

702 00

Sudbury, .

One thousand and eight dollars,

1,008 00

Tewksbury,

Nine hundred dollars,

900 00

Townsend,

Eight hundred and tAventy-eight

dollars,

828 00

Tyngsborough, .

Three hundred and six dollars.

30G 00

Wakefield, .

Four thousand five hundred and

seventy-two dollai's, .

4,572 00

Waltham, .

Nine thousand eight hundred and

forty-six dollars, ....

9,846 00

Watertown,

Seven thousand seven hundred and

four dollars,

7,704 00

Wayland, .

One thousand one hundred and

sixteen dollars, ....

1,116 00

Westford, .

One thousand one hundred and six-

teen dollars

1,116 00

Weston,

One thousand six hundred and

fifty-six dollars, ....

1,656 00

Wilmington,

Five hundred and forty dollars, . .

640 00

Winchester,

Four thousand five hundred and

eighteen dollars, ....

4,518 00

Woburn, ,

Eight thousand five hundred and

fifty dollars,

8,550 00 •

1286,560 00

NANTUCKET COUNTY.

Nantucket
County.

Nantucket,

Two thousand three hundred and

ninety-four dollars.

$2,394 00

270

Norfolk
County.

1876.— Chapter 245.

norfolk county.

Bellingliam,

Braintree,

Brookline,

Canton,

Cohasset,

Dedham,

Dover,

Foxborouo:

Franklin,

Holbrook,

Hyde Park

Medfield,

Medway,

Milton,

Needham,'

Norfolk,

Norwood,

Quincy,

Randolph,

Sharon,

Stoughton,

Walpole,

Weymouth,

Wrentham,

Five hundred and forty dollars,

Two thousand seven hundred dol-
lars,

Twenty-eight thousand four hun-
dred and fifty-eight dollars,

Three tliousand one hundred and
thirty-two dollars,

Two thousand three hundred and
four dollars, ....

Five thousand nine hundred and
ninety-four dollars,

Four hundred and tliirty-two dol-
lars,

One thousand seven hundred and
forty-six dollars, ....

One thousand four hundred and
ninetj'-four dollars.

One thousand five hundred and
forty-eight dollars.

Six thousand two hundred and
eighty-two dollars.

One thousand and eight dollars, .

One thousand eight hundred and
thii'ty-six dollars.

Seven thousand seven hundred and
four dollars,

Four thousand three hundred and
ninety-two dollars.

Five hundred and fifty-eight dol-
lars,

One thousand six hundred and
ninety-two dollars,

Seven thousand and twenty dol-
lars,

Two tliousand four hundred and
sixty-six dollars, ....

Nine hundred and fiftj^-four dollars.

Two thousand five hundred and
two dollars,

One thousand four hundred and
ninety-four dt)llars.

Six tliousand and eighty-four dol-
lars,

One thousand one liundred and
seventv dollars, ....

8540 00

2,700 00

28,458 00

3,132 00

2,304 00

5,994 00

432 00

1,746 00

1,494 00

1,548 00

6,282 00
1,008 00

1,836 00

7,704 00

4,392 00

558 00

1,692 00

7,020 00

2,466 00
954 00

2,502 00

1,494 00

6,084 00

1,170 00

893,510 00

1876.— Chapter 245.
plymouth county.

271

Abington, . . One thousand six hundred and

ninety-two dollars,
Bridgewater, . Two thousand five hundred and

seventy-four dollars, .
Brockton, . . Five thousand six hundred and

thirty-four dollars,
Carver, . . Five hundred and ninety-four dol

lar^,

Duxbury, . . One thousand three hundred and

fifty dollars, ....
E. Bridgewater, One thousand three hundred and

eighty-six dollars,
Halifax, . . Three hundred and six dollars,

Hanover, . . Nine hundred and ninety dollars,

Hanson, . . Five hundred and ninety-four dol

lars, .....
Hingham, . . Three thousand five hundred and

ten dollars, ....
Hull, . . . Five hundred and seventy-six dol

lars,

Kingston, . . One thousand six hundred and sev

enty-four dollars,
Lakeville, . . Five hundred and seventy-six dol

lars,

Marion, . . Four hundred and eighty-six dol

lars,

Marshfield, . Nine hundred and ninety dollars,

Mtittapoisett, . One thousand two hundred and
twenty-four dollars,

Middleborough, Two thousand five hundred and
ninety-two dollars,

Pembroke, . . Seven hundred and twenty dollars,

Plymouth, . . Four thousand four hundred and

sixty-four dollars,
Plympton, . . Three hundred and twenty-four

dollars,

Rochester, . . Five hundred and four dollars,

Rockland, . . Two thousand and seventy dollars,

Scituate, . . One thousand four hundred and
fifty-eight dollars,

South Abington, One thousand four hundred and
four dollars,

South Scituate, . One thousand one hundred and six-
teen dollars,

Plymouth
County.

$1,692 00

2,574 00

5,634 00

594 00

1,350 00

1,386 00
306 00

990 00

594

3,510 00

576

1,674 00

576

486 00
990 00

1,224 00

2,592 00
720 00

4,464 00

324 00
504 00

2,070 00

1,458 00
1,404 00
1,116 00

272

1876.— Chapter 245.

PLYMOUTH COUNTY— Continued.

Wareham, .
W. Bridgewater,

One thousand one hundred and sev-
enty dollars,

Nine hundred and thirty-six dollars,

§1,170 00
936 00

140,914 00

Suffolk County.

SUFFOLK COUNTY.

Worcester

County.

Boston,

Chelsea, .
Revere,
Winthrop, .

Ashburnham,

Athol, .

Auburn,

Barre,

Berlin,

Black stone,

Bolton,

Boylston,

Brookfield,

Charlton,

Clinton,

Dana,

Douglas,

Dudley,

Seven hundred forty-two thousand
nine hundi*ed and thirty-two dol-
lars,

Seventeen thousand six hundred
and seventy-six dollars.

One thousand eight hundred and
seventy-two dollars,

One thousand and eight dollars.

$742,932 00

17,676 00

1,872 00
1,008 00

$763,488 00

WORCESTER COUNTY.

One thousand one hundred and

thirty-four dollars, . . . . $1,134 00

Two thousand eight hundred and

twenty-six dollars, . . . 2,826 00

Five hundred and ninety-four dol-
lars, 594 00

One thousand nine hundred and

eight dollars, .... 1,908 00

Five hundred and four dollars, . i 604 00

Two thousand one hundred and

forty-two dollars, . . . 2,142 00

Five hundred and fift3'-eight dollars, 558 00

Five hundred and seventy-six dol-
lars, 576 00

One thousand four hundred and

twenty-two dollars, . . . 1,422 00

One thousand and eight dollars, . I 1,008 00

Four thousand four liundrcd and I

forty-six dollars ' 4,446 00

Three hundred and six dollars, . 306 00

Nine hundred and fiftv-four dollars, 954 00

One thousand and sixty-two dollars, 1,062 00

1876.— Chapter 245.

WORCESTER COUNTY— Continued.

273

Fitchbiirg, .

Twelve thousand seven hundred and

sixty-two dollars.

$12,762 00

Gardner, .

Two thousand one hundred and

twenty-four dollars.

2,124 00

Grafton,

One thousand nine hundred and

sixty-two dollars.

1,962 00

Hardwick, .

One thousand and ninety-eight dol-

lars,

1,098 00

Harvard, .

One thousand and ninety-eight dol-

lars,

1,098 00

Holden,

Nine hundred and ninety doUai-s, .

990 00

Hubbardston,

Eight hundred and eighty-two dol-

lars,

882 00

Lancaster, .

Two thousand two hundred and

eighty-six dollars.

2,286 00

Leicester, .

Two thousand one hundred and

forty-two dollars.

2,142 00

Leominster,

Three thousand eight hundred and

seventy dollars, ....

3,870 00

Lunenburg,

Seven hundred and seventy-four

dollai-s,

774 00

Mendon, . ^ .

Six hundred and sixty-six dollars, .

666 00

Milford,

Five thousand one hundred and

forty-eight dollars.

5,148 00

Millbury, .

Two thousand six hundred and

forty-six' dollars, ....

2,646 00

New Braintree, .

Four hundred and eighty-six dol-

lars,

486 00

Northborough, .

One thousand two hundred and

seventy-eight dollars, .

1,278 00

Northbridge,

Two thousand two hundred and

fifty dollars,

2,250 00

N. Brookfield, .

One thousand eight hundred and

seventy-two dollars, .

1,872 00

Oakham, .

Three hundred and sixty dollars, .

360 00

Oxford, .

One thousand five hundred and

forty-eight dollars.

1,548 00

Paxton,

Three hundred and twenty-four

dollars,

324 00

Petersham,

Seven hundred and two dollars,

702 00

Phillipston,

Three hundred and twenty-four

dollars, .....

324 00

Princeton, .

Nine hundred and eighteen dollars.

918 00

Royalston, .

Seven hundred and fifty-six dollars.

756 00

Rutland, .

Four hundred and sixty-eight dol-

lars,

468 00

274

1876.— Chapter 245.

WORCESTER COUNTY— Concluded.

Shrewsbury,

One thousand one hundred and

thirty-four dollars.

$1,134 00

Southborough, .

One thousand three hundred and

eighty-six dollars, . . • .

1,386 00

Southbridge,

Three thousand one hundred and

fifty dollars,

3,150 00

Spencer, .

Two thousand seven hundred and

seventy-two dollars, .

2,772 00

Sterling, .

One thousand one hundred and

fifty-two dollars, ....

1,152 00

Sturbridge,

One thousand one hundred and

fifty-two dollars, ....

1,152 00

Sutton,

One thousand four hundred and

seventy-six dollars,

1,476 00

Templeton,

One thousand three hundred and

thirty-two dollars.

1,332 00

Upton,

Eight hundred and eighty-two dol-

lars,

882 00

Uxbridge, .

One thousand eight hundred and

thirty-six dollars, ....

1,836 00

Warren,

One thousand five hundred and

sixty-six dollars, ....

1,566 00

Webster, .

Two thousand five hundred and

twenty dollars, ....

2,520 00

Westborough, .

Two thousand four hundred and

thirty dollars, ....

2,430 00

West Boylston, .

One thousand one hundred and

eighty-eight dollars, .

1,188 00

WestBrookfield,

Eight hundred and sixty-four dol-

lars,

864 00

Westminster,

Eiglit hundred and eighty-two dol-

ars,

882 00

Winchendon,

Two thousand two hundred and

thirty-two dollars.

2,232 00

Worcester,

Fifty-one thousand three hundred

and eighteen dollars, .

51,318 00

$148,446 00

Recapitulation
by counties.

RECAPITULATION,

Barnstable Co., .

Sixteen tliousand eight hundred and

sixty-six dollars, ....

$16,S6Q 00

Berkshire Co., .

Thirty-nine tliousand six hundred

aiu^ seventv-two dollars.

39,672 00

Bristol Co.,

One hundred thirteen thousand two

hundretl and ninety-two dollars,

113,292 00

Dukes Co.,.

Two tlumsuiid nine hundred and

seventy dollars, ....

2,970 00

1876.— Chapter 245.

RECAPITULATION— Continued.

275

Essex Co., .

Franklin Co.,
Hampden Co., ,
Hampshire Co., .
Middlesex Co., ,
Nantucket Co., .
Norfolk Co., .
Plymouth Co., .
Suffolk Co.,

Worcester Co., .

One hundred sixty-nine thousand
four hundred and thirty-four dol-
lars, ......

Eighteen thousand one hundred
and forty-four dollars, .

Seventy-seven thousand four hun-
dred and ninety dollars,

Tw^enty-six thousand eight hundred
and twenty dollars.

Two hundred eighty-six thousand
five hundred and sixty dollars, .

Two thousand three hundred and
ninety-four dollars,

Ninety-three thousand five hundred
and ten dollars, ....

Forty thousand nine hundred and
fourteen dollars, ....

Seven hundred sixty-three thou-
sand four hundred and eighty-
eight dollars, ....

One hundred foi'ty-eight thousand
four hundred and forty-six dol-
lars,

$169,434 00
18,144 00
77,490 00
26,820 00
286,560 00
2,394 00
93,510 00
40,914 00

763,488 00

148,446 00

$1,800,000 00

Section 2. The treasurer shall forthwith send his Treasurer of
warrant, with a copy of this act, directed to the selectmen toiTsuewIrr^in^.
or assessors of each city or town taxed as aforesaid, re-
quiring them, respectively, to assess the sum so charged,
according to the provisions of chapter eleven of the Gen-
eral Statutes, and to add the amount of such tax to the
amount of town and county taxes to be assessed by them
respectively on each city or town.

Section 3. The treasurer in his warrant, shall require to require
the said selectmen or assessors to pay, or to issue their Isless^rTTJ^
several warrant or warrants requiring the treasurers of Jo* cit7or town
their several cities or towns to pay, to the treasurer of treasurers.
the Commonwealth, on or before the first day of Decem-
ber, in the year one thousand eight hundred and seventy-
six, the sums set against said cities or towns in the sched-
ule 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, fo
the treasurer of the Commonwealth, at some time before
the first day of October next.

276 1876.— Chapter 246.

unquenMy or Section 4. If the aiDount due from any city or town,
town treasurer, as providcd in this act, is not paid to the treasurer of the
Commonwealth within the time specified, then the treasurer
shall notify the treasurer of said delinquent city or town,
who shall pay into the treasury of the Commonwealth, in
addition to the tax, such further sum as would be equal to
one per centum per month during such delinquency, dated
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 Com-
monwealth, in the supreme judicial court, or before any
justice thereof, against such delinquent city or town, and
upon notice to such city or town, and a summary hearing
thereon, a warrant of distress may issue against such city
or town, to enforce the payment of said taxes, under such
penalties as said court, or the justice thereof before whom
the hearing is bad, shall order.

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

^ Approved April 28, 1876.

Chan. 24 G An Act relating to ward officers in the city of boston.

Be it enacted, &c., as follows :
Three inspect- SECTION 1. The mavor of the city of Boston shall,

ors of CiGctionfl •/ */ *

to be appointed pHor to the first day of November in the present year,
ward, ^.j^j^ ^^ approval of the board of aldermen of said city,
appoint for each ward of said city, three inspectors of
elections, who shall be qualified voters and inhabitants in
such ward. One of said inspectors shall hold his oflSce
for one year, one for two years, and one for three years,
from said first day of November ; and in each year after
the present, the said mayor shall, before the first day of
November, and with the approval of said board, appoint
for each ward one inspector of elections, who shall be a
qualified voter and inhabitant in such ward, and shall hold
ofiice for three years from the first day of November then

May be removed ucxt succccdiug. Any such luspcctor may be at any time

at anytime. rcmovcd fioiu officc by Said mayor, with the approval of
said board, and any vacancy occurring in the office of said
inspectors shall be filled, for the residue of the term of the
inspector whose place is to be filled, by appointment and
approval as above provided.

To bo sworn. SECTION 2. Said iuspcctors of elections, before enter-

ing upon the duties of their ofiice, shall take and subscribe
an oath faithfully and impartially to discharge such duties ;

1876.— Chapter 246. 277

which oath may be administered by the city clerk, or by
his assistant, or by any justice of the peace, and a record
made thereof in the office of said city clerk.

Section 3. The qualified voters of each ward in said warden, cierk,
city, at the municipal election to be held in December eiecW.
next, and at each annual municipal election thereafter,
shall choose by ballot one warden, one clerk, and three
inspectors of elections, each of whom shall be a qualified
voter and inhabitant in such ward, and shall hold his
office for one year, and until another shall be chosen and
qualified in his stead, unless he shall sooner vacate his
office in the manner hereinafter set forth.

Section 4. The said wardens, clerks and inspectors, Tobeswom.
shall respectively make oath faithfully and impartially to
discharge their several duties, which oath may be adminis-
tered by the clerk to the warden, and by the latter to the
clerk and inspectors, or to any or all of said officers by
the city clerk, or by his assistant or by any justice of the
peace ; and a certificate thereof shall be entered in the
record to be kept by the ward clerk.

Section 5. In case of the non-election of any of said incaseofnon.
officers at the annual municipal election, the board of eiucuon'to be
aldermen of said city may issue their warrant in due form ^''^^'
for an election to be held at such time and place as said
board may deem advisable.

Section 6. In case of the absence of any ward officer incase of ab-
at any ward meeting, such officer may be chosen pro tern- pro'^^m. maybe
pore by hand v6te, and shall have all the powers and be ;>;^fd by hand-
subject to all the duties of the regular officer, at such
meeting. The person so elected, before entering upon the
duties of his office, shall take the oath as hereinbefore
provided.

Section 7. The warden shall preside at all meetings warden to pre-
of his ward, and shall have the powers of moderators of power" o/mod-
town meetings. In case of his absence, the clerk, and in "'''°''8-
case of the absence of both warden and clerk, one of the
elected inspectors, according to seniority in age, shall pre-
side until a new warden has been chosen.

Secaion 8. It shall be the duty of the clerk to make cierktokeep
and keep a fair and true record of all meetings, and at the ^^'^'^
expiration of his term of office to deliver such record,
together with all other documents and papers held by him
in his said capacity, to the city clerk, by whom such of
them as need be shall be transmitted to the next ward clerk.

278

1876.— Chapter 246.

Warden and
inspectors to re-
ceive, sort and
count votes.

Ward officers to
make and sign
returns.

Compensation.

Ballot-'boxes to
be provided by
registrars of
voters.

Each box to be
in charge of two
inspectors.

Ward officers
elected in De-
comber, 1875, to
serve at next
municipal elec-
tion.

Section 9. It shall be the duty of the warden and
inspectors to receive, sort and count, and of the warden
to declare, all votes at any election within such ward ; and
the clerk may assist in assorting and counting the votes.

Section 10. It shall })e the duty of all ward officers
named in this act to attend and perform their respective
duties at the times and places appointed for elections of
any officers, whether of the United States, state, city or
wards, or for the determination of any question submitted
to the qualified voters by lawful authority ; and to make
and sign the returns of the same.

Section 11. The wardens, clerks and inspectors of
elections shall receive such compensation for each day's
actual service as the city council of said city may from
time to time determine, and shall be subject to the penalties
to which such ward officers are subject under general laws.

Section 12. The registrars of voters of said city shall
provide for each ward therein, a sufficient number of suit-
able ballot-boxes. No ballots shall be received at any
election, until the full number of Avard officers as herein-
before prescribed has been completed, nor unless the
warden, clerk and at least two of the appointed inspectors
and two of the elected inspectors are present, nor until
each of said ward officers who is present has ascertained
by personal examination that the ballot-boxes are empty.
While an election is going on, each ballot-box shall be in
the immediate charge of two inspectors, one from the
appointed inspectors and one from the elected inspectors
during the whole time that ballots are received in that
box.

Section 13. The wardens and clerks who were elected
in the several wards at the municipal election held in
December eighteen hundred and seventy-five, shall hold
their offices as such, and act at meetings which may be
held in said wards prior to and including the next munic-
ipal election ; and such of the inspectors of elections in
each ward as were elected at said municipal election, or
so many of them as may be present, shall likewise hold
their offices as such, and act at the meetings which may
be held in said wards prior to and including the next
municipal election, notwithstanding their number may
exceed three ; but if any vacancies occur in their number,
such vacancies shall not be filled unless the same is required
to complete the number of three elected inspectors, and

1876.— Chapter 247. 279

said vacancies shall be filled in the manner provided in
section six of this act.

Section 14. Sections seven, eight, nine, ten, eleven. Repeal.
twelve, thirteen and fourteen of chapter four hundred and
forty-eight of the acts of the year eighteen hundred and
fifty-four and all other acts and parts of acts inconsistent
with the provisions of this act, are hereby repealed.

Approved April 28, 1876.
An Act in further addition to an act making appropriations (JJiar). 247

TO MEET CERTAIN EXPENDITURES AUTHORIZED THE PRESENT ■^'

TEAR, AND FOR OTHER PURPOSES.

Be it enacted, &c., as follows :

Section 1. The suras 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
acts and resolves of the present year, and for other pur-
poses, to wit : —

In the act, chapter one hundred and ninety-eight, estab- second district
lishing the salary of the clerk of the second district court ''""'^ ° "*'° '
of Bristol, the sum of six hundred dollars, in addition to
the appropriation heretofore made for the present year.

In the act, chapter two hundred and five, a sum not second cwk of
exceeding twelve hundred dollars for the salary of the g^enerar^"*"
second clerk established in the adjutant-general's depart-
ment.

In the act, chapter two hundred and ten, establishing insurance com.
the salary of the insurance commissioner, the sum of two ™'*"°°®*'-
thousand dollars in addition to the appropriation hereto-
fore made the present year.

For expenses authorized by the act of the present year Commissioners
establishing an additional commissioner of savings banks, bankl'"^*
a sum not exceeding three thousand dollars.

In the resolve, chapter fifty-two, in favor of the Massa- Agricultural
chusetts Agricultural College, the sum of five thousand ^ ^^^'
dollars.

In the resolve, authorizing the printing of the election Election laws.
laws, a sum of six hundred dollars.

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

Approved April 28, 1876.

280 1876.— Chapters 1, 2, 3.

RESOLVES,

GE:^rEEAL a:n^d special.

Char). 1. I^ESOLVE PROVIDING FOR THE PREPARATION OF A NEW CATALOGUE
J^' * OF THE STATE LIBRARY.

cata^iogue of Resolvecl^ That a sum not exceeding six hundred dollars

be allowed and paid out of the treasury of the Common-
wealth, to defray the expense of assistance to complete
the preparation of a new catalogue of the State Library ;
said sum to be expended under the direction of the trustees
and the librarian. Approved March 15, 1876.

Chap. 2. Resolve in favor of the Massachusetts charitable eye and

* EAR infirmary.

Allowance to Resolvcd, That there be allowed and paid out of the
fiJmary. ^' ° treasury of the Commonwealth, the sum of seven thousand
five hundred dollars, to the Massachusetts Charitable Eye
and Ear Infirmary, to be expended under the direction of
the managers thereof, for the charitable purposes of said
infirmary for 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 3'ear eight-
een hundred and sixty-seven. Approved March 16, 1876.

CJiap, 3. Resolve in favor of mary luddy.

Allowance to ResolveH, That on and after the first day of August, in

Mary Luddy. ./ o '

the year eighteen hundred and seventy-one, Mary Luddy
be entitled to receive the same amount of state aid that
she would have been entitled to receive had she been bom
before the death of h*er father Simon Luddy.

Approved March 16, 1876

1876.— Chapters 4, 5, 6, 7, 8. 281

Resolve in favor of the town of bellingham. Chap. 4.

Resolved^ That there be allowed and paid out of the Allowance to
treasury of the Commonwealth to the town of Bellingham, ham"° ^ '"^'
the sura of one hundred and ninety-two dollars, the same
being in full reimbursement for the support of Montcalm
S. Pettis, a state pauper. Ajyproved March 22, 1876.

Resolve in favor of william p. gilmore. Chap. 5.

Resolved, That there be allowed and paid out of the Allowance to
treasury of the Commonwealth, to William P. Gilmore, moief™^'^'^"
the sum of one hundred and forty-four dollars, the same
being the amount of state aid which he is entitled to
receive. Approved March 22, 1876.

Resolve in favor of john mcgrath. Chap. 6.

Resolved, That there be allowed and paid out of the Allowance to
treasury of the Commonwealth to the overseers of the John McOrath.
poor of the town of Framingham, for the benefit of John
McGrath, the sum of one hundred dollars annually for five
years, should he so long survive.

Approved March 22, 1876.

Resolve m favor of Frederick b. kellogg. Chap. 7.

Resolved, That there be allowed and paid out of the Allowance to
treasury of the Commonwealth, to Frederick B. Kellogg, Kelfo^gg!^^"
the sum of two hundred and fifty-two dollars, the same
being the amount of state aid he was entitled to receive
from March first eighteen hundred and seventy-two to
September first eighteen hundred and seventy-five.

Approved March 22, 1876.

Resolve to provide for the payment from the treasury of Q/iaj), 8.
certain educational expenses. ^'

Resolved, That there be paid from the treasury the fol- Appropriation

lowing sums : f'"' educational

O _ expenditures.

For educational expenditures made in accordance with
the provisions of chapters four and one hundred and four-
teen of the acts of the jear eighteen hundred and seventy-
five, the sum of eight thousand five hundred and fourteen
dollars and eighty-eight cents.

Also the further sum of two thousand twenty-nine dol-
lars and ninety-one cents expended for the support of the
state normal schools, in excess of the appropriation there-
for, during the year eighteen hundred and seventy-five.

Approved March 28, 1876.

282 1876.— Chapters 9, 10, 11, 12, 13, 14.

Chap. 9. Resolve in favor of abbie s. cowles.

Abbi^T^*° i?e.90?z;ecZ, That there be allowed and paid out of the

cowies.* treasury of the Commonwealth to Abbie S. Cowles the

sum of one hundred dollars, as state aid from April first

eighteen hundred and seventy-one, to May first eighteen

hundred and seventy-three. Approved March 28, 1876.

Chap. 10. Resolve in favor op william s. greene of fall river.

Wmrs."Greene. Besolved, That there be refunded from the treasury of
the Commonwealth to "William S. Greene of Fall River,
the sum of nine dollars and ninety-two cents, the same
being the amount of tax paid by him on amount of pre-
miums received for insurance in the United States Plate
Glass Insurance Company of Pennsylvania.

Ap23roved March 28, 1876.

Chap. 11. Resolve in favor of the city of lynn.

Allowance to liesolved, That there be allowed and paid out of the

treasury of the Commonwealth to the city of Lynn, the
sum of three thousand seven hundred and twenty-nine
dollars, in reimbursement for rent paid by said city for
armories for companies D, F and I, of the eighth regiment
of Massachusetts volunteer militia, and for rent of head-
quarters for said regiment for the years eighteen hundred
seventy-four and eighteen hundred seventy-five.

Ajyproved March 30, 1876.

Chap. 12. Resolve in favor of the town of scituate.

Allowance to liesolveH, That out of the Massachusetts school fund
town of Scituate. ^j^^^.^ |^g allowcd and paid to the town of Scituate its share
of the income of said school fund for the year eighteen
hundred and seventy-four. Approved March 30, 1876.

Chat). 13. Resolve in favor of the greenville manufacturing company.
Allowance to liesolved, That there be allowed and refunded to the

S-actSringCom- GreeuviUe Manufiicturing Company, the sura of two hun-
pany- dred ninety-three dollars and sixty cents, said amount be-

ing overpaid on account of over-valuation of the stock of
said corporation by the tax commissioner.

Chap. 14. Resolve in favor op albert f. howland of acushnet.

Allowance to liesolved. That there be allowed and paid out of the

AibmF.How. treasury of the Commonwealth to Albert F. Howhmd of

Acushnet, (who was confined in the prisons at Salisbury,

1876.^Chaptees 15, 16, 17, 18. 283

N. C, New Orleans, Louisiana, and the Libby prison,
and from which confinement his lower limbs and arms
were paralyzed, rendering him permanently helpless), an
annuity of one hundred dollars during his natural life, in
consideration of his permanent disability and great suffer-
ings while imprisoned. Ai^proved April 4, 1876.

Resolve in favor of mart monahan of south scituate. Chap. 15.

Resolved, That there be allowed and paid out of the ^"°'^'^*=^ *°
treasury of the Commonwealth, to Mary Monahan, widow
of Patrick Monahan of company C, twenty-eighth regiment
Massachusetts Volunteers, state aid to the amount of eight
dollars per month, from and after January first eighteen
hundred and seventy-six, the same as if she were in re-
ceipt of a pension. Approved April 4, 1876.

Resolve in favor of abby a. dike of stoneham. Chap. 16.

Resolved, That there be allowed and paid to Abby A. Allowance to
Dike of Stoneham, widow of Captain John H. Dike, of y • • «.
company L, sixth regiment of Massachusetts volunteer
militia, the sum of eighty-eight dollars, as state aid from
February first eighteen hundred and seventy-five to De-
cember thirty-first eighteen hundred and seventy-five.

Approved April 4, 1876.

Resolve in favor of james b. collingwood. Chap. 17.

Resolved, That there be allowed and paid out of the Allowance to
treasury of the Commonwealth to James B. Collingwood, ilngwo^".^"^'
the sum of one hundred fifty-seven dollars and eighty-three
cents, the same being in full for all claim for indemnity
under section sixty-four of chapter four hundred and
fifteen of the acts of the year eighteen hundred and sixty-
nine. Approved April 4, 1876.

Resolve in favor of eliza brown of dover. Chap. 18.

Resolved, That there be allowed and paid to Eliza Allowance to
Brown, daughter of John M. Brown, late private of the ^"^^^'^°*'>-
seventh Massachusetts battery, the sum of fifty-six dollars,
the same being the amount of state aid she was entitled to
receive from the first day of February eighteen hundred
and seventy-four to the first day of April eighteen hun-
dred and seventy-five. Approved April 4, 1876.

284

1876.— Chapters 19, 20.

Arms may be
issued to Dean
Academy for
use of pupils.

Chap. 19. Resolve to authorize the issue of arms to the dean academy.

Resolved, That the governor be and hereby is authorized
toissue to the president of Dean Academy, of Franklin,
such arms for the use of the pupils of said academy as in
his judgment may be so distributed without detriment to
the militia service : j^rovided, that the president and fac-
ulty of said Dean Academy shall give a bond, with suffi-
cient sureties, for the return of said arms in good order
and condition, whenever the governor shall so direct, and
shall- in the meantime keep said arms properly insured
against loss by fire, at their expense ; and the president
and faculty of said Dean Academy are hereby released
from the penalty of their bond given in compliance with
chapter fifteen of the resolves of the year eighteen hun-
dred and seventy-one. Approved April 4, 1876.

Chap. 20.

Normal schools.

School building
in Salem.

Laboratory at
Westfield.

School building
at Framingham.

Expcnditurps
chargeable to
different appro-
priation.

School building
at Bridgewatcr.

Resolve in favor of the normal scfiools at salem, west-
field, FRAMINGHAM AND BRIDGEWATER.

Resolvedy That there be allowed and paid out of the
treasury the following sums, expended and to be expended
under the direction of the board of education, to wit: —

For repairs upon the school building of the normal
school at Salem, the sum of fourteen hundred eighty-three
dollars and ninety-one cents.

For fitting and furnishing a chemical laboratory in the
building of the normal school at Westfield, and for chem-
icals and apparatus therefor, a sum not exceeding two
thousand dollars.

For restoring: the lininsr and refittinor the water-tank
with the pipes connected therewith, in the normal school
buildinof at Framinijham, for a steam-boiler in the board-
ing house laundry, and for refitting the same, for additional
furniture for the dormitories, and for chemical a[)piiratus
and chemicals, a sum not exceeding two thousand six hun-
dred dollars.

For the payment of expenditures chargeable to a diflfer-
ent appropriation, the sura of four hundred and ninety-five
dollars and seventy-two cents, being the amount drawn by
mistake from the special appropriation for supplying water
at said school.

For painting the school building of the normal school at
Bridgewatcr, and for purchasing a globe and a manikin for
said school, a sum not exceeding eighteen hundred dollars.

Ajiprovcd April -i, 1876.

1876.— Chapteks 21, 22, 23, 24, 25. 285

Resolve in favor of daniel downet of lawrence. Ohap. 21.

Resolved, That state aid be allowed to Daniel Downey, Allowance to
of Lawrence, from and after January first, eighteen bun- d^""=' i^o^n^y-
dred seventy-six, the same as he would have received had
he been a resident of Massachusetts April twenty-third,
eighteen hundred and sixty-six. Approved April 6, 1876.

Resolve in favor of ellen nolan of westborough. Ohap. 22.

Besolved, That there be allowed and paid to Ellen Nolan Allowance to
of Westborough, daughter of Captain Patrick Nolan of
the twenty-eighth Massachusetts Volunteers, the sum of
seventy-six dollars, the same being the amount of state
aid she was entitled to receive from January first eighteen
hundred and seventy-four to the thirty-first day of July
eighteen hundred and seventy-five. Approved April 6, 1876.

Resolve concerning the commissioners of prisons. Chap. 23.

Resolved, That the commissioners of prisons be in- commissioners
structed to report to the next legislature, during the first ponTpraVfor^"
week of its session, a definite plan for dividing the state fnto'^prfioTdis-
into prison districts, with an estimate of the expense of '^"^ts.
carrying the same into effect ; and also to present an
estimate of the value of the various prison buildings in the
several counties, and to make such other recommendations*
upon the subject as they may deem proper.

Ai)j)roved April 6, 1876.

Resolve relating to papers and documents belonging to the Qkap. 24.

FILES of the senate AND HOUSE OF REPRESENTATIVES.

Resolved, That all papers and documents belonging to custody of pa-
the files of the senate and house of representatives, after swmtTand^ ''^
the expiration of each political year, shall be in the care "sentatfv^aT
and custody of the secretary of the Commonwealth ; and
the clerks of the two houses, during the terms of their
respective offices, shall at all times have access to the same.

Approved April 7, 1876.

Resolve in relation to charges for transportation of coal Chap. 25.

BY RAILROAD CORPORATIONS.

Resolved, That the board of railroad commissioners be Railroad com-
instructed to investigate the prices charged by railroad ^esTiSe'prkla'
corporations for transportation of coal between points upon uon''of 0031*610.
the Hudson River in New York and points in Berkshire
county, and to make such recommendations to the railroad

286 1876.— Chapters 26, 27, 28, 29.

corporations, and to recommend to the next general court
such legislation as they may deem expedient.

Approved April 7, 1876.
Chap. 26. Resolve for the purpose of assisting discharged female

PRISONERS.

discCged fe' liesolved, That there be allowed and paid out of the
male prisoners, trcasury, Under the direction of the governor, a sum not
exceeding fifteen hundred dollars, for the purpose of assist-
ing discharged female prisoners. Approved April 7, 1876.

Chap. 27. Resolve providing for heating, lighting and furnishing the

ADDITION to the STATE REFORM SCHOOL AT WESTBOROUGH.

State Reform Resolvcd. That thcrc be allowed and paid out of the

School at West- /• , i /-• i i t i .

borough. treasury or the Commonwealth, a sum not exceeding thir-

teen thousand dollars, for heating, lighting and water-
piping the addition to the State Reform School at West-
borongh, and a further sum of twelve thousand dollars for
the furnishing of the same. Approved April 7, 1876.

Chap. 28. Resolves in relation to the state board of health.
state Board of liesolved, That so much of the report of the state board
up^on drainag^ of health as rclatcs to the subject of drainage and sewer-
and sewerage. ^^^ ^j- ^,[^[q^ q^^^^ towus, be referred to the next general

court.

Resolved, That said state board of health be instructed
to report to the legislature for its use, such additional facts
and information in regard to the above subjects of drainage
and sewerage as may be in its possession ; such report to
be made in print not later than the first da}^ of January in
the year eighteen hundred and seventy-seven.

Approved April 7, 1876.

Chap. 29. Resolve in favor of mary lamb of boston.

Allowance to liesolved. That there be allowed and paid from the

Mary Lamb. treasury of the Commonwealth to Mary Lamb, of Boston,
widow of Lawrence Lamb, a private of company A,
twenty-eighth regiment Massachusetts Volunteers, state
aid from and after January first eighteen hundred and
seventy-six, the same amount she would be entitled to
receive were she married to him previous to his discharge
from the army. Approved April 12, 1876.

1876.— Chapters 30, 31, 32. 287

Resolve in favor of the town of south abington. Chap. 30.

Resolved^ That there be allowed and paid out of the Allowance to
treasury of the Commonwealth to the selectmen of the Abington.
town of South Abington, the sum of one hundred and
ninety-eight dollars and ninety-eight cents, for rent of the
armory of company C, third regiment of Massachusetts
volunteer militia, from March fourth eighteen hundred and
seventy-five to December thirty-first eighteen hundred
and seventy-five. « Approved April 12, 1876.

Resolve in favor of the Worcester light infantry company. QJiap, 31.

Resolved^ That there be allowed and paid out of the Allowance to
treasury of the Commonwelath to the Worcester Light SlSfantry.
Infantry Company of Worcester, the sum of two hundred
dollars as compensation for the eight tents borrowed by the
quartermaster-general's department on the twenty-fourth
day of May in the year eighteen hundred and sixty-one
and never returned, the same being the private property
of said company. Approved April 12, 1876.

Resolve in favor op Elizabeth howes. Chart. 32.

Resolved^ That the treasurer of the Commonwealth is Allowance to
hereby authorized and directed to pay to Elizabeth Howes Howe^sf ^
the amount of two hundred and five dollars, the same
being the value of four coupons of Massachusetts bonds
(Lunatic Hospital and State Prison Loan) being numbers
seventeen, eighteen, nineteen and twenty, amounting to
one hundred dollars ; also the value of three coupons of
Massachusetts bonds, (Union Loan) being numbers two
hundred and twenty-six, two hundred and twenty-seven
and two hundred and twenty-eight, amounting to forty-
five dollars ; also the value of two coupons of Massachu-
setts bonds, (Union Loan) being numbers eight hundred
and fifty-nine and eight hundred and ninety-five, amount-
ing to sixty dollars ; said coupons being due and payable
on the first day of January, one thousand eight hundred
and seventy ; the said Elizabeth Howes furnishing to said
treasurer satisfactory security for the repayment of the
above amount, upon demand of said treasurer, made at
the request of any person establishing to the satisfaction
of said treasurer a legal right to the same. Said coupons
are alleged to have been lost in said month of January in
the year aforesaid. Approved April 12, 1876.

288 1876.— Chapter 33.

Chap. 33. Resolves providing for the prinths-g of an additional volume

OF THE SPECIAL LAWS.

brrinUd^nd^r Rei^olved^ That the special acts of this Commonwealth,
direction of the passcd from the year eio'hteen hundred and seventy-one to

Secretary of the f, • i 4. i i i i <. • • 1 • u

Commonwealth, the year eighteen hundred and seventy-six, incUisive, be
collated and published, under the direction of the secretary
of the Commonwealth, in a volume as nearly as may be in
conformity with the volumes of the special laws heretofore
published, and in such manner that tiae size of such volume
shall not exceed that of the volume last printed ; and that
a full and complete index of the matter contained therein
be appended to said volume : provided^ that the secretary
shall have authority to omit the text of such acts as he
shall judge unnecessary to be printed entire, but in such
cases he shall include in the volume the titles and dates of
such acts, with a brief statement of the reason for omitting
the text thereof, and the titles thereof shall be inchided
in the index ; and he shall cause to be printed, in smaller
type than the principal text of the volume, any act which
is repealed or obsolete, if he deems it necessary to include
such act in the volume ; and whenever any act was pre-
scribed to take eflfect when accepted by some city, or town,
or by the people thereof, or by some corporation, the
secretary shall ascertain whether it was accepted or not,
and the fact shall be noted in the volume.

Distribution liesolved, That fifteen hundred copies of the volume

aforesaid shall be printed and shall be distributed as fol-
lows : — One hundred copies for the use of the various
state offices and committee-rooms, and for the two houses
of the legislature ; one copy to each member of the present
general court ; one copy to each of the judges of the
supreme judicial and superior courts and each judge of
probate and insolvency ; two hundred copies for the state
library, six copies to be preserved upon the shelves, and
the residue to be used in exchanges ; one copy to each city
and town in the Commonwealth, to be placed in the city
or town library, when such library exists therein ; one
copy to each public and incorporated library in the Com-
monwealth, other than a city or town library ; one copy to
each registry of deeds ; one copy to the clerk of tiie courts
in each county ; fifty copies to bo retained in the office of
the secretary of the Commonwealth ; and the remaining
copies to be disposed of by the secretary of the Common-
wealth to individual purchasers at cost, the money received

1876.— Chapters 34, 35, 36, 37. 289

therefor to be paid into the treasury of the Common- No copies to be
wealth : j)'>'ovuled, that no copies shall be sold for the of resale?"' ^°*^
purpose of resale. And the secretary shall cause to be
pasted on the inside of the cover of each copy delivered
by him to any public officer for the use of his office, a
paper describing said fact, and that such copy is to be
transmitted by the present incumbent, at the expiration
of his term of office, to his successor in such office.

Approved April 17, 1876.
Resolve delating to the improvement of the fisiiway in the (JJia/n, 34.

MERRIMACK RIVER AT LAWRENCE, AND OF THE HOLYOKE FISH- ^ *

WAY IN THE CONNECTICUT RIVER.

Resolved, That a sum not exceeding three thousand Fishwaysin
dollars, be allowed and paid out of the treasury of the coVine"cticut^°
Commonwealth, which the commissioners on inland fish- ^'^■'^'■^•
eries are authorized to expend for the completion of the
Lawrence tishway, and the improvement at the foot of the
Holyoke tishway. Approved April 17, 1876,

Resolve in favor of the disabled soldiers' employment Chap. 35.

BUREAU.

Resolved, That there be allowed and paid out of the Disabled soi.
treasury of the Commonwealth the sum of three thousand meln Bureau!'
dollars to the Disabled Soldiers' Employment Bureau.

Approved Ap)ril 17, 1876.

Resolve in favor of edward fisher of boston. Chap. 36.

Resolved, That there be allowed and paid from the treas- Allowance to
iiry of the Commonwealth to Edward Fisher, bugler of ^^^""'^ ^'^^^'■•
company B. first battalion cavalry, M. V. M., one hundred
and sixty dollars, in compensation for injuries received
while doing military duty at camp in Framingham, in
August eighteen hundred and seventy-five.

Approved April 21, 1876,

Resolve in favor of william pratt of ashburnham. Chap. 37.

Resolved, That there be allowed and paid out of the Allowance to
treasury of the Commonwealth to William Pratt of Ash- ^viiiiam Pratt.
burnham, in full compensation for injuries received by the
kick of a horse on the seventeenth day of June eighteen
hundred and seventy-five, while in the discharge of his
duty, the sum of one hundred and fifty dollars.

Approved April 21,1^1 Q
37

290

1876.— Chapters 38, 39, 40, 41, 42, 43.

Chap. 38.

Allowance to
Samuel Easter.

Chaj). 39.

Allowance to
Edward M.
Steimle.

Chap. 40.

Allowance to
F. F. FoUans-
bee.

Chap. 41.

Allowance to
Joshua H. El-
dridge.

Chap. 42.

Allowance to
Patrick Buck-
ley.

Chap. 43.

Commissioners
(in revisinj;
judicial hyiitoni,
to be appointed.

Resolve in favoh of samuel easter of boston.

Hesolved, That there be allowed and paid from the treas-
ury of the Commonwealth to Samuel Easter, a private of
company C. first battalion of cavalry, M. V. M., the sum
of one hundred dollars in full compensation for injuries
received while doing military duty in camp at Framingham.

Approved April 21, 1876.
Resolve in favor of edward m. steimle of boston.

Resolved, That there be allowed and paid out of the
treasury of the Commonwealth to Edward M. Steimle, a
private of company B. first battalion of cavalry, ]\I. Y. M.,
the sum of five hundred dollars, in full compensation for
injuries received while doing military duty at Boston on
the seventeenth day of June, eighteen hundred and sev-
enty-five. Approved April 21, 1876.

Resolve in favor of f. f. follansbee of boston.
Resolved, That there be allowed and paid out of the
treasury of the Commonwealth to private F. F. Follansbee,
of battery A. first battalion of light artillery, the sum
of one hundred dollars in compensation for injuries received
while doing military duty in camp at Framingham.

Apjiroved April 21, 1876.
Resolve in favor of joshua h. eldridge of boston.
Resolved, That there be allowed and paid from the treas-
ury of the Commonwealth to Joshua H. Eldridge, a pri-
vate of company C. first battalion of cavalry, M. V. M.,
the sum of one hundred dollars, in full compensation for
injuries received while in the performance of military duty
for the state. Approved Ajml 21, 1876.

Resolve in favor of Patrick blckley of north adams.
Resolved, That there be allowed and paid out of the
treasury of the Commonwealth to Patrick Buckley, of
North Adams, an annuity of one hundred and twenty-five
dollars for the term of five years, for injuries sustained at
the Hoosac Tunnel while in the employment of the Com-
monwealth. Apjn-oved April 21, 1876.

Resolve authorizing the appointment of a commission to

INQUIRE into the EXPEDIENCY OF REVISING THE .1UDICIAL SYS-
TEM OF THE STATE.

Resolved, That the governor and council be and tliev are
hereby authorized to ap[)oint a commission, consisting of
three suitable persons learned in the law, to sit during the

1876.— Chapters 44, 45, 46. 291

recess of the leo;islature, "with authority to call witnesses, May can wit.

. . . • J ji T n • • ji • T • 1 nesses, etc.

to inquire into the expediency ot revising the judiciul sys-
tem of the state with a view to securing greater economy,
efficiency and promptness in the administration of justice,
especially by justices of the peace, trial justices, and police,
district and municipal courts. Said commission shall sub-
mit its report in writing, with bill or bills if practicable,
to the secretary of the Commonwealth, on or before the
twentieth day of December next, on which day the commis-
sion shall expire. The secretary of the Commonwealth
shall cause the report to be printed as a document of the
public series to be laid before the next general court, and
a sufficient number of copies to be printed to allow the
secretary to transmit one to each member of the present
legislature, in addition to the distribution of such docu-
ments now prescribed by law. Approved April 26, 1876.

Resolve in favor of c. j. hinkson. Chap. 44.

Resolved, That there l)e allowed and paid from the Allowance to c.
treasury of the Commonwealth to C. J. Hinkson, battery J-Hi°'^«on.
A. first battalion light artillery, M. V. M., for injuries
received in the militia service of the Commonwealth, the
sum of one hundred dollars. Approved April 26, 1876.

Resolve providing for repairs on the state house. Cho/p. 45.

Resolved, That there be allowed and paid out of the Repairs on state
treasury a sum not exceeding one thousand dollars, for ^'^^^®-
repairs and improvements on the state house, to be
expended by the sergeant-at-arms under the direction and
with the approval of the commissioners on the state house ;
and the same is hereby appropriated.

Approved April 26, 1876.

Resolve in relation to state almshouses, asylums and QJiap. 46.
reformatory institutions.

Resolved, That the governor and council, and the sev- state asylums

ai 1 /•• . 11 1 c 1. i. ^ ' and reformatory

boards ot inspectors and boards ot trustees having institutions, ex-
charge of the various state charitable and reformatory duced! *° ^^ '^'^"
institutions, be requested to review the salaries and other
expenses paid under their direction, and to make reduc-
tions therein so far as the same may be made w'ithout
detriment to the public interest, and to cut off all unneces-
sary expenditures. Approved April 26, 1876.

292 1876.— Chapters 47, 48.

Chan. 47. Resolve granting aid to pupils in the state nokmal schools.

Allowance for I^esolvecl, That there be allowed and paid from the

DolmaSoo/s'! ti'casury of the Commonwealth a sum not exceeding four
thousand dollars, for aid to pupils in the state normal
schools, the same being payable in semi-annual payments,
to be expended under the direction of the board of educa-
tion. Approved April 26, 1876.

Chav, 48. Resolves providing tor the stereotyping, printing, binding

^' ' and DISTRIliUTION OF THE DECENNIAL CENSUS AND STATISTICS

OF INDUSTRY.

Decennial cen- BesolvecL That tlic Deccunial Census and Statistics of

SU8 and Statis- /» i /--i i i /• i • i

tics of Industry, Industry ot the Connnonwealtn lor the year eighteen
e print. ]j^jj^(jj.g(] jjijj seventy-fivc, be stereotyped.

Resolved, That there be printed and bound five thou-
sand copies of the Decennial Census and Statistics of
Industry of the Commonwealth for the year eighteen
hundred and seventy-live.

Distribution. liesolvetl, That said five thousand copies be distributed

as follows ; ten copies each to the governor, lieutenant-
-governor and each member of the council, senate and
house of representatives ; one copy to each senator and
representative of Massachusetts in congress ; one copy to
the head of each of the departments of the Commonwealth ;
one copy to the attorney -general ; three hundred copies to
the state library, six copies to be preserved on the shelves
and the residue to be used in exchanges and for distribu-
tion ; ten copies to the public library of the city of Bos-
ton ; ten copies each to the clerks, and one copy each to
the assistant clerks and to the chaplains of the two houses
of the legislature ; ten copies to the sergeant-at-arms, and
one copy each to such of his assistants, not exceeding
twenty-five, as he may designate ; one cojiy to each
reporter to whom a seat has been allotted by the president
of the senate or speaker of the house of representatives ;
one copy to each city or town in the Commonwealth, to
be placed in the city or town library when such library is
cstal)lished ; one C()i)y to each i)ublic or incorporated
library in the Coinnidnwealth, other than city and town
libraries ; one copy to each of the judges of the supreme
judicial court and of the superior court ; one copy to each
judge of probate and insolvency ; one copy to the clerk of
the courts in each county ; one c()[)y to each district-
attorney ; one copy to each sheriff; one copy to each
register of deeds ; one copy to each register of probate

187G.— Chapter 49. 293

and insolvency ; and one thousand copies to the bureau Distvibutiou.
of statistics on the subject of labor, for distribution at the
present time ; and the residue of said five thousand vol-
umes to bo delivered to the secretary of the Common-
wealth, not exceeding one hundred copies for distribution
at the present time, and the remainder for preservation
and for future distribution.

Resolved, That the said five thousand copies be deliv-
ered by the printers to the state, to the secretary of the
Commonwealth, to the sergeant-at-arms to the general
court, and to the bureau of statistics on the subject of
labor, for distribution agreeably to these resolves, in such
proportions as may be determined by the governor and
council.

Resolved, That said census and industrial statistics be
printed in octavo volumes of the size and general style of
the annual reports heretofore of the bureau of statistics on
the subject of labor, and that the matter thereof bo con-
tained in one, two or three volumes, as the chief of said
bureau shall decide : provided, that if the matter be con-
tained in more than one volume, each volume, as far as
practicable, shall consist of the same class or classes of
information.

Resolved, That should it be deemed necessary to print a
larger edition of the Decennial Census and Statistics of In-
dustry of the Commonwealth than provided by the second of
these resolves, the chief of said bureau, with the approval
of the governor and council, may, before the meeting of
the next legislature, order a second edition of said report,
not to exceed one thousand copies, to be distributed as
the governor and council may direct : provided, that said
second edition shall be printed in all respects in the same
style as the first and upon paper of the same quality, and
that one copy thereof shall be delivered, on application,
to each member of the present legislature.

Approved April 27, 1876.

Resolve granting county taxes. Chap, 49.

Resolved, That the sums placed against the names of county taxes
the several counties in the following schedule are granted granted.
as a tax for each county, respectively, to be collected and
applied according to law : —

Barnstable, — Fifteen thousand dollars.

Bristol, — One hundred and three thousand dollars.

294 1876.— Chapters 50, 51, 52.

Berkshire, — Eighty thousand dollars.
Dukes, — Six thousand live hundred dollars.
Essex, — One hundred and forty thousand dollars.
Franklin, — Thirty-five thousand dollars.
Hampden, — Eighty thousand dollars.
Hampshire, — Thirty-eight thousand dollars.
Middlesex, — One hundred thousand dollars.
Norfolk, — Seventy-seven thousand dollars.
Plymouth, — Forty-five thousand dollars.
AYorcestcr, — One hundred thousand dollars.

Aj^l^roved Ajiril 27, 1876.

Chap. 50. Resolve in aid of the state almshouse at tewksbuuy.
Aiiowancefor Resolved, That there be allowed and paid out of the

barn at state ' i i t i

almshouse. trcasury the sum of one thousand dollars, to be expended
by the inspectors of the state almshouse at Tewksbury,
for the purpose of repairing the large l)arn attached to
said institution ; said money to be used for no other pur-
pose. Apjiroved April 27, 1876.

Chap>. 51. Resolve IN FAVOR OF THE STATE NORMAL AKT-SCHOOL.

8tateNo'™ai Hesolved, That there be allowed and paid out of the
treasury, the following sums which arc hereby appro-
priated, to wit : —

A sum not exceeding ten thousand two hundred and
fifty-eight dollars and fourteen cents, for rent, taxes and
other expenses connected with the premises occupied by
the State Normal Art-School, in the building known as
School Street IMock, Boston, from July the sixteenth
eighteen hundred and seventy-five to January the six-
teenth eighteen hundred and seventy-seven, under and by
virtue of a lease made to the Commonwealth, subject to
the approval of the legislature, and executed by Jacobs
and Dcanc on the day first above named, and of a lease or
agreement supplementary thereto, made on the first day of
December, eighteen hundred and seventy-five ; which said
lease and agreement are herel)y ratified and approved : —

Also a sum not exceeding four thousand and thirty-
eight dollars for fitting and furnishing said premises for
the use of the state. Approved April 28, 1876.

Chap. 52. Resolve in aid of the Massachusetts agricultural college.
In aid of Mass. Jiesolved, That thcrc bo allowed and paid out of the

Agricultural , i- ii /-^ iii i. i • i' „

College. treasury ot the Commonwealth, a sum not excecilmg tive

thousand dollars, the same to be expended under the

187G.— CiTAPTEKS 53, 54, 55. 295

direction of the trustees of the IMassachiisetts Agricultural
College, for the payment of the current expenses of tlie
present year not otherwise provided for : provided, that
the excess of expenditures above receipts shall not exceed
that sum. Ajyjrroved Ajyril 28, 1876.

Resolve TO PROVIDE FOR REPAiuiNG the state arsenal at south Q/iaj). 53.

FUAMINGHAM.

Hesolved, That a sum not exceeding eighteen hundred stntc aisonai at
dollars be allowed and paid, and the same is hereby appro- "'""'"^ ■""•
priatcd, to be expended under the direction of the quarter-
master-general, with the approval of the governor and
council, for repairing the state arsenal at South Framing-
ham. Approved April 28, 187G.

Resolve concerning the printing of laws relating to elec- QJiap, 54.

TIONS.

Resolved, That the secretary of the Commonwealth Laws relating to
shall cause to be prepared a pamphlet containing the acts printed and dis-
passed at the present session, relating to elections, together t'-'buted.
with the provisions of the General Statutes and other laws
now in force, relating to elections, with proper notes and
references and a complete index, in such form as may be
convenient for preservation and use in the several cities
and towns of the Commonwealth ; and that he transmit
three copies thereof to the clerk of every town, and three
times as many copies to the clerk of every city as there
are wards in such city ; and also one copy to each meml)ci-
of the present legislature, and one copy to each city and
town. Approved April 28, 1876.

Resolve relating to militia encampments in the present year. QJiap, 55.
Besolved, That after the re-organization of the militia as Miiitia encamp.
provided in an act of the present year entitled "An Act to "ryea?maybe
reduce the expenses and increase the efficiency of the |,\'Jt"heHj„Hg^of
militia," the commander-in-chief may authorize an en- the state.
campment, at some time during the present year, of any
brigade, regiment, battalion or corps of cadets, without
the limits of the state, such encampment to last five days ;
and any brigade, regiment, battalion or corps of cadets
which shall fulfil at such encampment the requirements of
law with reference to encampments, to the satisfaction of
the commander-in-chief, or of such officer as may l)c
designated by him to report thereon, shall be relieved
from the requirements of section ninety-eight of chapter

296

1876.— Chapters 56, 57.

three hundred and twenty of the acts of the year eip^hteen
hundred and seventy-four, with reference to eneami)ments
for the present year, and tlie officers and enlisted men of
such brigades, regiments, battalions or corps of cadets
shall receive the same pay and allowances for service in
such encampment as they would be entitled to receive
if the encampment were had upon the state grounds
in the town of Framingham ; and no allowance sliall be
made for transportation beyond the limits of the state;
and no money shall be allowed or paid from the treasury
of the state by reason of the passage of this resolve,
M'hicli Avould not have been paya])le if the encampments
hereby authorized were had Avithin the limits of the state,
in conformity with the provisions of section ninety-eight
aforesaid. Approved April 28, 1876.

Chap. 56. Resolve authokizing the theasukek to borrow money in

ANTICIPATION OF THE REVENUE.

bonwTnon^y Rcmlved, That the treasurer and receiver-general be,
in anticipation aud lic is hereby authorized to borrow, in anticipation of

of ruvunui'. i • ,^. i i c

the receipts ot the present year, such sums ot money as
may from time to time be necessary for the payment of
the ordinaiy demands on the ti'casury, 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 ap[)r()priated, shall be received
into the treasury. A2>proved A^yril 28, 187G.

Chap. 57. Resolves instructing the attorney-general to institute rito-

* CEEUINGS against CERTAIN Ol'KICIALS OF THE BOSTON AXU AL-
BANY RAILROAD.

Iiesoh'ed,T\vAi the president and certain of the directors
of the Boston and Albany Kailroad Company have, as
appears by the evidence submitted before the committee
on railroads, been engaged in certain )")ecuniary transac-
tions, inconsistent with the honorable and faithful discharge
of their trust.

llesolved. That the attorney-general, with the ap[)roval
of the governor and council, is hereby instructed to take
such action, and institute such i)roceedings as he shall
deem advisable, on behalf of the Connnonwealth, for the
protection of its interest as a stocUhoKler of the lioston
and Albany Railroad Company for the recovery of any

Attornoy-ircn-
t-ral to institute
pi'ocL'wlinj^H
airairict cci-lain
otlicialfi of llur
Boston and AI-
liany Railroad.

1876.— Chapter 57. 297

moneys or other property due or belonging to the Boston
and Albany Railroad Company, in the hands of any officer,
director, agent or* employe thereof or any other person,
and for the preservation and protection of the rights and
property of the Commonwealth and other stockholders
therein ; and he is authorized to employ such assistance,
legal or otherwise, as he may consider necessary, subject
to the approval of the governor and council, the expense
thereof to be paid out of any moneys in the treasury not
otherwise appropriated. Approved April 28, 1876.

The Genewl Court of 1876, during its annual session, passed two
hundred and forty-seven Acts and fii'ty-seven Resolves, vvliicli received
the approval of the Governor. In addition to these, two Acts, en-
titled respective!}', " An Act to confirm the marriage of James Parton
and Ellen Willis Eldredge," and " An Act to regulate the sale of in-
toxicating liquors," were laid before His Excellency the Governor,
for his approval, and were returned by him to the branches in which
they respectively originated, with his objections thereto. The first of
said Acts was returned to the House of Representatives ; and the
House of Representatives loroceeded to reconsider the same agreeably
to the provisions of the Constitution, and the vote being taken on
passing the Act, the objections of the Governor to the contrary not-
withstanding, the same was rejected, — two-thirds of the members pres-
ent and voting thereon not having voted in the affirmative. The
second of said Acts was returned to the Senate ; and the Senate pro-
ceeded to reconsider the same agreeably to the provisions of the Con-
stitution, and the vote being taken on passing the Act, the objections
of the Governor to the contrary notwithstanding, the same was re-
jected, — two-thirds of the members present and voting thereon not
having voted in the affirmative.

The Acts may be classified as follows: Acts of a public character,
two hundred and twelve. Special Acts, relating to private property,
persons or corporate bodies, thirt^'-five.

The General Court of 1876 was prorogued on Friday, April 28,
the session having occupied one hundred and fifteen days.

298 PEorosED Amexdmext to the Coxstitutiox.

PROPOSED AMENDMENT TO THE CONSTITUTION.

Tlie following pvoposetl Article of Amendment to the Constitution
of this Commonwealth, has been oflScially certified and deiwsited in
the Secretary's Department, as required by chapter 156 of the Acts
of 1865, and if agreed to by the General Court next to^e chosen, in
the manner provided by the Constitution, must be submitted to the
people for their ratification or rejection.

Resolve providing for an a:\iendment to the constitution, to
render the president, professors and instructors of har-
vard college eligible to seats in the senate axd house of
representatives.

Resolved, By both houses, the same beini:^ asfreed 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 Com-
monwealth by adopting the subjoined article of amend-
ment, 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 bo
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 a[)proval and ratification, in order
that it may become a part of the constitution of the Com-
monwealth.

ARTICLE OF AMEXDIMEXT.

So much of article two of chapter six of the constitution
of this Commonwealth as relates to persons holding the
office of president, professor or instructor of Harvard Col-
lege, is hereby annulled.

Senate, March 24, 187fi. The foregoing article of
amendment is agreed to, a majority- of the senators pres-

Proposed Amexdmext to the Constitution. 299

eut and voting thereon having voted in the affirmative,
and the same is referred to the General Court next to be
chosen.

Geo. B. Loring, President.

House of Representatives, March 31, 1876. The
foregoing article of amendment is agreed to by the House,
two-thirds of the members present and voting thereon hav-
ing voted in the affirmative, and the same is referred, in
concurrence, to the General Court next to be chosen.

John D. Long, Sj)eaker.

[The Resolves providing for Amendments to the Con-
stitution, relative to Sheriffs, Commissioners of Insolvency,
District Attorneys and Clerks of Courts, which were
agreed to by the General Court of the year 1875, in the
manner provided by the Constitution, failed to receive the
approval of the General Court of the year 1876.]

300 Goyeexor's Address.

i]s:augural address

HIS EXCELLENCY ALEXANDER H. RICE

At one o'clock on Thursday, the sixth 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 and military departments
of the government, attended by a joint committee of the
two Houses, met the Senate and House of Representa-
tives, in Convention, and delivered the following

ADDRESS.

Gentlemen of the Senate and of

the House of Representatives :

We are assembled, in pursuance of the provisions of the
Constitution and laws of Massachusetts, and by the selec-
tion of her citizens, to discharge, during the present year,
the lesiislative and executive functions of her o:overnment.
A trust so intimately affecting all classes of her people in
their civil, social, and domestic life, — compassing so
largely their rights, privileges, and property, and spread-
ing so generally through all tlieir interests and activities,
— appeals at once to our most sacred convictions of dut}',
our impartial judgment, and to a high and steadfast am-
bition.

The founders of the Commonwealth relied upon the
ruling hand of the Almighty while they built up the State
with the otHces of religion and patriotism, and the}' have

Governor's Address. 301

sent these sacred injunctions along with the heritage which
they bequeathed to posterity.

To the same beneficent Providence we turn in the com-
mencement of our hibors, with the prayerful hope that
God will be with us as he was with our fathers.

The Muse of History is already winding the last envel-
opes upon our first centennial scroll, and we look back
with rekindled faith and gratitude through one hundred
years of national existence illumined by the glories of the
closing epoch. The Colonies, few and feeble, at first
patient under oppression, then stung by injustice, and, at
last, burning with the love of liberty, launched into being
as a Nation upon a declaration of natural and political
rights, vital with immortal truth, and falling with renova-
ting and electric touch upon the hearts and consciences of
mankind. Viewed even in the familiar aspect of the pres-
ent day, the Republic was one of those sublime concep-
tions which are grasped only in a state of high mental
exaltation, and after every personal possession has been
brought to the altar of uusellish patriotism. It embodied
the instinctive wisdom which Hows from virtue almost
divine, coupled with the deductions of experience through
all the ages and wherever humanity has struggled for a
government of natural freedom, restrained only by the
limitations of social necessity. The great appeal put forth
with momentous solemnity on the fourth of July, 1776,
was both a declaration and a prophecy. It declared the
natural equality of all men before the laws ; and the pledge
of life, fortune, and sacred honor to the maintenance of
this declaration was the promise that this Western Conti-
nent should, in the providence of God, exhibit an example
of national greatness based upon this immortal prin-
ciple.

Stepping into an arena where the light of truth, rather
than the precedents of example, was to be the guide, the
eflbrt to combine in national unity, colonies already meas-
urably developed under the influences of ditferent blood,
diflerent antecedents, and ditferent physical conditions, —
what wonder that there crept into the organization the
lingering elements of discord, the scattered seeds of im-
perfect civilization, or the smouldering embers of impend-
ing war ! National and individual lives have the common
inheritance of discipline in their higher developments ; and
if the strengthening of virtue follows the resistance of evil

302 Governor's Address.

in the one case, it is also decreed that nations shall rise in
power and dignity as the reward of righteousness.

The progress of the country through these hundred
years has been constant and beneficent. The forests have
been subdued, the rivers spanned, the mountains scaled,

. the prairies planted, transportation everywhere provided,
the mines opened, industries established, commerce ex-

, tended, the arts encouraged, science and literature culti-
vated, education fostered l)y public provision and private
bounty, knowledge disseminated hy press and platform,
religion recognized and espoused, and all the elements of
high civilization put into action from sea to sea. More-
over, the conliicting elements of that civilization have
measured strength in trials of experience. False theories
of local government, and of the relations of the States to
the Union, have passed away ; the great conflict between
freedom and slavery, which surged in the capitol and be-
fore the people, culminated in a resort to arms which
struck the last shackle from the slaves, and made the flag
of the Republic indeed the ensign of freedom, regardless
of the boundaries of States or of sections. The recent
amendments to the Federal Constitution have secured the
main achievements of the war with the seal of fundamental
law, by giving to the liberated slaves exemption from
political disability on account of race, color, or previous
condition of servitude ; have incorporated them numeri-
cally in the basis of representation, and established their
rights and prerogatives of citizenship. And all these
political results have been accepted by the people of the
country, without party distinctions, and with substantial
unanimity. The bitterness of sectional hatred has given
place to a generous cordiality, and the voice of disunion
is forever hushed in a lo^al patriotism.

"With these results attained, the people of the country
are prepared for new departures in political policy, and
the pursuit of new means and objects of growth and re-
nown. There is a healthy determination among them for
the purification of the public service, wherever its adminis-
tration is faulty or corrupt ; a demand for economy and
retrenchment in every department of government, national,
state, and nuuiiei[)al ; for the extension of the blessings of
education into the States lately in rebellion, and for the
encouragement there and everywhere of social order under
the common securities for life, person, and property ; for

Governor's Address. 303

such an titljustraent of the laws to the commercial and
industrial interests and resources of the country us shall
best revive its business, and give to all classes, and espe-
ciallj' to the laboring and dependent, renewed and enlarged
opportunities to better their condition, and to secure that
competency which should be the reward of honest toil ;
for a currency which, while adapted to the wants and con-
venience of local exchange and investment, shall be stable,
and accord with the recognized standards of value in other
civilized and commercial countries ; and that the national
debt shall be honestly paid according to the public promise.
So strong are these demands, — these determinations in the
minds of the people,— that we may confidently believe that
no organization and no party can retain or receive the
public contidence, or deserve it, if it disregards them ; that
every Legislature will be expected to pursue them, and
that henceforth they will be among the potential agencies
in political administration, and the guaranties both of a
higher standard of public and personill morality, and of a
quickened and permanent prosperity.

It is under such expectations and auspices that we be-
gin our official duties, and it will be my endeavor to join
in cordial cooperation with you for their fullest accom-
plishment.

STATE FINANCES.

The public debt of the Commonwealth now amounts to
nearly thirty-four millions of dollars, showing an apparent
increase over the corresponding period last year of about
four and a half millions, — a larger increase than has been
made in any year since the direct expenses for the war
ceased. A portion of this increase was authorized by the
Legislatures of previous years, but did not appear in
their accounts ; and a portion of the money raised is still
in the treasury, a favorable state of the money market
having rendered it expedient, in the opinion of the Hscal
officers, to anticipate the immediate demands upon appro-
priations ; but I am informed that it is certain the whole
amount, and probably some additions, will be required to
complete the objects and fulfil the purposes for which the
appropriations were made. It will be observed, also, that
the increase of the sinking-fimd account is made nearly
commensurate with the increase of the debt ; this fund is
kept unimpaired and unpledged, except for the special

BOi Governor's Address.

purposes for which it has been from time to time created,
and it therefore virtually provides for the ultimate pay-
ment of that portion of the debt. Yet an increasing debt
makes also an increasing interest account, which must be
annually provided for in some form of taxation.

While the credit of the State justly remains unimpaired,
and its resources are amply sutficient to keep it so, yet
the continued depression of the business of the country,
and the diminished income of almost all classes of the peo-
ple, admonish us that there should be no increase in any
form of the public indebtedness or expenditures except for
purposes of cardinal importance and necessity. The ten-
dencies of the times have been towards excess and extrav-
agance in all things, and vigilance is required to prevent
the extension of this influence into the objects of legisla-
tion, and thus to bring directly or unawares upon the
State, pecuniary burdens which will be oppressive to the
people and injurious to its credjt at home and abroad. It
has always been a subject of honorable satisfaction to our
fellow-citizens, that the good credit of the State has been
maintained through the vicissitudes of peace and war; and
the premiums which have from time to time been realized
from the sale of its bonds, have formed a considerable por-
tion of the sinking funds which are so important a security
for its loans.

The followinof statement shows the amount and charac-
ter of the funded debt, January 1, 1876 : —

Aggregate funded debt, January 1, 1875, $29,465, 20i 00

Scrip issued during the year ; —

Troy c^ Greenfield R. K.

loan (sterling), . . $1,497,980 00

Troy & Greenfield R. R.

loan (dollars), . . 1,300,000 00

Worcester Hospital loan, 750,000 00

Danvers Hospital loan, . 250,000 00

State Prison and Wo-
men's Prison (sterlinir), 1,292,280 00

5,090,260 00

Amount carried forward, . . $34,555,464 00

Goveri^or's Address. 305

Amount hr ought forward^ . . $34,555,464 00

Paid during the year : —

Harbor Improvement loan, $230,000 00

Union Fund loan, . . 432,000 00
Lunatic Hospital and

Prison loan of 1854. . 1,000 00

Almshouse loan of 1854, 1,000 00

New State Prison loan, . 5,000 00

669,000 00

Present funded debt, . . . $33,886,464 00

Classification of the debt : —

Railroad loans, . . $17,768,996 00

War loans, . . . 12,724,188 00

Ordinary loans, . . 3,393,280 00

$33,886,464 00

Net increase of funded debt in 1875, $4,421,260 00

Thirteen thousand dollars of overdue bonds have not
yet been called for.

The balance of the Union Fund loan, $1,424,000, will
mature during the current year, and its payment is amply
provided for by the sinking fund applicable for that purpose.

The sinking funds amount to $11,725,309.12.

These funds, as also the Back Bay lands, the South
Boston flats, and other property, are, by existing laws,
pledged for the redemption of the state debt, and with,
perhaps, the exception of the Troy and Greenfield loan
and the prison and hospital loan, will be sufficient for its
redemption at maturity.

The estimates for 1876 are as follows : —

Ordinary expenditures and payments from

the revenue, $4,960,700 00

The ordinary revenue of the year, includ-
ing revenue cash in the treasury, . 3,649,234 00

A state tax of $1,800,000 or $2,000,000 will be neces-
sary to meet the estimated deficiency, and leave the treas-
ury at the close of the year with cash in hand sufficient for
such calls as may be made upon it before the ordinary
revenues of the succeeding year shall begin to be realized.

306

Govekn^or's Address.

VALUATION AND TAXATION.

The attention of the people of the country is becoming
aroused to the increase which has been going on, since the
close of the civil war, in every branch of the public in-
debtedness ; but the nature and extent of this increase are
only partially apprehended, and its effect upon the pro-
ductive industry of the country is but imperfectly under-
stood. The following table shows the growth of state,
county, and municipal indebtedness in Massachusetts, be-
tween the years 1865 and 1875 : —

Indebtedness.

1865.

1870.

1875.

State, .
County,
Municipal, .

$22,893,972 56

423,461 25

19,852,109 21

$30,823,380 02

485,498 34

31,571,268 29

$29,465,204 00

1,520,645 40

80,427,245 00

Totals, .

$43,169,543 02

$62,880,146 65

$111,413,094 40

Of the municipal indebtedness o(1875, $65,426,341 be-
longed to cities and $15,000,904 to towns.

We see here an increase in the total public indebtedness
within the Commonwealth of $68,243,551.38, or 158 per
cent, on the indebtedness of 1865. In the meanwhile,
the increase in our population and valuation has not kept
pace with our expenses. In population, the gain was
from 1,267,031 to 1,651,912,— a little more than 30 per
cent. In valuation, the gain was from $991,841,901 in
1865 to $1,840,785,000 in 1875,— about 85^ per cent.,—
an annual average of $84,894,310. Only once since 1869
has this average been reached, namely, in 1872 ; which
year appears to have been one representing a period of
unprecedented public prosperity, every county in the Com-
monwealth advancing its valuation and contributing to a
grand total of $199,248,283, — considerably more than
double the averao:e annual ijain of the decade. The fall-
ing off last year was so marked as to call for special notice.
The gain in 1875 was only $9,183,835, which was 13 per
cent, on the value gained in 1874, and 11 per cent, on

Governor's Address. 307

the annual average during the ten years now under re-
view, and less than 5 per cent, on the exceptional gain
of 1872.

The figures thus laid before you show, further, that the
important increase in our expenses has been in the coun-
ties, cities, and towns, rather than in the administration
of the affairs of the Commonwealth. While the increase
in the state debt from 1865 to 1875 was about 29 per
cent. , that in the county indebtedness for the same period
was about 260 per cent., and that in the debts of the cities
and towns was 305 per cent. It is evident, also, not only
from the accumulation of debt in the towns and cities, but
from the increase in local taxation, that the municipal
expenses greatly exceed, and are out of all proportion to,
those of the State. JFor example ; the total tax for state,
county, city, and town purposes, in 1872, was $22,911,-
883 ; in 1875, it was $27,709,848. In both these years
the state annual tax was the same, namely, two million
dollars; the increase in the levy, therefore, of 21 per
cent., or four and three-quarters millions of dollars in
three years, is altogether chargeable to local expenditures.
This alarming tendency to excessive expenditures in towns
and cities led to the enactment of a very sound and con-
servative measure, at the last session of the Legislature,
for limiting and regulating municipal indebtedness, and I
believe the influence of that Act has already been decid-
edly beneficial. Such careful examination of the subject
as I am sure you will make, will lead you to determine
whether any further legislation in the same direction is
desirable. It is the duty of the Legislature and the Exec-
utive to scrutinize closely every proposition which involves
the possibility of a draft upon the treasury of the State. ♦
At the same time, it cannot be too deeply impressed upon
the people of the Commonwealth, that the responsibility
for the increase in their taxes, and in the various forms of
public indebtedness, rests mainly with themselves ; and
that their voice and vote, either directly, in town meet-
ing, or in city councils selected by themselves, have
decided upon and ordered the outlays which have been
swelling the volume of annual expenditure to the extent
here indicated. It is proper to add that the state of things
revealed by this exhibit, in Massachusetts, is probably by
no means an exceptional one in the country. If a similar
analysis were made in other States, it would, no doubt,

308 GovER:5iroE's Address.

show a condition of affairs equally surprising. It is with
our own Commonwealth, however, that we are especially
concerned to-day.

SAVINGS BANKS.

The returns of the savings banks for the last three years
show a steady increase in the total amount on deposit ; a
slight gain in the deposits in 1875 over those made in
1874 ; and, notwithstanding the prevailing depression in
our industries, a smaller amount withdrawn from these
institutions in 1875 than in either of the two previous
years. The official figures are as follows : In 1873 there
were 175 savings banks, with a total of deposits of $202,-
195,343; in 1874, 179 banks, deposits, $217,452,120; in
1875, 180 banks, deposits, $238,3^6,584. The total
amount deposited during the three years was: In 1873,
$58,846,558; in 1874, $57,611,608; in 1875, $59,930,-
144. The withdrawals in each year were : In 1873, $50,-
458,340; in 1874, $49,696,893; in 1875, $46,996,036.
You will no doubt see that the necessary legislation for
protecting the interests of depositors, and of the public,
in these institutions, exists, or shall be provided.

KAILROADS.

Notwithstanding the financial depression, thirty-eight
miles of new railroad have been constructed within the
State during the year. The average annual construction
during the last forty years has been about fifty miles.
During the year ended Septeml)er 30, 1873, — the date of
the financial crisis, — one hundred and thirty-one miles
• were constructed.

There has been during the last year a fortunate immu-
nity from railroad accidents. Out of 42,035,846 passengers
carried, not one has been killed by any cause not occa-
sioned by his own carelessness, and only six have been in
any way injured, and most of those but very slightly.

The doings and earnings of the railroads afford perhaps
a good indication of the condition, whether prosperous or
otherwise, of the business of the community. The last
was the second railroad year since the financial collapse of
September, 1873. During the first, the gross earnings
of the railroads decreased only eight-tenths of one per
cent., the falling off being wholly in receipts from freight,

Governor's Address. 309

while from passengers there was a distinct increase. The
continned business depression has, however, during the
last year, told more decidedly ; for not only the volume
of passenger traffic decreased 1.05 per cent., and that of
freight 9.05 per cent., but this decreased amount of busi-
ness has also been done at less profit than before ; the
decrease in passenger receipts being 2.07 per cent., and
in freights 9.8 per cent. In both respects the falling off
has been mainly on the through business, and this was
most especially noticeable as respects freights. During
the last year the railroads of this State, as a rule, did their
through freighting business at a very low profit, and, in
some cases, apparently, at a loss. The net profit on run-
ning freight trains, whether for through or local business,
has been as low as six cents per mile, and has varied
between that and forty-seven cents. As the average
weight of a freight train is some three hundred tons, it
will be seen that this is a small margin of profit.

The Board of Railroad Commissioners has prepared,
and will submit with its forthcoming report, a measure in
relation to railroads, which it deems of first-class impor-
tance, and which, if successful in this State, could hardly
fail to exercise great influence on the country at large.

The books and accounts of the railroad corporations are
now kept in various ways, and under independent and
arbitrary rules, and the statements made up from them,
and given to the public, are often incomplete and unintel-
ligible, and sometimes, perhaps, are incorrect. The
remedial measure recommended is based on the two prin-
ciples of uniformity and publicity in accounts, and it is
pro osed that, hereafter, the books of all these corpora-
tions shall be kept on a uniform system, and under a
supervision sufficiently public to insure strict compliance
with the la,w.

In other respects the general laws now in force relating
to railroads seem to be satisfactory, and rather to require
to be left alone than to be further amended.

HOOSAC TUNNEL.

One of the largest enterprises in which the State is
interested is the Hoosac Tunnel, and the Troy and Green-
field Railroad connectinsf therewith. It has been found of
late 3'ears, also, to be one of the most difficult of manage-

310 GovEKisroE's Address.

ment — whether regarded in the light of a pecuniary
investment, or of its utilization as an element in our
system of internal improvements.

In stating the present condition of this enterprise, it
will be necessary to remind you that the opening of the
tunnel through the Hoosac mountain by no means finished
the work necessary to render it availa])le for use as a rail-
road line. For the purpose of completing wh[\t needed to
be done on the railroad, and of inquiring into the business
connections which could probably be entered into between
this and various trunk lines, and of devising a scheme for
its best utilization, the Legislature of 1874 passed an Act
providing for the appointment by the Governor and
Council of five persons, to be a body corporate for one
year, from July 1, 1874, under the name of the "Boston,
Hoosac Tunnel and Western Railroad Company " ; and to
them were given full powers of construction and adminis-
tration. Their report, submitted to the Legislature in
January last, will reward your careful perusal.

Simultaneously with the incorporation of this board, one
million and a half of dollars were appropriated to be
expended upon that part of the Troy and Greenfield
Railroad lying west of Bardwell's Ferry, three hundred
thousand dollars having been previously appropriated for
constructing archwa^^s in defective portions of the eastern
and central divisions of the tunnel. This latter sum was
to be expended by the Governor and Council, by whom a
contract was made (Nov. 19, 1874) for arching about two
thousand feet of the tunnel, which, upon such general
inspection as had then been made, was supposed to be all
the arching that was required. The corporators, upon
examination of the property placed in their charge, found
the Troy and Greenfield Railroad "in an exceedingly
unsatisfactory condition," due not only to defects iu
original construction, but to subsequent neglect, and they
at once entered into contracts for the work of repair and
reconstruction, which required its completion by the 1st
of July, 1875 ; but I am informed that the work will prob-
ably not be comi)leted before the end of the i)resent year.

The Legislature of 1875 passed an Act placing the con-
trol of the property, after July 1, 1875, in the hands of
the Governor and Council, and appropriated the sum of
one million three hundred thousand dollars to be expended
by them upon the work.

' GovERNoii's Addkess. 311

Four thousand feet of arching in the tunnel, in addition
to the two thousand feet then in progress, were found to
be necessary ; and a contract for this additional work, or
for such portion of it as can be completed at a cost not
exceeding $900,000, was made on the 9th of September
last. It is agreed that the work of arching shall cease on
the 30th of June, 1876. The Governor and Coiyicil also
contracted, in September and October last, for rebuilding
that part of the line lying between Bardwell's Ferry and
Greenfield, and these contracts have a year to run from
their date. The line between tHe tunnel and North
Adams, including the little tunnel, was contracted for in
February, 1875, and will be completed in the ensuing
spring. The road between North Adams and the Ver-
mont state line is nearly completed.

While it may be frankly admitted, that in the progress
of this work during the last quarter of a century antedat-
ing the period to which I have thus far referred, there has
no doubt been much mismanagement and much injudicious
expenditure, it may yet be interesting and somewhat
instructive to compare its cost with that of other public
works of similar nature in other States and countries.
The bridge over the Mississippi River at St. Louis, with
its connecting tunnel under the city, together less than
two and a half miles in length, — less than half the length
of the Hoosac Tunnel, — is reported as having cost thirteen
and a half millions of dollars, of which three and a half
millions were absorbed by discounts, commissions, and
interest on bonds. The Mont Cenis Tunnel was thirteen
years in construction. Its length is about seven and a half
miles, and its total cost was from twelve and a half to
thirteen million dollars, gold value, with labor at about
half the price paid for the Hoosac Tunnel work. On the
acquisition of Savoy, France assumed one-half of this
tunnel, agreeing to pay for it the sum of £1,287,000, to
which was subsequently added a large sum as compensa-
tion to the contractors for completing the work several
years before the expiration of the contract time. The half-
interest of France in this tunnel must have cost upwards
of seven millions of dollars, gold value. The St. Gothard
Tunnel, which will have a length of about nine and a half
miles, will cost, according to present esti;iiates, about
eleven and a half millions of dollars, gold value, with
cheap European labor.

312 Govekntor's Address.

The amount of money and credit advanced by the State
for the Troy and Greenfield Railroad to the 31st of Decem-
ber, 1875, was $11,920,334.67 ; the interest paid on loans
to the same date was $3,203,628.99; total, $15,123,903.-
66. The balance of legislative appropriations unexpended
on the 31st of December, 1875, was $1,414,162.82. The
total co^ of the railroad and tunnel, therefore, when all
existing ajopropriatious shall have been exhausted, will be
$16,538,126.48.

Looking to the future, so far as relates to the comple-
tion of the tunnel and of the Troy and Greenfield Railroad,
no legislation seems to be called for at the present session,
the work being all under contract, with the prospect of
being faithfully performed. Nor will you now be asked
by me to vote any further appropriations in aid of it. If
I rightly interpret the feeling of the people, they hold the
opinion very positively, that the State has gone as ftir as
it ought to go in the expenditure of money on the tunnel
line, and that it must cease to be a source of expense to
the Commonwealth ; until we have some new and con-
vincing evidence to the contrary, I think we must all
share in this conviction.

The important question still remains, however. In what
manner and by what means shall this great public work be
ultimately brought to serve the purposes for which the
State has become interested in it at so large an outlay?
This question has been carefully treated in the report of
the corporators, before alluded to, and it is satisfactory to
learn therefrom that the opinion which they had previously
formed of what the tunnel line might be made to accom-
plish, and of the public advantages to be expected from it
under a vigorous management, were much increased in the
progress of their investigations. They take occasion to
add, however, "We are, at the least, equally impressed
with the extreme necessity of some early action which
shall fix a policy under which it may be developed."
After discussing quite elaboratel}'^ four different plans, the
corporators were unanimous and decided in recommending
one by which the properties of the State should be consoli-
dated with those of private connecting lines in mixed
ownership, the whole to be taken in charge b}' a board of
directors fairjy representing the several constituencies,
but retaining in the State a directing power equal to all
the others.

Goverjtok's Address. 313

The Legislature of 1875 appears not to have been
ready to coucur in the recommendation of the corpora-
tors, but adopted instead a plan for the continued posses-
sion by the- State of the railroad and tunnel, with a view
to holding them in trust, charging simply a moderate toll
for their use. This is what is known as the toll-gate plan,
and is embodied in the Act of March 30, 1875. While I
may not rightly interpret the intention of the Legislature
in this Act, yet an examination of the whole subject
seems to indicate that the final question of a fixed policy
of future management was practically, and perhaps inten-
tionally, left open until the thorough completion of the
line under the appropriations, with the apparent expecta-
tion that in the meanwhile further light would more
plainly show the best course to be taken. This course
may be a question for your determination.

The tunnel line, by existing legislation, is under the
management of the Governor and Council, who employ a
manager and subordinates in one or more departments,
but who in reality operate the line. I respectfully submit
to your consideration whether the executive branch of the
state government can permanently manage the 4-| miles of
tunnel and forty miles of railroad which form only part of
an undeveloped and disconnected line, in such manner as
shall secure its success, and realize the just expectations of
the people whose money has constructed it. The language
of the corporators is very emphatic on this point. They
say :—

" We hold it almost puerile to hope that the tunnel route can be
developed in any such waj' as to justify its construction except through
the agency of an energetic, concenti'ated, and wealthy management.
In organizing such a management, it may be desirable to secure every
guarantee of the use of the tunnel by weaker connecting roads ; but
it is none the less true that the business of the main through line can
only be developed — as the people of the State have a right to expect
it to be developed — through a management as vigorous as those with
which it is forced either to contract or to contend."

The idea of perpetual management by the executive
department of the State, with its liability to further out-
lays to an unlimited extent, and to business complications
more intricate than any that have arisen in the progress of
construction, must, I think, enforce the efibrt to consoli-
date all the interests on this new route, or so many of
them as may be prepared to enter into an equitable

314 Goveenor's Address.

arrangement for consolidation, in such manner and on
such basis as may hereafter be mutually agreed upon
under legislative sanction.

I have fewer misgivings than are sometimes expressed
respecting the ultimate commercial success of the tunnel
line, under proper organization and wise management. It
is hardly to be supposed that a railroad property of this
magnitude, lying between two great points of supply and
consumption, and within the limits of the most densely
populated State in the Union, will not sooner or later attract
such connections as will command a ratable portion of busi-
ness from present and from newly created sources. The
steady growth of the country, and of its vast internal
trade, makes a continually increasing demand upon the
transportation capabilities of the continent ; and the steady
advance of the capital city of New England, both in its
foreign commerce and in its domestic industries, holds out
strong inducements to all the existing and projected lines
which here converge, to multiply their facilities and to
extend their connections to the utmost.

The tunnel route may be expected largely to create a
traffic for itself, and will take its due share with others in
the benefits of that revived and expanding prosperity
which we anticipate for ourselves and for the country at
large at no very distant day.

THE HARBOR COMMISSION.

Massachusetts is the only State which has as yet organ-
ized a board of commissioners, vested with general author-
ity over the harbors and tide-waters within its territory.

The coast line of the State embraces an important sec-
tion of the seaboard of the United States. It includes
the port of Boston, which ranks among the foremost of
those engaged in foreign and domestic commerce ; Glouces-
ter, which is unequalled in its fisheries ; New Bedford,
possessing our largest whaling fleet ; and Provincetown
harbor and Vineyard Haven, the two most valuable and
most frequented harbors of refuge on the Atlantic coast.
Besides these, there are thirty-three other ports which
play important parts in the commercial progress of the
country.

In order that improvements in these ports may not be
delayed in awaiting the session and action of the Legisla-

Goyeenoe's Addeess. 315

ture, the State has delegated to the harbor commission its
powers to grant licenses for all works and structures ex-
tending into these tide-waters; to give hearings to all
parties, adjust diiferences, and prescribe the modes and
conditions under which such structures shall be built.
The Board has exercised these functions in nearly every
harbor of the State, and has made surveys and accumu-
lated other data relating to them which enable it to devise
and carry out comprehensive projects of improvement.

In Boston harbor the commission has executed impor-
tant work. Largely through its instrumentality, the recla-
mation of the South Boston flats is now fairly under way,
and has received its constant supervision. This is the
most important harbor improvement yet undertaken by
the State. It provides not only for the creation of new
territory suitable for railroad termini and first-class mari-
time purposes, but for the removal of the shoals from the
main channel and the addition of several hundred acres to
the anchorage of the upper harbor.

A comprehensive scheme for the improvement of the
navigation of Charles River has been put in process of
execution as a measure of compensation for grants to the
Cambridge Improvement Company, which promises sub-
stantial harbor benefits.

Among the powers vested in the commission is that
of authority to memorialize Congress on subjects of
harbor and coast improvement. It has exercised this
authority with success, and has been instrumental in ob-
taining large appropriations for dredging out channels,
removing rocks, and protecting wasting headlands by the
construction of extensive sea-walls.

SOUTH BOSTON FLATS.

The general management of the large extent of flats at
South Boston belonging to the Commonwealth, was in-
trusted by the last Legislature to agents to be appointed
by the Governor and Council. Three gentlemen were
accordingly selected to assume this charge in August last,
and they entered upon their duties in September. They
have taken the proper measures to gather the information
and obtain the engineering data necessary for laying before
the Legislature a general plan of these lands.

It was provided by the 239th chapter of the Acts of
1875, that this plan should specify the portions of these

316 Governor's Address.

flats, which in the judgment of the agents, should be
devoted to railway, commercial, and general purposes
respectively. Such a duty will evidently require great
consideration, and a careful study of many interests for
its thorough performance.

I understand that these agents will soon call your atten-
tion to portions of the Act under which they serve, with a
view to asking changes therein which they deem essential
to the proper administration of their duties.

AGRICULTURE.

In surveying the manifold industries of the State, agri-
culture is so comparatively noiseless as to be liable to pass
unnoticed, unless we are reminded by some special incident
of its importance. Though not an agricultural State, in
the common acceptance of the term, yet the statistics show
that the farmers of Massachusetts raise more per acre, on
an average, even of the staple crops, like corn and wheat,
than do those of the great agricultural States of the Union.
The annual yield of the farms of this State, according to
the returns of 1865, was nearly eighty-two millions of dol-
lars ; and it is thought to be reasonably certain that since
that date there has been a gradual increase in the form
of small fruits, garden or market vegetables, and the
dairies, though there may have been some decrease in the
staple crops of the farms.

Experiments undertaken along the sea-shore, in diking
and reclaiming extensive tracts of salt marshes, have
proved so far satisfactory as to greatly increase the interest
in this enterprise, and there is every prospect that thou-
sands of acres of fertile lands will be added to the productive
area of the State. Careful scientific investigations into the
changes which take place in the soil of reclaimed marshes
have been instituted under the direction of the State Board
of Agriculture, which afford valuable information and aid
to practical cultivators, and which are likely to stinuilate
to greater efforts in similar reclamations along our sea-
coast. An interesting and valuable series of experiments
has been instituted under the auspices of the Massachusetts
Agricultural College, in promoting the growth of crops ;
and these experiments have excited a degree of interest
and inquiry among the f^irmers, which is likely to lead to
important results. The past year has been one of more

Goyerkor's Address. 317

than usual prosperity to agricultural industry, and the
courage and hopefulness among the fanning community,
we are told, present a strong contrast to the general
depression in mercantile, manufacturing, and mechanical
pursuits. The number of incorporated agricultural socie-
ties which receive bounty from the State, is thirty, and
the amount of bounty received is about $18,000. It
is suo^fifested that some changes in the methods of distribut-
ing this bounty could be made, by which the objects
sought by the distribution would be likely to be further
promoted.

CONSTITUTIONAL AMENDMENTS.

My immediate predecessor called the attention of the
Legislature of last year to the amendment to our State
Constitution, adopted in 1855, providing for the election
by the people, of sheriffs, registers of probate, commis-
sioners of insolvency, clerks of courts, and district
attorneys, and recoinmended an inquiry respecting the
expediency of repealing this amendment, and of returning,
in the selection of these officials, to the original method of •
appointment. The Legislature, by the requisite majority
in both branches, adopted resolutions in favor of repealing
the amendment referred to, as far as relates to sheriffs,
commissioners of insolvency, clerks of courts, and district
attorneys. It will be necessary for you to confirm this
action before the propositions thus to change the Constitu-
tion can be submitted to the people ; and I would bespeak
for the subject your favorable consideration.

SPECIAL LAWS.

Several years have elapsed since the last publication of
the special laws of the Commonwealth was made, and I
would suggest that the preparation of another volume
during the present year be authorized and provided for.

REDISTEICTING THE STATE.

■ I remind you of the provisions of the Constitution which
require the General Court, at the session next after the
taking of a state census, to redistrict the State for coun-
cillors and senators, and to reapportion the number of
representatives among the several counties. It will be

318 Govert^or's Address.

your duty, therefore, at the present session, to divide the
Commonwealth into eight councillor districts of contiguous
territory, each district to contain, as nearly as practicable,
an equal number of inhabitants with the others ; also into
forty senatorial districts, each to contain, as nearly as
possible, an equal number of legal voters with the others ;
and, further, to apportion the two hundred and forty seats
in the House of Representatives among the several counties
according to the relative number of voters in them.

THE MILITIA.

During the last year the militia was brought into unusual
prominence on account of the centennial celebrations, in
which it bore a conspicuous part, receiving encomiums from
visiting strangers ; and in no way, I believe, has its good
reputation received injury. Especially was it commended
by the general commanding the United States army, and
other military officers of high rank, for its good appear-
ance on the 17th of June, when, under special authority
of the Legislature, the entire division was ordered to this
city in performance of the annual duty required usually on
the last Wednesday in May.

For details respecting the various tours of duty required
by law during the year, and of special service performed
at Springfield, South Deerfield, and Fall River under
precept of civil authority, I refer you to the report of the
Adjutant-General, about to be submitted.

No changes in the organization of the militia have
occurred during the year. A number of applications to
form new companies have been received, but have neces-
sarily been refused, the statutes providing for the gradual
reduction of the force to 5,000 officers and men ; there are
now on the rolls the names of 424 commissioned officers
and 6,123 enlisted men.

Uniforms have been provided, under the appropriations
of the Legislature of last year, at an expense of $85,000, for
that portion of the force which was not supplied in 1874.

The total expenditures for the militia, dnring the year
past, have amounted to $316,148.19.

No expenditures for uniforms will be needed the present
year, except for repairs and to supply the losses made in
one or two companies on account of tire in the armories,
where by law the uniforms are required to be kept.

Goyeenok's Address. 319

The great centennial celebration which is to take place
at Philadelphia during the present year will doubtless
attract thither portions, at least, of the militia of the differ-
ent States of the Union ; and it seems proper that the
Legislature shall seasonably decide to what extent the
militia of this State shall be represented.

I cannot forbear to call your attention to the large and
increasing cost of this service, now amounting in gross, as
will be seen, to about a thousand dollars for each secular
day in the year, and to recommend inquiry into its necessity
or expediency. The officers of administration appear to
discharge their duties with competency and fidelity, and it
may be necessary to examine the system itself to find the
points of retrenchment.

An official statement shows the following expenditure
during the last five years : —

In 1871,

$205,721 32

1872,

239,265 80

1873,

183,209 53

1874,

383,019 30

1875,

316,148 19

A total of

$1,327,364 14

In this amount are included the follow-
ing extraordinary expenses in the same
period : —

1871. Peabody Rifles, . $50,000 00
Reception of Rus-
sian Duke, . 5,000 00

1872. Troops at Boston

fire, . . 49,990 04

1873. Uniforms, . . 14,844 50

1874. Uniforms, . . 196,734 46

1875. Uniforms, . . 85,000 00

401,569 00

Leaving as ordinary expenses for five years, $925,795 14

and showing an average of $185,159.03 per annum.

The total expenditures of 1875 were . $316,148 19

Deduct extraordinary expenses (uniforms), 85,000 00

Leaving the current expense for the year, . $231,148 19
An excess over the average of 5 years of . 45,989 16

320 Governor's Address.

While Americans may profit by foreign example in all
its successes in the arts of peace, it appears to be needless
that we should do so in provision for war. Placed upon
a continent by ourselves, apart from the frictions and
complications of other nations or principalities with whom
we might otherwise be involved in war, there seems at
best but limited necessity that the national government
even should maintain a large and highly disciplined army.
And this exemption is still further suggested by the fact
that we are not a nation seeking military conquests, for
our domain is sufficiently ample to satisfy the most vault-
ing ambition, and we are but little exposed to possible
invasion by armed forces. The country is at present
full of veteran soldiers, prepared for any emergency that
can immediately arise ; and the study of military tactics,
and their practice in schools and colleges as part of their
teaching and discipline, will be constantly educating a
new generation in the theory and practice of manoeuvres.
These, together with the trained officers of the army and
navy who are professionally educated in the military
schools at West Point and at Annapolis , ought largely to
supply the skill in military art required in any necessity
which the country is likely to meet. But whatever it may
be expedient for the nation at large to do in the mainte-
nance of a standing army, it seems hardly possible that
the States, being sovereign only within the scope of their
own constitutions, can in the nature of things need an
expensive military force to sustain the civil authority
beyond the duties and the power of the police, and to per-
form such other duties as appertain to the militia. While,
therefore, it is right and expedient that such militia
organization as the State maintains should be suitably
equipped and otherwise provided for, it is for you to
determine whether this can be satisfactorily accomplished
by means which shall encourage the patriotism of those
who render the service, and at the same time be less
burdensome upon the public treasury.

The report of the Surgeon-General, which will be sub-
mitted to the General Court, describes the general opera-
tions of his department.

The computed sum collected for soldiers and their
dependents approximates a million of dollars.

No estimate of the amount of work performed by this
bureau can be made without an examination of its volu-
minous records.

Goveknok's Address. 321

In regiird to the militia, some sanitary recommendations
are made respecting the state encampment grounds, which
are entitled to consideration.

BUREAU OF STATISTICS.

The sixth annual report of the Bureau of the Statistics
of Labor (1875) contains in its introduction the following
sussestions and recommendations: "If it is desirable to
continue investigations regarding labor, commerce, the
industrial, social, sanitary, and educational conditions of
life in all respects, then the organic law under which the
Bureau works should be broadened, and power adequate to
its desired usefulness be given to it." The great utility of
a department of statistics is readily comprehended, and
the success of the decennial work of 1875 furnishes new
evidence of the need of a thoroughly organized depart-
ment.

The difficulty in our method in this State, at present,
arises from the existence of so many offices, each seeking
statistics of various kinds, and each making investigations
of subjects often akin in nature and resulting in twofold
work. I am led to believe that if the kindred work of
several of these bureaus were consolidated into one gen-
eral bureau of statistics, and put under one head, it would
result in increased efficiency, and considerably diminish
the expense as compared with that of separate organization.

STATE CHARITIES.

The charities of the State will merit your careful con-
sideration. The methods of treatment of pauperism,
lunacy, and crime — problems always intricate to solve —
are complicated still more by the present depression of
business and the scarcity of employment. The poor
should be dealt with justly and liberally ; but the interests
of all most imperatively demand that no more aid should
be given, nor for a longer period, than is actually neces-
sary, lest imposture be fostered, eiibrts for self-support
be weakened, and permanent pauperism ensue. It is
therefore important that the administration of public
charities should be committed, by the State and by muni-
cipalities, to discreet and experienced persons, whose
official proceedings shall be open to scrutiny. Were this
always done, no person in Massachusetts need suffer for

322 Goverxor's Address.

the necessaries of life, except from his own neglect to ask
relief. The Board of State Charities is expected to watch
all the institutions of charity and reform, and to recom-
mend all necessary and advisable changes. The numerous
and difficult duties imposed bj^ the statutes regulating
charity and reform, are administered by departments, in
which nearly all the power is legally vested, subject more
or less to the negative of the Board.

For the details of the work of the year in these depart-
ments, the condition and needs of the institutions which
the Board supervises, and its suggestions, I must refer
you to its annual report, which will be duly transmitted,
and which I am informed will recommend as a measure of
economy and reform, the consolidation of its own bureaus.

Before leaving this subject, I must call your attention
to the number of public buildings for charity, lunacy, or
correction, now or lately in process of erection or enlarge-
ment, and to the large sums already appropriated for their
construction. These are : the Lunatic Hospital at Worces-
ter, the Lunatic Hospital at Dauvers, the State Prison
at Concord, the Woman's Prison at Sherborn, the State
Reform School at Westlwrough, and the Lunatic Hospital
at Taunton, the last alone being completed. The tirst
four are to.be entirely new structures, in new locations,
and the Reform School is an enlargement. The contracts
for these structures have been made, and the work upon
most or all of them is so far advanced that they will i)rob-
ably be ready for occupancy during the present and the
following year. The money thus far appropriated for
them amounts to $3,200,000, and if completed according
to present designs, with the necessary equipment, some of
them will require additional appropriations of considerable
amount. Their cost will l)e nearly twice as much as the
whole state tax of 1875, and I am told approximates the
value of all the buildings of our present state institutions
for similar purposes. The necessity for this great outlay,
if not a surprise to the public, seems to imply the sudden
flow into the State of a mass of insanity and crime which
demands investigation, and its cause a remedy.

INSANITY.

The increase of insanit}', and the best means of its pre-
vention, and for the treatment and cure of those suffering
from this painful aflliction, are attracting a larger share of

Governor's Address. 323

public interest, and merit the most careful investigation
and the most effective measures. It appears by the report
of the special Commissioners of Lunacy, submitted to the
Legislature in January last, that the number of insane
persons in this Commonwealth now reaches nearly or quite
four thousand ; and that this malady is increasing in a
ratio greater than that of our population by nearly twelve
per cent., is shown by the statistics of the twenty years,
from 1850 to 1870 ; this increase also is larger in the
foreign element of our population than in the native born.
Among the causes assigned for this increase in the former,
are the change in climate, different habits of life, intem-
perate indulgences, disappointments, badly-ventilated ten-
ements, and, in general, the influences which impair the
health and fret the mind of the immigrant. Among: the
latter class are the educational pressure upon the young
to the neglect of physical exercise, artificial and unnatural
habits of living, the excitement and competition of busi-
ness, and whatever causes multiply nervous diseases,
especially those of the brain, which result in mental
derangement. This may be only a partial enumeration ;
but we have the cheering assurance that the causes of
insanity, though more complicated than those of some
other diseases, can be understood and controlled; and
that instead of being a necessary incident of true civiliza-
tion, insanity proceeds from its artificial developments,
and that it grows largely out of a violation of physical,
mental, and moral laws. Amons; the measures suffgested
as preventive and remedial agencies, are the dissemina-
tion of popular information respecting the causes of
insanity, by which the common people, and especially
those who have hereditary or artificial tendencies thereto,
may be put on their guard against it; a different classifi-
cation of the insane in asylums and infirmaries, by which
the different types of the malady shall as little as possible
aggravate each other ; that as few restraints shall be
imposed upon patients as is consistent with safety ; that
greater freedom of communication with friends, and a
closer guardianship of personal rights in commitment and
discharge shall be instituted ; and that some general and
independent supervision shall be established by which
local defects of administration may be remedied, informa-
tion diffused, and something like uniformity secured upon
plans which embody the best results of science and expe-

324 Govekxor's Addeess.

rience. I commend the whole subject to yoiii- careful and
intelligent consideration.

WOMAN SUFFRAGE.

The active discussion during recent years, and especially
in this country, respecting the political and social rights of
disfranchised classes of men, resulting in the establish-
ment of political equalit}^ has extended also to the con-
sideration of the corresponding rights of women, and has
assumed such measure of public recognition as to demand
the thoughtful attention both of students of social science
and of legislators. That the enfranchisement of women
would work a most important change in the structure of
society, and introduce a radical and elemental force into
the theory and practice of our politics, is instantly appa-
rent. The argument in its favor is presented both on
grounds of justice and of expediency, and is sustained by
citing examples where partial trials have been made in
some of the interior or frontier States of the Union, and
by the competent service and salutary influence of women
in public stations to which they have been elected without
thiB suffrage of their own sex. It is perhaps natural that
the majority of both sexes should still cling to the hope
of the continuance of woman in that exalted sphere of
domestic and social refinement where her influence has
hitherto been more potential than numbers, and more
coercive than law. There is also an excusable, if not a
commendable, conservatism which moves slowly towards
a change in the organism of society and of government,
the measure of whose consequences cannot be fairly de-
duced in anticipation of actual experience. It is claimed
by the friends of woman suflrage that something more
than constructive representation is the right of all the
sul)jects of taxation, and that therefore they should have
the right to a voice at the polls, and that those who are
eligible to hold particular oflices should participate in the
elections thereto. Under our State Constitution, male
persons only, of full age, having certain other qualifica-
tions, arc competent to vote for its legislative and execu-
tive officers ; and the statutes and the decisions of the
courts in regard to suflrage and eligibility to minor offices,
for the most part accord with the constitutional restriction.
It is claimed, however, that iho. first section of the second

Governor's Address. 325

article of the Federal Constitution, which provides that
the President shall be voted for by electors chosen l)y the
several States in such manner as their Legislatures may
direct, affords an opportunity to enlarge the basis of suf-
frage without the violation of constitutional provision ;
and it is quite possible that application may be made to
you for such legislation as shall include woman in that
suffrage.

LIQUOR SELLING.

The last quarter of a century has been notable for the
discussion of the subject of intemperance, and for the
efforts to suppress this great vice by different forms of
legislation. It is too late to render necessary any argu-
ment or demonstration of the evils of promiscuous dram-
selling and drunkenness. These are well-nigh universally
admitted, and to a degree that exhibits them as the great-
est source of poverty, of crime, and of domestic unhappi-
ness with which society is afflicted ; so that it is not only
the duty of the Legislature, but the interest of the people,
to adopt such means and measures as shall diminish or ex-
tirpate the evils of intoxication. Moreover, this is not
only a question of morals, but it has important relations
also to the industrial and economic interest of the State.
Nor would it be wise or true to conclude that public opin-
ion has become more tolerant of the evils of drunkenness,
in consequence of the comparative failure of past discus-
sion and legislation to diminish them. The people of
Massachusetts, by a Inrge majority, are no doubt strongly
in favor of the utmost suppression of intemperance ; and
it is the duty of the law-makers to adopt such measures as
the well-being of society demands on this as on other sub-
jects. The vital question, therefore, is narrowed down to
means, rather than to objects of desire, or to questions of
fact or of principle. It may be that some of the difficulty
in dealing successfully with this subject hitherto has arisen
from the neglect or indisposition to recognize this distinc-
tion in its discussion. There is often the greatest difficulty
in preserving perfect harmony of relations between deduc-
tions from an abstract principle and the remedial agencies
necessary to accomplish practical results ; but this does not
relieve the individual in society, nor the government, from
dealing with crimes as positive and tangible evils, to be
remedied by measures which are found to be most just,

326 Goveknor's Address.

most practicable, and most efFective. After years of un-
satisfactory trial of prohibitory legislation, — unsatisfactory
according to the testimony of those who made and
approved such laws, and who were intrusted with their
execution, — the Legislature of last year passed an Act
looking to the regulation of the sale of spirituous liquors,
rather than to its entire prohibition ; and the public desire
seems to be that this law shall have a fair and impartial
test before it is supplanted. If such a trial shall result in
showing its greater efiectiveness in suppressing intemper-
ance, all good people will rejoice in that success ; and if
upon trial it shall prove a failure, that result may demon-
strate the uselessuess of license as a means of correcting
this great public evil. The clamor of those who drag the
destiny of this noble and beneficent virtue into the arena
of party politics, and find no language in which to discuss
it, but that of passionate appeal and personal villification,
should neither dissuade nor intimidate its honest advocates
from such a demonstrative trial of this law ; because that
form of discussion flows from individual characteristics
Avhich are inherent, and which find vent in indiscriminate
denunciation of men and of measures. You may read in an
annual address of one of my most recent and most con-
~ scientious predecessors, who was both the advocate and
the executive of a prohibitory law, the following language.
Governor Washburn said in 1874 : " Vehement and
vituperative censure and condemnation, not only by lay-
men, but also by ministers of the gospel of peace, have
been heaped upon the chief constable, the police com-
missioners, and the Executive, because the law is not
thoroughly enforced. . . . Surely nothing short of
Omnipcjtence could accomplish what has not unfrequently
been demanded at his (the Executive's) hands." Still
more recent examples will perhaps occur to you as evidence
that this spirit has not yet wholly yielded to the admonitions
of truth, the influences of Christian courtesy, nor to the
decency which becomes good manners.

Moreover, I think it will be seen upon examination that
the Act of last year was i)robably intended to be largely
prohibitory in its provisions. In the first place, it ex-
pressly declares that nothing in it shall be so construed,
as to require the mayor and aldermen of a city, or the
selectmen of a town, to grant licenses. Every city and
town, therefore, has the right and the opportunity secured

Governor's Address. 327

to it, to forbid tiltogether the sale of intoxicating liquors
within its limits ; and in this particular, and in others, the
present law seems to involve the principles and measures
which the most advanced temperance men in Great Britain
are seeking to carry out in tliat country. Further, to
those to whom licenses have been granted under this law,
it is forbidden, under the penalties of forfeiture of license,
fine, and imprisonment, —

1st. To sell intoxicating liquors between the hours of
twelve at night and six in the morning, or during the
Lord's day, excepting in the case of licensed innholders,
who may supply guests in their houses ;

2d. To sell liquor, except such as is of good standard,
and free from adulteration ;

3d. To sell or deliver liquor to a person known to be a
drunkard, or to an intoxicated person, or to a minor ;

4th. To allow any disorderly conduct, immorality, or
gambling on the premises described in the license ;

5th. To sell at a public bar.

The Act took effect on the first day of May last, and
the issue of licenses under it commenced then, or four
weeks later. It is less than eight months, therefore, since
it went into actual operation. It had much to contend
with, in the outset, from the comparatively unrestricted
traffic in liquors for a long period, in the larger communi-
ties, and from the opposition of many in the trade, who
l)elieved that their profits would be diminished or destroyed
by its limitations. It has had to be tested by the courts ;
its constitutionality has only lately been declared ; and
appeals which have been taken from convictions under it
in the lower courts, have only in part been reached in the
courts above. It is probably defective, perhaps contra-
dictory, in some of its details, and undoubtedly it is
capable of much improvement.

After somewhat diligent inquiry, I have not been able
to obtain full and reliable information respecting its opera-
tion and probable effectiveness. A few weeks since, how-
ever, the Board of License Commissioners, established
under this Act in the. city of Boston, submitted its first
report to the mayor and city council, covering a period of
six months, from which the following is an extract : —

"Tlie commissioners do not hesitate to say that, in their judgment,
the law should be changed in many respects ; and their observation
leads them to believe that those changes would secure for it such a

32S Governor's Address.

degree of favor and respect, with dealers and with the public, as to
lead eventually to a satisfactory result. !M;xny of the pi'ovisions of
the present law are salutary, and, Avhen wi(l(;ly known and under-
stood, will undoubtedly be availed of, as a protection to their business,
by the parties most deeply interested. . . .

" We are satisfied, however, that under its operation something has
been gained ; — there is a laio recognized, and to some reasonable
extent enforced, — a law which, without doubt, has in its general
principles the sym])atliy and support of a large and respectable class
of the dealers in liquor, as well as of the community in general.
There is likewise an acknowledged decrease in the sale of intoxi-
cating liquors ; for it is undeniable that the vigilant inspection main-
tained l)y the police has materially reduced the quantity sold, and
that many persons have in consequence been compelled to abandon
the business. The percentage may perhaps be relatively small, but
it is a step forward in the riglit direction. An investigation and
report from the chief of police shows that the number of places where
liquor was sold was o,()!»0 in December, 187-i, against 2,483 on the
17th of September, 187y."

The Mayor of Boston, in his Address to the City
Council on Monday last, said : —

" The number of jilaccs in which sjjirituous liquor is sold in this city
is less by nearly seven hundred than it was under the former system,
and the number of arrests for drunkenness has been less bj- about
twenty \)qy cent, than it was in the same length of time last year."

I rco;ard the testimony which thus reaches us from the
chief city of the Commonwealth, as worthy of the most
candid consideration. For it is well to remember that it
always has been, and always will be, found most dilBcult
to apply legislative restraint to this traffic, in the large
centres of population, whatever the precise character of
this restraint may be. On the other hand, in sparsely-
settled and agricultural districts, almost any measure of
repression approved by the more intelligent and virtuous
citizens of the neighborhood, can be enforced. It is evi-
dent, then, that an}^ law proposing to deal effectively with
the liquor traffic, must be framed with special reference to
the probable difficulties to l)e encountered by it in the
cities, to which, it should also be remembered, popidation
is tending more and more ; and the practicability and
efficiency of such a law in the Commonwealth, as a whole,
must be measured by the possibility of its enforcement
with greater or less success in the cities. If it prove a
failure in them, the compensation afforded l)y its partial
or complete success elsewhere will hardly be sufficient to
justify it as wise and safe legislation for the entire Com-
monwealth.

Goveenok's Address. 329

Could all the friends of this reform agree to dismiss
their prejudices in respect to names and titles, and unite
upon some rational methods of discussion and effort, the
result would no doubt be most efficacious, and conducive
to the best good of society in this direction.

As the session advances, and further information reaches
me from different parts of the State, I may have occasion
to communicate again with the Legislature on this sul)ject.
The chief defect of the law of 1875, as it now stands,
appears to be that it fails in the means of dealing promptly
and energetically with those who persist in selling liquors
without the required license. To enable the authorities to
suppress the traffic which is carried on outside of the law,
and in defiance of its provisions, it appears to be neces-
sary that the right should be given them to enter upon the
premises of suspected persons, and to seize such evidences
of the illegal traffic as can be found, and to use the same
against oflenders in the courts, as is provided in Acts of
1869, chapter 415, section 44 and following, or some
equivalent powers, with adaptations suited to the present
case. Those who sell under license are liable to visitation
from the officers of the law ; and those who refuse to take
out licenses, or to whom licenses have been refused, or
from whom they have been withdrawn, should be, at least,
equally subject to search and seizure. This would be
only just to the licensed sellers ; and it is necessary for
the protection of those communities which decide that this
traffic shall not be licensed at all within their limits.

It may also be found that additional judicial provisions
are necessary for bringing to speedy trial the cases arising
under this law.

EDUCATION.

No presentation of the subjects of primary interest to
the people of Massachusetts would be complete that did
not give prominence to the facilities afforded for the edu-
cation of children and youth. Our system of free schools
dates back to colonial times, and has been constantly and
vigorously sustained, not only as an instrument of social
progress, but as one of the bulwarks of liberty. A free
State and popular education are so far correlative that the
former is imperilled wherever the latter is neglected. The
principles involved, and the objects to be sought, in a
system of education, are strikingly presented in the lan-
guage of our State Constitution, which says : —
42

330 Goverxor's Address.

"Wisdom and knowledge, as well as virtue, diffused generally
among the body of the people, being necessary for the pi-eservation
of their rights and liberties ; and as these depend on spreading the
opportunities and advantages of education in the various parts of the
country, and among the diflferent orders of the people, it shall be the
dut}' 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 University 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, manu-
factures, and a natural history of the country ; to countenance and
inculcate the principles of humanity and general benevolence, public
and private charity, industry and frugality, honesty and punctuality
in their dealings, sincerit}', good-humor, and all social alfections and
generous sentiments among the people."

This comprehensive and exhaustive statement shows
that the object of the education which the State shall
foster is not simply the acquisition of knowledge, but also
the development of character, and that these two com-
bined shall be used in the development of society and in
promoting the virtues and happiness of the community.
To all that has heretofore been said in advocacy of our
schools and colleges, and to all that has been written in
commendation and healthy criticism of their merits and
success, may be added new testimony from the results of
the year just closed. The laws respecting the mainte-
nance of schools of the different grades have generally
been complied with, and a generous emulation exists
among the towns and institutions for honorable prece-
dence. The estimated sum of seven millions of dollars,
raised by taxation, or from funds, or expended l)y private
individuals, in educating more than three hundred and
twenty thousand pupils in public and private schools,
attest the universal concurrence in the value and necessity
of this a«:encv in sustainini^ the standard of civilization to
which our citizens aspire. As the wants of the people
multiply, and the means of supplying them and of super-
adding the objects of taste and luxury are increased, the
arts and industries will be amplified and perfected, and
fresh demands will be presented for greater skill in their
productions. No branch of education is now receiving
more attention, or rising faster in importance, than what
is termed art-education ; and there is none which has
closer relation to the industrial prosperity of the State and
to the waives of labor.

Governok's Address. 331

Drawing and art schools are the new features of educa-
tion among all the progressive nations of Europe, and the
increase in economic value of their technical products may
be measured in good degree by the extent to which these
agencies have been established.

If it be true, as the governments of the Old World seem
to have concluded, that national supremacy will henceforth
be determined less by the strength of arms than by their
industrial success, the future of our own country will depend
much upon our ability to meet the competition of the world.
France furnishes a striking example in point. Profiting
by the experience of England, which, fourteen years ago,
had distanced her in material prosperity through the
establishment of art-schools, France established similar
institutions with even greater success ; and in the applica-
tion of the resulting taste and skill to her industry, may
be found one of the main sources of that vast wealth which
enabled her lately to assume, without injury to her credit,
a national debt almost unequalled in magnitude, and,
though defeated, to come out of costly and desolating
wars with scarcely a shock to her prosperity, and scarcely
a cloud upon the proverbial gayety of her people.

Massachusetts has taken the lead in this country in this
department of education. In 1870, drawing, as a branch
of study, was established in the public schools by legislative
authority ; but it was found, after brief experience, that to
render it successful, a school for training teachers of draw-
ing was a positive necessity, — a normal art-school for
industrial drawing such as the most prosperous n\anufact-
uring countries in Europe had established ; and, 1873,
such a school was authorized and established on a scale
scarcely more extensive than was necessary to try the
experiment. The number of students at present in attend-
ance exceeds three hundred ; and during the three years
since the school was opened, the total number who have
received instruction is six hundred and seventy-nine, and
yet nearly half as many more have been refused admission
because of lack of room. I trust that at no distant day
we may have a building, suitable in size and location for
this institution, which seems to be one of the pressing
necessities of the State, if we w^ould retain the leadership
in this important branch of education, and secure to
our manifold industries the advantages which will flow
from it.

332 Goveenor's Address.

The State Director of Art-Education sa3^5 : —

" In my opinion, as a student and tliinker on this suhjcct, the Mas-
sachusetts Normal Art-School, in a commodious building erected for
the purjjose, is essential to the existence of good industrial art in the
State ; and if so placed, would entirely change the character of the
industries of the whole country. From it, as a fountain-head, would
issue sound principles in design, — the agency for instruction in indus-
trial art of every kind ; and its influence would change by increasing
the value of every piece of goods made in the mills of INIassachusetts,
and finally infuse taste into the handicraft of every mechanic in the
United States."

The " School Question," as it is termed, -^'hich is exciting
interest, and disturbing the peace of some other States and
localities, is substaiitially at rest here under the amend-
ment to Article 18 of our State Constitution, which pro-
vides that, —

" All moneys raised by taxation in the towns and cities for the sup-
l^ort of public schools, and all moneys which may be appropriated by
the State for the support of common schools, shall be applied to and
expended in no otlier schools than those which are conducted accord-
ing 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 appropriated to any religious sect for the
maintenance exclusively of its own schools."

A NEW SCIENTIFIC SURVEY OF THE STATE.

The American Academy of Arts and Sciences addressed
a memorial to the Legislature of 1874, asking for a new
and thorongh scientific survey of the State. It is now
more than forty years since i\Iassachusetts began a survey
of its territory, the results of which were published in a
series of reports upon the geology, zoology, and botany of
the State, with a map and geological chart.

The memorial of the Academy was referred to the Board
of Education, to be considered and reported on at the next
session. The Board reported favorably, and further
memorials on the subject came to the Legislature last
winter from the Essex Institute and the Boston Society of
Natiu-al History. A bill was reported by the Committee
on Education, sid)stantially in accordance with the views
set forth by these learned societies, and passed one branch
of the Legislature, but, for some reason, it failed to become
a law. I would refer the whole subject to you for renewed
consideration, and for such favorable action as the interest
and importance attaching to it seem to require.

Governor's Address. 333

HENRY WILSON.

Standing in this place, so lately shrouded with the
emblems of mourning for one of the most illustrious sons
of Massachusetts, who was borne to his grave with national
honors, and with every manifestation of public and private
sorrow, it is not too late to prolong the tribute of affection
and respect which is associated with the name of Henry
Wilson. His life was a true exemplification of American
citizenship, and it will be a perpetual invitation to the
youth of the country to follow that path of industry and
rectitude which promises all to which their ambition can
worthily aspire. No illustrious ancestry heralded his ad-
vent ; no favoring fortune surrounded his childhood ; no
social auxiliaries strengthened the career of his early man-
hood. He was born brave ; he loved the right and trusted
in it, while he met the difficulties which beset him as the oak
meets the storm, only to be more firmly rooted, and to
spread its life more and more outward and upward.

He gave his strength to his country and to mankind.
He fought manfully the battle of life, and, with more than
Spartan celebrity, was borne upon his battered shield into
the Capitol of the Nation, that he might die in the very
sanctuary of Freedom. His spirit has joined the noble
army of saints and martyrs in the heavens, and his name
will live on earth in memories that are alike grateful and
immortal.

Nor can j'^ou or I forget, that, even now, the earth is
receiving to its bosom the remains of a past chief magis-
trate of the Commonwealth, who embodied in his character,
and exemplified in his life, all that we recognize as highest
and noblest in the name of Christian and scholar, states-
man, gentleman, and friend.

THE CENTENNIAL EXHIBITION.

The most interestingi: event in America durinsr the cur-
rent year will undoubtedly be the great Exhibition of the
products of the industry of all nations, at Philadelphia.
In nothing is the progress of the world so measured and
exemplified as in the development of the arts, and in the
application of science thereto. And perhaps there is no
moving tendency more salutary and effective than the
commingling of different nationalities in the competition
for supremacy in those material results which inure to the

334 Goveknoe's Address.

wealth, the comfort, and the happiness of mankind. Such
exhibitions as that in contemphition are known to have
stimulated all kinds of industry in European countries ;
and, besides the benefit to be derived by our capitalists
and workmen, it is worthy of a great and progressive
nation that the centennial anniversary of its birth shall be
commemorated by the triumphs of peace, rather than by
the loud and fiery clangor of war.

Modern discoveries applied to the purposes of locomo-
tion and electric communication have realized to us the
common brotherhood of men, and the substantial unity
of all nations, in the most comprehensive aspect of human
interest. Mountains and oceans are now but ridges and
ferries on the lines of communication, and the once meas-
ureless continent is but a ribbon of earth, over which the
message flies with the velocity of thought. Nature has
sufiiciently diversified industry by the varied gifts of soil,
climate, and mineral deposit, to make their culture, fab-
rication, and exchange the profitable employment of men.
While each nationality has been for years, perhaps for a
century, pursuing its own line of discovery and applica-
tion, what can be more beneficial and more instructive
than that all shall come tosjether at last for an interchanore
of thought, as well as of merchandise ; to rub ofi" the
asperities and jealousies which distance and separation
engender, and to cultivate those friendly sentiments and
that mutual esteem which may precede the beating of
swords into ploughshares and of spears into pruning-
hooks !

The response to the call of our national government to
join in this international display has ))een so general, that
we may expect one of the most valuable and important
collections of the objects of utility and beauty that has
ever been gathered. The Legislature of last year appro-
priated the sum of fifty thousand dollars for the purpose
of " securing at the Exhibition at Philadelphia a due rep-
resentation of the difiercnt arts, industries, and institu-
tions of this Commonwealth " ; and in pursuance thereof,
the Governor and Council appointed three commissioners,
or agents, to carry out the objects of the appropriation.
This sum, perhaps, exhibits the extent to which the Legis-
lature trusted in the pride and patriotism of the people of
the Commonwealth, to enter l)y voluntary ell'ort and con-
tribution into such a representation as should be worthy

Goveenor's Address. ' 335

of their .ittainmcnts and of their renown. The Commis-
sioners al)ovc referred to have been assiduous in the use
of the means phiced j^t their command ; and those ap-
pointed by the national government have also made
encouraging progress in securing the cooperation of manu-
foctnrers, mechanics, and inventors, to prepare and for-
ward specimens of their skill and handicraft.

The educational institutions of the State are preparing
a thorough exhibit of their phm of operations, and I trust
that the facilities for training the young for the service of
life, by means of primary, high, normal, and industrial
schools, academies, institutes, and colleges, will be com-
pletely represented. It is especially desired that the
organization of Massachusetts as a State should be accu-
rately reported upon at this time in her history ; and I
would urge upon the officers having charge of the various
departments of her civil economy, to prepare the most
thorough and elaborate illustrations of what the State has
done and is doing, and the theory and plans upon which
her efforts in this direction have been based.

I need hardly remind you. Senators and Representatives,
that above and beyond the gathered industries of all
nations and of every clime, there will be one suggestive
and transcendent contribution to this grandest of Exhil)i-
tions, — one element which surpasses the inventor's cun-
ning and the craftsman's skill, and which we gladly believe
will survive when all the material monuments of human
greatness have crumbled into dust or moulded into decay :
it is the life of this Republic ; new-born every hour in the
affections of the American people, — strengthened and de-
fended by increasing millions scattered over the acres of
our vast domain, the inspiration of our patriotism, — let it
be also the sustaining hope of freedom and progress
throughout the world.

336 Special Messages.

SPECIAL MESSAGES.

THE FOLLOWING SPECIAL COMMUNICATIONS WERE MADE BY HIS

EXCELLENCY THE GOVERNOR, TO THE LEGISLATURE,

DURING THE ANNUAL SESSION.

BY HIS EXCELLENCY, AVILLIAM GASTOX, GOVERNOR.

[To the Senate and House of Representatives, January 5.]

It becomes my painful duty to aunounce to the Legisla-
ture the death of ex-Governor John H. Clifibrd, which
occurred at New Bedford on the second day of the present
month. The funeral service will be performed to-morrow.

I respectfully recommend the Legislature, by some
appropriate action, to express their high appreciation of
the great personal merit, and of the able and distinguished
public service of that eminent citizen, their profound sense
of the loss which the State and the country have sustained
by his death, and their great respect for his character and
memory.

BY HIS EXCELLENCY, WILLIAM GASTON, GOVERNOR.

[To the Senate and House of Representatives, January 5.]

I respectfully transmit herewith the generous offer made
by the "Old South Society " to the Commonwealth, of
the free use of their new meeting-house for the purposes
therein mentioned.

[To the Senate, January 10.]

I have the mournful duty of communicating to the Gen-
eral Court tidings of the death of a distinguished citizen of
Massachusetts, Dr. Samuel G. Howe of Boston, for nearly
half a century connected most prominently with the char-
itable and educational institutions of the Commonwealth.

The services rendered by Dr. IIowo to ^rassachusctts,
to the United States, and to the whole world b}' his early,
energetic and long continued labors to educate the blind

Special Messages. 337

and the deaf, to reform the discipline of prisons, to in-
struct the idiotic and to ameliorate the condition of the
insane, and of the unfortunate of all classes, merit the
recognition which they have received in years past, and
call for some public tribute to his memory, now that his
long and noble career of philanthropy has closed.

At the time of his death he was still at the head of the
Massachusetts Asylum for the Blind, of which he was the
founder, and for more than forty years the Director. I
am informed that his funeral rites will be performed there,
in presence of the pupils whom his skill has instructed,
and of whom, at his suggestion, this Commonwealth has
long been the beneficent patron.

1 leave to the wisdom of the General Court the adop-
tion of such measures as may testify the sorrow which the
people of Massachusetts feel at the death of a philanthro-
pist so illustrious, and a public servant so faithful in his
high vocation.

[To the House of Representatives, January 13.]
I have the honor herewith to transmit for the informa-
tion and use of the General Court, the Annual Keport for
1875 of the Surgeon-General of the Commonwealth ; the
Commissioners of Inland Fisheries ; the Commissioners of
Prisons ; and the Chief Detective of the Commonwealth.

[To the Senate, January 24.]

I have the honor herewith to lay before the General
Court the last Annual Report of the Trustees of the Massa-
chusetts Agricultural College, and the Report of Pardons
granted by the Governor and Council during the year
1875, left with me for transmission by my predecessor.

BY HIS EXCELLENCY, WILLIAM GASTON, GOVERNOR.

[To the Senate and House of Representatives, January 6.]

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 1875, and to Jan-
uary 6, 1876. Of the eighty-four convicts thus set at
liberty, eighty-two were pardoned in 1875 ; twenty-seven
were in the state prison ; tifly-four in houses of correction ;
two in workhouses ; and one in jail. In twenty cases,
sickness was the controlling reason for granting the par-
don, and in six of these cases it has been ascertained that

338 Special Messages.

death took place shortly after release. Four prisoners
were pardoned on account of insanity.

No. 1. Frank Judge. Convicted of assault and
battery : Superior Court, Suftblk County, July term,
1874. Sentenced to one year and six months in house
of correction. Pardon granted January 11, 1875, on
petition of Hon. Hannibal Hamlin, Hon. Samuel F.
Hersey, Hon. Charles W. Roberts, Hon. Charles Hamlin,
Hon. William H. McCrillis, and many other prominent
citizens of Bangor, Me. The prison physician also urged
a pardon, and certified that the prisoner was in the last
stages of consumption, and could not live many days.
The prisoner was taken by his father to his home in
Maine, where he died a short time after his removal.

No. 2. Chaeles Campbell. Convicted of robbery:
Superior Court, Suffolk County, October term, 1873.
Sentenced to ten years in the state prisoji. Pardon
granted January 14, 1875, on the recounuendation of the
warden. Councillor AVhitney, who visited him, and the
prison physician, who certified that he was in a very weak
condition, and could not live many days. He died soon
after leaving the prison.

No. 3. Herman F. Asiiton. Convicted of breaking
and entering : Superior Court, Essex County, October 30,
1873. Sentenced to two years in the house of correction.
Pardon granted January 27, 1875, for the reason that the
prisoner had become insane, and had been transferred to
the Taunton Lunatic Hos[)ital. His uncle, Henry AV.
Payne, of L^^nn, promised to receive and care for him.

No. 4. Perry P. Elkixs, Convicted of larceny :
Police Court, Lowell, May 22, 1874. Sentenced to
house of correction for one year. Pardon granted Jan-
uary 28, 1875, on petition of the selectmen and promi-
nent citizens of Thornton, N. H., where Elkhis' family
lived. It appeared that his father was an old man, more
than seventy years of age, and his mother was totally
blind, so that they were entirely dependent upon the
prisoner for support. The prisoner had always borne a
good moral character, and was considered an honest and
industrious man. Pardon was recommended by the judge
who imposed sentence, and by the city niarsh;il of Lowell,
who was the prosecutinu' oflicer. Hon. Tap}>an Wentworth,
of Lowell, agreed to conduct him ininiediately to his for-
mer home in New Hampshire.

Special Messages. 339

No. 5. William P. Steinman. Convicted of setting
fire to a house : Judge George M. Brooks, Trial Justice of
Juvenile Oifenders, Middlesex County, October 23, 1874.
Sentenced to one year in the Cambridge workhouse.
Pardon granted February 3, 1875, on the recommenda-
tion of Col. Gardiner Tufts, visithig agent of the
board of state charities. It appeared that the prisoner
was but eleven years old, and that he and another boy
were playing with paper and matches. They put paper
in the conductor of the house, and then set it on fire to
see the smoke go out at the top. The offence was purely
technical. The judge would not have committed the boy
had he not misunderstood the mother to say that she
wished him sent to the workhouse. The boy had a good
home, where he would be properly cared for.

No. 6. Michael Casey. Convicted of breaking and
entering: Judge George M. Brooks, Trial Justice of
Juvenile Offenders, Middlesex County, June 26, 1874.
Sentenced to one year in the Cambridge workhouse.
Pardon granted February 4, 1875, on the recommenda-
tion of Col. Gardiner Tufts, visiting agent of the board of
state charities. Judge Brooks, the mayor of Cambridge,
and the keeper of the workhouse. It appeared that he
had a respectable home, and had never before been guilty
of any criminal offence.

No. 7. Dennis Flynn. Convicted of robbery: Su-
perior Court, Suffolk County, July term, 1872. Sen-
tenced to four years in the state prison. Pardon granted
February 7, 1875, for the reason that the prisoner was in
the last stages of consumption, and in the 'opinion of the
prison physician, and of a member of the council who
visited him, could live but a short time. He died shortly
after his release.

No. 8. Daniel Kennealy. Convicted of assault :
Superior Court, Suffolk County, January term, 1874.
Sentenced to six months in the house of correction.
Pardon granted February 17, 1875, on the certificate of
the physician to the house of correction that " he is con-
fined to his bed with consumption, and his only hope of
prolonged life lies in a removal from the depressing in-
fluences of prison life." Councillor Couch, who visited
the prisoner, concurred in the above opinion of the physi-
cian.

340 Special Messages.

No. 9. George Caldavell. Convicted of larceny:
Superior Court, SuiFolk County, November term, 1873.
Sentenced to two years in house of correction. Pardon
granted March 5, 1875, for the reason that the prosecu-
ting officer testified that if at the time of the trial he had
been in possession of facts which have since come to his
knowledge, he should have moved either for a suspension
of sentence or for a much shorter term. It also appeared
that the prisoner's former employer, who was the only
sufferer from his crime, asked for his pardon, and offered
to employ him again.

No. 10. Thomas M. Hillman. Convicted of adultery
on two indictments : Superior Court, Dukes County,
May 27, 1873. Sentenced to three years in Bristol
County house of correction. Pardon granted March 12,
1875, on petition of Hon. Joseph T. Pease, Hon. Charles
Bradley, Captain S. L. Norton, chairman county com-
missioners, C. B. Marchant, Esq., collector of customs,
several ex-representatives, and many other prominent
citizens of Dukes County. It was the opinion of the
district attorney that Hillman had been sufficiently pun-
ished, and that his pardon would prejudice no public in-
terest. It appeared that the prisoner was more than sixty
years of age, had always borne a good character, and held
positions of trust and honor. The jirison physician certi-
fied that he was in feeble health, aud could not be per-
manently better while confined in prison.

No. 11. John White. Convicted of larceny: Su-
perior Court, Bristol County, June 13, 1873. Sentenced
to two years in the house of correction. Pardon granted
March 16, 1875, because the prison physician certified
that the prisoner was sick and rapidly fiiiling with con-
sumption ; that the chance of his living till the expiration
of his sentence was not good. The district attorney sug-
gested that "a summary exercise of executive clemency
may be humane and consistent with the public interest."
The prisoner's father took him to his home, where he
would receive good care and nursing. He died about two
months after his release.

No. 12. William AYalkek. Convicted of having in
. . . . ~

his possession counterfeit money, with intent to pass the

same: Municipal Court, Boston, July term, 1851. Sen-
tenced to three years in state prison. Pardon granted by
the advice of attorney general, in accordance Avith prece-

Special Messages. 341

dent, at the request of the district attorney of New York
City and County, in order that he might be a competent
witness against certain persons who had been indicted for
forgery in New York. The object of the pardon was only
to make him a competent witness ; he had served out his
sentence many years ago!

No. 13. Henry W. Foley. Convicted of keeping a
gaming nuisance : Superior Court, Suffolk County, De-
cember 18, 1874. Sentenced to six months in house ot
correction. Pardon granted on the petition of Hon.
Hugh J. Toland, James J. Flynn, Esq., J. H. Bradley,
Esq., J. W. Coveney, Esq., and others. It appeared
that he was indicted upon evidence given by him in a case
of assault that occurred on his premises, and thus an
unusual if not an unfair advantage was taken of him. He
was also indicted some weeks after he had abandoned the
place and business. The assistant district attorney, who
prosecuted the case, said that when he was called up for
sentence he expected that a fine would be imposed upon
him, instead of the unusual penalty (for a first offence)
of imprisonment for six months. Numerous and influen-
tial friends of the prisoner promised to encourage him to
lead a better life.

No. 14. Frank H. Eogers. Convicted of keeping a
gaming nuisance : Superior Court, Suffolk County, De-
cember 18, 1874. Sentenced to six months in house ot
correction. Pardon granted on the petition of Hon.
Hugh J. Toland, James J. Flynn, Esq., J. H. Bradley, ^
Esq., J. W. Coveney, Esq., and others. It appeared that
he was indicted upon evidence given by him in a case of
assault that occurred on his premises, and thus an unusual
if not an unfair advantage was taken of him. He was
also indicted some weeks after he had abandoned the
place and business. The assistant district attorney, who
prosecuted the case, said that when he was called up for
sentence, he expected that a fine would be imposed upon
him, instead of the unusual penalty (for a first offence)
of imprisonment for six months. Numerous and influen-
tial friends of the prisoner promised to encourage him to
lead a better life.

No. 15. Carl O. Armberg. Convicted of larceny in
a building : Superior Court, Plymouth County, February
term, 1875. Sentenced to two years in house of correc-
tion. Pardon granted March 31, 1875, on petition of

342 Special Messages.

Hon. Charles G. Davis, the clerk of courts, register of
deeds, the sheriff and several deputies of PlyuKJuth
County, beside other well known citizens of Plymouth.
It appeared that the prisoner was a Swede, and knew but
little if anything of the English language. He did not
comprehend the doings of the Court, was without counsel,
the evidence on which he was convicted was very weak,
and he would probably have been acquitted or have
received a lighter sentence under other circumstances.
He was at once given employment by F. Jones & Co. , shoe
manufacturers, of Plymouth.

No. 16. Thomas McGee. Convicted of keeping a
liquor nuisance : Superior Court, Bristol County, March
23, 1875. Sentenced to house of correction for three
months. Pardon granted March 31, 1875, on the petition
of Mayor Davenport, Judge Lapham, William Carroll,
Milton Reed, Nicholas Hathawa}^, Esqrs., and other prom-
inent citizens of Fall River, for the reason that the pris-
oner had abandoned the business of selling liquor more
than a year previous to his conviction ; the district attor-
ney said that if the facts which had since been made
knoAvn to him had been known at the time of the trial, he
should not have moved for sentence. Pardoned on con-
dition that the fine imposed and costs of prosecution were
paid.

No. 17. Thomas Haley. Convicted of keeping a
liquor nuisance : Superior Court, Bristol County, ]\Iarch
23, 1875. Sentenced to twenty days in house of correc-
tion. Pardon granted April 1, 1875, on petition of the
mayor and several other prominent citizens of Fall River.
The district attorney also recommended a pardon. The
prisoner was seventy-seven years of age, in feeble health,
had always borne a good character, and had given up the
business of liquor-selling some time before his conviction.
Pardoned on condition that the fine and costs of prosecu-
tion were paid.

No. 18. Michael Glynn. Convicted of larceny:
Central District Court of Worcester County, March 18,
1874. Sentenced to six months in house of correction.
Pardon granted April 3, 1875, because the prisoner was
shown to be innocent of the offence with which he was
charged. Thi; judge who imposed sentence, the prosecu-
ting oiKcer, and the counsel for the C()n][)lainant. all admitted
a mistake, and desired that pardon should be granted.

Special Messages. 343

No. 19. James J. McGrath. Convicted of assault
and battery : Superior Court, Suflblk County, July term,
1874. Sentenced to one year and six months in house of
correction. Pardon granted on the petition of Senator
Hamlin, Hon. S. F. Hersey, General Charles W. Koberts,
Hon. Charles Hamlin, Hon. W. H. McCrillis, and many
other prominent citizens of Bangor, Me. It appeared
from an aifidavit by the foreman of the jury, that the jury
intended to render a verdict of simple assault ; that the
complainant was equally guilty with the prisoner, and that
the assaults were mutual. The father of the prisoner died
the day he was sentenced, and his family in Maine
have since been entirely dependent ujDon him for support.
His former employer promised to give him work again
at once.

No. 20. Horatio L. Lincoln. Convicted of keep-
ing a liquor nuisance : Superior Court, Bristol County,
March 22, 1875. Sentenced to three months in house of
correction. Pardon granted April 6, 1875, on the peti-
tion of Hon. John E. Sanford, Hon. E. H. Bennett, Dr.
Henry B. Wheelwright, and several other prominent
citizens of Taunton. It appeared that the prisoner had
always borne a good character, was most respectably con-
nected, his place of business was orderly and in no sense
offensive, and he had never before been prosecuted for
any offence under chapter 87 of General Statutes.

No. 21. Frank Micott. Convicted of breaking and
entering: Superior Court, Hampden County, May term,
1873. Sentenced to two years in house of correction.
Pardon granted April 7, 1875, solely (m account of the
certificate of the master of house of correction, prison
physician, and Dr. Bowles, of Springfield, that the pris-
oner was fatally ill from consumption, and that his death
would ensue in a very short time. He had a father and
mother at Windsor, Yt. , whither he was taken. He died
about three weeks after his release.

No. 22. David Hunt. Convicted of forgery : Supe-
rior Court, Suffolk County, April 27, 1874. Sentenced
to two years in house of correction. Pardon granted
April 7, 1875, on the petition of thirty prominent citizens
of East Boston, bec:iuse it was shown that he was only
technically guilty of the crime ; no one lost any money by
the alleged forgery, no wrong was intended, and there was
no concealment on the part of Hunt. The assistant dis-

344 Special Messages.

trict attorney who prosecuted him, testified that a dif-
ferent disposition of the case might properly have l)een
made, and the judge who imposed sentence advised a
pardon .

No. 23. Samuel and Julius Rosenfeld. Convicted
of peddling without a license : Police Court, Lawrence,
March 17, 1875. Sentenced to four months in house of
correction. Pardon granted April 7, 1875. The pris-
oners were young boys, who plead guilty in ignorance of
the law. It was clearly shown that they were innocent,
and the judge who imposed sentence strongly urged a
pardon, and admitted that a mistake had been made.

No. 24. Patrick Higgins. Convicted of attempt to
commit rape : Superior Court, Berkshire County, Janu-
ary term, 1873. Sentenced to four years in house of cor-
rection. Pardon granted April 15, 1875, on the petition
of Senator Dawes, Hon. Joseph Tucker, Hon. E. H.
Kellogg, Hon. Thomas F. Plunkett, James M. Barker,
William H. Murray, E. M. Wood, Esqs., and many other
prominent citizens of Pittsficld, for the reasons that the
testimony upon which ho was convicted was unreliable,
the complainant had a bad reputation, and the general
opinion that the prisoner, if guilty, had been sufficiently
punished.

No. 25. Michael Flaherty. Convicted of rape :
Superior Court, Middlesex Count3% November 27, 1865.
Sentenced for life to the state prison. Pardon granted
April 15, 1875, on the petition of the selectmen of Hop-
kinton and many prominent citizens of Hopkinton and
Milford. There Avas evidence that the prisoner was not
the leader in the assault. At the time of the prisoner's
trial, the court had no discretion in the matter of sentence.
Under existing laws, he probably Avould not have received
a longer sentence than the term already served. His con-
duct during imprisonment had been good, and he seemed
to be thoroughly reformed.

No. 26. Simeon H. Handy. Convicted of breaking
and entering, upon five indictments : Superior Court,
Barnstable County, April term, 18(56. Sentenced to thir-
teen years in stale prison. Pardon granted April 21,
1875, upon petition of the Shcrilf of Barnstable County,
the selectmen and some twenty other prominent citizens
of the town of Barnstable. The prisoner's conduct dur-
ing imprisonment had been so good as to earn for him

Special Messages. 345

nearly two years' deduction from his sentence, which was
regarded as unusually severe. The district attorney
stated that he considered the pardon entirely consistent
with the public interest. The members of the pardon
committee visited the prisoner, and found him suifering
with hemorrhage of the lungs, resulting from his long
confinement.

No. 27. Frank H. MoRRELL. Convicted of robbery :
Superior Court, Franklin County, March 25, 1869. Sen-
tenced to ten years in the state prison. Pardon granted
April 21, 1875, upon the petition of Judge Aiken, Hon.
Wendell T. Davis, Dr. A. C. Deane, and other leading
citizens of Greenfield, recommended by the judge who
sentenced him, the person who suflfered from his crime,
and strongly urged by the district attorney who prose-
cuted him. His partner in the crime had been pardoned,
and the prisoner's sentence was regarded as extremely
severe, and would now probably be lighter for the same
ofience.

No. 28. Samuel Eat. Convicted of adultery : Su-
perior Court, Middlesex County, July 17, 1874. Sen-
tenced to eighteen months in house of correction.
Pardon granted April 29, 1875. It appeared that the
prisoner and his wife had not lived together for several
years ; that he supposed that she had married again ; and
that he, in ignorance of the law, thought he could do like-
wise. Prisoner had always borne an excellent reputation,
and his pardon was strongly urged by all who were fa-
miliar with the peculiarly mitigating circumstances.

No. 29. Thomas Finn. Convicted of assault and
robbery : Superior Court, Sufiblk County, October term,
1872. Sentenced to state prison for eight years. Pardon
granted April 30, 1875, on the certificate of prison physi-
cian that the prisoner was in the last stages of consump-
tion, and could not live many days. The father of the
prisoner took him to his home, where he died soon after
his release.

No. 30. Charles A. Trask. Convicted of assault
and battery: Lawrence Police Court, March 18, 1875.
Sentenced to six months in the house of correction.
Pardon granted May 5, 1875, on the petition of the party
assaulted, recommended by the judge who sentenced the
prisoner. It appeared in evidence that no one was injured

346 Special Messages.

by the alleged assault. His former employer promised to
give him permanent employment.

Xo. 31. Joseph West. Convicted of breaking and
entering, with intent to steal : Superior Court, Essex
County, October 13, 1874, Sentenced to two years in
state prison. Pardon granted May 12, 1875, on account
of the prisoner's insanity, as certified by the super-
intendent of the Worcester Lunatic Plospital, and the
general agent of the board of state charities, who will
deliver him to the commissioners of emigration, for
removal to Ward's Island Hospital in New York, where
he properly belongs.

No. 32. Willie Clark. Convicted of arson on two
indictments : Superior Court, Berkshire County, July
term, 1870. Sentenced to thirteen years in the state
prison. Pardon granted May 13, 1875, on the petition of
Hon. Julius Eockwell, John F. Arnold, Oliver Arnold,
Jas. T. Robinson, Harvey Arnold, Edward R. Tinker,
Sylvander Johnson, S. Blackinton, G. L. Rice, W. H.
Phillips, and many other leading citizens of Berkshire
County. It was proved to the satisfaction of the Council
that the prisoner, who was but sixteen years of age, was
instigated to commit the crime by a party who sought and
obtained a reward that had been offered for the detection
of incendiaries. Public sentiment was strongly in fovor
of his pardon, which was recommended by the district
attorney, and by the persons who sufiered by his crime.

No. 33. George B. Colguove. Convicted of polyg-
amy and breaking jail : Superior Court, Hampden County,
Deceml)er 26, 1872. Sentenced to three years and six
months in the house of correction. Pardon granted May
13, 1875, on the petition of the sheriff, county commis-
sioners, judge of probate, clerk of courts, and other offi-
cials of Hampden County, with the concurrence of the
district attorney. The prison physician certified that
the prisoner's health was much impaired, and further con-
finement might prove fatal. He had already served out
the sentence for his principal olfence. The other offence
was trivial, and the sentence unusually severe.

No. 34. Francis FiTZPATKiCK. Convicted of gaming:
Superior Court, Suffolk County, November term, 1874.
Sentenced to the house of correction at East Cambridge
for eight months. Pardon grunted May 14, 1875, on the
petition of Hon. W. A. Simmons, Mayor Bradford, of

Special Messages. 347

Cambridge, Hon. Ezra Parmenter, Hon. A. J. Bailey,
Hon. T. J. Dacey, Hon. Francis W. Jacobs, and others,
for the reason that the officer who prosecuted him testified
that the case would have been laid " on file " but for reports,
which proved to be false, that he continued gaming. It
appeared at the hearing that the prisoner's mother had suf-
fered a fracture of the thigh, causing incurable lameness,
that his only child had died during his imprisonment, and
that he was much needed at home.

No. 35. Albert Herendean. Convicted of larceny-:
Edward J. Jones, Esq. , Trial Justice of Juvenile Oifenders,
Suffolk County, January 24, 1875. Sentenced to the
house of correction for one year. Pardon granted May
14, 1875, with the condition that he should be confined to
the state reform school for as long a time as he was sen-
tenced to the house of correction.. The trustees of the
state reform school, the superintendent thereof, and the
visiting agent of the board of state charities desired his
pardon for the purpose of returning him to the reform
school, where he had spent some three months, and from
which, as they now think, he had been too soon discharged.
Prisoner was but fifteen years of age, and the reform
school seemed to the council a more suitable place of
confinement than the house of correction.

No. 36. Andrew Eagan. Convicted of manslaugh-
ter : Superior Court, Suffolk County, August term, 1873.
Sentenced to state prison for three years. Pardon granted
May 20, 1875, on the petition of the legislative committee
on prisons, and of twenty-three members of the Senate.
The evidence showed that the prisoner had always been a
quiet, inoffensive man, who committed the crime when
under the influence of liquor, and without malice. The
prison physician certified that the prisoner was sufiering
from a disease requiring a surgical operation in order to
save his life, and that the operation could not safely be
performed in the prison. He had friends who received
him, and who would give him proper care, and furnish him
employment when he became able to labor.

No. 37. Calvin H. Watson. Convicted of horse-
stealing : Superior Court, Hampden County, May term,
1874, Sentenced to two years in the house of correction.
Pardon granted May 26, 1875, on the petition of Hon.
Edw. B. Gillett, Kev. Dr. Buckingham, Kev. Messrs.
Mayo, Merrill, Eeed, Potter and Meredith, Hon. Eliphalet

348 Special Messages.

Trask, Hon. Henry Fuller, Judge Shurtleff, and many
other prominent citizens of Hampden County, recom-
mended by District Attorney Lathrop, and by ex-District
Attorney Stearns. There was evidence, discovered since
the trial, that Watson was innocent of the crime, and the
prosecuting officer admitted that the testimony upon which
he was convicted was very w^eak.

No. 38. Timothy Calahax. Convicted of assault
and battery : Charlestown Municipal Court, May 3, 1875.
Sentenced to house of correction for non-payment of fine
and costs. Pardon granted May 26, 1875, on the recom-
mendation of the judge who sentenced him. It appeared
that he had a wife and four young children dependent upon
him for support, and that his wife, whom he assaulted
. . very lightly, did not complain of him, and desired his
release.

No. 39. Alexander LiBOURNEAU. Convicted of assault
and battery : Central District Court of Worcester County,
October 22, 1874. Sentenced to one year in the house of
correction. Pardon granted May 27, 1875, on the state-
ment of the judge who sentencecl him, that facts had come
to his knowledge since the prisoner's trial, which, had he
then known, would have caused him to impose a much
lighter sentence than he did.

No. 40. William E. Cook. Convicted of assault Avith
intent to kill : Superior Court, Berkshire County, January
25, 1873. Sentenced to the house of correction for four
years. Pardon granted June 2, 1875, on the recommen-
dation of the sheriff, the party assaulted, and the district
attorney, for the reasons that the prisoner had entirely
reformed ; that an invalid mother and aged grandmother
were dependent upon him for support.

No. 41. Thomas H. Ridgeley. Convicted of break-
ing and entering : Superior Court, Suffolk County, October
term, 1873. Sentenced to the state prison for three years.
Pardon granted June 2, 1875, on the petition of llight
Rev. Bishop Morris, Rev. Messrs. ISIatlock, Newton, and
other influential citizens of Phihidclphia. Satisfactory
evidence was furnished to the council tliat the prisoner was
more unfortunate than criminal, by reason of his taste for
intoxicating liquors, of which he had been thoroughly
cured. He was restored to his family, who occupy a high
social position in Phihidclphia, and will surround him with
every encouragement.

SrEciAL Messages. 349

No. 42. John M. Dunn. Convicted of forgery : Su-
perior Court, Suffolk County, October term, 1870. Sen-
tenced to state prison for five years. Pardon granted
June 2, 1875, on the petition of Chief of Police Savage,
ex-Mayor Wightman, Thomas Hills, George P. Baldwin,
Edward J. Jones, Esqs., Messrs. Wm. Read & Sons,
Newell Harding & Co., and other citizens and firms of
Boston, for the following reasons : His former excellent
character and valuable service while on the Boston police
force ; his impaired health ; and his uniform good conduct
in prison, whereby he had earned such deductions that his
term of service would have expired June 30th. His sen-
tence would have expired in less than one month.

No. 43. Charles H. Avery. Convicted of rape:
Superior Court, Middlesex County, April term, 1871.
Sentenced to ten years in the state prison. Pardon
granted June 9, 1875, on the petition of the prisoner, rec-
ommeuded by ex-Governor Banks, for the reason that the
council w^ere satisfied, from evidence presented to them,
that the prisoner was not guilty of rape, but of adultery,
for which he had received sufiicient punishment.

No. 44. Edward Pratt. Convicted of gaming : Su-
perior Court, Suffolk County, November term, 1874.
Sentenced to eight months in the house of correction.
Pardon granted June 9, 1875, on the petition of Dr.
Adino B. Hall, Benj. T. Church, R. F. Yeaton, E. H.
Brabrook, and other citizens of Boston. It appeared by
the evidence of the assistant district attorney, who con-
ducted the prosecution, that the case against the prisoner
had been placed on file, upon restitution of the money and
payment of the costs ; the prisoner was called for sentence
on information that he was implicated in another crime,
which had since been proved to be false, and therefore he
should not have received sentence.

No. 45. James T. Wheeler. Convicted of embez-
zlement ; Superior Court, Suffolk County, March term,
1874. Sentenced to two years in the house of correction.
Pardon granted June 10, 1875, on the petition of James
Power, Edward J. Jones, Joseph H. Allen, Thomas Gogin,
Esqs., and other citizens of Boston, for the following
reasons : That his former reputation was excellent ; that
his conduct while in prison had been uniformly good ;
that his thorough reformation seemed to have been accom-
jDlished ; and that he would be surrounded by influential

350 Special Messages.

friends who would give him employment and encourage-
ment.

No. 46. James H. Taylor. Convicted of forgery :
Superior Court, Suffolk County, January term, 1874.
Sentenced to two years in the house of correction. Par-
don granted June 11, 1875, on the petition of his partners
in business who suftered by his crime. Rev. E. Edmands,
George B. Brown, Marshall Gordon, Arthur Taylor, and
other citizens of Boston. His partners, who made the
complaint, understood that he would receive sentence for
but one of the ofl'ences for which he was convicted. They
furnished satisfactory evidence of his reform, and expressed
their desire to restore him to his former situation in their
business.

No. 47, WiLLiAJVi H. Austin. Convicted of adultery :
Superior Court, Worcester County, October 27, 1874.
Sentenced to eighteen months in the house of correction.
Pardon granted June 22, 1875. It was shown to the
council that his wife (who had left him) had been guilty
of repeated acts of adultery during a period of several
years ; a fact that could not be proved at the trial, on
account of the absence of the witnesses, otherwise the fact
would have been used in mitiii'ation of his sentence. The
district attorney certihed that the crime was not com-
mitted under circumstances to create public scandal ; that
the prisoner was confined in jail over two months awaiting
/ trial ; and that, in his judgment, the interests of justice did

not require his further detention in prison.

No. 48. M. Henry Kenney. Convicted of breaking
and entering: Superior Court, Middlesex County, July 8,
1874. Sentenced to eighteen months in house of correc-
tion. Pardon granted June 22, 1875, on the petition
of the selectmen. Dr. S. O. Richardson, Daniel Allen,
Lucius Beebe, and other prominent citizens of Wakefield,
and strongly urged by the district attorne}'- who prose-
cuted him. It appeared that at the time t)f his conviction
Kenne}^ %vas but sixteen years of age, and had previously
borne a ffood character. He was convicted on the testi-
mony of another boy, who was the leader in the crnne,
and who had since been guilty of larceny, and had ab-
sconded. Innnediate employment was given to the prisoner
in the shop where his father worked.

No. 49. John H. Sullivan. Convicted of assault
and battery : Municipal Court, Charlcstown District,

Special Messages. * 351

Boston, April 10, 1875. Sentenced to six mouths in the
house of correction. Pardon granted June 22, 1875, on
the petition of E. T. Swift, J. H. Cotton, Daniel Will-
iams, and other citizens of Boston, recommended by the
judge who sentenced him. The prisoner's wife, who
made the complaint, testified that the assault was not
severe, and that the prisoner had always before been kind
to her. The prisoner's family are in a very destitute con-
dition, and entirely dependent upon him for support.
Work was given him immediately upon his release.

No. 50. Augustine Diaz. Convicted of larceny :
First District Court, Essex County, October 5, 1875.
Sentenced to one year in the house of correction. Par-
don granted June 22, 1875, on the petition of Gen. Will-
iam Cogswell, William D. Northend, Charles S. Os-
good, Stephen B. Ives, Jr., J. C. Perkins, N. J. Holden,
and seventy other respectable citizens of Salem. The
city marshal, clerk of the courts, and other officials joined
in the petition, and the judge who sentenced the prisoner
strongly favored a pardon. The prisoner w^as a young
Cuban boy, ignorant of our language and laws. He had
friends who promised to give him steady employment.

No. 51. Henry Moore. Convicted of drunkenness:
Municipal Court, Boston, June 5, 1875. Sentenced to
two months in the house of industry. Pardon granted
July 1, 1875, because satisfactory evidence was furnished
to the council that the prisoner was not an habitual drunk-
ard, but a steady, hard-working man. His family were
very destitute, and greatly needed his assistance.

No. 52. Henry C. Edgerly. Convicted of larceny
in a building : Superior Court, Suffolk County, February
term, 1873. Sentenced to five years in the state prison.
Pardon granted July 2, 1875, on the petition of Senators
Dacey, Wiley, Flatley and Toland, and Eepresentatives
Fitz Gerald, Hughes, Sweeney, Coveney , and other citizens
of Boston. Most of the property stolen by the prisoner
was restored, and the party who made the complaint
strongly urged his pardon. He had no counsel at his
trial, otherwise his sentence would probably have been
lighter ; his conduct in prison had uniformly been good.
He Avent, upon his release, to California, where work had
been procured for him.

No. 53. Thojvias Spencer. Convicted of larceny on
two complaints : Central District Court,' Worcester

352 • SpEciAii Messages.

County, September 26, 1874, Sentenced to one year in
the house of correction. Pardon granted July 2, 1875,
because (1) it was strongly urged by the judge who sen-
tenced him; (2) his term had nearly expired ; (3) his
family were in a state of abject poverty, and required his
assistance.

No. 54. John Anderson. Convicted of burning a
building : Superior Court, Middlesex County, April 14,
1871. Sentenced to five years in the house of correction.
Pardon granted July 2, 1875, on the petition of the
selectmen, S. F. Twitchell, Curtis Howe, A. Richardson,
Willard Howe, and other citizens of Framingham. The
owners of the building burned joined in the petition. The
council were satisfied that the evidence upon which the
prisoner was convicted was very weak. Previous to his
arrest for the crime, the prisoner had always borne an
excellent reputation, and had since constantly asserted his
innocence. Public opinion, where the crime was com-
mitted, was strongly favorable to him. He had friends
who would give him immediate employment.

No. 55. Richard McKey. Convicted of drunken-
ness : District Court of East Norfolk, June 5, 1875.
Sentenced to three months in the house of correction.
Pardon granted July 21, 1875, on the petition of ex-Chief
Justice Bigelow, R. B. Forbes, Samuel Babcock, R. B.
Forbes, Jr., and other prominent residents of Milton and
vicinity. The prisoner's wife, who had most cause to
complain, objected to proceedings against him, and desired
his release. His family were very destitute, and needed
the avails of his labor for their sustenance. His em-
ployers, who were men of the highest respectability,
stood ready to give him constant work, and to encourage
him to lead a correct life.

No. 56. Charles M. Hapgood. Convicted of adul-
tery : Superior Court, Sufiblk County, June 29, 1874.
Sentenced to eighteen months in the house of correction.
Pardon granted July 22, 1875, on the petition of Hapgood,
Farrar & Co., Johnson, Moody & Co., C. & M. Cox,
Woousocket Rubber Company, Pierce, Dana & Co.,
Mann, Bowers & Sawyer, Winch Brothers, and about one
hundred other business firms and citizens of Boston. His
pardon was also strongly urged by his wife, who had been
the greatest sufi'erer by his crime, and by her friends and
counsel who 'had joined in his prosecution. His former

Special Messages. 353

business partners desired to restore him to his old place
in their concern. He had been ah'eady severely punished,
and there was satisfactory evidence that he had sincerely
repented and reformed.

No. 57. Charles A. Eosnell. Convicted of inde-
cent assault : Superior Court, Worcester County, May
22, 1874. Sentenced to three years in the house of cor-
rection. Pardon granted July 30, 1875, on the recom-
mendation of the district attorney. Since the prisoner's
trial, facts had come to light gravely affecting the credi-
bility of the witness upon whose testimony Eosnell was
convicted, rendering it probable that he was innocent of
the crime. There was also evidence that the prisoner
was in such a physical condition that he could not long
endure imprisonment.

No. 58. Fraxcis Devlin and John "\Yelch. Con-
victed of arson : Superior Court, Middlesex County, No-
vember 26, 1867. Sentenced to state prison for life.
Pardon granted August 5, 1875, on the petition of H.
W. Jordan, B. F. Eicker, Life Baldwin, P. Moley, and
other prominent citizens of Brighton. At the time of their
conviction, both the prisoners were boys under seventeen
years of age. They had been in prison nearly eight years.
Under existing laws, boys of that age would probably be
sentenced durins^ their miuoritv to the state reform school,
and for the same offence men are sentenced for "any
term of years." Both the district attorney and the attor-
ney of the town of Brighton favored the pardon. The
conduct of the prisoners during their confinement had
been excellent.

No. 59. Edward Carroll. Convicted of larceny
from the person : Superior Court, Suffolk County, March
term, 1873. Sentenced to three years and six months in
the house of correction. Pardon granted August 10,
1875, on the petition of Otis Pettee, J. "Willard Eice,
Julius L. Clarke, Isaac F. Kingsbury, Lucius G. Pratt,
and other well-known citizens of Newton. Satisfactory
evidence was presented to the council that the larceny was
of an amount smaller than alleged ; that it was not from
"the person"; and that it was doubtful whether Carroll
committed the offence. The district attorney, who prose-
cuted him, favored his pardon.

No. 60. Orlaxdo C. Browx. Convicted of forgery :
Superior Court, Suffolk County, October term, 1871.

354 Speci^u:. Messages.

Seuteuced to sixteen years in the state prison. Pardon
granted August 13, 1875, because abundant evidence was
presented to the council that the prisoner did not belong
to the criminal class, but committed the several oiTences
while under the influence of liquor, and that the principal
witness against him was his sworn enemy. His sentence
was generally regarded as unduly severe, and the council
were satisfied that he had been sufficiently punished, and
was thoroughly reformed.

No. 61. John Smith. Convicted of keeping dogs
without a license : Municipal Court of the Highland Dis-
trict, Boston, July 26, 1875. Sentenced to pay a fine of
$45, and committed to jail until the sentence was com-
plied with. Pardon granted September 1, 1875, for the
reason that the judge who sentenced him certified that he
did so under a misapprehension of the facts in the case,
and asked that the prisoner might be pardoned.

No. 62. Charles Lajmont. Convicted of drunken-
ness : First District Court of Eastern AYorcester, Au-
gust 11, 1875. Sentenced to two months in the house of
correction. Pardon granted September 9, 1875, on the
petition of more than twenty of the leading citizens of
Westborough, for the reason that the justice who sentenced
him testified that it was done under a misapprehension of
the law, and asked for his release.

No. 63. George E. Smith. Convicted of larceny :
Third District Court of Bristol County, July 24, 1875.
Sentenced to six months in the house of correction.
Pardon granted September 15, 1875, on the petition of
more than fifty respectable citizens of New Bedford.
The justice who tried the prisoner certified that he was in
l^ossession of facts relating to the case which led him to
doubt whether Smith was guilty of the alleged ottence,
and to believe that he was the victim of a conspiracy.
The council were satisfied that he was wrongfully con-
victed.

No. 64. James F. Mathews. Convicted on two in-
dictments of keeping a liquor nuisance : Superior Court,
Bristol County, March 23, 1875. Sentenced to the house
of correction for one year. Pardon granted October 1,
1875, on the petition of Keprcseiitatives Giles G. Barker,
Frederick P. Shaw, Charles R. Tucker, Jr., and Charles
M. Peirce, Jr., ])esides about fifty other prominent citi-
zens of New Bedford, on account of the impaired health

Special Messages. 35;5

of the prisoner, and because the sentence seemed undulj?-
severe. The prisoner had paid fines and costs amounting
to over $200.

No. 65. Michael Eiley. Convicted of disturbing
the peace: Somerville Police Court, May 4, 1875. Sen-
tenced to six months in the house of correction. Pardon
granted October 1, 1875, because of the very destitute
condition of the prisoner's family and evidence of his
thorough reformation. The justice who sentenced the
prisoner recommended his pardon.

No. 6Q. Moses F. Wheeler. Convicted of arson :
Superior Court, Middlesex County, February 21, 1868.
Sentenced to state prison for life. Pardon granted No-
vember 5, 1875, because satisfactory evidence was fur-
nished to the council that Wheeler was convicted upon
false testimony, and was innocent of the crime.

No. 67. William H. Orne. Convicted of arson :
Superior Court, Middlesex County, November term,
1866. Sentenced to the state prison for life. Pardon
granted November 5, 1875, on the petition of ex-Mayors
Kent and Hull, Messrs. Caleb Eand, George B. Neal,
George R. Kelso, Moses A. Dow, William B. Long,
Charles Robinson, Jr., Louis E. Pearson, Everett Tor-
rey, Francis Thompson, Erdix T. Swift, and other promi-
nent citizens of the Charlestown District, recommended
by the district attorney. Satisfactory evidence was pre-
sented to the council that Orne was the victim of the
principal in the crime, who had already been pardoned.
He had already served out a longer sentence than would
have been imposed under existing laws, and seemed to be
thoroughly reformed.

No. 68. John Williams. Convicted of larceny from
the person : Superior Court, Suifolk County, September
term, 1875. Sentenced to the house of correction for
eight months. Pardon granted November 13, 1875, on
the petition of Hon. T. J. Dacey, William Taylor, James
O. Fallon, Henry Splaine, M. D. Collins, and other citi-
zens of Boston, at the request of the district attorney,
who certified that the case should have been placed on
file.

No, 69. Benjamin Carson. Convicted of receiving
stolen goods, and of assault and battery : Superior Court,
Sufiblk County, January term, 1874. Sentenced to two
years and six months in the house of correction. Pardon

35G Special Messages.

granted November 13, 1875, solely because the prison
physician certified that the prisoner was in the last stages
of consumption, and that there was no hope of his living
until the end of his term, but that his life might be pro-
longed a little by the care of his friends.

No. 70. William H. DowHUEST. Convicted of adul-
tery : Superior Court, Worcester County, August term,
1874. Sentenced to two years in the house of correction.
Pardon granted November 19, 1875, on the petition of the
county commissioners of Worcester County, and Mayor
Blood, S. A. Webber, Alpheus P. Kimball, Joseph Wa-
terhouse, and other prominent citizens of Fitchburg. The
district attorney strongly recommended a pardon ; the
prisoner's former employers received him, and gave him
permanent work. The council were of the opinion that
inasmuch as there was no public scandal about the case,
the sentence was too severe.

No. 71. Daniel Young. Convicted of perjury : Su-
perior Court, Suflblk County, May term, 1875. Sen-
tenced to one year in the state prison. Pardon granted
November 23, 1875. The case was simply a dispute
between debtor and creditor, in which the prisoner over-
stated his account. He pleaded guilty under a misappre-
hension of the law, so that there was no investigation,
except before the grand jury, and the council were satis-
fied that if the prisoner had been tried he would not have
been convicted. The district attorney considered the case
a weak one, and there was a strong presumption of the
prisoner's innocence.

No. 72. John Connell, alias John Ryan. Convicted
of breaking and entering : Superior Court, Suffolk County,
September term, 1874. Sentenced to three years in the
house of correction. Pardon granted November 23, 1875,
on the petition of Rev. J. Gritiin, Rev. Wm. P. ^NlcQuaid,
Col. Wm. B. Hutchings, Dr. J. B. JNIoran, and other
respectable citizens of Boston Highlands. The council
were satisfied that the prisoner did not belong to the crim-
inal class; that the property stolen was of small value,
and was recovered by the owner, who did not wish him
punished, and earnestly desired his pardon. The prisoner,
mIio is rather weak-minded, seenud sincerely i)enitent.
He had a comfortable home, and en}ployment awaiting him.
No. 73. Joseph Williams and Jamks jMoulton.
Convicted of burning a barn : Superior Court, jNIiddlesex

Special Messages. 357

County, October 31, 1873. Sentenced each to four years
in the house of correction. Pardon granted November
23, 1875, on the petition of the foreman and four others of
the jury who convicted them, and Wm. E. Livingston, W.
F. Salmon, Andrew F. JeAvett, Jeremiah Crowley, of
Lowell, besides Hon. W. W. Warren, Dr. Ezra Par-
menter, K. S. Chaffee, A. C. Wellington, and others of
Cambridge and vicinity. It appeared that after the trial
of the prisoners it was ascertained that the principal wit-
ness against them had borne a bad reputation for truth and
veracity, and that his testimony might have been im-
peached. The value of the property destroyed was very
small. The council had strong doubts as to the guilt of
the prisoners.

No. 74. Charles Chevalier. Convicted of being a
common thief : Superior Court, Suffolk County, May
term, 1874. Sentenced to the state prison for seven years.
Pardon granted November 23, 1875. The prisoner had
for nearly a year past been an inmate of the Worcester
Lunatic Hospital, and satisfactory evidence was furnished
to the council that he was incurably insane. He was sent
to Holland, his native country, where he had friends who
would care for him.

No. 75. George L. Mowry. Convicted of robbery
with force : Superior Court, Worcester County, January
30, 1866. Sentenced to the state prison for life. Pardon
granted November 24, 1875, for Thanksgiving Day, upon
the recommendation of the warden. The prisoner's health
was greatly impaired by his confinement, and had failed
very much during the last year. His conduct while in
prison had been excellent.

No. 76. James Griffin. Convicted of house-break-
ing : Court of Common Pleas, Norfolk County, October
term, 1852. Sentenced for life to the state prison. Par-
don granted November 24, 1875, upon the recommenda-
tion of the warden, for Thanksgiving Day. The prisoner
M^ho had been in the state prison for a longer time than
any other convict, had served out twenty-three years of a
life sentence. His conduct while in prison had been
uniformly good.

No. 77. John S. Dodge. Convicted of obtaining
money on false pretences : Superior Court, Essex County,
October term, 1871. Sentenced to five years in the state
prison. Pardon granted November 24, 1875, on the rec-

358 Special Messages.

ommeudation of the warden, for a Thanksgiving pardon.
The prisoner's conduct Avhile in prison had uniformly
been good ; he had been a faithful and clficient hospital
steward for several years ; his health was greatly impaired,
and longer confinement would probably have been fatal to
him.

No. 78. Reuben A. Wentworth. Convicted of lar-
ceny : Municipal Court, Boston, November 5, 1875.
Sentenced to three months in the house of correction.
Pardon granted December 7, 1875, on the petition of many
leading citizens of Maine, where the prisoner resided, and
had always borne an excellent reputation. The council
were satisfied, from evidence presented to them, that the
prisoner was the victim of a confidence-man, and was
entirely mnocent of the crime charged. His pardon was
strongly recommended by the justice who sentenced him.

No. 79. John Baxter. Convicted of breaking and
entering : Superior Court, Suflfolk County, August 10,
1874. Sentenced to two and one-half years in the state
prison. Pardon granted December 28, 1875, on the peti-
tion of the general agent of the board of state charities.
On the sixth day of December, 1875, the prisoner was ad-
judged to be insane by the commissioners for the exam-
ination of convicts alleged to be insane, and was transferred
to the Taunton Lunatic Hospital ; the board of state char-
ities desired his pardon in order that he might be removed
to the lunatic hospital of Rhode Island, of which State he
was a resident, to the end that the Commonwealth might
be relieved of the further expense of his support.

No. 80. William G. Hadley. Convicted of larceny :
Superior Court, Worcester County, October 28, 1874.
Sentenced to two years in the house of correction. Pardon
granted December 28, 1875, on the petition of Rev. AVm.
H. Dowden, of East Jafirey, N. H., Rev. AValter Rice,
Rev. A. A. Wright, and other citizens of Lecmiinster and
Lunenburg, for the reason that there was much evidence
that when the prisoner committed the crime he was sullVr-
ing great physical pain, and was mentally misound. The
council were unanimously of the oi)inion that the object of
punishment had been accomplished.

No. 81. Daniel Sullivan. Convicted of highway
robbery : Superior Court, Worcester County, February 3,
1875. Sentenced to the state prison for three years. _
Pardon granted December 28, 1875, on the petition of

Special Messages. 359

Geo. F. Hoar, Alex. H. Bullock, Isaac Davis, P. C.
Bacon, D. Waldo Lincoln, F. H. Kinnicutt, John D.
Washburn, George W. Gill, and other prominent citizens
of Worcester. Satisfactory evidence was presented to the
council that the prisoner was innocent of the crime for
which he was convicted.

No. 82. James Kneel and. Convicted of burglary :
Superior Court, Suffolk County, January terra, 1874.
Sentenced to fifteen years in the state prison. Pardon
granted December 28, 1875, on the petition of the prose-
cuting officer and all the members of the jury by whom he
was convicted. The council were satisfied that the pris-
oner was the dupe and victim of a man who is serving out
a sentence in the state prison for another crime. There
were strong reasons for believino; him to be innocent.

No. 83. George J. Gray. Convicted of assault with
intent to kill, assault with dangerous weapon, and bur-
glary, upon three indictments : Superior Court, Suffolk
and Essex counties, October term, 1866. Sentenced al-
together to twenty-five years in the state prison. Pardon
granted January 1, 1876, because the council were satisfied
that the object of imprisonment had been accomplished,
that no public interest would suffer, and that the good
order and discipline of the prison would be promoted by
the release of the prisoner.

No. 84. John Boyen. Convicted of breaking and enter-
ing : Superior Court, Suffolk County, October 15, 1872.
Sentenced to four years and six mouths in house of cor-
rection. Pardon granted January 1, 1876, at the request
of the board of directors of public institutions of the city
of Boston, and of the master of the house of correction,
who expressed their belief that the prisoner's pardon Avould
have a good efiect on the discipline of the prison. The
pardon was granted in accordance with a custom observed
for several years of releasing a prisoner from the house of
correction on Christmas or New Year's day.

[To the Senate, February 8.]

I have the honor herewith to transmit the report of the
Manager of the Troy and Greenfield Railroad and Hoosac
Tunnel, for the six months ending December, 31, 1875.

[To the Senate, February 24.]

I have the honor herewith to transmit for the informa-
tion and use of the General Court, the Annual Report of

)60 Special Messages.

the Adjutant-General of the Commonwealth, for the year
ending December 31, 1875, and the Annual Report of the
Commissioner of the Mystic River Corporation for the
year 1875.

[To the Senate, April 24.]

I have the honor herewith to inclose for the disposition
of the General Court, a Joint Resolution of the Senate and
House of Representatives of the United States, transmitted
to me by the Secretary of State.

[To the House of ReprcBentatives, April 27.]

I herewith return to the House of Representatives, in
which it originated, "An Act to confirm the Marriage of
James Parton and Ellen Willis Eldredge," without ap-
proval, for the reason that, upon the best information
which I possess or can obtain, said Act appears to be con-
trary to sound principles of legislation, and t'o the good of
society.

Chapter 106 of the General Statutes of this Common-
wealth prohibits marriage between persons bearing certain
kinship or relation to each other; and among others, it is
provided that no man shall marry his step-daughter, and
that no woman shall marry her step-father ; and this gen-
eral law is binding upon all the people of the Common-
wealth.

I understand the facts in this case to be, that James
Parton and Ellen Willis Eldredge, standing to each other
in the relation of step-father and step-daughter, on the
thiixl day of February, 1876, went through the ceremony
of marriage, for the purpose of becoming husband and
wife, and thereafter cohabited in violation of the statute
above cited; and that the bill, herewith returned, assumes
to suspend the general law in favor of the persons named
in this Act. Unless, therefore, the legislature has authority
thus to suspend a general law, the Act in question is
invalid.

T am advised that, under the provisions of Articles 10,
12, and 20 of the Bill of Rights, an Act su.^pending, in
favor of individuals, a general law which atlects the life,
liberty or property of citizens, is unconstitutional ; because,
by the suspending law, the general law is made to restrain
j)crsons arbitrarily and not in common with all othei-s in
like circumstances, and, thoret'oro, is not according to "the
law of the land " ; and that our courts have decided that

Special Messages. 361

the Legislature may suspend the operation of the general
laws of the State ; but when it does so, the suspension must
be general, and cannot bo made for individual cases or for
particular localities. The authorities which miglit be cited
in support of such decision, are numerous and apparently
conclusive.

This principle does not conflict with the validity of law^s
legalizing the doings of persons who have assumed to act
■when not empowered to do so, — as justices of the peace,
officers authorized to solemnize marriages, sheriffs, etc.,
etc. ; because such laws are not those of arbitrary exemp-
tion in favor of one person, but confirmatory laws affecting
and embracing all persons who come within the same cate-
gory. Thus, if the persons named in this bill had been
those who might lawfully have entered into marriage rela-
tion, and in attempting to do so, the marriage ceremony
had been performed by a person not qualified to solemnize
a marriage, the Legislature might properly confirm the act
of such person, and thus bring the parties within the pro-
visions of the general law.' But the parties interested in
this bill appear to have never been married, for the reason
that they could not enter into the marriage relation.

If I rightly interpret the present Act, the general court
did not intend to confirm the marriage of James Parton
and Ellen Willis Eldredge in any other mode than by ex-
empting them from the operation of the general law pro-
hibiting marriages within certain degrees of relationship.
It is manifest that there was no intention to repeal the
general law, because hy the terms of this Act it is confined
to the two persons named therein ; it seems obvious, there-
fore, that the intention of this Act is to confirm their mar-
riage by exempting these two persons from the operation
of the general law, which I understand not to be within
the constitutional power of the Legislature.

For these and for other considerations, social, moral and
religious, involving also possibly the rights of property and
of legitimacy, I feel compelled to withhold my approval of
this bill, and to return it for the further consideration and
action of the Legislature.

[To the Senate, April 28.]

I respectfully return to the honorable Senate, in which
it originated, "An Act to reo-ulate the sale of intoxicating
liquors," without my approval. In as careful an examina-

362 Special Messages.

tion of this bill as I have been able to make since it came
to my hands, it appears to contain few provisions which
differ essentially from those of the existing law. To some
of these I should give cheerful approval, while others seem
highly objectionable.

In the remarks which I had the honor to submit to the
General Court upon the subject-matter of this bill, at the
commencement of its present session, I expressed my
views with considerable fullness under the belief that the
I^revailing sentiment of the people of the State favored a
fair and impartial trial of the existing law before it should
be essentially modified ; and I also indicated certain addi-
tional provisions which, if adopted, I believed would add
to its efficiency in suppressing the great evils of intoxica-
tion and drunkenness. I am gratified in having the oppor-
tunity to concur wnth the Legislature in the enactment of
some of the most important of these provisions, in a bill
■which has already passed both houses and received execu-
tive approval.

It would be contrary both to my original recommenda-
tion and to my present convictions of duty, to approve
any alterations in the existing law which should so enlarge
its license as to give freedom to the growth of a vice from
which many of its victims are just now making zealous
and heroic endeavors to escape, or otherwise disturb that
healthy sentiment of reform which now pervades the com-
munity in respect to this and other subjects of common
welfare.

The provision of the present bill which I especially dis-
approve is found in the sixth section. Under the existing
law licenses of the first, second and third classes are sub-
ject to the condition that the licensee shall not keep an
open bar, and shall hold also a license as an innholder or
connnon victualler. The bill now under consideration
omits these conditions, and provides that holders of
licenses of the first class (costing from $100 to $1,000
each) may sell liquors of any kind to be drunk on
the })remises ; and that holders of licenses of the second
and third classes, (costing from $50 to $250 each) may
sell malt liquors, cider and light wines to be drunk on the
premises; and there is no limitation of the number of such
licenses, of either class, that may be granted by the select-
men of towns or by the mayor and aldermen of cities, or
by license connnissioners, as the case may be.

Special Messages. 363

Under this new provision, therefore, our cities and towns
throughout the Commonwealth Avould be subject to the es-
tablishment of opej] bars and tippling houses, unlimited in
number, and decked with the allurements of temptation to
the young and the unstable, and spreading the seeds of
poverty, desolation and crime where they are, and ought
to be, forever excluded.

I cannot but feel that the enactment of such a measure
would be a step backwards in our civilization ; that while
we are expending vast sums of money in the maintenance
of schools, colleges and churches, in charitable and reform-
atory institutions and prisons, and watching with anxious
solicitude the causes which lead to the increase of insanity,
pauperism and crime, — that while we are prosecuting dis-
coveries in science, developing the useful arts and ex-
tending our industries in the hope of increasing the
employments, the comfort and the wealth of our people, —
to establish the tippling house and the open bar, with their
concomitant vices, at every step of our progress, would
seem to be a reproach either to our intelligence or to our
integrity. The other changes in the law contemplated by
this bill, which, for the most part, meet my approval, sink
into obscurity in my esteem, in comparison with this great
and threatening evil.

With great deference to the wisdom of the Legislature, I
therefore return the bill without approval, for its further
consideration.

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Frances R. Sliaw,*

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COUNTY OF BERKSHIRE.

1st,

C Hancock,

Lanesborough,
1 New Ashford, .
l^ Williamstown,

!>
j

Harvey M. Owen, .

Lanesborough.

2d,

f Adams, .
i Cheshire,
<{ Clarksburg, .

Florida, .
1, Savoy, .

Charles H. Read,
Dallas J. Dean,

Adams.
Adams.

3d,

C Dal ton, .
i Pittsfield,
l^ Richmond,

]

Ensign H. Kellogg, .
Solomon N. Russell,

Pittsfield.
Pittsfield.

392

House of Representatives.

COUNTY OF BERKSHIRE— Concluded.

4th,

5th,

6th,

7th,

8th,

Town or Ward.

'Bocket, .
Hinsdale,
Peru,

Washington, .
Windsor,

'Lenox,
Stockbridge, .
, W. Stockbridge,

LeBj

Monterey,
Otis,
. Tyringham, .

'Alford, .
Egremont,
Great Barrington,
Mount Washington, j

' New JNf.irlborough,
Sandisfield,
.Sheffield,.

Name of