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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. 

2 



10 



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 



14 



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. 



18 



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 



20 



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 



22 



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, 



24 



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.^ 



26 



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. 



28 



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. 



32 



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. 

5 



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. 



A. 

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 

B. 

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 



48 



INDEX. 



c. 

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 

36 

32 

11 

27 
33 
21 
40 
25 
30 
25 
25 
34 
34 
31 

31 
20 

23 
23 
23,38 
28 
23 



23,38 
23 
23 

39,43 

34 

9,22 

10 

40 

10 

6,7 



D. 

Debate, freedom of, in legislature, affirmed, 8 

Declaration of rights, 4 

Delegates to congress, 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 

E. 

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

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

" freedom of, affirmed, 6 

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

Enacting style, established, 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 

F. 

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 



50 



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 



H. 

Habeas corpus, benefit of, secured, 31 

" " not to be suspended more than twelve months, . . 31 

Harvard College, powers, privileges, grants, &c., confirmed to, . . 26 

" " who shall be 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 



I. 

Impeachment, limitation of sentence for, 15 

Impeachments, how made and tried, 15, 16 

Incompatible offices, enumeration of, 29, 34 

"Inhabitant," word defined, 12 

Inhabitants, census of, when taken, 36, 41 

Insolvency, commissioners of, how chosen, 40 



INDEX. 51 

Page 
Instmction of representatives and petition to legislature, rights of, 

afirmed, b 



J. 

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 



L. 

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. 

M. 

Page 

Magistrates and officers, accountability of, 5 

Major-Generals, how appointed and commissioned, 20 

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

to be subject to, 8 

Meetings, plantation, provisions respecting, 13 

" town, selectmen to preside at, 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 

N. 

Notaries Public, how chosen, 24 

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

o. 

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 



Q. 

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. 

R. 

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 

Register of council, to be kept, subject to the call of either house, . 23 

Registers of probate. (See Probate.) 

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

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



s. 

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 

T. 

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 

V. 

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 

w. 

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

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

Y. 

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. 



6 



1876.— Chapter 5. 



Judge— 
Barnstable. 



Nantucket. 
Dukes County. 

Register — 
Suffolk. 

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. 



10 



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. 



12 



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. 



14 



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. ^^"•^■■^'- 



16 



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 



18 



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. 



20 



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. 



22 



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 



24 



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. 



1 



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 



26 



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. 



28 



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. 



32 



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 



34 



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. 



36 



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"'*^^- 



38 



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 



40 



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 



42 



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 



46 



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. 



48 



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. 



52 



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. 



56 



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- 



60 



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 



62 



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 



66 



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. 



68 



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. 



70 



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. 

10 



74 



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. 



76 



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 



78 



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 



80 



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 : 

I 

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, 



84 



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. 



86 



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. 

12 



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. 



94 



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. 



96 



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 

13 



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. 



I 



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, 



15 



L 



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 



IM 



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 

19 



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. 



I 



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. 

20 



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 : — 



I 



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 


41 


Chatham, 






642 


881,632 00 


50 


Dennis, . 






792 


1,646,437 00 


92 


Eastham, 






177 


212,633 00 


13 


Fahiionth, 






672 


2,661,805 00 


1 37 


Harwich, 






858 


1,103,508 00 


65 


Mashpee, 






73 


97,502 00 


06 


Orleans, . 






378 


620,679 00 


30 


Provincetown, 






1,101 


1,943,982 00 


1 10 


Sandwich, 






756 


1,442,201 00 


81 


Truro, , 






319 


294,363 00 


18 


Wellfleet, 






616 


960,940 00 


54 


Yarmouth, 






622 


1,658,494 00 


84 


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 


16 


Becket, . 




363 


472,518 00 


28 


Cheshire, 




436 


1.117,018 00 


61 


Clarksburg, . 




152 


261,850 00 


15 


Dalton, . 




324 


1,371,426 00 


73 


Egremont, 




254 


613,063 00 


34 


Florida, . 




242 


191,874 00 


12 


Great Barrington, . 




1,113 


3,541,601 00 


1 91 


Hancock, 




165 


459,607 00 


25 


Hinsdale, 




468 


858,134 00 


48 


Lanesborough, 




423 


781,820 00 


44 


Lee, 




899 


2,027,731 00 


1 12 


Lenox, . 




476 


1,477,811 00 


80 


Monterey, 




197 


280,736 00 


16 


Mount Washington, 




77 


78,989 00 


05 


New Asht'ord, . 




48 


94,201 00 


05 


New Marlborough, 




470 


847,278 00 


48 


Otis, 




212 


279,926 00 


16 


Peru, 




128 


151,765 00 


09 


Pittsfield, 




2,841 


9,402,069 00 


5 06 


Richmond, 




304 


693,554 00 


33 


Sandistield, 




306 


432,851 00 


25 


Savoy, . 




187 


213,764 00 


13 



21 



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 


18 


Dartmouth, 








750 


1,909,515 00 


1 05 


Dighton, . 








433 


846,659 00 


47 


Easton, . 








993 


3,063,753 00 


1 66 


Fairhaven, 








714 


1,608,404 00 


89 


Fall River, 








11,118 


50,382,058 00 


26 71 


Freetown, 








316 


770,047 00 


42 


Mansfield, 








671 


1,187,158 00 


67 


New Bedford, 








5,930 


27,528,048 00 


14 58 


Norton, . 








432 


875,357 00 


49 


Raynham, 








426 


1,290,699 00 


70 


Rehoboth, 








450 


820,551 00 


46 


Seekonk, 








262 


641,638 00 


35 


Somerset, 








478 


1,083,109 00 


60 


Swanzey, 








307 


702,963 00 


39 


Taunton, 








5,352 


17,773,864 00 


9 57 


West^jort, 








702 


1,483,918 00 


82 


Total, 






• 


32,175 


$117,536,662 00 


$G2 94 



Dukes County. 



Chilmark, 
Edgartown, 
Gay Head, 
Gosnold, . 
Tisbury, . 

Total, 



DUKES COUNTY. 



166 

511 

32 

36 

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 


34 


Bradford, 








567 


1,423,243 00 


78 


Danvers, . 








1,898 


3,928,544 00 


2 14 


Essex, 








46-t 


982,931 00 


55 


Georgetown, 








651 


1,047,714 00 


60 


Gloucester, 








3,390 


9,166,267 00 


5 00 


Groveland, 








540 


874,444 00 


50 


Hamilton, 








200 


543,936 00 


30 


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 


45 


Manchester, 








471 


1,830,385 00 


98 


Marblehead, 








2,130 


4,247,711 00 


2 37 


Merrimac, 








705 


968,845 00 


56 


Methuen, 








1,038 


2,429,809 00 


1 34 


Middleton, 








237 


475,582 00 


27 


Nahant, . 








169 


8,119,833 00 


4 14 


Newbury, 








312 


1,062,203 00 


67 


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 


32 


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 


43 


Wenham, 








232 


609,392 00 


33 


West Newbury, 






532 


1,122,416 00 


62 


Total, 






• 


55,625 


$174,272,302 00 


$94 13 



FRANKLIN COUNTY. 



Ashfield, 


342 


$544,556 00 


$0 31 


Bernardston, . 






243 


426,528 00 


24 


Buckland, 






461 


693,489 00 


35 


Charlemont, . 






260 


356,808 00 


21 


Colrain, . 






397 


695,501 00 


39 


Conway, . 






378 


836,555 00 


46 


Deerfield, .... 


808 


1,710,340 00 


95 



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 


27 


Greenfield, 










929 


3,300,622 00 


1 77 


Hawley, . 




• 






159 


157,354 00 


10 


Heath, 










149 


191,401 00 


11 


Leverett, . 










224 


333,626 00 


19 


Leydeu, . 










111 


228,748 00 


13 


Monroe, . 










44 


43,214 00 


03 


Montao;ne, 










803 


2,100,063 00 


1 15 


New Saleni, 










262 


325,395 00 


19 


Northfield, 










433 


757,180 00 


43 


Orange, . 










860 


1,584,615 00 


89 


Rowe, 










147 


174,826 00 


10 


Shelburne, 










380 


973,093 00 


53 


Shutesbury, 










144 


166,806 00 


10 


Sunderland, 










217 


482,846 00 


27 


Warwick, 










224 


298,435 00 


17 


Wendell, . 










133 


171,910 00 


10 


Whately, . 










283 


820,401 00 


44 


Total, 










8,833 


$18,122,573 00 


$10 08 



HAMPDEN COUNTY. 



Agawam, .... 


695 


$1,277,089 00 


$0 71 


Blandford, 






253 


407,798 00 


23 


Brimfield, 






302 


593,247 00 


33 


Chester, . 






374 


533,469 00 


31 


Chicopee, 






2,522 


5,861,559 00 


3 23 


Granville, 






322 


404,157 00 


24 


Holland, . 






80 


122,299 00 


07 


Holyoke, . 






3,559 


10,631,605 00 


5 76 


Longmeadow, 






402 


1,417,694 00 


76 


Ludlow, . 






307 


648,863 00 


31 


Monson, . 






755 


1,441,257 00 


81 


Montgomery, . 






84 


141,298 00 


08 


Palmer, . 






1,006 


1,854,962 00 


1 04 


Russell, . 






163 


430,520 00 


23 


Souihwick, 






300 


635,669 00 


35 


Springfield, 






8,160 


41,742,118 00 


22 03 


Tolland, . 






128 


236,400 00 


13 


Wales, . 






276 


429,799 no 


25 


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 


60 


Chesterfield, 








207 


320,022 00 


18 


Cunimington, 








261 


428.422 00 


24 


Easthampton, 








793 


2,623,493 00 


1 41 


Enfield, . 








304 


772,795 00 


42 


Goshen, . 








95 


124,888 00 


07 


Granby, . 








219 


618,965 00 


29 


Greenwich, 








186 


307,347 00 


17 


Hadley, , 








582 


1,473,127 00 


81 


Hatfield, . 








409 


1,323,563 00 


71 


Huntington, 








250 


619,007 00 


29 


Middlefield, 








158 


386,722 00 


21 


Northampton, 








2,423 


7,857,455 00 


4 23 


Pelham, . 








157 


160,807 00 


10 


Plainfield, 








158 


216,125 00 


13 


Prescott, . 








182 


195,335 00 


11 


South Hadley, 








713 


1,921,344 00 


1 05 


Southampton, 








274 


497,224 00 


28 


Ware, 








950 


1,926,153 00 


1 07 


Westhampton, 






116 


294,347 00 


16 


Williamsburg, 






565 


1,378,175 00 


76 


Worthington, . 






220 


342,834 00 


20 


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 


30 


Ashland, . 








669 


1,468,016 00 


81 


Ayer, 








537 


1,092,883 00 


61 


Bedford, , 








253 


760,901 00 


41 


Belmont, . 








635 


4,305,961 00 


2 24 


Billerica, . 








490 


1,771,662 00 


95 


Boxborough, 








86 


271,701 00 


15 


Burlington, 








195 


530,794 00 


29 


Cambridge, 








11,983 


66,081,126 00 


34 77 


Carlisle, . 








164 


381,-350 00 


21 


Chelmsford, 








642 


1,504,912 00 


83 


Concord, . 








713 


8,157,531 00 


1 68 


Dracut, . 








335 


1,045,853 00 


56 


Dunstable, 








138 


340,832 00 


19 


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 


95 


Lexington, 






7;u 


3,067,692 00 


1 63 


Lincoln, . 






235 


881,382 00 


47 


Littleton, 






245 


775,066 00 


42 


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 


73 


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 


25 


Pepperell, 






551 


1,457,142 00 


80 


Reading, . 






882 


2,377,630 00 


1 30 


Sherborn, 






281 


927,158 00 


60 


Shirley, . 






318 


975,348 00 


53 


Somerville, 






5,341 


29,334,350 00 


15 44 


Stoneham, 






1,350 


3,129,181 00 


1 72 


Stow, 






274 


714,050 00 


39 


Sudbury, . 






337 


1,043,080 00 


56 


Tewksbury, . 






286 


929,408 00 


50 


Townsend, 






613 


776,758 00 


46 


Tyngsborough, 






161 


309,502 00 


17 


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 


62 


Westt'ord, 






517 


1,115,088 00 


62 


Weston, . ' 






345 


1,737,649 00 


92 


Wilmington, . 






255 


542,091 00 


30 


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 

24 


Foxborougli, 








781 


1,761,058 00 


97 


Franklin, 








717 


1,486,788 00 


83 


Holbrook, 








496 


1,598,675 00 


86 


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 


31 


Norwood, 








503 


1,759,652 00 


94 


Quincy, . 








2,414 


7,203,329 00 


3 90 


Randolph, 








1,169 


2,471,764 00 


1 37 


Sharon, . 








384 


966,313 00 


53 


Stoughton, 








1,264 


2,487,872 00 


1 39 


Walpole, . 








556 


1,533,404 00 


83 


Weymouth, 








2,729 


6,119,045 00 


3 38 


Wrentham, 








580 


1,160,069 00 


65 


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 


33 


Duxbury, 






680 


1,340,538 00 


75 


East Bridgewater, 






787 


1,367,826 00 


77 


Halifax, . 






169 


291,943 00 


17 


Hanover, 






469 


985,625 00 


55 


Hanson, . 






863 


572,791 00 


33 


Hingham, 






1,234 


3,590,222 00 


1 95 


Hull, 






78 


617,251 00 


32 


Kingston, 






452 


1,748,679 00 


93 


Lakeville, 






305 


672,735 00 


32 


Marion, . 






232 


489,064 00 


27 


Marshfield, 






502 


978,188 00 


55 


Mattapoisett, . 






343 


1,266,062 00 


68 


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 


18 


Rochester, 








289 


493,931 00 


28 


Rockland, 








1,152 


2,030,697 00 


1 15 


Scituate, . 








651 


1,461,254 00 


81 


South Abington, 








686 


1,393,904 00 


78 


South Scituate, 








475 


1,129,694 00 


62 


Wareham, 








761 


1,124,248 00 


65 


West Bridgewater, 








461 


923,115 00 


62 


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 

56 



§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 


33 


Barre, 








698 


1,956,812 00 


1 06 


Berlin, 








283 


489,691 00 


28 


Blackstone, 








1,049 


2,143,923 00 


1 19 


Bolton, . 








283 


556,372 00 


31 


Boylston, 








214 


681,069 00 


32 


Brookfield, 








745 


1,411,318 00 


79 


Charlton, 








501 


1,003,629 00 


66 


Clinton, . 








1,591 


4,548,192 00 


2 47 


Dana, 








206 


290,184 00 


17 


Douglas, . 








607 


922,375 00 


63 


Dudley, . 








619 


1,039,645 00 


69 


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 


61 


Harvard, . 








348 


1,131,722 00 


61 


Holden, . 








520 


982,204 00 


65 



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 


43 


Mendon, . 








316 


659,572 00 


37 


Milford, . 








2,700 


6,107,290 00 


2 86 


Millbury, 








1,050 


2,680,798 00 


1 47 


New Braintree, 






154 


501,115 00 


27 


Nortliborough, 






385 


1,321,153 00 


71 


Nortlibridge, . 






900 


2,282,644 00 


1 25 


North Brookfield, . 






1,048 


1,848,489 00 


1 04 


Oakham, . 






230 


347,879 00 


20 


Oxford, . 








800 


1,629,766 00 


86 


Paxton, . 








174 


321,911 00 


18 


Petersham, 








290 


713,469 00 


39 


Phillipston, 








189 


317,555 00 


18 


Princeton, 








314 


932,909 00 


61 


Royalston, 








345 


760,526 00 


42 


Rutland, . 








254 


460,895 00 


26 


Shrewsbuiy, 








426 


1,157,279 00 


63 


Southborough, 








545 


1,401,967 00 


77 


Southbridge, 








1,235 


3,210,879 00 


1 75 


Spencer, . 








1,262 


2,786,234 00 


1 64 


Sterling, . 








439 


1,166,371 00 


64 


Sturbridge, 








675 


1,140,047 00 


64 


Sutton, . 








688 


1,469,105 00 


82 


Templeton, 








755 


1,314,781 00 


74 


Upton, 








603 


869,936 00 


49 ^ 


Uxbridge, 








686 


1,872,264 00 


1 02 


Warren, . 








796 


1,657,419 00 


87 


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 


66 


West Brookfie 


Id, 






442 


848,347 00 


48 


Westminster, 








443 


874,917 00 


49 


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. 



22 



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 



J 



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. 

23 



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. 



I 



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. 

24 



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 

25 



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, 
and by the warden to the clerk and inspectors, or to either 



198 



1876.— Chapter 211. 



Warden to pre- 
side at meutinga, 
and clerk to 
record proceed- 
ings. 



Ward clerk 
to deliver all 
books, etc., to 
city clerk upon 
expiration of 
term of office. 



If warden is 
absent, clerk to 
call meeting to 
order and pre- 
side. 



City clerk to 
enter copies of 
ward records 



of said officers, by any justice of the peace, and a certificate 
thereof shall be entered on the records of the ward by the 
clerk. 

It shall be th0 duty of the warden to preside at all ward 
meetings, with the power of moderators of town meetings, 
and to assort, count and declare, in open ward meeting, all 
ballots given in at such meeting. 

It shall be the duty of the clerk to record all proceed- 
ings and certify the ballots given in at any election, in a 
book to be provided by the city for that purpose ; to 
deliver to each person elected alderman, common council- 
man or ward officer, within forty-eight hours after his 
election, a certificate thereof, signed by the warden, clerk 
and a majority of the inspectors; to enter upon the Avard 
records, in open ward meeting, the names of all persons 
receiving votes, the number of votes cast for each person, 
written in words at length, and the title of the office for 
which he is proposed ; and a transcript of such record, 
certified by the warden, clerk and a majority of the 
inspectors, shall forthwith be delivered by such ward clerk 
to the city clerk. On the expiration of his term of office, 
the ward clerk shall deliver all books, records, documents, 
papers and other things held by him in his capacity as said 
clerk, to the city clerk, by whom, such of them as need 
be, shall be delivered to the new ward clerk. 

It shall be the duty of the inspectors of elections to 
assist the warden in receiving, assorting and counting the 
ballots given in at any election. 

Section 8. If at any meeting the warden shall not be 
present, the clerk of said ward shall call the meeting to 
order, and preside until a warden jwo tempore shall be 
chosen, and if at any meeting the clerk shall not be 
present, a clerk jpro tempore shall be chosen, and if both 
the warden and clerk shall be absent, the senior in age of 
the inspectors of elections of said Avard present may pre- 
side until a warden pro tempore shall be chosen ; and in 
case of the absence of all said officers, the constable who 
returns the warrant may call the meeting to order and pre- 
side until a warden 7}ro tempore shall be chosen ; and when- 
ever any of the inspectors shall be absent, his office shall 
be filled pro tempore. All ward officers shall be chosen 
by ballot. 

Skctiox 9. It shall be the duty of the city clerk forth- 
with to enter the copies of the records of the several wards 



I 



1876.— Chaptek 211. 199 

received from the ward clerks, certified as aforesaid, or a upon journal of 

,.,,..,,, /» 1 1 • 1 i» Ijoard of alder- 

IDlain and iiitelligible abstract or them, upon the journal ot men, 
the board of aldermen, or a book kept for that purpose. 

Section 10. Within two days after any election for Election of 
mayor, the board of aldermen shall examine the returns of ™^^°'"" 
votes from the several wards, and shall cause the person 
who received the highest number of votes for mayor to be 
uotitied in writing of his election. If it shall appear by 
said returns that no person is elected, or if the person 
elected omits or declines to accept the office within seven 
days after the notification aforesaid, the board shall cause 
the fact to be entered upon the records of the city, and 
shall issue their warrant for a new election, and the same 
proceedings shall be had in all respects as are provided 
with reference to the first election for mayor; and so on, 
from time to time, until a mayor is chosen who accepts 
the office. 

Section 11. The mayor shall be the chief executive Mayor to be 
officer of said city. It shall be his duty to be vigilant and officer onhe"" 
active in causing the laws, ordinances and regulations of '^'^^• 
the city to be duly executed and enforced, to exercise a 
general supervision over the conduct and acts of all subor- 
dinate officers, to examine into all complaints preferred 
against them for violation or neglect of duty, and as far as 
is in his power, cause all negligence, carelessness or viola- 
tion of duty to be duly prosecuted and punished ; and 
whenever in his judgment the good of the city may require 
it, he may call meetings of the city council, or either 
branch thereof, by causing a written notice to be left at 
the place of residence of each member, or delivered to him 
in person, although the meeting of said branches, or either 
of them, may stand adjourned to a more distant day ; and 
he shall perform such other duties as the city council may 
legally and reasonably require. The mayor from time to 
time shall communicate to the city council or either branch 
thereof, all such information, and recommend all such 
measures, as in his opinion may tend to the improvement 
of the finances, the police, health, security, cleanliness, 
comfort, government and ornament of the city. He shall, To preside in 
when present, preside in the board of aldermen and in con- n°e^{ and in cob. 
vention of the two branches of the city council, but shall ^<'"'^i°°- 
have no right to vote. In all cases in which appoint- 
ments are directed to be made by the mayor and aldermen, 
the mayor shall have exclusive power of nomination, sub- 



200 



1876.— Chapter 211. 



Orfifanization 
of city govern- 
meut. 



Aldermen to 
elect a chair- 
mau. 



Common coun- 
cilmen to elect 
a president. 



ject however to confirmation or rejection by the board 
of aldermen ; but if a person so nominated shall be 
rejected, it shall be the duty of the mayor to make another 
nomination within one month from the time of such rejec- 
tion. 

Section 12. The persons returned to serve as alder- 
men and members of the common council shall, on the 
first Monday of January, at ten o'clock in the forenoon, 
meet in their respective rooms ; the board of aldermen 
shall be called to order by the mayor elect, or in his 
absence, by the senior member ; the common councilmen 
shall be called to order by the senior member, and on the 
appearance of a quorum of each branch, notice shall be 
communicated to the other of that fact, and the two 
branches shall then forthwith meet in convention. If no 
mayor who accepts the office has been chosen prior to said 
first Monday in January, the city clerk shall read the 
record of that fact in presence of the persons assembled ; 
otherwise the oath of office shall be administered to the 
mayor elect by the city clerk or by any justice of the peace. 
The oath of office shall be administered to the members 
present by the mayor or by any justice of the peace ; and a 
certificate thereof shall be entered in the journals of the 
board of aldermen and of the common council by their 
respective clerks. 

Section 13. After the organization of the city govern- 
ment as aforesaid, the two branches shall separate, and 
the persons chosen and qualified as aldermen shall meet, 
and when a quorum shall be present, said board shall pro- 
ceed to choose one of their number as permanent chair- 
man, who shall, in the absence of the mayor, preside at all 
meetings of said board, and in convention of the two 
branches, and in case of any vacancy in the office of mayor 
for any cause, he shall exercise all the powers and perform 
all the duties of said office as long as such vacancy shall 
continue ; and he shall always have a vote in said board, 
and in convention of the two branches, but shall not in 
addition have a casting vote. In the absence of the mayor 
and chairman of the board of aldermen, said board may 
choose a chairman pro teivpore. 

Section 14. The persons chosen and qualified as com- 
mon councilmen shall meet and aet together as a separate 
body, distinct from the board of aldermen, except in those 
cases in which the two bodies meet in convention : and the 



1876.— Chapter 211. 201 

common council shall have power from time to time to 
choose by ballot one of their number as president, who 
shall preside over their deliberations and preserve order 
and decorum therein. The city auditor shall be clerk of 
the common council, and shall be sworn to the faithful dis- 
charge of his duties as such. It shall be the duty of the 
clerk to attend said council when the same is in session, to 
keep a journal of its acts, votes and proceedings, and to 
perform such other duties in said capacity as said council 
may require. In the absence of the clerk, a clerk ])ro 
tempore may be chosen and shall be duly qualified. 

Section 15. In case of the decease or resignation of vacancy in the 
the mayor, or of his inability to perform the duties of his ° '^^'^ mayor, 
office, the board of aldermen and common council shall 
respectively by vote declare that a vacancy exists in said 
office, and the cause thereof, Avhereupon the board of alder- 
men shall issue their warrants in due form for the election 
of mayor, and the same proceedings shall be had as are 
hereinbefore provided for the choice of mayor, and the 
mayor thus elected shall hold his office during the remain- 
der of the municipal year, and until another is chosen and 
qualified in his stead. 

Section 16. Whenever it shall appear to the board of vacancy in the 
aldermen that there is a vacancy, by removal from the city, 
'or by death, resignation or any other cause, in the board council 
of aldermen or common council, it shall be the duty of the 
board of aldermen to issue their warrants to till such 
vacancy, and the same proceedings shall be had as are 
hereinbefore prescribed for the election of aldermen and 
common councilmen. And the person elected to fill such 
vacancy shall be sworn to the faithful discharge of the 
duties of his office, and may serve for the unexpired 
term. 

But in case of a vacancy in the common council, such 
warrant shall not be issued until the board of aldermen 
receive notice thereof from said council. 

Section 17. Any person chosen a member of the Aldermen and 
board of aldermen or of the common council, who shall quXiiVd at "^"^ 
not l)e qualified at the organization of the city council on ^'ay be qualified 
the first Monday in January, or who, after said organiza- subsequently. 
tion, shall be elected to fill a vacancy in either of said 
boards, may be qualified at any time by the mayor in 
presence of the board of aldermen. 

26 



board of alder- 
men or common 



202 



1876.— Chapter 211. 



Each 'board to 
judge of election 
of members. 



Quorum. 



City council to 
fix compensa- 
tion and detine 
duties of officers. 



Members of city 
council not to 
hold city office 
of emolument. 



City to take care 
that money shall 
not be paid from 
the treasury 
uidcss appro- 
priated. 



Executive 
power to be 
vested in mayor 
and aldermen. 



Section 18. Each board shall keep a record of it.s pro- 
ceednigs, and judge of the returns, electious and qualifica- 
tions of its own members. 

Section 19. A majority of each branch of the city 
council shall constitute a quorum for doing business. 

Section 20. The city council shall fix the compensa- 
tion of all officers, and shall define their duties, so far as 
the same are not determined by the laws of the Common- 
wealth, and all sums of money received by any officer in 
his official capacity from any source, shall be duly ac- 
counted for and paid over to the city treasurer monthly : 
provided, that no compensation shall be paid to members 
of the common council ; and provided, further, that the 
salary of the mayor shall not be changed after the last 
Monday in November. 

Section 21. No member of the board of aldermen or 
common council, shall at the same time hold any office of 
emolument, the salary of which is paid from the treasury 
of the city ; and the acceptance of any such office by any 
alderman or common .councilman shall be deemed and 
taken to be a resignation of his seat, and the place so 
vacated shall be filled as hereinbefore provided. 

Section 22. The city council shall take care that 
m.oney shall not be paid from the treasury unless granted 
or appropriated ; shall secure a just and prompt nr-count- 
ability, by requiring bonds with sufficient penalties and 
sureties from "all persons intrusted with the receipt, custo- 
dy or disbursement of money ; shall have the care and 
superintendence of all city buildings, and the custody and 
management of all city property, with power to let or sell 
what may be legally let or sold ; and to purchase property, 
real or personal, in the name and for the use of the city, 
whenever its interests or convenience may in their judg- 
ment require it ; and the city council shall, as often as 
once a year, cause to be publibhod, for the use of the in- 
habitants of the city, a particular account of receipts and 
expenditures, and a schedule of city property and the city 
debts. 

Section 23. The executive power of said city gen- 
erally, together with the administration of the police, and 
all the powers vested in the selectmen of towns by the 
laws of the Commonwealth, shall be, and hereby are, 
vested in the mayor and aldermen as fully as if the same 
were herein specially enumerated, and the mayor and 



1876.— Chapter 211. 203 

aldermen shall have full and exclusive power and authority 
to appoint a city marshal, and such number of assistant 
marshals, constables and police officers as they shall deem 
expedient ; and the same may be removed by the mayor, 
or l>oard of aldermen, when such officers do not faithfully 
and efficiently perform their duties. The mayor and alder- constables, etc., 
men may require any person who may be elected or ap- "o'lwe^bonds?^ 
pointed marshal or constable of the city, to give bonds for 
the ftiithful discharge of the duties of his office, with such 
surety and to such an amount as they may deem reason- 
able and proper, upon which bonds the like proceedings 
and remedies may be had as are by law provided in the 
case of constables' bonds taken by the selectmen of towns. 

Section 24. All other powers vested in the inhabitants powers vested 
of towns in this Commonwealth, and all powers granted ves\°ed^nmayor, 
by this act, shall be vested in the mayor, aldermen and eommorcoun- 
common councilmen of said city, to be exercised by con- "i. 
current vote, each board to have a negative upon the 
other; but the city council shall annually, as soon after 
their organization as may be convenient, elect by joint 
ballot, in convention, a city clerk, a city treasurer, col- 
lector of taxes, auditor, city solicitor, city physician, and 
one or more surveyors of highways, and shall, in such 
manner as the city council may determine, by ordinance 
made for that purpose, elect all other officers necessary for 
the good government, peace and health of the city, not 
herein otherwise directed, who shall hold their offices for 
the term of one year from the first Monday of March of 
each year, and until their successors shall be chosen and 
qualified : pi'ovided, however, that any officer elected by 
the city council, may be removed at any time by said 
council for sufficient cause ; and in case of the death, resig- 
nation or removal of any officer elected by the city coun- 
cil, his place may be filled in the manner provided in this 
section for the election of city officers, and any person so 
elected shall hold office only for the unexpired term. 

Section 25. The city clerk shall be sworn to the ftiith- citycierktobe 
ful discharge of the duties of his office. He shall have ^^^^rge ^f "f^^ 
charge of all journals, records, papers and documents of ords. 
the city, sign all warrants issued by the mayor and alder- 
men, and do such other acts in his said capacity as the city 
council may lawfully and reasonably require of him, and 
shall deliver all journals, records, papers and documents, 
and other things intrusted to him as city clerk, to his sue- 



204 



1876.— Chapter 211. 



To be clerk of 
board of alder- 
men. 



Assessors of 
taxes. 



School com- 
mittee. 



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. 

27 



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 



2U 



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- 

28 



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 

29 



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. 

32 



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. 



Register to be 
kept showing 
number, date, 
rate of interest, 
etc., of bonds 
issued. 



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, .... 

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 



24 



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, 



h, 



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 


00 


3,510 00 


576 


00 


1,674 00 


576 


00 


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 

I 

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 



35 



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 



I 



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. 

38 



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 



OF 



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. 

39 



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 



I 



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 

40 



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- 



I 



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 

41 



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 

43 



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 

44 



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, 



I 



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. 

45 



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