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

ACTS 



RESOLVES 



PASSES BY THE 



dl^n^nil ^awrt of ^n%u\m%tih, 



IN THE YEAR 



1 8 r T, 

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 : 

ALBERT J. WRIGHT, STATE PRINTER, 
79 Milk Street (corner of Federal). 

1877. 



A CONSTITUTION 



FORM OF GOVERNMENT 



Commontoealtfj of JHassacfjusetts* 



PEEAMBLE. 

The end of the institution, maintenance and admiuistra- 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 ^°^^fP°^'eJj''' 
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 



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 csta])lish the fol- 
lowing Declaration of HigJtts and Frame of Government, as 
the Constitution of the Cojoionwealtii of IMassachu- 

SETTS. 



Equality and 
natural rights 
of all men. 



Right and duty 
of public relig- 
ious worship. 



Protection 
therein. 



PART THE FIRST. 

A Declaration of the Rights of the Inhabitants of the Com- 
monwealth of Massac] lu setts. 

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 tine, that of seeking and obtaining 
their safety and happiness. 

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

[III.* As the happiness of a people, and tlie gooil order and preser- 
vation of civil government, essentially depend npon piety, religion and 
morality ; and as these cannot be gonorally dilVused through a com- 
mnnity, l)Ut by the institution of tlie i)ublic worshij) of(iOD, and of 
Legislature em. pul)lic instrnctioiis in piety, religion and morality : Tlierefore, to pro- 
perin'ovision'for "i<*t'<^ their happiness, and to secure the good oinler and jjreservation 
public worship; of their Government, the i)eople of this Conmionwcalth have a right to 
invest their legislature with power to authorize and recjuire, and the 
legislature shall, I'rom time to time, authorize and require tlie several 
towns, i)ai-islies, i)reL-incts, and other bodies politic, or religious socie- 
ties, to make suitable provision, at their own expense, for the institu- 
tion of the jjublic worship of GOD, aud for tlie suppoi't and mainte- 

* Note. — Articles of the original constitution and articles of amend- 
ment thereto which have become inoperative, by reason of subsequent 
amendments, are printed in smaller type and enclosed in brackets : 
obsolete 2>orlions of articles, in some instances confined to a sentence 
or single word, arc covered by brackets, but allowed to stand in type 
uniform with the matter still in force. 



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



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 legi3lature 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 instructions they 
can conscientiously and conveniently attend. 

Provided, notwithstanding, that the several towns, parishes, pre- Exclusive right 
cincts, and other bodies politic, or religious societies, shall at all times, 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 sul)ject, to the sui:)port of public worship. Option as to 
and of the pul)lic teachers aforesaid, shall, if he require it, be uniformly ^^xe'"r?_^"^°u'^'^' 
applied to the support of the public teacher or teachers of his OAvn re- p^aid^ Mi'iess.'&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 jjarish or j^recinct in which the said moneys 
are raised. 

And every denomination of Christians, demeaning themselves peace- ^oiis'^e°u°a"^' 
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.] ant°ther^prV-° 

rV. The people of this Commonwealth have the sole and Rigbt of seif. 
exclusive right of governing themselves as a free, sovereign Secure ™^°* 
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 

!• i-Tj? J.1 J.1 1 "ji 1 m of all officers, &c 

being deriVG(-l irom them, the several magistrates and om- 
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- pubTic bdng the 
elusive privileges, distinct from those of the community, pecuiVaipdvi- 
than what arises from the consideration of services rcn- [ar*^fl5ce"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. 

VII. Government is instituted for the common good ; ^rnmem°^^ffht 
for the protection, safety, prosperity and happiness of the of people to 

tz-'j-it/ ii institute and 

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



CONSTITUTION OF THE 



Right of people 
to secure rota- 
tion in office. 



All, having the 
qualifications 
proscrji)t'(l, 
equally eligible 
to office. 



Right of protec- 
tion and duty of 
contrilnition 
correlative. 



Taxation found- 
ed on consent. 



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

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



Prosecutions 
regulated. 



Yin. In order to prevent those who are vested with 
authority from ])ecoming 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 enjoj^ment of his life, liberty and 
property, according to standing laws. He is obliged, con- 
sequently', to contribute his share to the expense of this 
protection ; to give his personal service, or an equivalent, 
when necessary : but no part of the property of any indi- 
vidual can, with justice, be taken from him, or applied to 
public uses, without his own consent, or that of the repre- 
sentative body of the people. In line, the people of this 
Commonwealth are not controllable by any other laws than 
those to which their constitutional representative bod}' have 
given their consent. And whenever the public exigencies 
require that the property of any individual should be 
approjiriated to public uses, he shall receive a reasonable 
compensation therefor. 

XI. Every subject of the Commonwealth ought to find 
a certain remedy, by having recourse to the laws, for all 
injuries or wrongs which he may receive in his person, 
property or character. He ought to obtain right and jus- 
tice freel}'^, and without being ol)ligcd to purchase it; com- 
pletely, and without any denial ; promptly, and without 
delay; conformably to the laAvs. 

XII. No suliject shall be held to answer for any crimes 
or offence until the same is fully and plainh", 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 by himself, or his counsel, at 
his election. And no subject shall bo arrested, imprisoned, 
despoiled or deprived of his property, immunities or privi- 
leges, put out of the protection of the law, exiled or de- 
prived of his life, liberty or estate, but by the judgment of 
his peers, or the law of the land. 



COMMONWEALTH OF MASSACHUSETTS. 7 

And the les^islature shall not make any law that shall Right to trial by 

1., ^ , .ji ' r •! i jury, iu 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 vidnity.'" ^ ^ 
securities of the life, liberty and property of the citizen. 

XIV. Every subject has a right to he secure from all ^!ft°^ ^^^''''^ 

J J o /• 1 • 1 ^^ seizure reg- 

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 iu suspected places, or to arrest one or 
more suspected persons, or to seize their property, be not 
accompanied W'ith 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 cep^&c"*^ '^^' 
in which it has heretofore been otherwaj's used and 
l^ractised, the parties have a right to a trial by jury ; and 

this method of procedure shall be held sacred, unless, iu 
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 iu this Commonwealth. 

XVII. The peo])le have a right to keep and to bear Right to keep 

n ,t in A -I • J • i> fi'itl bear arms. 

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

XVin. A frequent recurrence to the fundamental ^o°ns^fo^"office.^ 
principles of the constitution, and a constant adherence to 
those of piety, justice, moderation, temperance, industry 
and frugality, are absolutely necessary to preserve the ad- 
vantages of liberty, and to maintain a free government. 
The people ought, consequently, to have a particular at- 
tention to all those principles, in the choice of their officers 
and representatives : and they have a right to require of J^rns^onaw"^ 
their lawgivers and magistrates, an exact and constant ob- ^ag[gtra"te8. 



8 CONSTITUTION OF THE 

servance of them, in the formation and execution of the 
laws necessary for the good administration of the Com- 
monwealth. 
rofns\ruc?t'^r?pf XIX. Thc pcoplc havc a right, in an orderly and 
rcsontatives and peaccablc manner, to assemble to consult upon the com- 
turc.'''" *^^'^ ^" mon good ; give instructions to their representatives, and to 
request of the legislative body, by the way of addresses, 
petitions or remonstrances, redress of the wrongs done 
them, and of the grievances they suffer. 
Power to sus- XX. The power of suspending the laws, or the execu- 
their execution, tiou of the laws, ought ucvcr to Ijc cxcrcised 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. 
FreedOTn of de- XXI. Thc freedom of deliberation, speech and debate, 
reason thereof, in either liousc of the legislature, is so essential to the 
rights of the people, that it cannot be the foundation of 
any accusation or prosecution, action or complaint, in any 
other court or place whatsoever. 
Frequent ees- XXII. The le^^islaturc ouirht frequently to assemble 

Bions, and ob- /» , -, n • /• -^ . "^ 

jects thereof, tor the rcdrcss oi grievances, lor correctnig, strengthen- 
ing and confirming the laws, and for making new laws, as 
the common good may require. 

Taxation found- XXIII. Xo subsidy, chargc, tax, impost or duties 
ought to be established, fixed, laid or levied, under any 
pretext whatsoever, without the consent of the people, or 
their representatives in the legislature. 

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

awspro lie. ^^^ existeucc of such laws, and which have not been de- 
clared crimes by preceding laws, are unjust, oppressive 
and inconsistent with thc fundamental principles of a free 
government. 

Legislature not XXV. No subjcct ouo;ht, lu auy case, or in any time, 

to convict of Jo'./' ./ ' 

treason, &c. to bc declared guilty of treason or felony by the legisla- 
ture. 
Excessive bail XXVI. Xo magistrate or court of law shall demand 

or fines, and • i m x- • • r^ • ii* j. 

cruel punish, cxccssivc bail or surctics, mipose excessive tines, or intlict 
h]bHcd.'^'°' cruel or unusual punishments. 

No soldier to be XXVII. Ill tiuic of pcacc, 110 soldicr ought to bo 
hou8e"uLicB8,"^ 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 thc 

legislature. 
Citizens exempt XXVIII. No pcrsou cau ill aiiv case be subjoctcd to 
iiarunkV8'i"i^c. law-mai'tial, or to aiiy penalties or pains, by virtue of tliat 



COMMONWEALTH OF MASSACHUSETTS. 9 

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

XXIX. It is essential to the preservation of the rights Judges of su- 
of every individual, his life, liberty, property and charac- court? ■'"'^'''"*^ 
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 dkiaiamik^gis- 
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 lesrislation shall be formed Legislative do- 

t 1 1 n 1 TT i> T-> i x- partment. 

Dy two branches, a benate and House ot Kepresentatives ; 
each of which shall have a negative on the other. 



10 



CONSTITUTION OF THE 



See amend- 
ments, Art. X. 



Governor'e veto. 



Bill may be 
passed by two- 
tliirds of each 
house, iiotwith- 
Btanding. 



See amend- 
ments, Art. I. 



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



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

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

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



III. 



The general court shall forever have full power 



Courts, &c., may 

administer 

oaths. 



and authority to erect and constitute judicatories and courts 
of record, or other courts, to be held in the name of the 
Commonwealth, for the hearing, trying and determining 
of all manner of crimes, ofiences, pleas, processes, ])laints, 
actions, matters, causes and tilings, whatsoever, arising or 
hai)peniiig within the Commonwealth, or between or con- 
cerning persons inhabiting or residing, or brought within 
the same ; whether the same bo criminal or civil, or whether 
the said crimes l)e capital or not capital, and whether the 
said pleas be I'cal, personal or mixed ; and for the award- 
ing and making out of execution thereu})i)n : to which 
courts and judicatories are hereby given and granted full 



COMMONWEALTH OF MASSACHUSETTS. 11 

power aucl autbority, from time to time, to administer 
oaths or atfirmations, 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 
^iveu and granted to the said general court, from time to &c.f '^"'"^' '''^*' 
time, to make, ordain and establish all manner of wholesome 
and reasonable orders, laws, statutes and ordinances, direc- 
tions and instructions, either with penalties or without, so 
as the same be not repugnant or contrary to this constitu- notrcpngnantto 
tion, as they shall judge to be for the good and welfare of ^'^°"*'''"^*<^"; 
this Commonw^ealth, 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 hxAvs, for the may proyuie for 
naming and settling, all civil officers within the said Com- appoim'meut'of 
monwealth, the election and constitution of whom are not °^°""*; 
hereafter in this form of government otherwise provided 
for; and to set forth the several duties, powers and limits, prescribe their 
of the several civil antl military ofiicers 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- "^'''^' 
modifies whatsoever, brought into, produced, manufac- 
tured, or being within the same; to be issued and dis- to be disposed 
posed of by warrant, under the hand of the governor of protection,"&c. 
this Commonwealth, for the time being, wdth the advice 
and consent of the council, for the public service, in the 
necessary defence and support of the government of the 
said Commonwealth, and the protection and preservation 
of the subjects thereof, according to such acts as are or 
shall be in force wdthin the same. 

And while the public charges of government, or any valuation of es- 
part thereof, shall be assessed on polls and estates, in the y'*e:irs°at'ieastr 
manner that has hitherto been practised, in order that such ""'^''®' ^°* 
assessments may be made with equalit}^, 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 II. 



Senate, number 
of, andiywhom 
elected. 

See amend- 
ments, Arts. 
XIII., XVI. 
andXXn. 



Counties to be 
districts, until, 
&c. 

See amend- 
ments, Arts. 
XlU.audXXn. 



Manner and 
time of choosing 
senators and 
councillors. 

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



See amend- 
mcnts,Art8.in.| 
XX., XXIII. 
and XXIV. 



Word "inhabi- 
tant " detiaed. 



Senate. • 

[Art. I. There shall be annually elected, by the freeholders and 
other inhaljitants of thisConimonwealth, qualified as in tliis coustitutiou 
is provided, forty persons to be councillors and senators, for the year 
ensuing their election \ to be chosen by the inhabitants of the districts, 
into which the Commonwealth may, from time to time, be divided by 
the general court for that purpose : and the general court, in assigning 
the numbers to be elected by the respective districts, shall govern 
themselves by the proportion of the public taxes paid Ijj' the said dis- 
tricts ; and timely make known, to the inhabitants of the Common- 
wealth, the limits of each district, and tlie numljer of councillors and 
senators to be chosen therein : provided, that the number of such dis- 
tricts shall never be less than thirteen ; and that no district be so 
large as to entitle the same to choose more than six senators. 

And the several counties in this Commonwealth shall, until the 
general court shall determine it necessary to alter the said districts, be 
districts for the choice of councillors and senators, (except that the 
counties of Dukes county and Nantncket'shall form one district for 
that purpc^e,) and shall elect the following number for councillors 
and senators, viz. : — 

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

II. The Senate shall be the first branch of the legisla- 
ture ; [and the senators shall be chosen in the following 
manner, viz. : there shall be a meeting on the first INlon- 
clay in April, annually, forever', of the inhabitants of each 
town in the several counties of this Commonwealth, to be 
called by the selectmen, and warned in due course of law, 
at least seven days before the first ISIonday in April, for 
the purpose of electing persons to be senators and coun- 
cillors ; and at such meetings every male inhabitant of 
twenty-one years of age and upwards, having a freehold 
estate, within the CommonAveallh, of the annual income of 
tlirce pounds, or any estate of the value of sixty pounds, 
shall have a right to give in his vote for the senators for 
the district of which he is an inhabitant.] And to remove 
all dou])ts concerning the meaning of the word "inhab- 
itant," in this constitution, every person shall be considered 
as an inhabitant, for the purpose of electing and being 
elected into any ollico 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 numl)er 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 Soe amend. 
superscription expressing the purport of the contents '""'>'^> ^'t- ^• 
thereof, and delivered by the town clerk of such towns, to Amendments, 
the sheriff of the county in which such town lies, thirty '^"•-^' 
days at least before [the last AVednesday in May, annu- 
ally, or it shall be delivered into the secretary's office 
seventeen days at least before the said last Wednesday in 
May ; and the sheriff of each county shall deliver all such 
certificates, by him received, into the secretary's office, 
seventeen days before the said last "Wednesday in May.] 

And the inhabitants of plantations unincorporated, qual- inhabitants of 

,.■•• ■»• 1111 unincorporated 

med as this constitution provides, who are or shall be piantations,-who 

T 1 • 1 u. J. J.1 1 pay State taxea, 

empowered and required 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 sel*"amend. 
Monday in April,] at such place in the plantations, re- ments, Art. x. 
spectively, as the assessors thereof shall direct; which AsseBBors to 
assessors shall have like authority for notifying the elect- ^°^y' ^°- 
ors, collecting and returning the votes, as the selectmen 
and town clerks have in their several towns, by this con- 
stitution. And all other persons living in places unincor- 
porated, (qualified as aforesaid,) who shall be assessed to 
the support of government, by the assessors of an adja- 
cent town , shall have the privilege of giving in their votes 
for councillors and senators, in the town where they shall 
be assessed, and be 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- amine and count 
ernor, with five of the council, for the time being, shall, Jummonses!^^"* 
as soon as may be, examine the returned copies of such 



14 



CONSTITUTION OF THE 



Bee amend, 
mcnts, Art. X. 



Senate to be 
final judge of 
ek'ctionr^, &c., 
of ita owu mem- 
bers. 



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

Vacancies, how 
fiUcd. 



Qualifications of 
a senator. 
See amend- 
ments, Arts. 
XlU.andXXU. 



Senatenot to ad- 
journ more than 
two days. 



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

IV. The senate shall be the final judge of the elections, 
returns and qualifications of their own members, as pointed 
out in the constitution ; and shall, on the said [last "Wednes- 
day in May,] annually, determine and declare who are 
elected by each disti-ict to be senators, [l^y 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 Avanting, 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 
Commomvealth ; 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 least, or of both to the amount of the same 
sum, and] who has not been an inlial)itant of this Com- 
monwealth for the space of five years immediately pre- 
ceding his election, and, at the time of his election, he 
shall be an inhabitant in the district for which he shall bo 
chosen. 

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



COMMONWEALTH OF MASSACHUSETTS. 15 

VII. The senate shall choose its own president, appoint sh&n choose iu 

., rr. iii-'i 1 ly 1 ofliccTS and es- 

its own oincers, and determine its own rules oi proceed- tabush its rules. 
ings. 

VIII. The senate shall be a court with full authority shaii try aii im. 
to hear and determine all impeachments made by the ^ ^'^ 
house of representatives, against any officer or officers of 

the Commonwealth, for misconduct and mal-administratioa 

in their offices ; but, previous to the trial of every impeach- ^^''^• 

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 HI. 

House of RejDresentatives, 

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

[II. And in order to provide for a representation of tlie citizens of Representa- 
this Commonwealth, founded upon the principle of equality, every cor- chosenf ^^°™ 
porate town, containing one hundred and fifty ratal^le 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 !^^"^^'J^''*^' 
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 ; i°'^'Jl'^*V/(f 
but no jilace shall hereafter be incoi'porated 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 iiabie 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 

^u?i''"to°amr' ^^^ expenses of travelling to the general assembly, and 
from the general rctuming liome, oncc in every session, and no more, shall 
owpai . ^^^ Yidid l)y the government, out of the public treasury, to 
every member "svho shall attend as seasonably as he can, in 
the judgment of the house, and does not depart without 
leave. 
Qualifications of HI. Evcry mcmbcr of the house of representatives shall 
tivc'.^VcT '^ be chosen by "written votes ; [and, for one year at least next 
^Arts. xjiL,' preceding his election, shall have been an inhabitant of, and 
XIV. and XXI. jjj^ye ijccn seised in his own right of a freehold of the value 
of one hundred pounds, within the town he shall be chosen 
to represent, or any ratable estate to the value of two hun- 
dred pounds ; and he shall cease to represent the said town, 
immediately on his ceasing to be qualilied as aforesaid.] 

Qualifications of [IV. Every male person being twenty-one years of iig;Q, antl resi- 

a voter. dent in any particular town in this Commonwealth, lor the space of 

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

Boo amend- of sixty pounds, shall have a right to vote in the choice of a reiJresen- 

ments.Arts.m., tative or representatives for the said town.] 

Rcp'resrata^^^' V^' ^^^'^ members of the house of representatives shall be chosen 

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

chosen. nesday of that month.] 

Bco amend- '' -* 

mTxv;'^*^' ^" "^I- The house of representatives shall be the grand 
to "each """^ ''^^ inquest of this Commonwealth ; and all impeachments made 

by them shall be heard and tried by the senate. 
House to origi- VII. All moucy bills shall orii2:inato in the house of 

nate all money ... i < j_i ^ 

bills. representatives ; but the senate may propose or concur 

with amendments, as on other bills. 
Not to adjourn VIIT. Thc liouse of representatives shall have power 
days at a time, to adjoum tlicmselves, provided such adjoin*nment shall 

not exceed two days at a time. 

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

Bee amend- shall constitute a fiuorum for doing business.] 

ments, Art. ^ o j 

umi^se to judge X. The housc of rcprosentativcs shall be the judge of 
ofiu'own'mJ'm- ^^^ rctums, clcctions andqualihcations of its own members, 
bers; to choose as poiutcd out iu tlic coustitutiou ; shall cliooso their own 

Its officers and '■ . .■!• /»» liii i i 

establish its spcakcr, appoint their oAvn omccrs, and settle the rules and 
MayViniVhfor oixlcrs of procccding in their own house. They shall have 
certain oflenccs. authority to puuisli by imprisonment, every person, not a 
member, who shall be guilty of disrespect to the house, by 
an}'' disorderly or contemptuous behavior in its presence ; 
or who, ill the town where the general court i.s sitting, and 
duriiiii^ the time of its sitliuii:, 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 anv of them there- 



COMMONWEALTH OF MASSACHUSETTS. 17 

for; or who shall assault or arrest auy 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 ^^j^^^^f^g* **^ 
arrested, or held to bail on mean process, during his going 
unto, return from, or his attending, the general assembly. 

XL The senate shall have the same powers in the like senate. 
cases ; and the governor and council shall have the same Governor nnd 
authority to punish in like cases: provided, that no im- jX/ish.'"''^ 
prisonment, on the warrant or order of the goveriior, coun- General iimita- 
cil, senate or house of representatives, for either of the 
above described offences, be for a term exceeding thirty 
days. 

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

. A . -,..', "^ committee, or 

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



CHAPTER II. 

EXECUTIVE POWER. 

Section I. 

Governor. 

Art. I. There shall be a supreme executive magistrate. Governor. 
who shall be styled — The Governor of the Common- nis tuie. 
WEALTH OF MASSACHUSETTS ; and whose title shall be — 
His Excellency. 

II. The governor shall be chosen annually ; and no per- To be cbosen 
son shall bo eligible to this office, unless, at the time of his ^^'^^'^ ^' 
election, he shall have been an inhabitant of this Common- Qualifications. 
wealth for seven years next preceding ; and unless he shall, 
at the same time, be seised, in his own right, of a freehold, 
within the Commonwealth, of the value of one thousand 
pounds ; fand unless he shall declare himself to be of the see amend- 

/^i • J. "-■,.. -, ments, Art. Vn, 

Christian religion.] 

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



18 



CONSTITUTION OF THE 



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



How chosen, 
■when no person 
has a majority. 



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



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

See amend- 
ments, Art. X. 



See omcnd- 
Qients, Art. X. 



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

IV. The governor shall have authority, from time to 
tiDie, 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 last "Wednesday in May ; and, in 
the recess of the said court, to prorogue the same from time 
to time, not exceeding ninety days in any one recess ;] and 
to call it together sooner than the time to which it may be 
adjourned or i)rorogucd, if the welfare of the Conmion- 
weallli shall rc(]niie the same ; and in case of any infectious 
disteniijcr prevailing in the place where the said court is 
next at any time to convene, or any other cause happening, 
whcrel)y danger may arise to the health or lives of the 
members from their attendance, he may direct the session 
to be held at some other the most convenient place within 
the State. 

[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 clisa2;reement between the two houses, Governor and 

., n,,i •, T ±' jy T council may ad- 

With regard to the necessity, expediency or time ot adjourn- joum tho gen- 
ment or prorogation, the governor, with advice of the cases!&c.Uut 
council, shall have a right to adjourn or prorogue the gen- ""uVty^IaJs?^ 
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 array and IZT'"'^""'''" 
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 Conimon- 
Avealth, to asseml^le in martial array, and put in Avarlike 
posture the inhabitants thereof, and to lead and conduct 
them, and with them, to encounter, repel, resist, expel and 
pursue, by force of arms, as well by sea as by land, within 
or without the limits of this Commonwealth, and also to 
kill, slay and destroy, if necessary, and conquer, by all fit- 
ting ways, enterprises and means whatsoever, all and every 
such person and persons as shall, at any time hereafter, in 
a hostile manner, attempt or enterprise the destruction, in- 
vasion, detriment or annoyance of this Commonwealth ; and 
to use and exercise, over the army and navy, and over the 
militia in actual service, the law-martial, in time of war or 
invasion, and also in time of rebellion, declared by the 
legislature to exist, as occasion shall necessarily require ; 
and to take and surprise, by all ways and means whatso- 
ever, all and every such person or persons, with their ships, 
arms, ammunition and other goods, as shall, in a hostile 
manner, invade or attempt the invading, conquering or 
annoying this Commonwealth ; and that the governor be 
intrusted with all these and other powers incident to the 
offices of captain-general and commander-in-chief, and ad- 
miral, to be exercised agreeably to the rules and regula- 
tions of the constitution, and the laws of the land, and not 
otherwise. 

Provided, that the said governor shall not, at any time Limitation. 
hereafter, by virtue of any power by this constitution 
granted, or hereafter to be granted to him by the legisla- 
ture, transport any of the inhabitants of this Common- 
wealth, or oblio-e 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 oft'cnccs, 
except, &c. 



But not before 
conviction. 



All jutlicial ofS- 
cers, &c., how 
nominated and 
appointed. 
See amend- 
ments, Arts. 
XIV., XVII. . 
and XIX. 



Militia officers, 
how elected. 



See amend- 
ments. Art. V. 



IIow commis. 
Bioned. 



Election of 
oflicers. 



Major-generals, 
how appointed 
and commis- 
sioned. 

Vacancies, how 
filled, in case, 
&c. 



Officers duly 
conimisKioned, 
how removed. 
Bee amciiil- 
ments. Art. IV. 

Adiutaiits, &c., 
how appointed. 



Ad.iti taut-gen- 
erai. 



defence of such part of the State to which thc}^ cannot 
otherwise conveniently have access. 

VIII. The power of pardoning offences, except such as 
persons may l)e convicted of before the senate, by an im- 
peachment of the house, shall be in the governor, by and 
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 expres.sions 
contained therein, descriptive of the offence or offences 
intended to be pardoned. 

IX. All judicial oiBcers, [the attorney- generftl, 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 su1)alterns of the mihtia shall be 
elected by the written votes of the train-band and alarm list 
of their respective companies, [of twenty-one years of age 
and upwards ;] the field officers of regiments shall be elected 
by the written votes of the captains and subalterns of their 
respective regiments ; the brigadiers shall be elected, in like 
manner, by the field officers of their respective brigades ; 
and such officers, so elected, shall be commissioned by the 
governor, "who shall determine their rank. 

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

The major-generals shall be appointed b3''tho senate and 
house of representatives, each having a negative upon the 
other; and be connnissioncd bvtlic governor. 

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

[And no ofllccr, duly commissioned to command in the militia, shall 
be removed Irom liis oHu'e, but l)y the address of botli liouses to the 
p^OYcrnor, or hy lair trial in court-martial, pursuant to the laws of the 
CommonwealtJi for the time being.] 

The commanding 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 conlbdcration °^^ ''pp"'° 
of the United States it is provided that this Commonwealth 
shall appoint, — as also all otiicers of forts and garrisons. 

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

XL No moneys shall be issued out of the treasury of Money, how 
this Commonwealth and disposed of (except such sums as treasiny"^!. 
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-o'eneral, all Pnwic boards 
superintending officers of public magazines and stores, be- cerstomake 
longing to this Common'svealth, and all commanding officers tunle^^ ^ '^^' 
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 £:arri- 
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 imdue influence of any of the mem- *^'"°'^' 

bers of the general court, by a dejjendence 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 



Salaries of jus- 
tices of supreme 
judicial court. 

Salaries to be 
enlarged, if in- 
sufficient. 



concerns — and that he should mahitain 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 
l^urposcs, 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. 



Lieutenant-gov- 
ernor; his title 
and qualifica- 
tions. 



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



How chosen. 



President of 
council. 

Lieuten.nnt-gov- 
crnor a member 
of, except, &c. 



Lieutenant-gov- 
ernor to l)c act- 
ing governor, in 
case, &u. 



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, property, and residence iii the Common- 
wealth, in the same manner with the governor ; and the day 
and manner of his election, and the qualifications of the 
electors, shall be the same as are required in the election of 
a governor. The return of the votes for this officer, and 
the declaration of his election, shall be in the same manner ; 
[and if no one person shall be found to have a majority of 
all the votes returned, the vacancy shall be filled by the 
senate and house of representatives, in the same manner as 
the governor is to be elected, in case no one person shall 
have a majority of the votes of the people to be governor.] 

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

HI. AVheiicvcr the chair of the governor shall be vacant, 
by reason othis death, or a])sciKe from the C'omnionwealth, 
or otherwise, the lieutenant-governor, for the time being, 
shall, during such vacancy, perform all the duties incum- 



COMMONWEALTH OF MASSACHUSETTS. 23 

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



CHAPTER II. 
Section III. 

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

Art. I. There shall be a council, for advising the gov- Coundi. 
ernor in the executive part of the government, to consist Seeam^id- 
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. 

[IT. Nine councillors shall be annually chosen from among the per- Number; from 
sons returned for councillors and senators, on the last Wednesday in whom, aud how 
May, by the joint ballot of the senators and representatives assembled <'i^°*'^'i- 
in one room ; and in case there shall not Ije found, ujjon the first choice. See amend- 
the whole number of nine persons who will accept a seat in the coun- yht^' ^\' xah"' 
cil, the deficiency shall be made up Viy the electors aforesaid from 
among the peoijle at large ; and the numl^er of senators left, shall con- 
stitute the senate for the year. The seats of tlie persons thus elected Senators becom- 
from the senate, and accepting the trust, shall be vacated in the senate.] e"f(,s°vacated^^' 

III. The councillors, in the civil arrangements of the Rankofcouftdi- 
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.] i^ave 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 bo called for, at any time, by either 
house of the legislature ; and any member of the council 

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

VI. Whenever the oflice of the governor and lieutenant- council to cxrr- 
governor shall be vacant l)y reason of death, absence, or of governor, in 
otherwise, then the council, or the major part of them, *^^^^' 
shall, during such vacancy, have full power and authority, 



24 



CONSTITUTION OF THE 



Elections may 
be adjourned 
until, &c. 



Order thereof. 

Amendments, 
Arts. XVI. and 
XXV. 



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

[VII. And whereas the elections appointed to be made by this 
constitution on the last Wednesday in ]\Iay annually, by the two 
houses of the legislature, may not be comi)leted on that day, the 
said elections may bo adjourned IVom day to day, until the same shall 
be completed. And the order of electioiis shall be as IblJows : the 
vacancies in the senate, if any, shall first be tilled up ; tlie governor 
and lieutenant-governor shall then be elected, provided there should 
be no choice of them by the peoi)le ; and afterwards the two houses 
shall proceed to the election of the council.] 



CHAPTER II. 
Section IV. 



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

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



Secretary to 
keep nc'ords ; 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 ])ublic 
accounts, arc their property, no man shall be eligil)le as 
treasurer and receiver-general more than tive ^ears 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. 



• J U 1) I C I Ali Y r O W E K . 

Tenurcof all Art. I. The tciiurc tliut all conunissiou officers sliall 

cerstobec.^- byhiwhavc in their offices shall be expressed in their 

presbed. 



COMMONWEALTH OF MASSACHUSETTS. 25 

respective commissions. All jucliciul officers, duly ap- Judicial officera 
pointed, commissioned and sworn, shall hold their offices IhniMgg.fdrbe. 
dm-iug good behavior, excepting such concerning whom ^"^'°''' ^^'^'^p'' 
there is different provision made in this constitution : pro- May be removed 
vided, nevertheless, the governor, with consent of the °" '^'i^^'^^'*''- 
council, may remove them npon the address of both houses 
of the legislature. 

II. Each branch of the legislature, as well as the gov- Juetices of eu- 
ernor and council, shall have authority to require the couTto"give' 
opinions of the justices of the supreme judicial court, npon requlrel^^"'" 
important questions of law, and npon solemn occasions. 

III. In order that the people may not suffer fi"om the Justices of the 
long continuance in place of any justice of the peace, who of their ofllca 
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 A^oid in the term of seven 
years from their respective dates ; and, npon 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 judofcs of probate of wills, and for gi'anting Provisions for 
letters of administration, shall hold their comis at such ^^ p':"'^"*' 
place or places, on fixed days, as the convenience of the 

people shall require ; and the legislature shall, from time 
to time, hereafter, appoint such times and places ; 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 riagoanddi- 
governor and council until the legislature shall, by law, make other determined, 
provision.] 



CHAPTER IV. 



DELEGATES TO CONGKESS. 



[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 ''""srebs. 
the joint l)all<jt 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 ; Imt may he recalled at any time Avithin the 
year, and others chosen and commissioned, in the same manner, in 
their stead.] 



26 CONSTITUTION OF THE 



CHAPTER V. 

the university at ca3ibridge, and encouragement op 
literature, &c. 

Section 1. 

The University. 

Harvard Col- Art. I. Wliereas GUI' wisG aiicl pious ancestors, so early 

*^^* as the 3'car one tboiisaiid six hundred and thirty-six, laid 

the foundation of Harvard College, in which university 
many persons of great eminence have, by the blessing of 
God, been initiated in those arts and sciences which quali- 
fied them for public employments, both in church and 
state ; and whereas the encouragement of arts and sciences, 
and all good literature, tends to the honor of God, the 
advantage of the Christian religion, and the great benefit 
Powers, privi- of this and the other United States of America, — it is 
piltkient'imd^^ declared, that the President and Fellows of Harvard 
firaQ^*'*'°"' College, in their corporate capacity, and their successors 
in that capacity, their ofiicers and servants, shall have, 
hold, use, exercise and enjoy, all the powers, authorities, 
rights, liberties, privileges, immunities and franchises, 
which they now have, or are entitled to have, hold, use 
exercise and enjoy ; and the same are hereby ratified and 
confirmed unto them, the said president and fellows of 
Harvard College, and to their successors, and to their 
officers and servants, respectively, forever. 
Property de. II. Aud whcrcas tlicrc havc been, at sundry times, by 

divers persons, gifts, grants, devises of houses, lands, tene- 
ments, goods, chattels, legacies and conve^'ances, hereto- 
fore made, cither to Harvard College in Caml)riclge, in 
New England, or to the president and fellows of Harvard 
College, or to the said college, l)y some other description, 
under several charters successively ; it is declared, that all 
Gifts, prantB, the Said gifts, grants, devises, legacies and conveyances, 
coufiimeZ""*'''* ai'e hereby forever confirmed unto the president and fellows 
of Harvard College, and to their successors, in the capacity 
aforesaid, according to the true intent and meaning of the 
donor or donors, grantor or grantors, devisor or devisors. 
Board of Over- HI. And wlicrcas l)y an act of the general court of the 
n^hnn,y'^i'(-n(r- colouy of INIassachusetts Ba}', passed in the year one thou- 
sand six hundred and forty-two, the govcruor and dejMity- 
governor, for the time ])eiug, and all the magistrates of that 
jurisdictiou, Avere, with the president, aud a number of the 



al court of lC-i2. 



COMMONWEALTH OF MASSACHUSETTS. 27 

clerofy 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, uulon.^^ '^"'^^^ 
are, and shall be deemed, their successors ; who, with the 
president of Harvard College, for the time being, together 
with the ministers of the cono-rec-ational churches in the 
towns of Cambridge, Watertown, Charlestown, Boston, 
Eoxbury and Dorchester, mentioned in the said act, shall 
be, and hereby are, vested with all the powers and au- 
thority belonging, or in 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- IhJ'iegiliature? 
monwealth from making such alterations in the govern- 
ment of the said university, as shall be conducive to its 
advantage, and the interest of the republic of letters, in as 
full a manner as might have been done by the legislature 
of the late Province of the Massachusetts Bay. 



CHAPTER V. 
Section U. 

The Encouragement of Literature, die. 

Wisdom and knowledge, as well as virtue, diffused gen- Duty of legisia- 
erally among the body of the people, being necessary for trat'e\''in*^au'fu-^' 
the preservation of their rights and liberties ; and as these g'Je^i'meM/' 
depend on spreading the opportunities and advantages of "^"it^ ^'■*- 
education in the various parts of the country, and among 
the different orders of the people, it shall be the duty of 
legislatures and magistrates, in all future periods of this 
Commonwealth, to cherish the interests of literature and 
the sciences, and all seminaries of them ; especially the uni- 
versity at Cambridge, public schools, and grammar schools 
in the towns ; to encourage private societies and public 
institutions, rewards and immunities, for the promotion of 
agriculture, arts, sciences, commerce, trades, manufactures, 
and a natural history of the country ; to countenance and 
inculcate the principles of humanity and general benevo- 
lence, public and private charity, industry and frugality, 
honesty and punctuality in their dealings ; sincerity, good 
humor, and all social affections, and generous sentiments, 
among the people. 



28 



CONSTITUTION OF I'lIE 



CHAPTER VI. 

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



Declaration of 
executive and 
legislative offi- 
cers. 

See amend- 
ments, Art. VII. 



Declaration and 
oaths of all offi- 
cers. 



See amend- 
ments, Art. VI. 



Art. I. [Any person chosen governor, lieutenant-governor, coun- 
cillor, senator or representative, and accepting the trust, .sliall, before 
he proceed to execute the duties of his place or office, make and sub- 
scribe the following declaration, viz. : 

" I, A. B., do declare, that I believe the Christian religion, and have 
a firm jjcrsuasion 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 vvliich I am elected." 

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

And every person chosen to either of the places or offices 
aforesaid, as also any person appointed or commissioned 
to any judicial, exectitive, 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. 13., do truly and sincerely acknowledge, profess, testify- and 
declare, that the Commonwealth of Massachusetts is, and of right ought 
to be, a free, sovereign and independent State ; and I do swear, that I 
will licar true faith and allegiance to the said Commonwealth, and 
that I will defend the same against traitorous conspiracies and all hos- 
tile attempts whatsoever; and that I do renounce and al)jure all allo- 
giance, subjection and obedience to the king, queen or government of 
reat Britain, (as the case may be,) and every other foreign power 
whatsoever; and that no foreign i)rince, person, prelate, state or po- 
tentate, hath, or ought to have, any jurisdiction, superiority, pre-emi- 
nence, aulhoril v, dispensing or olhcrpowcr, in any matter, civil, eccle- 
siastical or spiritual, within this Commonwealtli ; except the authority 
and. power wliich is or may bo vested by tlicir constituents in the con- 
gi-ess of the United States': and I do fin-thcr testily anil declare, tiiat 
no man, or body of men, hath, or can have, any riglit to absolve or dis- 
charge me from the obligation of tliis oath, dcehiration or affirmation ; 
and that 1 do make tlus'aeknowledgmeiit, i)rofessii.n, testimony, dec- 
laration, denial, renunciation and ahjuration, heartily and truly, accord- 
ing to the common meaning and ac'ceptation of the foregoing words, 
■without any e(|uivocation, mental evasion or secret reser\ uliou whatr 
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, '"^"'*' ^'''- ^^• 
and shall decline taking the said oaths, he shall make his aflirmation 
in the foregoing form, and snbscribe the same, omitting the words, "I 
do swear," and" and al)jm-e," "oath or," " and abjnration," in the first 
oath ; and in the second oath, the words " swear and," and in each of 
them the words, " So help me, God ; " subjoining instead thereof, " This 
I do mider the pains and penalties of perjuiy."] 

And the said oaths or affirmations shall be taken and niatl^i^^how'' 
subscribed by the governor, lieutenant-governor and conn- administered. 
cillors, before the president of the senate, in the presence 
of the two houses of assembly ; and by the senators and 
representatives first elected under this constitution, before 
the president and five of the council of the former constitu- 
tion ; and forever afterwards before the governor and coun- 
cil for the time being ; and by the residue of the officers 
aforesaid, before such persons, and in such manner, as from 
time to time shall be prescribed by the legislature. 

II. No governor, lieutenant-governor, or judge of the Plurality of om- 
supreme judicial court, shall hold any other office or place, governJr, &c., " 
under the authority of this Commonwealth, except such as "^""^v^' ^''■ 
by this constitution thev are admitted to hold , saving that see amend- 

• . nieiits Art. 

the judges of the said court may hold the offices of justices vm. ' 
of the peace through the State ; nor shall they hold any 
other place or office, or receive any pension or salary from 
any other State, or government or power, whatever. 

No person shall be capable of holding or exercising at same subject. 
the same time, within this State, more than one of the fol- 
lowing offices, viz. : judge of proljate, sheriff, register of 
probate, or register of deeds ; and never more than any 
two ofiices, 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 i^ompatibie 
judicial court — secretary — attorney- general — [solicitor- 
ffeuerall — treasurer or receiver-ofeneral — iudge of probate Seeamend- 

" J. .O n • \l I. mentB, Art. 

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



30 



CONSTITUTION OF THE 



Same subject. 



Bribery, &c., 
operates dis- 
qualification. 



Value of money 
ascertaincJ. 
Property quali- 
fications. 



Bee amend- 
ments, Art. 
XIII. 



Provisions re- 
specting com- 
missions. 



Provisions re- 
specting writs. 



Continuation of 
former laws, ex- 
tept, 8;c. 



of Harvard College — sheriff — clerk of the house of represen- 
tatives — register of probate — register of deeds — clerk of the 
supreme judicial court — [clerk of the inferior court of com- 
mon pleas] — or officer of the customs, including in this 
description naval officers — shall at the same time have a 
seat in the senate or house of representatives ; but their 
being chosen or appointed to, and accepting the same, shall 
operate as a resignation of their seat in the senate or house 
of representatives ; and the place so vacated shall be tilled 
up. 

And the same rule shall take place in case any judge of 
the said supreme judicial court, or judge of probate, shall 
accept a seat in council ; or any councillor shall accept of 
either of those offices or places. 

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

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

IV. All commissions shall be in the name of the Com- 
monwealth of jNIassachusetts, signed by tlie governor, and 
attested l)y the secretary or his deputy, and have the great 
seal of the Commonwealth affixed thereto. 

V. All writs, issuing out of the clerk's office in any of 
the courts of law, shall be in the name of the Common- 
AvcaUli of iMassachusetts ; they shall bo under the seal of 
the court from whence thoy issno ; they shall bear tost of 
the lirst justice of the court to which they shall be return- 
able who is not a party, and be signed by the clerk of such 
conrt. 

YI. AH the laws, which have heretofore been adopted, 
used and approved, in the Province, Colony or State of 
Massachusetts Bay, and usually practised on in the courts 
of law, shall still remain and be in full force, until altered 
or repealed l)y the legislature ; such parts only (>\coptod as 
are rei)ugnaiit to the rights and liberties contained in this 
constitution. 



COMMONWEALTH OF MASSACHUSETTS. 31 

VII. The privilege and benefit of the writ of habeas Benefit of 
corpus shall be enjoyed in this Commonwealth, in the most sccurcd^xctpt, 
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 ^Jf^f ""''""» 
acts, statutes and laws, shall be — "Be it enacted by the 
Senate and House of Keprcsentatives, in General Court 
assembled, and by the authority of the same." 

[IX. To the end there may be no fiiilure of justice, or clanger arise Officers of for- 
te the Commonweahh, from a change of the form of government, all ^"ihrne'tiunu"' 
officers, civil and militarj^ holding commissions under the government &c. 
and i^eople of Massachusetts Bay, in New England, and all other offi- 
cers of the said government and people, at the time this constitution 
shall take effect, shall have, hold, use, exercise and enjoy all the powers 
and authority to them granted or committed, imtil 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 princii^les of the Provision for 
constitution, and to correct those violations which by any means may [uUon.'^Aiiiemi 
be made therein, as well as to form such alterations as from experience mentsj An. ix. 
shall be found necessary, the general court, which sliall be in the year 
of our Lord one thousand seven hundred and ninety-five, shall issue 
precepts to the selectmen of the several towns, and to the assessors of 
the unincorporated plantations, directing them to convene the quali- 
fied voters of their respective towns and plantations, for the i)urpose 
of collecting their sentiments on the necessity or expediency of revis- 
hig 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 fJieir 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 ofiice, and be pu'ifnlhinf Thig 
a part of the laws of the land ; and printed copies thereof consututior. 
shall be prefixed to the book containing the laws of this 
Commonwealth, in all future editions of the said laws. 



32 



CONSTITUTION OF THE 



ARTICLES OF AMENDMENT. 

i^rovtHiwithin ' Art. I. If any bill or resolve shall be objected to, and 

b'^comr-i' i-i'w,?f not approved by the governor; and if the general court 

jounlTnthe"'^' ^^^^^^ adjoiim wlthiu five days after the same shall have 

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

thereby i)revent his returning it Avith his o])jections, as 

provided by the constitution, such bill or resolve shall not 

become a law, nor have force as such. 



Genernl court 

empowered to 

charter cities. 

t 



Art. II. The general court shall have full power and 
authority to erect and constitute municipal or city govern- 
ments, in any corporate town or towns in this Common- 
wealth, and to grant to the inhabitants thereof such powers, 
privileges and immunities, not repugnant to the constitu- 
tion, as the general court shall deem necessary or expedient 
for the regulation and government thereof, and to prescribe 
the manner of calling and holding public meetings of the 
inhabitants in wards or otherwise, for the election of offi- 
cers under the constitution, and the manner of returnino: 
Proviso. the votes given at such meetings ; provided, that no such 

government shall be erected or constituted in any town not 
containing twelve thousand inhabitants ; nor unless it be 
with the consent, and on the application, of a majority of 
the inhabitants of such town, present and voting thereon, 
pursuant to a vote at a meeting duly warned and holden for 
that purpose ; and provided, also, that all by-laws, made 
by such municipal or city government, shall be subject, at 
all times, to be annulled by the general court. 

Qualifications of Art. III. Evcry malc citizen of twenty-one years of 

voters for gover- ., n / j • n -i 

nor, lieutenant- agc aud upwards, (cxceptuig paupers and persons under 

fo^sTndieprc"^ guardlauship,) who shall have resided within the Common- 

I'ickl'sss!" ^^ wealth one year, and within the town or district, in which 

See amend- \^q y^y^y eijxii^;i ^ i-jcrht to votc, six calcudar moutlis next i)rc- 

monts, Arts. .; o ^ ' i 

XX., xxm. ceding any election of governor, lieutenant-governor, sen- 

and XXVI O ./ o ' ^ . ■, . 

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 cilizen who shall 
be by law exempted from taxation, and who shall be in all 
other respects qualiiied as above mentioned, shall have 
a right to votc in such election of governor, lieutenant- 
governor, senators and representatives ; and no other 
person shall be entitled to vote iu such elections. 



COMMONWEALTH OF MASSACHUSETTS. 33 

Art. IV. Notaries piil)lic shall be appointed hy the gov- Notaries puwic, 
ernor, in the same manner as jndicial officers are appointed, auTrcmoved! 
and shall hold their offices during seven years, unless sooner 
removed by the governor, with the consent of the council, 
upon the address of both houses of the legislature. 

[In case the office of seevetaiy or treasurer of the Commonwealth Vacancies in the 
shall become vacant from any cause, during the recess of the general "^'""^gj^^j^jlg^'g®" 
court, the governor, with the advice and consent of the council, shall m-M-jiow'fined 
nominate and appoint, under such regulations as may be prescribed in case, &c. 
by law, a competent and suitable person to such vacant o%e, Avho me'^ntsrArt! 
shall hold the same until a successor shall be appointed by the general xvii.' 
court.] 

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

All officers commissioned to command in the militia, may Miiitia officers, 
be removed from office in such manner as the legislature °^'"'^'"°^'^ • 
may, by law, prescribe. 

Art. V. In the elections of captains and subalterns of wtio may vote 
the militia, all the members of their respective companies, subaftern"!* ''^ 
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 path to he taken 

iinii 1 hy all oflicers. 

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

Art. VII. No oath, declaration or subscription, except- Tests ahoUshed. 
ing the oath prescribed in the preceding article, and the 
oath of office, shall be required of the governor, lieutojiant- 
governor, councillors, senators or representatives, to qualify 
them to perform the duties of their respective offices. 
5 



34 CONSTITUTION OF THE 

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

M)ns^uunion** **^ Art. IX. If, at any time hereafter, any specific and par- 
how made, ticular amendment or amendments to the constitution be 
proposed in the general court, and agreed to by a majority 
of the senators and two-thirds of the members of the house 
of representatives present and voting thereon, such pro- 
posed amendment or amendments shall be entered on the 
journals of the two houses, with the yeas and naj's 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 Aiajority of the sena- 
tors and two-thirds of the meml)ers of the house of repre- 
sentatives present and voting thereon, then it shall be the 
duty of the general court to submit such proposed amend- 
ment or amendments to the people ; and if they shall be 
approved and ratified by a majority of the qualified voters, 
voting thereon, at meetings legally warned and holden for 
that purpose, they shall become part of the constitution of 
this Commonwealth. 

Commencement AiiT. X. Tlic political ycar shall begin on the first 
o pc Ilea J tar, "^y^ j,j(,g^].^y ^f January, instead of the last AVcdnesday of 
May ; and the general court shall assemble every year on 
the said first AVcdnesday of January, and shall i)r()cecd, at 
that session, to make all the elections, and do all the other 
acts, which are by the constitution required to be made and 



COMMONWEALTH OF MASSACHUSETTS. 35 

done at the session which has heretofore commenced on the 
hist Wednesday of May. And the general court shall be andterminatioa. 
dissolved on the day next preceding the first Wednesday of 
January, without any proclamation or other act of the gov- 
ernor. But nothing herein contained shall prevent the 
general court from assembling at such other times as they 
shall judge necessary, or when called together by the gov- 
ernor. The governor, lieutenant-governor and councillors, 
shall also hold their respective offices for one year next 
following the first Wednesday of January, and until others 
are chosen and qualified in their stead. 

[The meeting for the choice of governor, lieutenant-governor, Meetings for tho 
senators and representatives, shall be held on the second Monday of choice of govei- 

-»-r 1 . 1 i i- IT A -c nor, lieutenant- 

November m eveiy year ; but meetmgs may be adjourned, li necessary, governor, &c., 

for the choice of representatives, to the next day, and again to the next ■wiien to be iicid. 

succeeding day, but no further. But in case a second meeting shall be ^i'*^^*' adjoum- 

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

held on the fourth Monday of the same month of November.] ments, Art. xv. 

All the [other] provisions of the constitution, respecting 
the elections and proceedings of the members of the general 
court, or of any other officers or persons whatever, that 
have reference to the last Wednesday of May as the com- 
mencement of the political year, shall be so far altered, as 
to have like reference to the first Wednesday of January. 

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

All the provisions of the existing constitution, inconsist- inconsistent 
ent with the provisions herein contained, are hereby wholly liuul;d.'°"* *°" 
annulled. 

Art. XI. Instead of the third article of the bill of f^li,%l'^^^J'^^- 
rights, the following modification and amendment thereof lished. 
is substituted : — 



36 CONSTITUTION OF THE 

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

Census of rata- [Art. XII. In Order to provide for a representation of the citizens 
taken' in 1837° ^^ ^'"^^ Commonwealth, founded upon the principles of erjualit}-, a 
and decennially census of the ratable polls in each city, town and district of the Com- 
thereafter. mouweulth, 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 ]\Iay, in the year of our Lord one thousand 
eight hundred and thirty-seven, and in every tenth year thereafter, in 
Representa- the month of May, in manner aforesaid : and each town or city having 
tives, how ap- three hundred ratable polls at the last preceding decennial census of 
amcudmeiits ^^ polls, may clcct One representative, and for every four hundred and fifty 
Arts. xiii. and ratable polls, in addition to the first three hundred, one representative 
^^^- more. 

Towns having Any town having less than three hundred ratable polls shall be rep- 
ratabi'(i*poii8, I'csen'ted thus : The whole numljer of ratable ])olls, at the last preceding 
how represent- dcccunial census of jwlls, shall be multiplied by ten, and tlie product 
'^- divided l)y three hundi'cd ; and such town may elect one representa- 

tive as many years Avithin ten years, as three hundred is contained in 
the ])roduct aforesaid. 
Fractions, how Any city or town having ratable polls enoiigh to elect one or more 
'-sen t . representatives, Avith any number of polls beyond tlie necessary num- 
ber, may be represented, as to that surplus number, by multiplying 
such surplus numljer l)y ten, and dividing the product by four luindrod 
and fifty ; and such city or toAvn may elect one additional rci)rosonta- 
tive as many years, within the ten j^ears, as four hundred and fifty is 
contained in tlie product aforesaid. 
Towns may unite Any two or more of the several towns and districts may, by consent 
u'e dlbirku'""' ^^ ^ mnjority of the legal voters jircsent at a legal meeting in each of 
said towns and districts, respectively, called for that j^urpose. and held 
previous to tlie first day of July, in the year in wliirh tlie decennial 
census of polls shall be taken, form themselves into a represeutativo 



COMMONWEALTH OF MASSACHUSETTS. 37 

district to continue until tfie next decennial census of polls, for the 
election of a representative or representatives ; and such district shall 
have all tl^e riglits, in regard to representation, which would belong to 
a town contaiiung 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 ^'A'! .^^f '.'i^f 
eight hundred and thirty-seven, according to the toregoing principles, number of rep. 
the number of representatives which each city, town and representa- Jesentatiyes to 
tive district is entitled to elect, and the number of years, within the i^ eniitied.' *°^*° 
period of ten years then next ensuing, that each cit}', town and repre- 
sentative district may elect an additional representative ; and where New apportion- 
any town has not a sufScient number of polls to elect a representative ment to be made 

•', ,11 -ji • ii i 1 i once in every tCD 

each year, then, how many years within the ten years, such town may years, 
elect a representative ; and the same shall be done once in ten years 
thereafter, by the governor and council, and the number of ratable 
polls in each decennial census of polls shall determine the number of 
representatives which each city, town and representative district may 
elect as aforesaid ; and when the number of representatives to be 
elected by each city, town or representative district is ascertained and 
determined as aforesaid, the governor shall cause the same to be jjub- 
lished forthwith for the information of the people, and that number 
shall remain fixed and unalterable for the period of ten years. 

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

Art. XIII. [A census of the inhabitants of each city and town, on Census of inhab- 
the first day of May, shall be talien and returned into the secretary's j*''l"'^.*°?g^o 
ofiice, on or before the last day of June, of the year one thousand eight ami decennially 
hundred and forty, and of every tenth year thereafter ; which census thereafter, for 
shall determine the apportionment of senators and representatives for gen|at°on''P*^®" 
the term of ten years. See amend- 

The several senatorial districts now existing, shall be permanent. ^^"*®' ^''• 
The senate shall consist of forty members ; and in the year one thou- senatorial dis- 
sand eight hundred and forty, and every tenth year thereafter, the tricts declared 
governor and council shall assign the number of senators to be chosen §3™^'^^^°^; 
in each district, according to the number of inhabitants in the same, ments, Art! 
But, in all cases, at least one senator shall be assigned to each district, xxii. 

The members of the house of representatives shall be apportioned House of repre- 
in the following manner : Every town or city containing twelve liun- apporUoned.^^^ 
dred inhabitants, may elect one i-epresentative ; and two thousand four 8ee amend. ' 
hundred inliabitants shall be the mean increasing number, which shall ^^ly^s, Art. 
entitle it to an additional representative. 

Every town containing less than twelve hundred inhabitants shall Small towns, 
be entitled to elect a representative as many times, within ten years, ^^^ 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 repi-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, 6e"Jative°dU?'*" 
respectively, called for that purpose, and held before the first day of trict's. 
August, in the year one thousand eight hundred and forty, and every 
tenth year thereafter, form themselves into a i-epresentative district, to 
continue for the term of ten years ; and such district shall have all 
the rights, in regard to representation, which would belong to a town 
containing the same number of inhabitants. 

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



38 



CONSTITUTION OF THE 



ratio of In- 
crease. 



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

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

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

Freehold as a No possessiou of a freehold, or of any other estate, shall 

quahhcationnot , a. , vii a- \r i iv ^ • -aI 

required. 06 rcquircd as a qiialitication tor holding a seat in cither 

branch of the general coin-t, or in the executive council. 

Ejecuons ^y ti'e Art. XIV. In all elections of civil officers by the peo- 
piuraiityof plc of tliis Commonwcalth, whose election is provided for 
by the constitution, the person having the highest number 
of votes shall be deemed and declared to be elected. 



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

Councillors to 
be chosen from 
the people at 
large. 

See amend- 
ments, Art. 
XVI. 

Qualifications of 
councillors. 



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



Art. XV. The 



Eight council- 
lors to be chosen 
by the people. 

Legislature to 
district State. 



lieutenant-governor 



meeting 



for the choice of governor, 
senators and representatives, shall be 
held on the Tuesday next after the first Monday in Novem- 
ber, annnally ; but in case of a failure to elect representa- 
tives on that day, a second meeting shall be holden, for 
that purpose, on the fourth Monday of the same month of 
November. 

Art. XVI. Eight conncillors shall be annnally chosen 
by the inhabitants of this Commonwealth, qualiticd to vote 
for sfovernor. The election of councillors shall be deter- 
mined by the same rule that is required in the election of 
governor. The legislature, at its iirst 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 tiiere- 
afterwards, shall divide the Commonwealth into eight dis- 
tricts of contiguous territory, each containing a number of 



COMMONWEALTH OF MASSACHUSETTS. 39 

inhabitants as nearly equal as practicable, without dividing 
any town or ward of a city, and each entitled to elect one 
councillor : provided^ however, that if, at any time, the 
constitution shall provide for the division of the Common- 
wealth into forty senatorial districts, then the legislature 
shall so arrange the councillor districts, that each district 
shall consist of five contiguous senatorial districts, as they 
shall be, from time to time, established by the legislature. 
No person shall be eligible to the office of councillor who fj'^f]^"''^ ^^• 
has not been an inhabitant of the Commonwealth for the 
term of five years immediately preceding his election. The Day and manner 
day and manner of the election, the return of the votes, ^ ^^'^'o"' 
and the declaration of the said elections, shall be the same 
as are required in the election of governor. Whenever vacancies, Low 
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 *^^ government, 
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 ofiicers, the choice shall be by them declared 
and published ; but in case there shall be no election of 
either of said ofiicers, the legislature shall proceed to fill 
such vacancies in the manner provided in the constitution 
for the choice of such officers. 

Art. XVII. The secretary, treasurer and receiver-gen- Election of sec- 
eral, auditor, and attorney-general, shall l)e chosen annu- er!'auditor'*and' 
ally, on the day in November prescribed for the choice of a"by"b^'^'eopie 
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 sliiill be sucli US lire rcqiiirecl in the election of governor. In 
^"'"^" case of a failure to elect either of said officers on the day in 

November aforesaid, or in case of the decease, in the mean 
time, of the person elected as such, such officer shall be 
chosen on or before the third AYednesday in January next 
thereafter, from the two persons Avho 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 ; ])ut 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 hokl his 
office until his successor is chosen and duly qualified in his 
To qualify with- stcad. Li casc auy person chosen or appointed to either 
othcTwisooffice ^^ ^^^ offices aforesaid, shall neglect, for the space of ten 
to be deemed vii. davs aftcr lie could otherwise enter upon his duties, to 

cant. "iw !• Tf' n T 1 

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

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

School moneys Art. XVIII. All nioucys raiscd by taxation in the 
puld^forsMta- towns and cities for the support of public schools, and all 
nan schools. moncys whicli 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 AuT. XIX. Tlic legislature shall prcscribc, bv gcncral 

Konofl'i^'r': law, for the election ot^sherills, registers of pr{)l)!"itc, com- 

pTXaei &'c!! by nfissioners of insolvency, and clerks of the courts, by the 

the people. ' pcoplc of thc 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 prescribe. 



COMMONWEALTH OF MASSACHUSETTS. 41 

Art. XX. No person shall have the right to vote, or Reading consti- 
be eligible to office under the constitution of this Common- ai.awritingr^ 
wealth, who shall not be able to read the constitution in the fioauons of v'o-^'' 
English language and write his name : provided, liowever, Pi'ovisg. 
that the provisions of this amendment shall not apply to 
any person prevented by a physical disability from com- 
plying with its requisitions, nor to any person who now 
has the right to vote, nor to any persons who shall be sixty 
years of age or upwards at the time this amendment shall 
take effect. 

Art. XXI. A census of the legal voters of each city Census of legai 
and town, on the first clay of INIay, shall be taken and re- iiabitams, when 
turned into the office of the secretary of the Common- '^^'^'^"' ^*'" 
wealth, on or l)efore 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 thereafter. In the census aforesaid, a special enumer- 
ation shall be made of the legal voters ; and in each city 
said enumeration shall specify the number of such legal 
voters aforesaid, residing in each ward of such city. The 
enumeration aforesaid shall determine the apportionment 
of representatives for the periods between the taking of 
the census. 

The house of representatives shall consist of two liun- House to consist 
clred and forty members, which shall be apportioned by rcpix^s^ntauvel' 
the legislature, at its first session after the return of each [lolled u''°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, be considered a part of the county of Plymouth; 
and it shall l^e the duty of the secretary of the Common- Secretary ehaii 
wealth, to certify, as soon as may be after it is determined com mitho*^i^z'ed 
by the legislature, the number of representatives to which 
each county shall be entitled, to the board authorized to 
divide each county into representative districts. The mayor Meeting for divi- 
and aldermen of the city of Boston, the county commis- Tues^°ayh'i'Au. 
sioners of other counties than Suffolk, — or in lieu of the *'"®'- 
mayor and aldermen of the city of Boston, or of the county 
commissioners in each county other than Suffolk, such board 
of special commissioners in each county, to be elected by 

6 



to divide coun- 
ties. 



42 CONSTITUTION OF THE 

the people of the county, or of the towns therein, as may 
for that purpose be provided by law, shall, on the first 
Tuesday of August next after each assignment of represen- 
tatives to each county, assemble at a shire town of their 

Proceedings. resj)ective counties, and proceed as soon as may be, to divide 
the same into representative districts of contiguous terri- 
tory, so as to apportion the representation assigned to each 
county equally, as nearly as may be, according to the 
relative number of Icc-al voters in the several districts of 
each comity ; and such districts shall be so formed that no 
town or ward of a city shall be divided therefor, nor shall 
any district be made which shall be entitled to elect more 

Qualifications of than tlircc rcprescntativcs. Every representative, for one 

represeutatives. , i , ^ , -,. ^ . i ,• i n i i 

year at least next preceding his election, shall have been 

an inhal)itant of the district for which he is chosen, and 

shall cease to represent such district wiien he shall cease to 

Districts to be \)q an inhabitant of the Commonwealth. The districts in 

numbered, dc- , ini it-iiit 

scribed audcer. cacli couiity shall be numbered l)y the board creating 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 CommouAvealth, 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 ofEces. The manner of callinsr and conductinij the 
meetings for the choice of representatives, and of ascer- 
one hundred taiuiug their election, shall be prescribed by law. Not less 
quorum. than ouc liuudrcd 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 comioel the attendance of absent members. 

ccnsuB of voters j^p^^^ XXII. A ccusus of thc IcsTal votcrs of each city 

and inhabitants ^ n -i /»TiriTii i t 

tobetaiien. and towu, on the first clay of May, shall be taken and re- 
turned into the office of the secretary of the Common- 
wealth, on or before thc last day of June in the year one 
thousand eight hundred and fifty-seven ; and a census of 
the inhabitants of each city and town, in the year one 
thousand eight hundred and sixty-five, and of every tenth 
Voters to be ycar thereafter. In the census aforesaid , a special enumer- 
tionmeni'ol'een- '^^i^'^ sliall bo made of tho legal voters, and in each city 
*'^""- said enumeration shall specify the number of such legal 

voters aforesaid, residing in each ward of such city. The 
enumeration aforesaid shall determine the apportionment of 
senators for thc periods between the taking of tho census. 
Bonato to consist Thc scuatc sluiU cousist of furty members. Tho general 

of 4U 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, Jiowever, that Proviso. 
no town or ward of a city shall be divided therefor ; and 
such districts shall be formed, as nearly as may be, with- 
out uniting two counties, or parts of two or more counties, 
into one district. Each district shall elect one senator, Qualifications of 
who shall have been an inhabitant of this Commonwealth *^'^''^°"- 
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 ^^" ** luorum. 
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 ^uJ^rJd'oTn'a^t' 
jurisdiction of the United States for two years subsequent to his natu- rai'iz'eacit'i'zen^ 
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'if<?ibio't™office. 
shall not aifect the rights which any person of foreign bii-th possessed Beeamondment, 
at the time of the adoption thereof; and, provided, further, that it shall ■^'■'' XXVI. 
not affect the riglits 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 Sl^te.'''*'^'"'^^ 
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 office. K 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 ments'^MmuiieV 
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 lav\'3 
of this Commonwealth : jprovided, that this amendment shall 
not afiect the rights which any person of foreign birth pos- 
sessed at the time of the adoption thereof; and jprovidad, 
farther^ that it shall not affect the rights of any child of a 
citizen of the United States, born during the temporary 
absence of the parent therefrom," is hereby wholly annulled. 



THE FRAMING AND POPULAR ADOPTION OF THE 
CONSTIUTION. 

The Constitution of Massachusetts was agi'eed upon by delegates of 
the people, in convention, begun and held at Cambridge, on tlie 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 tlie Constitution 
was submitted to the people, to be adopted by them, provided two- 
thirds of tlie votes given should be in the aifirmative. When the con- 
vention assembled, it was found that the Constitution had been adopted 
by the requisite number of votes, and the convention accordingly 
Besolved, "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, agi-eeable to this 
resolution." The first legislature assembled at Boston, on the twenty- 
fifth day of October, 1780. 

ARTICLES OF AMENDMENT. 

The first nine Articles of Amendment were submitted, by delegates 
in convention assembled, November 15, 1820, to the people, and by 
them 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 pcoi^le, 
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, 183G. 



COMMONWEALTH OF MASSACHUSETTS. 45 

The thirteenth Article Avas adopted by the legislatures of the politi- 
cal years 1S39 and 1840, and was approved and ratified by the people> 
the sixth day of April, 18-40. 

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, tv/enty-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 Avas ajDproved and ratified by the 
people on tlie 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 ap)proved 
and ratified by the people on the seventh day of INIay, 1860. 

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



INDEX. 



A. 

Papa 

Adjutant-General, hovr appointed, 20 

Adjutants of regiments, how appointed, 20 

Affirmations. (See oaths and affirmations.) 

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

Amendments to the Constitutiou, how made, 34 

Apportionment of councillors, 38, 39 

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

" of senators, 12,37,42 

Armies, standing, to be maintained only with consent of legislature, . 7 

Arms, right of people to keep and bear, ....... 7 

Articles of amendment, 32 

Attorney-General, how appointed, 20 

" how elected, 39, 40 

" qualifications of, 40 

" • vacancy in office of, how filled, 40 

Attorneys, district, how chosen, 40 

Auditor, how chosen, 39 

" qualifications of, 40 

" vacancy in office of, how filled, 40 

B. 

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

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

five days, 10 

" " to bo 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 inlia'bitaiits, Tvlien and liow taken, 

" of legal voters, -when and how taken, 

" of ratable polls, when and how taken, 

Cities, general court empowered to charter, 

Civil and military officers, duties of, to he prescribed by legislature, 
Commander-in-chief. (See Governor.) 
Commerce, manufactures, arts, &c., encouragement of, . 
Commissary-General, when and how nominated, &c., 

" " to make quarterly returns. 

Commissioners of iusolveucy, how chosen, .... 
Commission officers, tenure of, to be expressed in commission. 
Commissions, how made, signed, countersigned, and sealed, . 
Congress, delegates to, how chosen and commissioned, . 

" " may be recalled, and others commissioned, 

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

Constitution, amendments to, how made, 

" revision of, in 1795, provided for, 

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

with the laws, 

Coroners, how appointed, 

Corruption. (See Bribery.) 

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

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

" members of, number, and how chosen, 

" members of, to bo sworn in presence of both houses, 

" powers and quorum of, 

" rank and qualifications of members of, . . . 

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

" resolutions and advice of, to be recorded, . 

" vacancies in, how filled, 

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

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

" clerks of^ how chosen, 

" of probate. (See Probate.) 

" of record and judicatories, the general court may establish, 
Crimes and offences, xirosecutions for, regulated, .... 



Page 

37,41 

36,41 

36 

32 

11 

27 
33 
21 
40 
25 
30 
25 
25 
34 
34 
31 

31 
20 

23 
23 

23,38 
28 
23 

23,33 
23 
23 

39,43 

34 

9,22 

10 

40 

10 
6,7 



D. 

Debate, freedom of, in legislature, affirmed, 8 

Declaration of rights, 4 

Delegates to congress, how chosen, 25 

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

District-attorneys, how chosen, 40 

Districts, councillor, how est.ablishcd and arranged, ... 12, 38, 39 

Districts, representative, how formed, 41 

" " towns may unite in, 36, 37 



INDEX. 49 

rage 
Districts, senatorial, lio-w 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 i)eoj)lc, 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 

jEJaJj'osi/acfo laws, injustice of, declared, 8 

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

Fines, excessive, iirohibited, 8 

Freedom of debate, in legislature, affirmed, 8 

G. 

General Court, frequent sessions of, enjoined, 8 

" " how formed, 9 

" " may make laws, ordinances, &c., 11 

" " niay provide for the establishing of civil officers, . . 10, 11 

" " may prescribe the duties of civil and military officers, . 11 

" " may imjiose taxes, duties and excises, .... 11 

" " may constitute judicatories and courts of record, . . 10 

" " niay 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, «S: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 liis discretion, 

" and council, may pardon offences, after conviction, 

" shall sign such bills and resolves as he approves, . 

" shall return such bills and resolves as he does not approve, 

" and council may proropjuo 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 Representatives, 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 ofQcers, establish its own 

rules, &c., 16 

" " may iiunish persons not members, for dis- 
respect, &c., 16 

" " may try and determine all cases involving its 

rights and privileges, 16 

" " shall bo 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 bo 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 oificcs, enumeration of, 20, 34 

" Inhabitant," word deliiied, 12 

Inhabitants, census of, when taken, 36, 41 

Insolvency, commissioners of, how chosen, 40 



INDEX. 51 

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

affirmed, 8 



J. 

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

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

" officers, how appointed, 20 

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

" " may bo removed on address of legislature, ... 25 

Judiciary power, 24 

Judges of courts, what other offices may not bo held by, ... 34 

Judges of probate, shall hold courts ou 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 x^eace, 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, persons not in army or navy, or actual militia service, 

not to be subject to, but by authority of legislature, ... 8 
Laws, every person to have remedy in, for injury to i^ersou or prop- 
erty, 6 

" ^jcjjjosf/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, 3G, 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 jiresence of both houses, . . 29 

Literature, encouragement of, 27 



52 INDEX. 

M. 

Page 

Magistrates and officers, accotmtability of, 5 

Major-Generals, how appointed and commissioned, 20 

MartiaJ law, persons not in tlio 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 bo 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 fi'om 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, 28, 33 

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

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

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

" equal right of all to, affirmed, 6 

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

Offices, certain, incompatibility of, 29, 34 

Officers, civil, legislature may i)rovide for the naming and settling 

of, 11 

" civil and military, duties of, to bo 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 

" plurality of, prohibited to governor, lieutenant-governor, aud 

judges, 29,34 



INDEX. 53 
P. 

Page 

Pardon, power 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 tbo laws, . 6 

Petition and instruction, right of, afi&rmed, 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, when 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 from, how heard and determined, . . 25 

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

" registers of, how appointed, 20 

" " election of, to be prescribed, 40 

Property, private, not to 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, 38, 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, 16,42 

" of senate, 15, 43 



54 



INDEX. 



R. 

Eatable Polls, census of, when taken, 

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

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

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

office, 

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

Registers of probate. (See Probate.) 

Religious denominations, equal protection secured to all, 

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

" " persons belonging to, membership defined. 

Representation, in council, basis of, 

" in house, 15, 36, 37, 

" in senate, 12, 

Representatives. (See House of Representatives.) 

Returns, quarterly, how and by whom to be made, .... 

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

Revision of Constitution. (See Constitution.) 

Rights, natural, declaration of, &c., . . . , ' , . • . 



Page 
35 
36 

15 



41 
23 

5, 35 

5,36 

36 

38 

33,41 

37,42 

21 
13, 13 



S. 



Salaries, of judges of supreme court, 

Salary, of governor, 

Schools, money raised and appropriated for, bow to be applied, 

" sectarian, appropriation of money for, prohibited. 
Search and seizure, the right of every man to bo secui'c from. 

Secretary, treasurer, commissary, &c., 

Secretary of the Commonwealth, how chosen, .... 
" " " qualifications of, . 

" " « duties of, .... 

" " " may appoint deputies, «fec., 

" " " vacancy in office of, how filled. 

Selectmen, duties of, in calling and conducting elections. 

Self-government, right of, asserted, 

Senate, 

" members of, number, and how chosen, .... 

" " qualifications of, 

" members shall bo sworn preliminary to trial of impeachment, 

" " exempt from arrest on mean process, . 

" quorum of, 

" vacancies in, how filled, 

" to bo final judge of elections of its own members, 

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

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

" shall try impeachments, 

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

" may determine all cases involving its rights and privilege 



12, 



9,22 

22 

40 

40 

7 

24 

24,39 

40 

24,40 

24 

33, 40 

12, 13 

5 

12 

37, 42 

33, 43 

15 

17 

15, 43 

14, 43 

14 

14 

15 

15 

ir., 17 

10, 17 



INDEX. 



55 



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 cousent of legislature, prohibited, ... 7 

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

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

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

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



T. 



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

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

Tax, state or county, payment of, as qualification of voter, 

Tests, religious, abolished, 

Title, .of goveruor, 

" of lieutenant-governor, 

Town meetings, selectmen to preside at, . 

Towns, having less than 300 ratable polls, how represented, 
" having less than IfjO ratable xiolls, how represented, 
" may unite in representative district. 

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

Treason and felony, legislature not to convict of. 

Treasurer and Receiver-General, how chosen, . 
" " qualification of, 

" " eligibility limited to five years, 

" " vacancy in office of, how filled, 

Trial, by jury, right of, secured, 



6,8 
11 

13,32 
33 
17 
22 
13 
36 
15 

36,37 

16 

8 

24, 39 
40 
24 

33,40 
6,7 



University at Cambridge, «&c.. 



u. 



26 



V. 



Vacancies in council, how filled, 

" in militia offices, how filled, 

" in offices of secretary, treasurer, auditor, and attorney-gen- 
eral, how filled, 

" in senate, how filled, 

Valuation of estates, when taken, 

Veto of bills and resolves, power of, conferred upon governor. 
Vote, no person entitled to, who cannot read and write. 



89,43 
20 



33,40 
14 
11 

• 10 
41 



56 INDEX. 

Pago 
Voters, legal, census of, wlien taken, 41, 42 

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

Votes, all civil officers to be elected by a i)lurality of, ... . 38 

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

w. 

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

Writs, how made, issued, «fec., 30 

Y. 

Year, political, when to begin and end, . 34 



OP 

MASSACHUSETTS. 

18 77. 

51 



ly The General Court of 1877 assembled on Wednesday, the 
third 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 Horatio G. Knight, on Thursday, the 
fourth day of January, in the presence of the two Houses assembled 
in convention. 



ACTS, 

GENERAL AND SPECIAL. 



An Act making appropriations for the maintenance of the (jjidp^ \^ 

GOVERNMENT FOR THE PRESENT YEAR. -^' 

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

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

SUPREME JUDICIAL COURT. 

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

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 of Expenses. 
the decisions of said court, a sum not exceeding one thou- 
sand 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 justices of said court, f^^^^^^^^^ J"«- 
fifty thousand dollars. 



404 



1877.— Chapter 1. 



Judge — 
Suffolk. 

Middlesex. 



Worcester. 
Essex. 

Norfolk. 
Bristol. 

Plyinoulb. 

Berkshire. 

Hampden. 

Hampshire. 

Franklin. 

Barnstable. 
Nantucket. 
Dukes County. 



Register — 
Suffolk. 



Middlesex. 
Worcester. 



COURTS OF PROI5ATE AND INSOLVENCY. 

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

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

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

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

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

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

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

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

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

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

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

For the salar}^ of the judge of probate and 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 thou.sand dollars. 

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

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



1877.— Chapter 1. 405 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

For the salary of the assistant-register of probate and Essex. 
insolvency for the county of Essex, one thousand five hun- 
dred dollars. 

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



406 



1877. — Chapter 1. 



Attorney and 
clerk — 
SuUblk. 



Assistant attor- 
ney — 
BuU'olk. 

Second assistant 
attorney — 
Suffolk. 

Attorney — 
Eastern district. 



Northern 
district. 



Southern 
district. 



Middle district. 



South-eastern 
district. 



"Western 
district. 



North-western 
district. 



DISTRICT- ATTORNEYS . 

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

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

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

For the salary of the district-attorne}'- for the eastern 
district, two thousand dollars. 

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

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

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

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

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

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



Justice — 
Cambridge. 

Chelsea. 

Chicopee. 

Fitchburg. 

Gloucester. 

Haverhill. 

Holyoke. 

Lawrence. 

Lee. 

Lowell. 



POLICE COURTS. 

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

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

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

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

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 Haver- 
hill, one thousand eight hundred dollars. 

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

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

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

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



1877.— Chapter I. 407 

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

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

For the salary of the justice of the police court in New- Newton. 
ton, one thousand two hundred dollars. 

For the salary of the justice of the police court in Somer- somemiie. 
ville, one thousand eight hundred dollars. 

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

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

For the salary of the clerk of the police court in Cana- cambdd^e. 
bridge, one thousand dollars. 

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

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

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

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

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

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

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

For the salary of the clerk of the police court in New- Newton. 
ton, nine hundred dollars. 

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

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

MUNICIPAL COURTS. 

For the salaries of the iustices of the municipal court of Justices in 

.» . /• ■!-» • V T T 11 Boston. 

the city 01 JBoston, nine thousand dollars. 

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

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



408 



1877.— Chapter 1. 



Charleetown 
district. 



West Roxbury 
district. 



Brighton 
district. 



South Boston 
district. 



East Boston 
district. 



Clerk- 
Criminal busi- 
uess. 



Clerk and assist- 
ant — 
Roxbnry 
district. 



Clerk— 
Dorchostcr 
district. 

Charlcstown 
district. 



West Roxbury 
district. 



Brighton 
district. 



South Boston 
district. 



East Boston 
district. 



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

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

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

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

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

For the salar}^ of the clerk of the municipal court in 
Boston, for criminal business, two thousand live hundred 
dollars. 

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

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

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

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

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

For tlie salary of the clerk of the municipal court of the 
South Boston district in Boston, one thousand five hundred 
dolhirs. 

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



Justice — 
Central 
Berkshire. 

Northern 
Berkshire. 

Southern 
Berkshire. 

Southern 
Worci'Hter — 
First district. 



DISTRICT COURTS. 

For the salary of the justice of* the district court of 
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 dolhirs. 

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



1877.— Chapter 1. 409 

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

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

For the salary of the justice of the first district court of wolcester- 
easteru Worcester, eight hundred dollars. First district. 

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

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

For the salary of the justice of the first district court of ^kuiielex- 
northern Middlesex, one thousand two hundred dollars. First district. 

For the salary of the justice of the first district court of |ji'fjjg™j_ 
southern Middlesex, one thousand six hundred dollars. First district. 

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

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

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

For the salary of the justice of the district court of east- Eastern 
ern Hampden, one thousand dollars. "''^^ ^°' 

For the salary of the justice of the first district court of |fi!gf°^'~trict 
Bristol, two thousand dollars. 

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

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

For the salary of the iustice of the first district court of l^^';^^, . , 

J J First district. 

Essex, three thousand dollars. 

For the salary of the iustice of the first district court of J^!y™°V\V, 

, V 1 T T 1 n First district. 

Plymouth, one thousand two hundred dollars. 

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

For the salary of the justice of the third district court of Third district. 
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 central ce'iu'^Ii 
Berkshire, eight hundred dollars. Beri^shire. 

For the salary of the clerk of the district court of north- Northern 

•^ . Berlishire. 

ern Berkshire, eight hundred dollars. 

For the salary of the clerk of the district court of south- 1°;^!*^™ 
ern Berkshire, six hundred dollars. 

52 



410 



1877.— Chapter 2. 



Worcester ^'^^ ^^^ salaiy of the clerk of the district court of central 

Worcester, two thousand five hundred dollars ; and for the 
salary of the assistant clerk of said court, one thousand 
dollars. 

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

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

For the salary of the clerk of the first district court of 
northern Middlesex, six hundred dollars. 

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

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

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

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

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

For the salary of the clerk of the first district court of 
Plymouth, six hundred dollars. 

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

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

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

For the salary of the clerk of the first district court of 
Essex, tvvo thousand five hundred dollars. 

Section 2. This act shall take efl:ect upon its passage. 

A2yproved January 30, 1877. 
Chap. 2. An Act making appropriations for the compensation and 

TRAVEL OF THE MEMBERS OF THE LEGISLATITRE, AND FOR THE 
COMPENSATION OF THE I'REACHER OF THE ELECTION SERMON, THE 
CHAPLAINS, ASSISTANT CLERKS, DOORKEEPERS, MESSENGERS AND 
PAGES OF THE SENATE AND HOUSE OF KEPRESENTATIVES, AND FOR 
OTHER PURPOSES. 

Be it enacted, &c., as follows : 

Appropriaiiona. SECTION 1. The sums hereinafter mentioned are appro- 
priated to be paid out of the treasury of the Connnon- 
wealth, for the purposes specified, to wit : — 

Senators— Yov thc comiiensatiou of senators, a sum not exceediuo: 

Compensation. .^ i-i ti i>>tii 

twenty-Six thousand six hundred and fatty dollars. 



Eastern 
Worcester. 



East Norfolk. 



Northern 
Middlesex. 



Soutlicrn 
Middlesex. 



Eastern 
Middlesex. 



Bristol- 
First district. 



Second district. 



Third district. 



Plymouth — 
First district. 



Second district. 
Third district. 
Fourth district. 



Essex — 
First district. 



1877.— Chapter 3. 411 

For the mileage of senators, a sum not exceeding fifty Mileage. 
dollars. 

For the compensation of representatives, a sum not Representa- 
exceeding one hundred fifty-seven thousand six hundred compenBation. 
and fifty dollars. 

For the mileage of representatives, a sum not exceeding Mileage. 
two hundred and fifty dollars. 

For the compensation of the preacher of the election Preacher of 

, ^ -, 1 1 11 election sermon. 

sermon, one hundred dollars. 

For the compensation of the chaplains of the senate and chaplains. 
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, messenofers Doorkeepers 

, ^ ,, , T , /. *^ i !-• and messengers. 

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

For expenses of summonino; witnesses before commit- witnesses be- 

. !/>/• pi'i 1 T fore committees. 

tees, and lor tees ot such witnesses, a sum not exceeding 
five hundred dollars. 

For the authorized expenses of committees of the present Expenses of 

JL ^ , committees. 

legislature, to include clerical assistance to committees 
authorized to employ the same, a sum not exceeding five 
thousand dollars. 

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

Approved January 30, 1877. 

An Act in addition to "an act making appropriations for the Chap, 3. 

MAINTENANCE OF THE GOVERNMENT DURING THE PRESENT YEAR." 

Be it enacted, &c., as follows : 

Section 1. The sums hereinafter mentioned are appro- Appropriations. 
priated to be paid out of the treasury of the Common- 
wealth, from the ordinary revenue, unless otherwise 
ordered, for the purposes specified, to meet the current 
expenses of the year ending on the thirty-first day of 
December, in the year eighteen hundred and seventy- 
seven, to wit : — 

• LEGISLATIVE DEPART3IENT. 

For the salaries of the clerks of the senate and house of cicrks. 
representatives, three thousand dollars each. 

For the salary of the sergeant-at-arms, two thousand Sergeant-at- 
five hundred dollars. 



412 



1877.— Chapter 3. 



wafchmwr"'^ ^^^' ^^^^ compensation of an engineer, and such watcli- 
men and firemen as may be employed in the state house, a 
sum not exceeding nine thousand doUars. 



Lieutenant- 
governor and 
council. 



Governor's 
secretary. 

Messengers. 



Secretary. 
First clerk. 
Second clerk. 
Messenger. 



Additional cler- 
ical assistance. 



Treasurer. 
First clerk. 
Cashier. 



First assistant 
clerk. 



Additional cler- 
ical assistance. 



Deputy tax 
comraissioiicr. 



EXECUTIVE DEPARTMENT. 

For the compensation of the lieutenant-governor, two 
thousand five hundred dollars, and for the executive 
council, a sum not exceeding nine thousand six hundred 
dollars. For the travelling expenses of said council, a 
sum not exceeding five hundred dollars. 

For the salary of the private secretar}- of the governor, 
two thousand five hundred dollars. 

For the salary of the messenger of the governor and 
council, one thousand dollars, and for the salary of the 
assistant messenger, eight hundred dollars. 

secretary's department. 

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

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

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

For the salary of the messenger in the secretary's de- 
partment, oiie thousand dollars. 

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

treasurer's department. 

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

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

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

For the salary of the assistant clerk in the treasurer's 
department, one thousand eight hundred dollars. 

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

TAX commissioner's BUREAU. 

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



1877.— Chapter 3. 413 

For the salary of the first clerk of the tax commissioner, First clerk. 
one thousand eight hundred dollars. 

For the salary of the second clerk of the tax coramis- second cierk. 
siouer, one thousand three hundred dollars. 

For such additional clerical assistance as the tax com- Additional cier. 

1 • • £• i* „ „, £„,! ical assistance. 

missioner and commissioner or corporations may nnd 
necessary, a sum not exceeding thirteen thousand five 
hundred dollars. 

auditor's department. 
For the salary of the auditor of accounts, three thou- Auditor of 

, , ,, "^ accounts. 

sand dollars. 

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

For the salary of the second clerk in the auditor's second cierk, 
department, one thousand eight hundred dollars. 

For such additional clerical assistance as the auditor Additional cier- 

n -t ^ T J.1 i.1 1 ical assistance. 

may find necessary, a sum not exceedmg three thousand 
four hundred dollars. 

attorney-general's department. 

For the salary of the attorney-general, five thousand ^g^^°™fy- 
dollars. 

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

commissioners, and others. 
For the salaries of the commissioners of savinofs banks, Commissioners 

ii 1 • 1 1 1 1 11 of savings 

SIX thousand six hundred dollars. banks. 

For the salary of the insurance commissioner, four insurance 

,1 1 T 11 commissioner. 

thousand dollars. 

For the salary of the deputv insurance commissioner. Deputy insur- 

, ., 1 f ^ 1 Till" ance commls- 

two thousand five hundred dollars. sioner. 

For the salary of the first clerk of the insurance com- First cierk. 
missioner, one thousand eight hundred dollars. 

For the salary of the second clerk of the insurance com- second cierk. 
missioner, one thousand five hundred dollars. 

For the salary of one extra clerk of the insurance com- Extra cicrk. 
missioner, one thousand two hundred dollars. 

For such additional clerical assistance as the insurance Additional cier- 

r> n , T _, ical assistance. 

commissioner may find necessary, a sum not exceeding 
twelve thousand dollars, payable from fees received for 
the valuation of life policies. 



414 



1877.— Chapter 3. 



Inspector of 
gas-meters. 

Secretary of 
board of health. 

Secretary of 
commissioners 
of prisons. 

Railroad 
commissioners. 

Clerks. 



Assayer and 
inspector of 
liquors. 

Bureau of statis- 
tics of labor. 

First clerk. 



Clerical ser- 
vices. 



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

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

For the salary of the secretary of the commissioners of 
prisons, two thousand dollars. 

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

For the salaries of the clerks of the railroad commis- 
sioners, five thousand dollars. 

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

For the salary of the chief of the bureau of statistics of 
labor, two thousand five hundred dollars. 

For the salary of the first clerk in the bureau of statistics 
of labor, one thousand five hundred dollars. 

For the compensation of other clerical services and for 
expenses of the bureau of statistics of labor, a sum not 
exceedins: five thousand dollars. 



Secretary. 
Clerk. 



Clerical ser- 
vices. 



AGRICULTURAL DEPARTMENT. 

For the salary of the secretary of the board of agri- 
culture, two thousand five hundred dollars. 

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

For compensation of other clerical services in the office 
of the secretary of said board, and for lectures before the 
board, four hundred dollars. 



Secretary. 



Clerical assist- 
ance. 



General agent. 



Clerical and 
other assistance. 



Visiting agent. 



Clerical and 
other assistance. 



CHARITABLE DEPARTMENT. 

For the salar}'^ of the secretary of the board of state 
charities, two thousand five hundred dollars. 

For such clerical assistance as the secretary of the board 
of state charities may find necessary, a sum not exceeding 
four thousand seven hundred 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 eight thousand dollars. 

For the salary of the visiting agent of the board of 
state charities, two thousand five hundred dollars. 

For such clerical and other assistance as the visiting 



1877.— Chapter 3. 415 

agent of the board of state charities may find necessary, a 
sum not exceeding eight thousand five hundred dollars. 

For the salary of the agent of the sick state poor, a sum Agent of sick 
not exceeding seven dollars and a half per day, for each ^'^^^°°^' 
day of actual service. 

For such clerical and other assistance as the agent of the clerical and 
sick state poor may find necessary, a sum not exceeding ° "assistance. 
four thousand five hundred dollars. 

EDUCATIONAL DEPARTMENT. 

For the salary and expenses of the secretary of the Board of edu- 
board of education, two thousand nine hundred dollars. secrecy. 

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

For such additional clerical assistance in the state Addition^ cier. 
library as may be found necessary, a sum not exceeding i^^i assistance. 
two thousand and sixteen dollars. 



MILITARY DEPARTMENT. 

For the salary of the adjutant-general, two thousand five Adjutant- 
hundred dollars. s''''^'^^- 

For the salary of the first clerk of the adjutant-general. First cierk. 
two thousand dollars. 

For the salary of the second clerk of the adjutant-gen- second cierk. 
eral, one thousand eight hundred dollars. 

For such additional clerical assistance as the adjutant- Additional cier- 
general may find necessary, a sum not exceeding seven ''='*' '^^"stance. 
thousand five hundred and eighty dollars. 

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

For the salary of the first clerk of the surgeon-general. First cierk. 
two thousand dollars. 

For the salary of the second clerk of the surgeon-gen- second cierk. 
eral, one thousand three hundred dollars. 

For the salary of the messenger of the surgeon-general, Messenger. 
one thousand dollars. 

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

For such clerical assistance as the adjutant-general may clerical assist- 
find necessary in preparing for publication "a list of Mas- ^^'^^' 
sachusetts officers, sailors and marines, who served in the 
navy in the late war," a sum not exceeding two thousand 
six hundred dollars. 



416 



1877.— Chapters 4, 5. 



Centennial 
exhibition at 
riiiladflphia. 



Transportation 
of state paupers. 



Chaj). 4. 



Corporation 
dissolved. 



MISCELLANEOUS. 

The unexpended balance, amounting to one thousand 
five hundred fifty dollars and eighty cents, of the ap- 
propriation made in chapter seventy-one of the resolves 
of the year eighteen hundred and seventy-five, for expenses 
incurred under the direction of the governor and council, 
in connection with the centennial exhiijition at Philadel- 
phia, is hereby reappropriated for the purposes set forth 
in said resolve. 

For the transportation of state paupers, to be expended 
by the general agent of the board of state charities, a sum 
not exceeding ten thousand dollars ; and if at any time it 
shall be found necessary, a sum not exceeding one thou- 
sand dollars may be advanced on account of said transpor- 
tation : 2^^'ovided, a detailed report of such expenditure 
shall be rendered to the auditor of accounts whenever 
required. 

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

Ajjpi'oved January 30, 1877. 

An Act to dissolve the corporation of the trustees of the 

MUSEUM op comparative ZOOLOGY. 

Be U enacted, &c., as follows: 

The corporation of the Trustees of the Museum of Com- 
parative Zoology, created by chapter two hundred and 
eight of the acts of the year eighteen hundred and fifty- 
nine is hereby dissolved, subject to the provisions of sec- 
tions thirty-six and thirty-seven of chapter sixty-eight of 
the General Statutes. Api^roved January 30, 1877. 



Chct]). 



Amendment to 
1846, 167, § 11. 



An Act to amend section eleven of chapter one hundred and 
sixty-seven of the acts of the year eighteen hundred and 
forty-six, relating to supplying the city of boston with 
pure water. 

Be it enacted, &c., as follows: 

Section 1. Section eleven of chapter one hundred and 
sixty-seven of the acts of the 3'car eighteen hundred and 
forty-six is hereby amended by striking out the words 
"mayor, treasurer and auditor of the cit}', or the major 
part of them for the time being," and inserting instead 
thereof the words, "board of commissioners on tlie sinking 
funds for the i)ayment or redemption of the city debt as 
constituted by ordinance of said city." 

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

Approved February 6, 1877. 



1877.— Chapters G, 7, 8. 417 

An Act TO extend the time for ohganizing certain railroad (^]iap, 6. 

COHPORATIONS UNDER CHAPTER NINETY-NINE OF THE ACTS OF THE ^' 

YEAR EIGHTEEN HUNDRED AND SEVENTY-SIX. 

Be it enacted, &c., as follows : 

Section 1. The time within which any railroad cor- Time for 

, •iiii'A'i? organization 

poration may be organized under chapter ninety-nine ot extended. 
the acts of the year eighteen hundred and seventy-six, is 
hereby extended to the thirty-first day of December in 
the year eighteen hundred and seventy-seven. 

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

Approved February 8, 1877. 

An Act to amend chapter one hundred and thirty of the acts Q/iap. 7. 

OF THE YEAR EIGHTEEN HUNDRED AND SEVENTY-SIX, ENTITLED 
" AN ACT TO SUPPLY THE TOWN OF HINGHAM WITH PURE WATER." 

Be it enacted, &c., as follows : 

Section two of chapter one hundred and thirty of the Amendment to 
acts of the year eighteen hundred and seventy-six, is hereby ' ' 
amended by striking out the word "Scituate" and sub- 
stituting therefor the words " South Scituate." 

Approved February 12, 1877. 
An Act to incorporate the veteran association of the inde- q/i^j^ g 

PENDENT CORPS OF CADETS. ■^' 

Be it enacted, &c., as folloivs : 

Section 1. Christopher C. Holmes, Charles R. Cod- Corporators. 
man, John Jeffries, Charles Amory, Oliver W. Peabody, 
Jerre Abbott, William J. Dale, George P. Sanger, J. 
Harris Reed, Martin Brimmer, Samuel H. Russell, Francis 
Brooks, Charles F. Shimmin, Samuel Hammond, Henry 
L. Pierce, Joseph M. Churchill, Henry W. Williams, 
William S. Appleton, Arthur J. C. Sowdon, Otis E. 
Weld, Curtis B. Raymond, William C. Codman, Adin B. 
Underwood, John D. Parker, Jr., George P. Denny, 
Edward F. Daland, Lewis W. Tappan, Alpheus H. Hardy, 
Edward B. Richardson, Gershom C. Winsor, William S. 
Bond, George H. Quincy, George P. King, Charles E. 
Fuller, Edward F. Thayer, William B. Bird, William 
Putnam Kuhn, Horace Binney Sargent, Jr., Samuel C. 
Oliver, Hasket Derby, Charles E. Inches, Joseph A. 
lasigi, being past members of the organization now called 
the first corps of cadets, Massachusetts volunteer militia, 
and commissioned oflicers of the forty-fifth regiment Mas- 
sachusetts volunteer infantry, and such other persons as 

53 



418 



1877.— Chapter 9. 



Powers and 
duties. 



Objects of the 
corporation. 



May adopt 
constitution 
and by-laws. 



Real and per- 
sonal property. 



Amendment to 
1874, 320, § 149. 



Qliaj). 9. 



Old Colony 
Railroad Co. 
may purchase 
South Shore 
Railroad. 



are or may hereafter become associated with them, are 
hereby constituted a body corporate by the name of the 
Veteran Association of the Independent Corps of Cadets, 
having the privileges and subject to the duties and liabil- 
ities set forth in all general laws which now are or here- 
after may be in force relating to corporations. 

Section 2. The o])jects of this corporation shall be to 
preserve the traditions and customs of the above named 
corps ; to promote its welfare, and to continue and foster 
its friendships and associations. 

Section 3. The said corporation shall have power to 
adopt a constitution and by-laws, rules and regulations for 
the admission of members and their government, the elec- 
tion of officers and prescribing their duties, the suspend- 
ing and expelling of members, and for the safe keeping of 
its property and funds, and from time to time to alter or 
repeal such constitution, by-laws, rules and regulations. 

Section 4. The said corporation shall have power to 
hold property, real and personal, to an amount not exceed- 
ing twenty-five thousand dollars. 

Section 5. Section one hundred and forty-nine of 
chapter three hundred and twenty of the acts of the year 
eighteen hundred and seventj^-four is hereby amended by 
inserting after the word "Newlniryport " the words "the 
veteran association of the independent corps of cadets of 
Boston." 

Section 6. This act shall take effect upon its passage. 

Approved February 13, 1877. 

An Act to authorize the old colony railroad company to 

PURCHASE the RAILROAD OF THE SOUTH SHORE RAILROAD COM- 
PANY. 

Be it enacted, &c., as folloivs : 

Section 1. The Old Colony Kailroad Company is 
authorized to purchase the rights, franchises and property 
of the South Shore. Kailroad Company ; and the said South 
Shore Railroad Company is authorized to convey and 
assign to the said Old Colony Kailroad Company its rail- 
road, franchises and property, and all the rights, ease- 
ments, privileges and powers granted to it ; and the said 
Old Colony Kailroad Company shall, upon such convey- 
ance being made to it, have and enjoy all the rights, 
powers, privileges, easements, franchises and proi)erty of 
said South Shore Kailroad Company, and be subject to all 
the duties, liabilities, obligations and restrictions to which 



1877.— Chapteks 10, 11, 12. 419 

said hist nnmecl corporation may be subject : provided^ Proviso. 
however, that such purchase or sale shall not be valid, 
unless agreed to by the directors of the first named corpo- 
ration, and approved by three-fourths of the votes at a 
meeting of the stockholders of said last named corporation 
called for that purpose and by the board of railroad com- 
missioners. 

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

Aiyproved February 13, 1877. 

An Act to authokize the Hamilton manufacturing company of (JJian 10 

LOWELL TO INCREASE ITS CAPITAL STOCK. -^ ' 

Be it enacted, &c., as folloios : 

Section 1. The Hamilton Manufacturing Company in Additional 
the city of Lowell is hereby authorized to increase its <='''i"''''' ^'o'^'^- 
capital stock to a sum not exceeding fifteen hundred thou- 
sand dollars, and to invest such portions thereof in real 
and personal estate as may be necessary and convenient 
for carrying on its business. % 

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

Approved February 13, 1877. 

An Act to amend an act to authorize the city of boston to CJiar). 11. 

CONSTRUCT A SEWER IN THE MYSTIC VALLEY. ^' 

Be it enacted, &c., as folloivs : 

Section 1. Section one of chapter two hundred and Amendment to 
two of the acts of the year eighteen hundred and seventy- ^^'^-^^^'S^- 
five is hereby amended by striking out the words "and on 
the easterly side of the ponds and streams which discharge 
into said Mystic Pond." Section seven of said act is 
amended by striking out the words "to the northward and 
eastward of said system of sewers of the city of Boston, 
and." 

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

Approved February 16, 1877. 

An Act in addition to an act to incorporate the proprietors Chap. 12. 

OF THE catholic CEMETERY IN DORCHESTER. 

Be it enacted, &c., as follows : 

Section 1. The corporation known by the name of the Name changed 
Catholic Cemetery Association in Dorchester, shall be oufcemetery''" 
hereafter known by the name of the Boston Catholic ^««°«='^i°n- 
Cemetery Association. 

Section 2. Said corporation may hold real and per- Reai and 
sonal estate, for the purposes for which it was established, p"'^^"'*! ^«t^'^- 



420 



1877.— CiLiPTEKS 13, 14, 15. 



Additional real 
and personal 

estate. 



Chap. 14. 



May confer 
degrees and 
diplomas. 



to the amount of one hundred thousand dollars, in addition 
to the amount that said corporation is now authorized by 
law to hold. 

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

Apjyi'oved February 16, 1877. 

Chap. 13. An Act in addition to an act to incorporate the Massachu- 
setts HISTORICAL SOCIETY. 
Be it enacted, &c., as follows : 

Section 1. The Massachusetts Historical Society is 
hereby authorized to hold real and personal estate, in 
addition to its library, to an amount of three hundred 
thousand dollars. 

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

Approved February 16, 1877. 

An Act in relation to wellesley college. 
Be it enacted, &c., as folloivs : 

The corporation of Wellesley College is hereby author- 
ized to grant such honorary testimonials, and confer such 
honors, degrees and diplomas as are granted or conferred 
by any university, college or seminary of learning in this 
Commonwealth ; and the diplomas so granted shall entitle 
the possessors to the immunities and privileges allowed by 
usage or statute to the possessors of like diplomas from 
any university, college or seminary of learning in this 
Commonwealth : provided, nevertheless, that no such hon- 
ors, degrees or diplomas shall be conferred except by the 
vote of a majority of the trustees of said corporation. 

Approved February 16, 1877. 

An Act to incorporate the boston produce exchange. 
Be it enacted, &c., as folloivs : 

Section 1. Freeman J. Doe, Salmon P. Hibbard, 
Morris B. Boynton, David Ellis, Eeuben P. Benton, their 
associates and successors, are hereby made a corporation 
by the name of the Boston Produce Exchange, for the 
purpose of promoting and increasing the facilities for trade 
in produce in the city of Boston and its vicinity ; with all 
the powers and privileges, and subject to all the duties 
and liabilities set forth in all general laws which now are 
or hereafter may be in force concerning such corporations : 
provided, that nothing in this act contained shall be con- 
strued to authorize said corporation to trafKc in goods, 
wares or merchandise of any description. 



Proviso. 



Ohap. 15, 

Corporators. 



Powers and 
duties. 



Proviso. 



1877.— Chapters 16, 17. 421 

Section 2. Said corporation may hold real and per- Reaiand 

d... /■. T iitji personal estate. 

estate to an amount not exceeding one hundred thou- 
sand dollars to be devoted exclusively to the purposes of 
said corporation. 

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

Aj)proved February 16, 1877. 

An Act to regulate the fisheries in lake quannapowitt, and (JJi^n \q 

IN SAUGUS RIVER AND ITS TRIBUTARIES. -^ ' 

Be it enacted, &c., as follows : 

Section 1. No person shall fish with a net or seine in Fisheries 
Lake Quannapowitt, or in Saugus River or its tributary ''®^"'*''^'- 
streams in the counties of Middlesex and Essex, other than 
the one running from Flax Pond in the city of Lynn, nor 
in any manner take or catch any shad, salmon or alewives 
in said waters until the first day of January in the year 
eighteen hundred and eighty-two, under the penalty of 
fifty cents for each alewife, one dollar for each shad, and 
ten dollars for each salmon so taken : jprovided, that the Proviso. 
several fish committees of the towns of Wakefield and 
Saugus, or such person or persons as may be authorized 
by them, may take such fish as may be required to re-stock 
said river and its tributaries. 

Section 2. The several fish committees of the towns Fish committees 
of Wakefield and Saugus, or any member or members of dlXoTweh-r,"*^ 
said committees, may remove any and all nets, seines, '^^°" 
weirs or other fishing apparatus, used in violation of the 
provisions of this act. 

Section 3. Any person who shall place or cause to be Penalties. 
placed in the waters of Lake Quannapowitt, or of the 
Saugus River or any of its tributaries, not herein exempted, 
or who shall cause to flow into said waters any substance 
whereby the fish therein may be destroyed or injured, or 
their passage hindered or obstructed, shall be punished by 
a fine not exceeding fifty dollars for each offence. 

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

Approved February 16, 1877. 

An Act to authorize the appointment op a second assistant QJicm, 17. 

CLERK of the superior COURT FOR CIVIL BUSINESS IN THE COUNTY 
OF SUFFOLK. 

Be it enacted, &c., as follows : 

Section 1. The justices of the superior court, or a Second assistant 
majority of them, may appoint a second assistant clerk ^f ° ^'"-^''* ^""y- 
said court for civil business in the county of Suffolk, who 



422 



1877.— Chapters 18, 19, 20. 



To pay over fees 
to clerk ; to give 
bond. 



Amendment to 
1876, 167. 



shall hold his office at their pleasure and who shall receive 
in full for all services performed by him an annual salary 
of fifteen hundred dolhirs, to be paid quarterly by the 
county of Suflblk. 

Section 2. Said second assistant clerk may, under the 
direction of the justices aforesaid, perform all duties which 
may be jierformed by the clerk, and shall pay over to the 
clerk all fees and sums received by him as said assistant. 
He shall give bond to the treasurer of said county in the 
sum of one thousand dollars, with sureties to the satisfac- 
tion of the justices aforesaid, conditioned for the faithful 
jDcrformance of his duties. 

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

Approved February 16, 1877. 

Chap. 18. An Act to amend chapter one hundred and sixty-seven of 

THE acts of the YEAR EIGHTEEN HUNDRED AND SEVENTY-SIX, 
CONCERNING ATTACHMENTS. 

Be it enacted, &c., as follows : 

Section 1. The special precepts mentioned in chapter 
one hundred and sixty-seven of the acts of eighteen hun- 
dred and seventy-six may be issued by any of the courts 
named in section one of said chapter, or by any justice 
thereof, at any time, either in term time or vacation. 

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

Ajyproved February 16, 1877. 

Chap, 19. "^N Act to change the name of the amesbury savings bank. 
Be it enacted, &c., as follows : 

Section 1. The Amesbury Savings Bank shall be 
called and. known as the Merrimac Savings Bank. 

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

Aiiproved February 21, 1877. 

Chap. 20. An Act to authorize the potomska mills corporation to 

INCREASE ITS CAPITAL STOCK AND TO ISSUE SPECIAL STOCK. 

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

Section 1. The Potomska Mills Corporation is hereby 
authorized to increase its capital stock by adding thereto 
a sum not exceeding nine hundred thousand dollars, and 
to invest such portion thereof in real and personal estate 
as may be necessary and convenient for the purposes for 
which it has been incorporated : provided, that no .shares 
in the capital stock herel)y authorized shall bo issued for a 
less sum to be actually paid in on each, than the par value 



Name changed 
to Merrimac 
Savings Bank. 



May increase 
capital stock. 



Proviso. 



1877.— Chapters 21, 22. 423 

of the shares in the original capital stock of said corpo- 
ration. 

Sectiox 2. Said corporation, by vote of three-fourths May issue 
in value of the stockholders present and voting at any ^^''"'* ^'""^ ' 
meeting duly called for the purpose, within one year from 
the passage of this act, may issue special stock to such an 
amount and upon such terms and conditions, except as 
hereinafter specified, as may be determined by said vote : 
provided, that the whole capital stock of said corporation Provisos. 
including said special stock- shall not exceed fifteen hun- 
dred thousand dollars. Said special stock shall be entitled 
to a preference over the general stock in the payment of 
dividends from the earnings of said corporation ; provided, 
that no dividend to said preferred stock shall exceed six 
per cent, annually upon the par value thereof. Said stock 
shall be convertible into general stock, at the option of 
the holder, upon notice to the treasurer. 

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

Approved February 21, 1877. 

An Act to amend an act to incorporate the boston and Chap. 21. 

WORCESTER RAILROAD MUTUAL BENEFIT ASSOCIATION. 

Be it enacted, &c., as follows: 

Section 1. Chapter one hundred and seventy of the Amendment to 

1855 17U 

acts of the year eighteen hundred and fifty-five is hereby 
amended so that the association incorporated by said act 
may hold its meetings at any station on the line of the 
Boston and Albany Kailroad Company within this state. 
Section 2. This act shall take effect upon its passage. 

Ajyproved February 21, 1877. 

An Act in addition to an act to incorporate the proprietors Q/iap, 22. 

OE THE cattle FAIR HOTEL IN THE TOWN OF BRIGHTON. 

Be it enacted, &c., as follows: 

Section 1. The corporation known as the Cattle Fair May be dis- 
Hotel is hereby authorized, from time to time, to discon- rpubiirLJ'use. 
tinue the use as a public house of the hotel building owned 
by it, and the use of the outbuildings, pens and other 
structures in its act of incorporation named, for the pur- 
poses therein specified ; and said corporation is further 
authorized to sell and convey or in any manner dispose of M-iyseii 
or use the property, both real and personal, held by it, as p'°p"^" 
said corporation may from time to time determine. 

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

Ax>proved February 21, 1877. 



424 



1877.— Chaptees 23, 24. 



Chap. 23. 



Overseers of 
the poor to be 
elected for one, 
two and three 
years. 



May bo removed 
from office by 
the city council. 



Organization 
of board. 



Repeal. 
1857, 18, § 5. 



Subject to 
acceptance by 
city council. 



Chap. 24. 



Amendment to 
1876, 47, § y. 



An Act to establish the board of overseers of the poor in 

THE CITr OF CHELSEA. 

Be it enacted, cBc, as follows : 

Section 1. In the month of December in the present 
year, the city council of the city of Chelsea, by concurrent 
vote, shall elect three persons to serve as meml)ers of the 
board of overseers of the poor, for one, two and three 
3'^ears, respectively, and annually thereafter in the month 
of December, said city council shall elect in the same 
manner one person to serve as a member of said board for 
three years ; and the persons so elected shall begin their 
respective terms of service on the first Monday of January 
next after their election. 

Section 2. The said city council may at any time, for 
cause, remove any member of said board and shall fill any 
vacancy therein by election in the manner hereinbefore 
provided, as soon as may be after the occurrence of such 
vacancy ; and the person elected to fill a vacancy shall 
serve during the remainder of the term for which his pred- 
ecessor was elected. 

Section 3. On the first Monday of January in each 
year, said board shall meet and organize by the choice of a 
chairman from their own number, and a clerk not of their 
own number, and such other subordinate oflicers not of 
their own number as they shall deem expedient, and shall 
define the duties, and fix the salaries to be paid out of the 
city treasury, of the clerk and other subordinate officers ; 
but no member of said board shall receive any compensa- 
tion whatever. 

Section 4. So much .of section five of chapter eighteen 
of the acts of the year eighteen hundred and fifty-seven, 
entitled "An Act to establish the city of Chelsea," as 
relates to overseers of the poor, and all acts and parts of 
acts inconsistent herewith are hereby repealed. 

Section 5. This act shall take efiect upon its accept- 
ance by the city council of the city of Chelsea, by concur- 
rent vote : 2:)rovided, the same shall be accepted Avithin six 
months from the date of its passage. 

Approved February 21, 1877. 

An Act to amend an act in relation to text-i'.ooks in the 

public schools. 
Be it enacted, &c., as folloivs : 

Section 1. Chapter forty-seven of the arts of the year 
eighteen hundred and seventy-six is hereby aniendod, in 



1877.— Chapters 25, 26. 425 

the third section by addinof thereto the words, "on giving 
up a copy of the superseded book in condition fit to be 
used." 

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

Ajjproved February 21, 1877. 

An Act to confirm certain acts of the town of methuen. Q/iar). 25. 

Be it enacted, &c., as follows : 

Section 1. The action of the town of Methuen, at a Action of the 
meeting thereof held on the third day of July and by "^"'^"^ ^^^ • 
adjournment on the seventeenth day of July in the year 
eighteen hundred and seventy-six, in voting to appropriate 
the sum of one thousand dollars for the purpose of defray- 
ing the expense of the celebration of the one hundred and 
fiftieth anniversary of its incorporation as a town, and the 
one hundredth anniversary of the national existence on the 
seventh day of September in the year eighteen hundred 
and seventy-six, is hereby authorized, ratified and made 
valid ; and the said town is hereby authorized to raise the 
said sum by taxation for the purpose aforesaid. 

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

Ap2:)roved February 21, 1877. 
An Act to preserve the eel fisheries in musquashuit creek Qhnr) 26 

and its TRIBUTARIES IN the towns OF SCITUATE AND COHASSET. ^' 

Be it enacted, &c., as follows : 

Section 1. Whoever takes, catches or destroys any Eei fisheries 
eels in Musquashuit Creek or its tributaries, in the towns ^<^g^'^'^<^- 
of Scituate and Cohasset, in the counties of Plymouth and 
Norfolk, 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. 

Section. 2. Whoever wilfully places any obstruction, penalty for 
or otherwise interferes with the free passage of eels in passageof^eluf 
said creek or tributaries, 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, Recovery of 
with costs, may be recovered in any court competent to *^"^^' 
try the same. 

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

Approved February 21, 1877. 
54 



426 1877.— Chapters 27, 28, 29. 

Chap. 27. An Act to fix the salary of the second clerk in the depart- 
ment OF THE secretary of the commonwealth. 

Be it enacted, &c., as follows : 

Salary estab- SECTION 1. Froiii and aftci" tliG fii'st (la}' of January in 

the year eighteen hundred and seventy-seven, the second 
clerk in the department of the secretary of the Common- 
wealth shall receive a salary of seventeen hundred dollars 
per annum. 

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

A2Jj)rovcd February 27, 1877. 

Chat) 28. An Act IN RELATION to the surrender of securities deposited 
^' ' with the treasurer by insurance companies. 

Be it enacted, &c., as follows : 
Securities may SECTION 1. Sccurities dcpositcd with the treasurer of 
when company thc Commonwcalth by any insurance company under the 
business^hi the° provisious of tlic sixth scctiou of chapter one hundred and 
Commonwealth, fo^.ty-one of the acts of the year eighteen hundred and 
seventy-three, may be surrendered to the company so 
depositing the same, whenever satisfactory proof shall have 
been furnished to the insurance commissioner that said 
compan}^ has ceased to do business in this Commonwealth, 
and that all its liabilities to the Commonwealth and to 
holders of policies effected in this Commonwealth have 
been cancelled and discharged. 

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

Approved February 27, 1877. 

Chan 29 "^^ ^^^ '^^ provide for the revocation of licenses of insur- 

-^ * ■ ance brokers for certain causes. 

Be it ejiacted, &c., as follows : 

Insurance SECTION 1. Whenever it shall appear to the insurance 

may be revoked commissiouer of this Commonwealth that any insurance 

to'pay'over*' brokcr, holdiug a license as such broker from said commis- 

Fected"'^^ ''°'' sioner, has collected the premium or any portion thereof 

npon any policy of insurance intrusted to said broker by 

any insurance company organized or incorporated under 

the laws of this Commonwealth, or by any duly authorized 

agent in this Commonwealth of an insurance t'om[)any of 

another state or foreign country, and has failed or neglected 

to pay over the same to said insurance compau}' or agent 

entitled to the same, within thirty days from the time the 

said premium was collected, it shall then be the duty of 

the insurance commissioner to revoke the license of such 

broker, and such license shall not be renewed nor any new 



1877.— Chapters 30, 31. 427 

license granted in place thereof to said party within one 
year from the date of such revocation. 

Section 2. Before any license shall be revoked, as statement of 

filCtS to 1)G 

provided in the first section of this act, the insurance sworn to by 

. . Ill • /> • 1 • the company 

commissioner shall require from any aggrieved insurance aggrieve^. 
company or agent as aforesaid, a written statement of 
facts signed and sworn to by any ofiicer of the insurance 
company, or by the authorized agent as aforesaid, showing 
the amount of premium and of whom and by whom 
collected, for what policy or policies, and the date of such 
payment or payments, and such other evidence as said 
commissioner may desire, to clearly establish the facts in 
the case, and said broker may be heard before said com- 
missioner in his defence, in such manner and at such time 
as said commissioner shall determine. 

Section 3. Insurance comiianies and agents as aforesaid Broker to be 
shall, at least five days before furnishing to the insurance 
commissioner the statement required by the second section 
of this act, notify the broker affected by such statement 
by a notice in writing, delivered to him personally or by 
letter post-paid, or delivered at the residence or place of 
business of said broker, giving a substantial copy of the 
statement to be presented to the insurance commissioner, 
and the date it is to be so presented, and they shall furnish 
the proper proof that such notice has bpen given. 

Section 4. Whenever a brokers license has been Notice of revo. 

/.,i- .ii- •• cation of license 

revoked by virtue ot this act, the insurance commissioner to be published 
shall cause notice of such revocation to be published in commhsstoner. 
such manner as he may deem best for the protection of 
the public. Approved February 27, 1877. 

An Act to amend section twenty-one of chapter seventeen Chap. 30. 

OF the general statutes, KELATING TO COUNTi' TAXES. 

Be it enacted, &c., as follows : 

Section twenty-one of chapter seventeen of the General ^"""rs t^fi™'^' 
Statutes is hereby amended by addinoj at the end of the the time when 

1 -X rr T 1 11 1 1^ 1 M ii a' county taxes 

section the words, and shall also fix and prescribe the time shaiibepaid. 
for the payment of the same." Aj^proved February 27, 1877. 

An Act relating to the appointjient of trustees under wills. (J/iap. 31. 
Be it enacted, &c., as follows: 

Section 1. The probate courts shall have exclusive orig- Probate court to 
inal jurisdiction of the appointment of trustees under wills, ofisinai juris. 

Section 2. All acts and parts of acts inconsistent here- pointme°nt^of 
with are hereby repealed. Api^roved February 27, 1877. t^!;^tee8 under 



428 



1877.— Chapter 32. 



Chaj). 32. An Act in further addition to an act making appropriations 

FOR THE MAINTENANCE OF THE GOVERNMENT DURING THE PRESENT 
YEAR. 

Be it enacted, &c., as folloxvs : 
Appropriations. SECTION 1. The suins hereinafter mentioned are appro- 
priated for the purposes specified, to be paid from the 
ordinary revenue, unless otherwise ordered, to meet the 
current expenses of the year ending on the thirty-first day 
of December, in the year eighteen hundred and seventy- 
seven, 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- 
gcaut-at-arms. 



Postage, etc., 
for governor 
and council. 

Contingent 
expenses of 
council. 

Expenses of 

executive 

depurttneut. 



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 dolhirs. 

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 §euate, a sum not 
exceeding one thousand dollars. 

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

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

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

For the contingent expenses of the governor and council, 
a sum not exceeding one thousand five hundred dollars. 

For such other expenses of the executive department as 
the governor may find necessary, a sum not exceeding five 
thousand dollars. 



STATE HOUSE EXPENSES. 



State bouse— For fuel and lis-hts for the state house, a sum not cxceed- 

lel and lights. . /. , i i t n 



Fuel 



Furniture and 
repairs. 



ing four thousand dollar*. 

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



1877.— Chapter 32. 429 

.For contingent expenses of the senate and house of Contingent 
representatives, and necessary expenses in and about the senate unci 
state house, a sum not exceeding tive thousand doHars. res^n'tatives!" 
For rent, taxes and other expenses connected with house Expenses of 
number thirty-three Pemberton Square, a sum not exceed- bCrtoVsauLTe. 
ing eleven thousand dollars. 

STATE PRINTING. 

For printing the pamphlet edition of the general acts Printing general 
and resolves of the present year, for distribution in the 
Commonwealth, a sum not exceeding eight thousand 
dollars. 

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

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

For printing the public series of documents for the Pubiicdocu- 
present year, under the direction of the secretary of the 
Commonwealth, and for binding the copies to be distrib- 
uted to the cities and towns, a sum not exceeding forty 
thousand dollars. 

For term reports, a sum not exceeding five thousand Term reports. 
dollars. 

For the publication and editing of the supplement to the supplement 
General Statutes for the present year, a sura not exceeding statutes.^ 
eight hundred dollars; viz., six hundred dollars for the 
publication, and two hundred dollars for the editing of the 
same. 

INCIDENTAL AND CONTINGENT EXPENSES. 

For incidental expenses of the secretary's department, a incidental 
sum not exceeding five thousand dollars ; and for assessors' Becnt^'ary7 
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 Treasurer. 
sum not exceeding one thousand five hundred dollars. 

For expenses of the tax commissioner, a sum not exceed- Taxcommis- 
ing three thousand five hundred dollars. ^'°"'^'"" 

For expenses of the auditor's dej^artment, the same to Auditor. 
include expenses attending the administration of the law 



430 



1877.— Chaptee 32. 



Insurance 
commissioner. 



Supreme 
judicial court. 

Attorney, 
general. 

Civil actions. 



providing state aid for Massachusetts volunteers and their 
families, a sum not exceeding seven hundred dollars. 

For expenses of the insurance commissioner's depart- 
ment, a sum not exceeding six thousand dollars, one-third 
of which sum may be used in the life department, and shall 
be payable from fees received for valuation of life policies. 

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

For incidental and contingent expenses of the attorney- 
general's department, a sum not exceeding two thousand 
dollars ; and for expenses of civil actions, a sum not exceed- 
ins: three hundred dollars. 



Adjutant- 
general — 
incidentals. 



Compensation 
of militia. 



Transportation. 



Quartermaster 

— incidentals. 



Supplies. 



Rent of armo- 
ries, etc. 



Military ac- 
counts. 



Books of 
instruction. 

Surgeon- 
general. 

Medical 
supplies. 



Reimbursement 

for slate aid. 



MILITARY. 

For incidental and contingent expenses of the adjutant- 
general's department, a sum not. exceeding three thousand 
dollars. 

For the compensation of officers and men of the volun- 
teer militia, for military duty, a sum not exceeding sixty 
thousand dollars. 

For the transportation of officers and men of the volun- 
teer militia, while on military duty, a sum not exceeding 
twelve thousand dollars. 

For incidental and contingent expenses of the bureau of 
the quartermaster-general, a sum not exceeding seven thou- 
sand dollars. 

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

For rent of brigade and battalion headquarters, and 
company armories, a sum not exceeding twenty-tive thou- 
sand dollars. 

For military accounts, in connection with the volunteer 
militia, not otherwise provided for, a sum not exceeding 
live thousand dollars. 

For books of instruction for the use of the volunteer 
militia, a sum not exceeding five hundred dollars. 

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

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

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



1877.— Chapter 32. 431 

and their families, a sum not exceeding four hundred thou- state aki under 
sand doUars, 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 

• i.T 1 . Ti.1 1. special lawa. 

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

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

For expenses attendino^ elections in the volunteer militia, Expenses 

*- ^ o ' attending 

a sum not exceeding one thousand dollars. elections. 

AGKICULTURAL. 

For bounties to agricultural societies, a sum not exceed- Bounties to 
ing eighteen thousand dollars. societies. 

For the personal expenses of members of the board of Expenses of 
agriculture, a sum not exceeding one thousand dollars. bo'ard. 

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

The fees received under section two of chapter two hun- Fees for licenses 
dred and six of the acts of the year eighteen hundred and "'^der 1874, 206, 
seventy-four, entitled "An Act concerning commercial fer- 
tilizers," are appropriated, to be used in accordance with 
the provisions of section five. of the same act. 

MISCELLANEOUS. 

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

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

For compensation of experts, or other agents, for rent Railroad 
of ofiice and for contingent expenses of the railroad com- coIni'igenT^'^^' 
missioners, a sum not exceeding two thousand seven hun- expenses. 
dred dollars. 

For compensation of the commissioners on public lands, commissioners 
a sum not exceeding two thousand five hundred dollars; °"^" 
and for contingent expenses of said commissioners, a sura 



432 



1877.— Chapter 33. 



Commissioners 
on fisheries. 



not exceecling seven hundred and fifty dollars ; for filling, 
grading, etc., a sum not exceeding two thousand dollars; 
said sums to be paid from the "commissioners on public 
lands funds." The proceeds of sales of public lands are 
hereby appropriated to be applied in accordance with the 
statutes. 

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

For travelling and incidental expenses of the commis- 
sioners on savinors banks, a sum not exceedins: one thou- 
sand dollars. 

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

For ex[)enses 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 thirteen thousand dollars. 

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

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

Approved February 27, 1877. 
Chap. 33. An Act making appropriations for the expenses of the state 

ALMSHOUSE, THE STATE PRIMARY SCHOOL AT MONSON, THE STATE 
PRISON, THE REFORM SCHOOL AT WESTBOROUGH, THE INDUSTRIAL 
SCHOOL AT LANCASTER, THE BRIDGEWATER WORKHOUSE, THE STATE 
DETECTIVE FORCE, AND FOR OTHER PURPOSES. 

Be it enacted, tbc, as follows : 
Appropriations. Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Commonwealth, 
from the ordinary revenue, unless otherwise ordered, for 
the purpose of meeting the current expenses of the insti- 
tutions hereinafter named, and for other purposes, during 
the year eighteen hundred and seventy-seven, to wit : — 



State board of 
health. 

Commissioner 
of corporations 

Harbor com- 
missioners. 



Commonwealth 
Ihits at Soutli 
Boston. 



State alms- 
house, Tewks- 
bury. 



State primary 
school, Monson. 



CHARITABLE. 

For the payment of salaries at the state almshouse at 
Tewksbuiy, a sum not exceeding nineteen thousand dol- 
lars ; and for other current expenses of said institution, a 
sum not exceeding seventy-three thousand dollars. 

For the payment of salaries at the state primary school 
at Monson, a sum not exceeding twelve thousand dollars ; 



1877.— Chapter 33. 433 

and for other current expenses of said institution, a sum 
not exceeding thirty-two thousand dollars. 

For expenses of the general agent of the board of state General agent's 
charities, a sum not exceeding one thousand five hundred '^'^p™^^^' 
dollars. 

For expenses of the secretary of the board of state secretary's 
charities, a sura not exceeding eight hundred dollars. expenses. 

For expenses of the visiting agent of the board of state visiting agent's 
charities, a sura not exceeding four thousand one hundred ®^p°"®®^- 
dollars. 

For expenses of the agent for the sick of the state poor, Agent for sick 
a sura not exceeding one thousand five hundred dollars. 

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

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

For the support of state paupers by cities and towns, a Support of state 

, T i J /i T 1 11 paupers by 

sum not exceedmg twenty thousand dollars. cities and towns. 

For the burial of state paupers, a sum not exceeding Buriai of state 
seven thousand dollars. paupeis. 

For expenses attending the raanageraent of cases of c.ases of settle. 

* II16Dt etc 

settlement and bastardy, and in connection with complaints 
of, or in behalf of, persons confined as lunatics, a sum not 
exceeding one thousand five hundred dollars. 

For the reimbursement of cities and towns for expenses Transportation 
incurred in the transportation of state paupers to the state ^ * ^ epaupere. 
almshouse, a sura not exceeding one thousand dollars. 

For the reiuiburseraent of the Massachusetts infant as}^- infant asylum. 
lura for the support of infants having no known settleraent 
in the Comraon wealth, a sum not exceeding five thousand 
dollars. 

For the support of Indian state paupers, a sum not Indian state 
exceeding two hundred and fifty dollars. paupers. 

For the support of pauper convicts, a sum not exceeding Pauper convicts. 
five hundred dollars. 

For the annuities due from the Comraonwealth incurred Johonnot 

annuities. 

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 Annuities. 
four hundred and twenty-five dollars. 

For pensions, a sum not exceeding seven hundred and Pensions. 
sixteen dollars. 

55 



434 



1877.— Chapter 33. 



Idiotic and 

feeble-minded 

youth. 



Dangerous 
diseases. 



Expenses of 
visiting agent. 



For the Massachusetts school for idiotic and feeble- 
minded youth, a sum not exceeding seventeen thousand 
five hundred dollars. 

For expenses incurred in connection with small-pox and 
other diseases dangerous to the public health, a sum not 
exceedinof three thousand dollars. 

For expenses of the visiting agent of the board of state 
charities for the year eighteen hundred and seventy-six, 
the unexpended balance (amounting to one thousand and 
sixty-nine dollars) of the appropriation for salaries in his 
bureau for said year. 



State detective 
force. 



State prison. 



State reform 
school. 



Industrial 
school. 



State ■work- 
house. 



Fugitives from 
justice. 

Discharged 
convicts. 



Coroners' 
iaquests. 



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-six thousand 
four hundred dollars ; for travelling expenses actually paid 
by said detectives, a sum not exceeding eight thousand 
dollars ; and for incidental and contingent expenses, a sum 
not exceeding five thousand five hundred doUars. 

For the payment of salaries at the state prison, a sum 
not exceeding forty-eight 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 Westbonnigh, a sum not exceeding twenty-two thousand 
dollars ; and for other current expenses of said institution, 
a sum not exceeding forty-five thousand dollars. 

For the payment of salaries at the industrial school for 
o;irls at Lancaster, a sum not exceedino: eiuht thousand 
five hundred dollars ; and for other current expenses of 
said institution, a sum not exceeding seventeen thousand 
five luindred dollars. 

For the payment of salaries at the state workhouse at 
Bi'idgewater, a sum not exceeding eleven thousand dollars ; 
and for other current expenses of said institution, a sum 
not exceeding thirty-nine thousand dollars. 

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

For the salary of the agent for the relief of discharged 
convicts, one thousand dollars ; and for expenditures by 
said agent, a sinn not exceeding three thousand dollars. 

For expenses attending coroners' inquests, a sum not 
exceedins: one thousand five hundred dollars. 



1877.— Chapters 34, 35, 36. 435 

For expenses of the board of prison commissioners, a Prison com. 

, T ,. 1 ^ Till missioners. 

sum not exceeding nve hundred dollars. 

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

Approved February 27, 1877. 

An Act to amend cnAPTEii one hundred seventy-six of the (JJiar), 34. 

ACTS OF the year EIGHTEEN HUNDRED AND SEVENTY-FOUR, RELA- -^' 

TIVE TO THE CHARTER OF THE JAMAICA POND AQUEDUCT CORPO- 
RATION. 

Be it enacted, &c., as follows : 

The second section of chapter one hundred and seventy- Amendment to 
six of the acts of the year eighteen hundred and seventy- ^^''^-^''^'S • 
four is hereby amended by inserting after the words 
"bathes or," and before the words "lishes therein," the 
words, "between the first day of December in any year 
and the first day of April in the following year." 

Approved March 1, 1877. 

An Act to provide for taking the certificate required in QJiar). 35. 
limited partnerships when partners reside outside the -^' 
commonwealth. 
Be it e7tacted, &c., as follows : 

Section 1. When one or more partners of a limited certificate in 
partnership reside in any other state or country, the cer- ships when part- 
tificate required by chapter three hundred and twenty "f thrslate."" 
section one of the acts of the year eighteen hundred and 
seventy-three may be acknowledged before any United 
States consul, notary public or any magistrate in such 
other state or country authorized to take acknowledg- 
ment of deeds for the Commonwealth of Massachusetts. 
Section 2. This act shall take effect upon its passage. 

Approved March 1, 1877, 

An Act to amend an act relating to dividends of joint stock ninf) 3fi 

FIRE AND MARINE INSURANCE COMPANIES, AND TO DEFINE THE -^' 

WORDS " JOINT STOCK," AND CONFIRM THE ACTS OF CERTAIN INSUR- 
ANCE COMPANIES. 

Be it enacted, &c., as foUoivs : 

Section 1. The first section of chapter two hundred Amemiment to 
and twenty-two of the acts of the year eighteen hundred ' '' 
and seventy-four is hereby amended so that the words 
"joint stock fire and marine insurance companies organized 
under the laws of this Commonwealth " shall be construed 
to include all fire, marine, and fire and marine insurance 
companies in this Commonwealth, having a paid up cash 
capital stock in conformity to law whether acting by 



436 



1877.— Chapters 37, 38. 



Doings legalized 
and coutiiuiud. 



Chap. 37. 



Redemption of 
laiuls sold for 
non-payment 
©f assessments. 



Sales made 
under existing 
assessments. 



Chajy. 38. 



Term of office 
of engineers, 
etc., of fire 
departments. 



Amendment to 
Gen. Stat. 24. 



authority of a specific charter or organized under the 
general hiws of this Commonwealth, but not to include 
mutual insurance companies having a guarantee capital ; 
and the words "joint stock" as applied to insurance com- 
panies in the various statutes of this Commonwealth shall 
be construed as heretofore provided in this act. 

Section 2. All acts of insurance companies of this 
Commonwealth, whereby they have in good faith and with 
the approval of the insurance commissioner, acting under 
the supposed authority conferred by chapter two hundred 
and twenty-two of the acts of the year eighteen hundred 
and seventy-four, declared and paid dividends or increased 
their capital stock, they having otherwise conformed to 
the laws, are hereby legalized and confirmed. 

Approved March 10, 1877. 

An Act to provide for the redemptiox ok lands sold for non- 
payment OF certain assessments. 
Be it enacted, &c., as follows : 

Section 1. When any real estate is sold for non-pay- 
ment of an assessment thereon of a portion of the cost of 
any public improvement, it may be redeemed in the same 
manner by the same persons and on the same terms as if 
it had been sold for non-payment of taxes. 

Section 2. This act shall apply to all sales hereafter 
made under existinsr assessments. 

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

Ajyproved March 10, 1877. 

An Act relating to the term of office of enginemen and 

other members of fire departments. 
Be it enacted, &c., as follows : 

Section I. Any city or town which has established, 
or may hereafter establish, a fire department under the 
provisions of chapter twenty-four of the General Statutes, 
or acts in addition thereto or amendment thereof, may by 
vote of the city council in such city, or of the iuhal)itants 
of such town, at a meeting called for the purpose, appoint 
the term of office for the engineers, enginemen and other 
members of the fire department, to begin at any future 
day, and to end in one year from the day so appointed, 
and so on from year to year. 

Section 2. Whenever a year is Ihus apiiointed other 
than the year beginning on the first day of May, which is 
prescribed in said chapter twenty-four, all dates or other 
provisions of said chapter that have reference to the month 



1877.— Chapters 39, 40. 437 

of May, shall be so far altered as to have like reference to 
the first month of the year tlms appohited. 

Section 3. For the purpose of changuig, in accord- current terms 
ance with a vote passed as provided in section one, the abri!fged™r^ ^"^ 
system existing at any time, any city or town, may, by p^^iacied. 
another vote which may be passed at the same time, abridge 
or protract the current term of office of the engineers, 
enginemen and other members of the fire department : 
provided, that no term shall be made shorter than six 
months nor longer than eighteen months ; and provided, 
further, that the incumbents of such offices shall in all 
cases hold office until others are appointed in their stead. 

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

Approved March 10, 1877. 

An Act making appropriations for the education ok the bund, QJiar). 39. 

AND OF DEAF-MUTES, AND FOR OTUER EDUCATIONAL PURPOSES. 

Be it enacted, &c., as folloivs : 

Section 1. The sums mentioned in this section are Appropriations. 
appropriated and shall be paid from the treasury of the 
Commonwealth, to wit : — 

For the Perkins institution and Massachusetts asylum Perkins insti- 
for the blind, the sum of thirty thousand dollars. IS^'*'''^^ 

For the support of Massachusetts pupils in the American American 
asylum, and in other institutions for deaf-mutes, a sum deaf"mutes. 
not exceeding thirty thousand dolhirs. 

Section 2'. The income of the Rogers book fund shall Rogers boot 
be expended in accordance with the conditions named by the 
donor, in conformity with chapter two hundred and fifteen 
of the acts of the year eighteen hundred and fifty-seven. 

The income of the Todd normal school fund shall be Todd normal 
paid to the treasurer of the board of education, to be «'^'^°<^i f""*^- 
applied by said board in accordance with chapter thirty- 
six of the General Statutes. 

The income of the agricultural college fund shall be Agricultural 
paid in accordance with the provisions of chapte^rs one ^^ ^^'^ 
hundred and eighty-six and two hundred and twenty of 
the acts of the year eighteen hundred and sixty-three. 

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

Apjjroved March 10, 1877. 

An Act in relation to the metric system of weights and (J/iaj). 40. 

MEASURES. ■^' 

Be it enacted, &c., as follows : 

Section 1. That from and after the passage of this act The metric sys. 
it shall be lawful throughout the Commonwealth of Massa- Lnd mels^'ufes* 



438 



1877.— Chapter 40. 



may be lawfully chusetts to emplov the weights and measures of the metric 
system, and no contract or dealini^ or pleading in any 
court shall be deemed invalid or liable to objection because 
the weights or measures expressed or referred to therein 
are weights or measures of the metric system. The metric 
weights and measures received from the United States, and 
now in the treasury of the Commonwealth, may be used 
and taken as authorized public standards of weights and 
measures ; and these authorized standards shall in no case 
be removed from the treasury except under necessity for 
their preservation or repair. 
?eco?nizedin Section 2. Thc followiug tablcs shall be recognized 

the constniction jn the coustruction of contracts and in all leofal proceed- 

01 contracts, etc. . ,,.,.. n ^ -i -i 

mgs as estal)lishmg in terms or the weights and measures 
now in use in the state of Massachusetts, the equivalents 
of the weights and measures expressed therein in terms of 
the metric system ; and said tables may be lawfully used 
for computing, determining and expressing in customary 
weights and measures, the weights and measures of the 
metric system. 



Measures of 
length. 



Measures of Length. 



Metric denomiDations and values. 



Equivalents in denominations in use. 



Myriameter, 

Kilometer, 

Hectometer, 

Dekameter, 

Meter, 

Decimeter, 

Centimeter, 

Millimeter, 




10,000 meters. 
1,000 meters. 
100 meters. 
10 meters. 
1 meter. 
1-10 of a meter. 
1-100 of a meter. 
1-1000 of a meter. 



6.2137 miles. 

0.62137 mile, or 3,280 feet 10 inches. 

328 feet 1 inch. 

393.7 inches. 

39.37 inches. 

3.937 inches. 

0.3937 inch. 

0.0394 inch. 



MeiiRures of 
surface. 



Measures of Surface. 



Metric denominations and values. 



Equivalents in denominations in use. 



Hectare, 

Are, 

Centare, 



. 10,000 square meters. 
100 square meters. 
1 square meter. 



2.471 acres. 
119.6 square }-ards. 
1550 square inches. 



1877.— Chapter 40. 



439 



Measures of Capacity. 



Measures of 
capacity. 



Metric denominations and values. 


Equivalents in denominations in use. 


Names. 


Number 

of 
Liters. 


Cubic measure. 


Dry measure. 


Liquid or wine 
measure. 


Kiloliter oi 

Stere, 
Hectoliter, 

Dekaliter, 

Liter, . 

Deciliter, 

Centiliter, 
Milliliter, 




1,000 

100 

10 

1 

1-10 

1-100 

1-1000 


1 cubic meter, 

1-10 of a cubic me- 
ter. 
10 cubic decimeters. 

1 cubic decimeter. 

1-10 of a cubic deci- 
meter. 

10 cubic centime- 
ters. 

1 cubic centimeter. 


1.308 cubic yards. 

2 bush, and 3.35 

pecks. 
9.08 quarts. 

0.908 quart. 

6.1022 cubic inches. 

0.6102 cubic inch. 

0.061 cubic inch. 


264.17 gallons. 
26.417 gallons., 
2.6417 gallons. 
1.0567 quarts. 
0.845 gill. 
0.338 fluid ounce. 
0.27 fluid dram. 



Weights. 



Weights. 



Metric denominations and values. 


Equivalents in 
denominations in use. 


Names. 


Number 

of 
Grams. 


Weight of what quantity of 
water at maximum density. 


Avoirdupois weight. 


Millier or Tonneau, 




1,000,000 


1 cubic meter. 


2204.6 pounds. 


Quintal, 






100,000 


1 hectoliter. 


220.46 pounds. 


Myriagram, . 






10,000 


10 liters. 


22.046 pounds. 


Kilogram or Kilo 






•1,000 


1 liter. 


2.2046 pounds. 


Hectogram, . 






100 


1 decaliter. 


3.5274 ounces. 


Dekagram, . 






10 


10 cubic centimeters. 


0.3527 ounce. 


Gram, . 






1 


1 cubic centimeter. 


15.432 grains. 


Decigram, . 






1-10 


1-10 of a cubic centimeter. 


1.5432 grains. 


Centigram, . 






1-100 


10 cubic millimeters. 


0.1543 grain. 


Milligram, 






1-1000 


1 cubic millimeter. 


0.0154 grain. 



Section 3. The treasurer is hereby authorized and Treasurer to 

/, , . . , procure dupli 

directed to procure duphcate sets of the metric weights catesetsoftt 

and measures, conformable to the standards now in the and measures, 

treasury ; of which two sets shall ])e retained for the use 

of the treasurer and his deputy, and from which there shall 

be furnished one set to the treasurer of each shire town 

and of each city not a shire town in the several counties 

of the Commonwealth. 



uo 



1877.— Chapter 40. 



Duties of treas- 
urer of Com- 
monwealth and 
of treasurers 
of towns. 



Deputy treasur- 
er to sealmetric 
weights and 
measures. 

Sealers of 
weights and 
measures in 
towns. 



PersonB using 
metric weights 
and measures to 
have them sealed 
aud adjusted. 



Appropriation. 



Repeal. 



Section 4. The duties of the treiisurer of the Com- 
monwealth and his deputy, and the duties and responsibil- 
ities of the treasurer of each town, with respect to the 
keeping, care, verification and use of the standard weights 
and measures so furnished, shall be the same with those 
esta1>lished by existing statutes with respect to the stand- 
ard weights and measures heretofore provided. And it is 
hereby provided that no town in which there may be two 
or more sealers of weights and measures shall for that rea- 
son be required to procure additional sets of the metric 
weights and measures. 

Section 5. The deputy of the treasurer shall verify, 
adjust and seal all metric weights and measures that may 
be brought to him for that purpose, and he shall receive a 
reasonable compensation therefor. The sealer of weights 
and measures in each town that shall receive the standard 
metric weights and measures as hereinbefore provided, 
shall verify, adjust and seal all metric weights aud meas- 
ures that may be brought to him for that purpose from 
within the county in which such town is situated, and he 
shall receive a reasonable compensation therefor ; but he 
shall claim no fees for any sealing, verification or adjust- 
ment, for the performance of which he may otherwise 
receive compensation by salary paid by the town. 

Section 6. All persons using weights or measures of 
the metric system for the purpose of selling any goods, 
wares, merchandise or other commodities shall have them 
adjusted, sealed and recorded by some authorized sealer of 
weights and measures and shall thereafter be resjionsible 
for the correctness and exactness of the same ; and no per- 
son using illegally or fraudulently the metric weights or 
measures shall thereby be freed from any liabilities or 
penalties to which he would have been exposed in case 
the weights and measures employed had been the ordinary 
weights and measures heretofore and now in use in this 
Commonwealth. 

Section 7. The expense incurred in carrying out the 
provisions of this act shall not exceed twelve hundred dol- 
lars ; which sum is hereby ap])ropriated. 

Section 8. All acts or parts of acts inconsistent with 
the provisions of this act are hereby repealed. 

Section 9. This act shall take effect upon its passage. 

Approved March 10, 1877. 



1877.— Chapter 41. 441 

An Act concerning the overseers of the poor of the city of QJiap. 41. 

CAMBRIDGE. 

Be it enacted, &c., as follows : 

Section 1. The city council of the city of Ciimbriclge Overseers of the 
shall, in the month of April in the current year, in joint Cambridge^ ° 
convention, elect by ballot five persons, one at least from 
among the residents of each of the present representative 
districts of said city, to be overseers of the poor in said city, 
one person for one year, one person for two years, one 
person for three years, one person for four years and one 
person for five years ; and said council shall annually 
thereafter, in the month of April in like manner, elect one 
person to serve for five years. These persons so chosen 
shall, together with the mayor, who shall ex officio be 
chairman of the board, constitute the board of overseers of 
the poor in said city of Cambridge. 

Section 2. The members of said board shall enter To hoid office 
upon their duties on the first Monday of May, next after eioctMi and '''^^ 
their election, and hold ofiice until others are elected and 1"='^'^®'^- 
qualified in their stead; vacancies from any cause shall Vacancies. 
forthwith be filled by the city council in the same manner, 
and the person elected to fill any vacancy shall hold office 
during the unexpired term of the member who has ceased 
to hold office and until another is chosen and qualified in 
his stead. 

Section 3. Said board shall annually on the first Mon- Organization. 
day of May meet and organize and shall choose such 
subordinate officers and agents as they may deem ex- 
pedient, and define their duties and fix their salaries, but 
no member of the board shall be eligible to be chosen by 
said board to any position of emolument. 

Section 4. Said overseers shall render such accounts To render 
and reports of their expenditures, acts and doings as may expenditures. 
be required by the city council. 

Section 5. The present overseers of the poor in the Piesent over- 

socrs to hold 

city of Cambridge shall hold ofiice until others are elected office until 
and qualified under the provisions of this act and no longer. eiecTed.'^'^^ 

Section 6. All acts and parts of acts inconsistent with Repeal. 
this act are hereby repealed. 

Section 7. This act shall take effect upon its accept- Subject to 
ance by the city council of the city of Cambridge, by by"i^ty'*councii. 
concurrent vote : ^j/'oyzcZecZ, the same shall be accepted 
within sixty days from the date of its passage. 

Approved March 10, 1877. 
56 



442 



1877.— Chapters 42, 43. 



Chap. 42. 



Eels not to be 
taken other than 
by spear or hook 
and line. 



Penalty for 
obstructing free 
passage of eels. 



Recovery of 
fines and pen- 
alties. 



Ghaj). 43. 



Expenses of 
changing course 
of river to be . 
borne by West 
Springfield. 
1872, 132. 



Expense of 
maintaining 
channel to be 
borne by West 
Springfield. 
1868, 80. 



Repeal. 
1868, 80. 
1872, 132. 



An Act to pkeskiive the eel fisheries in herring river and its 
tributaries in tue town of wellfleet. 

Be it enacted, &c., as follows : 

Section 1. Whoever takes, catches or destroys any 
eels in Herring River or its tril^utaries in the town of 
Wellfleet, in the county of Barnstable, in any other manner 
than l)y 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. 

Section 2. Whoever wilfully places any obstruction 
or otherwise interferes with the free passage of eels in said 
river or its tributaries shall forfeit a sum not less than fifty 
nor more than one hundred dollars for each oflence. 

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. 

Apj)roved March 10, 1877. 

An Act in relation to the rebuilding, repairing and m.\intain- 
ing of dikes and works connected therewith, in tue town 

of west springfield. 
Be it enacted, &c., as folloivs : 

Section 1. All the costs and expenses incurred in 
changing the course and channel of the Agawara River, 
anil all other expenses incurred under the authority of 
chapter one hundred and thirty-two of the acts of the year 
eighteen hundred and seventy-two, shall be paid and borne 
by the town of West SpringHeld. 

Section 2. The expense of maintaining the said chan- 
nel and other works or structures now built or erected, or 
which may be hereafter built or erected by the authority 
of said act of the year eighteen hundred and seventy-two, 
together with the expense of rebuilding, repairing and 
maintaining the dikes in said town of West Springtield, 
erected by authority of cha[)ter eighty of the acts of the 
year eighteen hundred and sixty-eight, shall hereafter be 
borne and paid by said town of West Springtield. 

Section 3. So much of chapter eight\' of the acts of 
the year eighteen hundred and sixty-eight, and of chapter 
one hundred and thirty-two of the acts of the year eighteen 
hundred and seventy-two as is inconsistent herewith, and 
all other acts and parts of acts inconsistent herewith are 
herel)y re[)ealed. 

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

Approved March 10, 1877. 



1877.— Chapters 44, 45. 443 

An Act to extend the time for the construction of a bridge Chap. 44. 

OVER THE east BRANCH OF WESTPORT RIVER. 

Be it enacted, &c., as follows : 

Section 1. The powers granted by chapter one hini- Time for con- 
dred and twelve of the acts of the year eighteen hundred LddgJcstended. 
and seventy-two are hereby continued for a period of live ^872, 112. 
years from and after the eighteenth day of March in the 
year eighteen hundred and seventy-seven. 

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

Approved March 10, 1877. 

An Act TO AUTHORIZE THE DISCONTINUANCE OF THE " OLD VILLAGE (JJiap. 45. 
BURYING-GROUND" in THE TOWN OF WEST STOCKBKIDGE, AND THE 
TAKING OF THE LAND OF SAID BURYING-GROUND FOR SCHOOL 
PURPOSES. 

Be it enacted, &c., as follows : 

Section 1. The inhabitants of school district number Landofburying 

1 r> -ITT rii 1 1 • T • ii i. c tri'ound in West 

SIX, in the town of vVest htockbridge in the county ot stockbiidge 
Berkshire, are hereby authorized, at the expense of said "cihoorpuipose'l'! 
school district, and under the direction of the building 
committee of said school district, and with the consent of 
the selectmen of said town, to remove the remains of the 
dead and the monuments and tombstones now remaining 
in the "Old Village Bnrying-Ground," so called, situate 
in the village of West Stockbridge and bounded as follows, 
to wit : — northerly by land held by the deacons of the Con- 
gregational Church of said village and known as " the par- 
sonage lot," east by the highway known as State Street, 
south by land of George W. Kniffin, and west by the 
school-house lot of said school district, to the public ceme- 
tery of said town known as the " Village Cemetery," or 
to such of the other public cemeteries of said town as may 
be designated in any case by the relatives of any person 
"whose remains are to be removed ; or said relatives may 
re-inter such remains in any other place, and said school 
district shall cause the remains removed to any of the 
public cemeteries of said town to be decently re-interred, 
and the monuments and tombstones to be properly set up 
anew. 

Section 2. When the remains, monuments and tomb- when remains 

, i , P ,-,■,. t of dead, etc., are 

stones have been removed trom said burying-grouncl as removed, i:md 
provided in the preceding section, the use of said ground ""^ 
as a burying-ground shall be discontinued, and said school 
district may take the land thereof for the use and purpose 
of enlarging their present school-house lot. Said school 



444 



1877.— Chapters 46, 47. 



Damages to be 

assessed by 
sc'leclmen. 



peseiiptionof cTistrict shall cause a certificate containins: a description of 

land to be hied .tit n f • ^ - ^ • -i r 

in ofiice of reg- saullancl siifficieiit for luentincation, with a reierence to 
this act, to be filed and recorded in the oflice of the register 
of deeds of the southern district of said county, on or 
before the first day of June next, which certificate may be 
signed by the building committee and treasurer of said 
school district, and thereupon the title to the land described 
in said certificate shall become vested in said school district. 

Section 3. If damage is sustained by any person in 
his property by reason of anything done under the pro- 
visions of the first and second sections of this act, he shall 
receive compensation therefor, from said, school district, to 
be ascertained and appraised by the selectmen of said town 
in the manner provided for appraising damages caused by 
laying out town ways, and any person aggrieved by the 
award of said selectmen shall have the same remedy as is 
provided by section thirty-nine of chapter thirty-eight of 
the General Statutes, and according to the course of pro- 
ceeding provided thereby. 

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

Approved March 10, 1877. 

Chap. 46. An Act to confirm certain acts done by charles c. dillingham 

AS CORONER. 

Be it enacted, &c., as follows : 

Section 1. All acts done by Charles C. Dillingham of 
Fall River, as coroner within and for the county of Bristol, 
between the seventeenth day of July and the twenty-third 
day of August in the year eighteen hundred and seventy- 
six, are hereby confirmed and made valid to the same 
extent as they would have been valid had he been duly 
qualified to discharge the duties of said office during said 
interval. 

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

Approved March 10, 1877. 



Acts done by 
Chas.C. Dilling- 
ham, as coroner, 
confirmed. 



An Act to amend an act entitled " an act to incorporate 

THE trustees OV THE PUNCUARD FREE SCUOOL IN TUE T0A\^N 
OF ANDOVER," 

Be it enacted, &c., as follows : 

Section 1. The third section of the act to incorporate 
miai meeting for the trustccs of thc PuiK'hard Free School in the town of 

election of town i .i ^ ^ • a.\ -x i» t"( i 

officers. Andover, approved on the twenty-sixth day ot l^ebruary in 

the year one thousand eight hundred and fifty-one, is 
hereby so amended that the election of trustees by said 



CJiap. 47. 



Trustees to be 
elected at an- 



1877.— CiiAPTEES 48, 49. 445 

town shall be held at the annual meeting for the election 
of town officers in saitl town once in three years, instead of 
on the first Monday of April once in three years, as therein 
provided. 

Section 2. The next regular election of said trustees Next election of 
shall beheld at the annual meeting for the election of town ik^kio'iT first *^ 
officers on the first Monday of Ma'rch next. Malci'-'isTs. 

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

Approved March 10, 1877. 

An Act to change the name of the east abington baptist Q/iap^ 48. 

SOCIETY. 

Be it enacted, &c., as follows: 

Section 1. The East Al)ington Baptist Society shall israrae changed. 
be called and known as the Rockland Baptist Society. 

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

Aj)2)roved March 10, 1877. 

An Act to amend the charter of the lawrence gas company. Q/^f^jj 49 
Be it enacted, &c., as follows : 

Section 1. The act to incorporate the Lawrence Gas Lawrence Ga» 
Company, chapter seventeen of the acts of the year eighteen extemrpTpes''"'^ 
hundred and forty-nine, is hereby amended as follows ; of Andove^"^ 

Said Lawrence Gas Company in addition to the rights ^°dMeu"uen.'* 
now possessed by it shall have the right to extend its 
mains and distributing pipes into and through the towns 
of Andover, North Andover and Methnen in the county of 
Essex, and to construct, erect and maintain such buildings 
and works in said towns as may be necessary and con- 
venient for the manufacture, supply and delivery of illu- 
minating gas to the inhabitants of said towns, subject to 
all the duties, restrictions and liabilities of the act of incor- 
poration of said company. 

Section 2. Said corporation with the consent of the May open 
selectmen of the said several towns shall have power and sheet's, 'etc., 
authorit}^ to open the ground in any part of the streets, oYstiectmen*. 
lanes and highways in said towns for the purpose of sink- 
ing and repairing such pipes and conductors as it may be 
necessary to sink for the purposes aforesaid, and the said 
corporation after opening the ground in said streets, lanes 
and highways shall be held to put the same in as good 
repair as when opened, and upon failure to do so within a 
reasonable time shall be deemed guilty of a nuisance. 

Section 3. The selectmen of the said several towns selectmen of 
shall have the power to regulate and control the acts control of cor- 



446 



1877.— Chapter 50. 



poration in lay. of saicl corpora^tioii ill tliG matter of l:iyliig and repairing 
the pipes in said streets, lanes and highways, so that such 
acts shall not endanger the health or safet}^ of the inhab- 
itants of said towns. Approved March 10, 1877. 

Chap. 50. An Act to incorporate tub sotttii bay improvement company 

AND TO PROVIDE KOR THE MEUGING OF THE SOUTH COVE COR- 
PORATION AND THE SOUTH HAY COMPANY IN SAID FIRST NAMED 
CORPORATION. 

Be it enacted, &c., as follows : 

Section 1. George W. Tnxbnry, Uriel Crocker, B. 
W. Nichols, A. D. Williams, Charles Deane and Uriel H. 
Crocker, their associates and successors, are made a cor- 
poration by the name of the South Bay Improvement 
Company, with power to purchase, hold, improve and sell, 
mortgage, or lease land and flats in and near the "South 
Bay," so called, in the city of Boston, to an amount not 
exceeding one hundred and fifty acres. 

Section 2. Said corporation shall have all the powers 
and privileges and be subject to all the duties, liabilities 
and restrictions which like corporations now have or are 
sul)ject to, or which they may hereafter have or be subject 
to under general laws. 

Section 3. The capital stock of said corporation shall 
not exceed one million of dollars, and no shares shall be 
issued except upon the actual payment of the par value 
thereof in cash, or upon the conveyance in fee to said 
corporation of lands or flats which it is entitled to hold 
under the first section : jirovided, hoivever, that the average 
price at which lands and flats shall have been taken by 
said corporation in payment for its stock shall at no time 
exceed twenty-five cents })er square foot. 

Section 4. The South Cove Corporation and the 
South Bay Company are respectively authorized, upon 
votes of their stockholders to that eflect passed at meet- 
ings duly notified for the purpose, to convey any portion 
or the whole of their lands and flats lying in or near the 
said South Bay, to said South Bay Improvement Company, 
and to receive in payment therefor stock in said last named 
company, subject however to the provisions contained in 
the preceding section. Approved March 10, 1877. 



Corporators. 



May sell land, 
etc. 



Powers and 
duties. 



Capital stock 
and shares. 



Proviso. 



Soutli Cove 
Corporation 
and South Bay 
Company may 
sell lands and 
flats to new 
corporation. 



1877.— Chapters 51, 52, 53. 447 

An Act to extend the time for locating and constructing Chap. 51. 

THE MASSACHUSETTS CENTRAL RAILROAD. 

Be it enacted, &c., as follows : 

The time within which the Massachusetts Central Rail- Time for 
road Company may locate and construct its raih"oad is construction 
hereby extended to the first day of May in the year one *^'^*®"^^'^''- 
thousand eight hundred and seventy-nine. 

Approved March 10, 1877. 

An Act to amend the charter of the cotton and woolen C/iap. 52. 

MANUFACTURERS MUTUAL INSURANCE COMPANY OF NEW ENGLAND. 

Be it enacted, &c., as follows : 

Section 1. The Cotton and Woolen Manufacturers May issue 
Mutual Insurance Company of New England is authorized property otl?er 
to issue policies of insurance against loss or damage by la'^ehrner?*™^^ 
fire upon pther kinds of property, real and personal, in 
addition to the class named in the charter of said corpo- 
ration. 

Section 2. This act shall take effect upon its accept- subject to 
ance by a majority of the members present and voting mem'bers^of ^ 
at a meeting of said corporation legally called for such corporation. 
purpose. • Approved March 10, 1877. 

An Act to incorporate the boston school committee. Chap. 53. 

Be it enacted, &c., as follows : 

Section 1. The school committee of the city of Boston schooi commit- 
for the time being, is hereby made a corporation by the of^B^ton h!-^ 
name of The School Comm'ittee of the City of Boston, ^orporated. 
and said committee and its successors in ofiice elected 
according to law in said city shall continue a body corpo- 
rate for the purposes hereinafter set forth, with all the 
powers and privileges and subject to all the duties, restric- 
tions and liabilities set forth in all general laws which now 
are or may hereafter be in force relating to snch corpo- 
rations. 

Section 2. Said corporation shall have authority to Real and per- 
receive and hold all sums of money, and real and personal ^o"*' «^^'*^®- 
estate not exceeding in the aggregate the value of two 
hundred thousand dollars, which money may be given, 
granted, bequeathed or devised to it for the benefit of the 
teachers in the public schools of the city of Boston, or their 
families, requiring charitable assistance, or for the benefit 
of any persons or the families of any persons who have 
formerly been such teachers, requiring charitable assist- 



448 



1877.— Chapters 54, 55. 



Charlostown 
School Trust 
Fund. 



Acts confirmed 
and made valid. 



ance. It shall have power to manage and dispose of the 
same accordhig to its best discretion and to execnte any 
and all trnsts according to the tenor thereof which may be 
created for the pnrposes afoi-esaid. 

Section 3. Said corporation shall likewise be entitled 
to receive from the members of the school committee 
within the present limits of that part of the city of Boston 
which was formerly the city of Charlestown, the fund 
known as the Charlestown School Trust Fund, and shall 
hereafter manage said fund and disburse the income 
thereof within the limits of the former city of Charles- 
town according to the tenor of the instruments creating 
said trust. Ajn^roved March 13, 1877. 

Qlia]}. 54. An Act to confikm certain acts done by edward g. frothlng- 

IIAM AS A JUSTICE OF THE PEACE. 

Be it enacted, &c., as follows : 

Section 1. All acts done by Edward G, Frothingham, 
as a justice of the peace, within and for the county of 
Essex, between the sixteenth day of May eighteen hundred 
and seventy-four and the twentieth day of October eighteen 
hundred and seventy-six, are made valid and confirmed to 
the same extent as thonsh he had been diirino: that time 
qualified to discharge the duties of said office. 

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

Approved March 16, 1877. 

An Act to incorporate the adams nervine asylum. 

Be it enacted, &c., as follows : 

Section 1. John N. Barbour, James C. Davis, Aquila 
Adams, Emory Washburn, Alpheus Hardy, Samuel Eliot, 
Charles H. Dalton, James B. Thayer, William ChUlin, 
John E. Tyler, Amor L. Plollingsworth, James Longley, 
Samuel A. Green, Robert Willard, Caleb William Loring, 
Samuel D, Warren, Rufus Ellis, Joseph Burnett, Solomon 
B. Stebbins, Charles F. Choate, Iheir associates and suc- 
cessors, are hereby made a corporation by the name of the 
Adams Nervine Asylum, for the purpose of establishing 
and maintaining a hospital to aflbrd care and relief to 
indigent, debilitated and nervous persons, inhal)itants of 
this Commonwealth, who are not insane and who may be 
in need of the benefit of a curative institution ; with all 
the powers and privileges, and subject to all the duties, 
restrictions and liabilities set forth in all ireneral laws 



Chap. 55. 



Corporators. 



Name and 
purpose. 



1877.— Chaptek 55. 449 

which now are or may hereafter be iii force and applicable 
to such corporations. 

Section 2. Said corporation shall have authority to May how fund 
receive, hold and disburse the income of the fund be- the purpose, etc. 
queathed for the purposes for which the said corporation 
is created by the will of Seth Adams, late of Newton, 
deceased, and any other donations or bequests which may 
be made for its benefit, and may hold for the purposes 
aforesaid real and personal estate to an amount not exceed- 
ing three hundred thousand dollars. 

Section 3. The members of said corporation shall Members of 

. T 1 f 1 corporation. 

consist 01 the trustees under the residuary clause oi the 
will of the said Seth Adams, and their successors, and 
the persons associated with them in this act of incorpora- 
tion, of such persons as may at any legal meeting of the 
corporation be elected members by ballot, of such persons 
as shall, with the consent of the board of managers herein- 
after referred to first obtained, pay to the said trustees as 
an addition to the fund held by them for the use of the 
corporation, the sum of one hundred dollars or more each, 
and also of such persons as shall, with the consent of the 
said board of managers first obtained, pay into the said 
fund the sum of twenty-five dollars each, as an initiation 
fee, and shall thereafter pay and continue to pay into 
said fund annually in advance the sura of three dollars 
each ; the said last mentioned persons to be members 
while they shall continue the said annual payment and 
no longer. 

Section 4. The officers of said corporation shall con- officers of 
sist of the trustees under the will of the said Seth Adams, °°'p°''''''^''"- 
and their successors, a president, a vice-president, a 
treasurer, a secretary, a physician, a board of not less 
than nine managers, of which the president, vice-president, 
treasurer and trustees shall be members, and three super- 
visors, who shall examine the afiairs of said corporation as 
often as once in three months, and report the general * 
result of such examination annually in two of the leading ^\nnuai report. 
newspapers of Boston. All the said officers except the 
said trustees, shall be annually elected by ballot at meet- 
ings duly called for the purpose, and whenever a trustee 
shall die, resign, or become incompetent to discharge the 
duties of his trust, a successor shall be elected by ballot 
at a meeting of the corporation duly called for the purpose*; 
but no person so elected shall have power or authority to 

57 



450 1877.— Chapters 56, 57. 

act .IS a trustee until approved as such by the judge of 
prol)ate for the county of Middlesex. 
Institution to Section 5. Thc Said institution shall be established in 

be established „ , .. .,, ^ , n t t-» i tit 

in Boston or ouc ot the parts ot Boston lormerly called Koxbury, West 
vicuny. Koxbury and Brighton, in Brookline, in Newton or in 

Watertown, and shall be conducted and managed in 
accordance with the provisions of the will of the said Seth 
Adams, and with such by-laws as may be adopted by the 
corporation, not inconsistent therewith. 
May receive and SECTION 6. The Said Corporation shall have authority 

care for, for a . i • ^• i 

compensation, to rcccivc aud carc for persons not indigent, who may be 
noundl^'iit/'^ otherwisc suitable for treatment in its institution, at the 
discretion of its board of managers, but shall require the 
payment to the coi-poration by such persons of reasonable 
compensation therefor, the amount of which shall be 
determined by the managers. 

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

Approved March 16, 1877. 

Oha'P. 56. -^^ ^'^'^ '^'^ AMEND CHAPTER ONE HUNDRED AND FOKTY-FOUK OF 
' THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND SEVENTY-SIX, 
RELATING TO THE BUTCHERS' SLAUGHTERING AND MELTING ASSO- 
CIATION. 

Be it enacted, &c., as follows : 

tm^iu^^^^^ Section two of chapter one hundred and forty-four of 
the acts of the year eighteen hundred and 'seventy-six is 
hereby amended by adding thereto the following words : — 
And whoever violates the provisions of this section shall 
be punished by a tine not exceeding five hundred dollars. 

Ajypi'oved March 16, 1877. 

Char). 57. ^^ ^^^ '^^ facilitate rROCEEDiNos against cohfoiiations for 

■'■ ' ' NOT MAKING RETURNS UNDER CHAPTER TWO HUNDRED AND 

TWENTY-FOUR OF THE ACTS OF THE YEAR EIGHTEEN HUNDRED 
AND SEVENTY. 

Be it enacted, &c., as follows: 
Returns by Section 1. Scctiou sixtv of chapter two hundred and 

corporations. . /.i <.i i 

1870, 224, § 60. twcnty-iour of the acts of the year eightecMi hundred and 
seventy is hereby amended by striking out the clause 
beginning with the words "and such corporation shall also 
be enjoined," and ending with the words "during the 
continuance of such neglect," and substituting in place 
^lereof the following: — "and all sums forfeited by a cor- 
poration under this act or any act amending this act may 
also be collected by information in equity brought in the 



1877.— Chapteks 58, 59. 451 

supreme judicial court, in the name of the attorney-general, 
at the rehition of the commissioner of corporations, and 
upon such information the court may issue an injunction 
restraining the further prosecution of the business of the 
corporation named therein until said sums forfeited as 
aforesaid are paid, together Avith interest and the costs of 
the information, and until the returns required by this act 
and any act amending this act are made." 

Section 2. All informations brought under the provis- informations 

,. ,,. . ,, ij'ji J CO If 1 1 ™<iy t)e brought 

ions 01 this act may be brought in the county ot buiiolk. iusuffoit. 
Section 3. This act shall take effect upon its passage. 

Approved March 16, 1877. 

An Act to amend chapter two hundred and ninety-eight of (J/iap. 58. 

THE acts of the YEAR EIGHTEEN HUNDRED AND SEVENTY-ONE, -^* 

RELATIVE TO HIGHWAY TAX. 

Be it enacted, &c., as follows : 

Chapter two hundred and ninety-eight of the acts of Highway tax. 
the year eighteen hundred and seventy-one, relative to i^^i'^ss, §2. 
highway tax, is hereby amended by adding to the second 
section of said chapter, the following words: — "aiid the 
said sums so voted shall be carefully and judiciously 
expended by the surveyors of highways, each in his own 
district, when the town is divided into highway districts, 
and in all cases under the direction of the selectmen or by 
the road commissioners, in making and repairing said 
ways." Ap2)roved March 16, 1877. 

An Act to change certain harbor lines in cape cod harbor in QJiap. 59. 

PROVINCETOWN. 

Be it enacted, &c., as follows : 

Section 1. Section two of chapter two hundred and Harbor lines 

• ici ^1 •! 111T established. 

sixty-eight ot the acts 01 the year eighteen hundred and 
sixty-seven which defines the harbor lines in Cape Cod 
Harbor is hereby repealed, and in place of those lines the 
following harbor lines are established. 

Section 2. The harbor line beo^ins at a point in said Description 

<~j J- Qj lilies. 

Cape Cod Harbor distant seven hundred and ten feet due 
north from the centre of Long Point light-house, and 
runs south-westerly in a straight line five hundred and 
fifty feet to a point distant four hundred feet north-westerlj'^ 
from the centre of said light-house ; thence south-westerly 
on an arc of a circle of two thousand five hundred and 
forty-five feet radius, a distance of nine hundred and 
eighty-five feet ; thence south-westerly a little more west- 



452 1877.— Chapters GO, 61. 

pescription of e^.]y j,^ ^ strais^ht liiie one thousaiul two hnnclrecl and 

harbor hues. , . . "^ . . . ^ -i • 

thirty-Hve feet to a point distant nine hundred and nniety 
feet north-westerly from monument A ; thence south- 
westerly, westerly and north-westerly on an arc of a circle 
of one thousand one hundred and forty feet radius, a 
distance of one thousand four hundred and forty feet; 
thence north-westerly, northerly and north-easterly on an 
arc of a circle of three thousand seven hundred and 
seventy-five feet radius, a distance of five thousand three 
hundred and eighty feet to a point in the range from Long 
Point light-house to monument B, near the southerly side 
of Main Street and the head of Central Wharf and distant 
two thousand one hundred and fifty-eight feet south-casterl}'- 
therefrom ; thence north-easterly and easterly on an arc of 
a circle of nine thousand nine hundred and thirty-three 
feet radius, a distance of ten thousand one hundred and 
seventy-five feet to a point in the range from Long Point 
light-house to monument C, near the north-westerly end 
of the old highway bridge crossing East Harbor, and 
distant south-westerly three thousand four hundred and 
sixty-five feet therefrom. 

The above-mentioned monuments, marked respectively 
A, B, C, are granite posts and have the letters II. L. 
inscribed thereon. Approved March 16, 1877. 

Chap. 60. An Act to amend section six of chapter three hundred and 

FORTY-FOUR OF THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND 
SIXTY-NINE, FOR THE MOKE EFFECTUAL PREVENTION OF CRUELTY 
TO ANIMALS. 

Be it enacted, &c., as foUoivs : 

Prevention of SECTION 1. Scction six of chapter three hundred and 

animals. forty-four of tlic acts of the year eighteen hundred and 

1869, 344, §6. sixty-uine is hereby amended by adding the words "and 

birds" after the word "creatures" in the second line of 

said section. 

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

Approved March 1(5, 1877. 

Chap. 61. An Act concerning foreign life insurance companies. 

Be it enacted, &c., as follows : 
Foreign life Section I. TIic pi'ovlsions of chniitcr ouc huudrcd aud 

insurance ., •/•! n ^ -i iii i 

companies. cight^-six of the acts of tlic year eighteen huiulred and 
1861,186. sixty-one shall not apply to life insurance companies 

created by the laws of other states or countries, legally 
transacting business in this Commonwealth. 

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

Approved March Hi, 1877. 



1877.— Chapteks 62, 63, 64, 65. 453 

An Act to AUTiiorazE the proprietors of the iiiNanAjr ceme- (JJian, 62. 

TEUY to take and UOLD ADDITIONAL REAL AND PERSONAL "' * 

ESTATE. 

Be it enacted^ <£c., as follows : 

Section 1. The proprietors of the Hingham Cemetery, Afayhoid 
incorporated by chapter twenty of the acts of the year one reiii and'per. 
thousand eight'hundred and thirty-eight, are hereby author- «""=^i '^'^''^^e- 
ized to take and hold for the purposes for which they 
were incorporated real estate including what they are now 
authorized to hold to an amount not exceeding twenty 
acres, and personal estate to an amount not exceeding 
twenty-tive thousand dollars. 

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

Approved March 19, 1877. 

An Act to authorize the Plymouth society in framingham (JJian. 63. 
• to hold real estate for the purposes of a parsonage. ■^' 

Be it enacted, c&c, as follows : 

Section 1. The Plymouth Society in Framinghara is May hold real 
hereby authorized to hold real estate in Framinghara for souLge."*^ '^ ^'''^" 
the purposes of a parsonage to an amount not exceeding 
fifteen thousand dollars. • 

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

Aijproved March 19, 1877. 

An Act to extend the time for settling and closing up the (Jhap. 64. 

business affairs op THE" CENTRAL MUTUAL FIRE INSURANCE 
COMPANY OF WORCESTER. 

Be it enacted, &c., as follows : 

Section 1. The time for settling and closing up the Time extended 
business affiiirs of the Central INIutual Fire Insurance Com- uess affairs. 
pany of Worcester is hereby extended until the first day 
of June in the year one thousand eight hundred and 
seventy-eight. 

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

Aj)2xroved March 19, 1877. 

An Act to repeal section three of chapter three hundred (JJiar). 65. 

THIRTY-EIGHT OF THE ACTS OF THE YEAR EIGHTEEN HUNDRED 
seventy-two INCORPORATING THE STANDISH MONUMENT ASSO- 
CIATION. 

Be it enacted, &c., as follows : 

Section three of chapter three hundred thirtv-eijrht of Rppeai of 

^ 137'^ 338 § 3 

the acts of the year eighteen hundred seventy-two, is 
hereby repealed. Approved March 19, 1877. 



454 



1877.— Chapteks G6, 67, 68. 



Eel fisheries in 

Mattapoisett 

River. 



Penalties. 



Chap. 66. An Act concerning tite taking of eels in certain waters in 

TUE TOWN OF MATTAPOISETT. 

Be it enacted, &c., as folloivs : 

Section 1. Whoever takes, cntches or destro3's any 
eels in Mattapoisett River or its tributaries, in the town of 
Mattapoisett in the county of Plymonth, from the bridge 
at Town Mills to Mattapoisett Harbor, or in Barlow's Pond 
or its tributaries, in said town, or in its outlet to the har- 
bor, 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. 

Section 2. All fines or penalties for violating this act, 
with costs, may be recovered in any court competent to 
try the same. 

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

Approved March 19, 1877. 

Chap, 67. An Act authorizing manufacturing and otder corporations 

TO change their locations. 

Be it enacted, &c., as folloivs : 

Whenever any corporation shall have been organized 
under any general law, or created by special charter, for 
the purpose of carrying on any mechanical or manufactur- 
ing business in or within any city or town named in its 
organization or charter, such corporation may extend or 
remove its business or any part thereof to any other city 
or town within this Commonwealth, and may purchase, 
hold and convey so much real and personal estate in such 
other city or town as may be necessary for the purpose of 
carrying oh its business therein. Approved March 19, 1877. 

Chap. 68. -^N -'^ct authorizing the superior court to hold sessions by 

adjournment at fall river, in the county of BRISTOL. 

Be it enacted, &c., as follows : 

Section 1. The justices holding 'the respective terms 
of the superior court in and for the county of Bristol, shall 
have the same power to adjourn any of the established 
terms of said court for said county, from either Taunton 
or New Bedford to Fall River, as they now have to ad- 
journ from one shire town to another; any adjournment so 
made shall have the same effect as if made from one shire 
town to another, and shall be subject to all the provisions 
of law relating to adjournments from one shire town to 



Manufacturing 
corporations 
may change 
their locations. 



Superior court 
may hold ses- 
sions by ad- 
journment in 
Fall River. 



1877.— Chapter 69. 455 

another. The county commissioners of said county are Commissioners 
hereby authorized and directed to provide a suitable place for'houifilg^''"'*' 
at Fall River for holding said adjourned terms. "^°"'''" 

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

Approved March 19, 1877. 



Cha^. 69. 



An Act enabling towns to take land for burial-grounds. 

Be it enacted, &c., as follows : 

Section 1. When there is a necessity for a nevs^ burial- Town may 
ground in any town, or for the enlargement of any burial- coramis°ionl?s^ 
ground already existing in and belonging to a town, and bmiai"gro"Jnds. 
the owner or any person interested in the land needed for 
either purpose refuses to sell the same, or demands there- 
for a price deemed by the selectmen of said town unreason- 
able, or is unable for any reason to convey the land, said 
selectmen may, with the approbation of the town, make 
application therefor by written petition to the commission- 
ers of the county Avherein the land is situated. 

Section 2. The commissioners shall appoint a time commissioners 
and place for a hearing, and shall cause notice thereof, ami^puaieVoTa^ 
together with a copy of said petition, to be served person- gfvJ notice^ 
ally upon the land owner or owners, or left at his or their ti^ereof. 
place or places of abode fourteen days at least before the 
time appointed for the hearing. If the land be held in 
trust or by a corporation, or the ownership be uncertain, 
the commissioners shall also require notice, by public 
advertisement or otherwise, as justice to all persons inter- 
ested shall seem to them to require. 

Section 3. The commissioners shall hear the parties at to fiie in regis. 
the time and place appointed, or at an adjournment thereof; dZciipUon^of 
and as soon as may be after the hearing shall consider and IfJclssaiy t^be 
adjudicate upon the necessity of such taking, and upon *'^'^'^°- 
the quantity, boundaries, damages and value of the land Damages. 
adjudged necessary to be taken, and shall forthwith file a 
description of such land with a plan thereof in the registry 
of deeds of the county and district wherein such land lies, 
and thereupon such land shall be taken and held in fee by 
the town as a burial-ground or as part of the burial-ground 
of such town. 

Section 4. Each commissioner shall be paid by the compensation of 
town three dollars per day for each day spent in acting «°'"'"'««i°"«'-s. 
under the petition, and live cents a mile for travel to and 
from the place of hearing. 



456 



1877.— Chapter 69. 



Parties ag- 
grieved may 
have flamages 
assessed by a 
jury. 



Repeal of 
1866, 112. 



Towns may 
grant money 
for embellish- 
ment of ceme- 
teries. 



To set apart a 
suitable portion 
as a public 
burial-place. 
May sell lots, 
etc. 



Section 5. When the owner or owners of the land, 
or any person in interest, is aggrieved by the award 
of damages, he or they may, upon application therefor 
within one year, have the matter of the complaint deter- 
mined by a jury, as in the case of assessment of dam- 
ages for highways, and all proceedings shall be con- 
ducted as in such case is provided. If the sum a]h)wed 
for damages, including the value of the land, is increased 
by the jury, the sum so allowed by the jury, and nil 
charges, shall be paid by the town ; otherwise the charges 
arising upon such application for a jury shall be paid 
by the applicant. The applicant for a jury shall enter 
into a recognizance in such sum and with such surety as 
the commissioners shall order for the payment of such 
charges. 

Section 6. Chapter one hundred and twelve of the 
acts of the year eighteefl hundred and sixtj^-six is hereby 
repealed, but this repeal shall not affect any proceedings 
pending under said chapter. 

Section 7. Towns may grant and vote such suras as 
they may judge necessary for inclosing any cemetery or 
burial-ground provided by them according to law, or to 
construct paths and avenues and to embellish the grounds 
in the sahie, and they may establish all necessary rules in 
relation to such cemeteries or burial-grounds as are not 
repugnant to the laws of the Commonwealth. Towns may 
lay out any such cemetery or burial-ground into lots or 
subdivisions for burial-places, as they may think proper, 
but they shall set apart a suitable portion as a iniblic 
burial-place for the use of the inhabitants, free of charge 
tlierefor. Towns may sell and convey to any persons, 
whether residents of the town or otherwise, the exclusive 
right of burial and of erecting tombs and cenotaphs upon 
any lot, and of ornamenting the same, upon such terms, 
conditions and regulations as they shall prescribe, and the 
proceeds of such sales in any cemetery or burial-ground 
shall be paid into the town treasury, be kept separate and 
apart from other funds, and be appropriated to reimburse 
the town for the cost of land or for the improvement and 
embellishment of such cemetery or burial-ground. 

Section 8. This act shall take effect upon its passage. 

Approved March 19, 1877. 



1877.— Chapters 70, 71. 457 

An Act to attthorize the city of taunton to issue additional Chap. 70. 

AVATER SCUIP, AND TO LIMIT TUE A5I0UNT TUEKEOP. 

Be it enacted, c&c, as follows : 

Section 1. The city of Taunton, for purposes men- May issue 
tionccl in the fifth section of chapter two hundred and water°scrip. 
seventeen of the acts of the year one thousand eight hun- 
dred and seventy-five, may issue notes, scrip or certiticates 
of debt, to be denominated on the face thereof "Taunton 
Water Loan," to an amount not exceeding fifty thousand 
dollars in addition to the amount authorized by said chap- 
ter, to be issued upon like terms and conditions and Avilh 
like powers in all respects as are provided in said chapter 
two hundred and seventeen for the issue of bonds of said 
city : 2)>'0i'ided, that the whole amount of such water scrip, Not to exceed, 
bonds, notes, or certificates issued by said city under the $250,000!^°^^' 
authority given by this act and by all other acts shall not 
in any event exceed the amount of two hundred and fifty 
thousand dollars. 

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

Approved March 26, 1877. 

An Act to authorize the stougiiton street baptist church in (7/^^^ 7^ 

boston to imortgage its property ; and to confirm the doings -^ ' 

of the north baptist society in dorchester. 
Be it enacted, &c., as folloivs : 

Section 1. The Stoughton Street Baptist Church in May mortgage 
Boston is hereby authorized to direct the trustees for the an^pay^asfeTs/ 
time being holding the property occupied and used by the "^"its thereon. 
aforesaid church, to mortgage said property for any pur- 
poses whatever incident to the support and maintenance 
of public worship by said church, and to pay any assess- 
ments which have heretofore been made, or may hereafter 
be made by the city of Boston for any public improvements 
benefiting said property : provided, hoivever, that the vote Proviso. 
directing said mortgage to be made shall be given only by 
those persons authorized in the deed of the North Baptist 
Society in Dorchester to the trustees therein named, which 
deed is recorded with Suffolk county deeds in Boston, book 
one thousand and sixty-six, page two hundred and ninety- 
seven ; and jwovided, further, that any mortgage or mort- 
gages authorized as aforesaid shall not be for a larger 
amount than that allowed by the aforesaid deed. 

Section 2. All proceedings of the aforesaid North Proceedings 
Baptist Society in Dorchester, at or b}^ authority of all its 
meetings held from March fifth in the year eighteen hun- 

58 



458 



1877.— Chapters 72, 73. 



drcd and fifty-nine to June sixth in the year eighteen hun- 
dred and seventy, as now recorded in the records of said 
society, are hereby ratified, fully established and con- 
firmed, as the legal acts, doings and records of said 
society, any defects or informalities therein to the contrary 
notwithstanding. 

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

Approved March 26, 1877. 

Chap. 72. An Act to authorize the city of taunton to construct a 

BRIDGE ACROSS TAUNTON GREAT RIVER. 

Be it enacted, &c., as follows : 

Sge°acro"s* '^ Section 1. Thc city of Tauiiton is hereby authorized 
Taunton Great to coustruct and maintain a safe and convenient bridofe 
across Taunton Great River, from a point at or near Dean's 
Wharf, situated on Dean Street in said city, to a point 
opposite or nearly opposite on the south bank of said river. 
And the said city of Taunton is further authorized to do 
such other acts as it may deem necessary, expedient or 
convenient in the premises, to secure a bridge which shall 
safely and conveniently accommodate pul)lic travel and 
navigation : 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. 

Section 2. Said city may take such land, wharf or 
structure, as it may deem necessary to secure and 
accomplish the objects and purposes of the preceding 
section, 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, when land is 
taken for highways. 

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



May take land, 
etc. 



Apx>roved Mai-ch 20, 1877. 



Chap. 73. 



May raise 
money to com- 
plete water- 
works. 



An Act to authorize the town of concord to raise additional 
funds to extend and complete its water works. 

Be it enacted, &c., as follows : 

Section 1. The town of Concord is hereby authorized, 
for the purposes named in chapter one hundred and eighty- 
eight of the acts of the year eighteen hundred and seventy- 
two, to raise by taxation, or by borrowing fVoni time to 
time, an amount not exceeding fifly thousand dollars in 
addition to the amount therein authorized, upon like terms 



1877.— Chaptees 74, 75, 76. 459 

and conditions and with like powers in all respects as are 
provided in said act for the raising of money. 

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

Approved March 26, 1877. 



An Act relating to tue civil teums of the police court of Chap. 74. 

HAVERHILL. 

Be it enacted, &c., as folloivs: 

Section 1. The police court of Haverhill shall be held IZ^Zl^!"'^'' 
for civil business on the first and third Wednesdays of each 
month, and on such other days as the justice of the court 
shall determine. 

Section 2. Chapter eighty of the acts of the year 
eighteen hundred and seventy is hereby repealed. 

Approved March 26, 1877. 

An Act to amend chapter one hundred and ten of the acts of (JJiap. 75. 

THE YEAR EIGHTEEN HUNDRED AND SEVENTY-FOUR, RELATING TO 
THE PRESERVATION OF LOBSTERS. 

Be it enacted, &c., as folloivs : 

Section one of chapter one hundred and ten of the acts Amendraent to 

„, ., 1TT1 J c '11 1S74, 110, 9 I. 

of the year eighteen hundred and seventy-tour, is hereby 
Amended by inserting the word " extended," after the 
word "body," in the fourth line of said section, and by 
adding after the word " dolhirs," in the sixth line of said 
section, the following words: — "and in all prosecutions 
under this act the possession of any lobster not of the 
length hereinbefore required, shall he prima facie evidence 
to convict." Ajyproved March 26, 1877. 

An Act to confirm certain acts done by james w. stockwell as Chap. 76. 
A justice of the peace. 

Be it ejiacted, &c., as folloivs : 

Section 1. All acts done by James W. Stockwell, as Acts confirmed 

. . /» . 1 -ii • 1 /• J 1 J. i? T\T as a justice of 

a justice of the peace withm and tor the county ot VV orces- the peace. 
ter, between the second day of April in the year eighteen 
hundred and seventy-six and the sixth day of January in 
the year eighteen hundred and seventy-seven, are hereby 
made valid and confirmed to the same extent as though he 
had been during that time qualified to discharge the duties 
of said office. 

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

Approved March 28, 1877. 



460 



1877.— Chapters 77, 78, 79. 



Cha;p. 11. 



May raise 
money by tax- 
ation to p:iy 
expenses of 
centennial 
celebration. 



May sell 
meeting-house. 



Ax Act AUTnOIUZIXG the TOWK of WESTBOKOUOII to UEntliURSE 
MONEY CONTKIllUTKD FOU THE PUKPOSE OF CEI,El'.UATI\(i THE ONE 
HUNDREDTH ANNIVEUSAUY OF THE DECLARATION OF INDEPENDENCE. 

Be it enacted, &c., a<! follows : 

Sectiox 1 . The town of AYesthoroiigh is hereby ciutlior- 
izcd to raise by taxation such sum of money, not exceeding 
one-tenth of one per cent, of its assessed valuation for the 
year eighteen hundred and seventy-five, as may l)e neces- 
sary to repay to certain individuals the money contributed 
by them and expended by a committee of said town in 
celel)rating the one hundredth anniversary of the declaration 
of independence. 

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

Jp2)roved March 28, 1877. 

Chaj). 78. An Act to authorize tue fiust congregatioxa.l society in 

MANSFIELD TO SELL ITS MEETING-HOUSE. 

Be it enacted, &c., as follows : 

Section 1. The trustees of the First Congregational 
Society in Mansfield are authorized and empowered to sell 
and convey the meeting-house and the land on which it 
stands, situated in said Mansfield and belonging to said 
society, in such manner and at such time as shall be deter- 
mined at a meeting of said society legally called. * 

Section 2. So much of the proceeds of the above sale 
as may be necessary, shall be applied to the payment of 
all the just and legal debts of said society. The remainder 
of said proceeds shall be deposited in some institution of 
good and approved standing, until such time as it shall be 
required for the purpose of building a new meeting-house : 
jjrovided, that at the expiration of eighteen months from 
the date of sale, any and all of said proceeds not applied 
to the purposes hereinbefore indicated, shall be forthwith 
donated to some religious society in the county of Bristol 
in the state of jNIassachusetts, to be by said society ex- 
pended in the maintenance of religious worship. 

Section 3. This act shall take eft'ect upon its passage. 

Approved March "28, 1877. 

Chap. 79. An Act to authorize the " society of the friars minor of the 

ORDER OF ST. FRANCIS " OF NEW YORK, TO HOLD REAL ESTATE IN 
THIS COMMONWEALTH. 

Be it enacted, &c., as follows : 
May hoki real Section 1. The socicty of tho "Friars IMinor of the 

estate in Boston. /^ -, ,. ,-, -.^ ' . , 

Order oi St. Irancis," of Newlork, is hereby authorized 
to hold by purchase, gift or deVise, real estate in the city. 



Proceeds of 
sale. 



1877.— CiiArTEES SO, 81, 82, 83. 461 

of Boston, to an amount not cxccoding in valne fifty 
thousand dollars, for religious and charitable purposes. 
Section 2. This act shall take ctlect upon its passage. 

Approved March 28, 1877. 

An Act to autuoiuze the colnty commissioners of Middlesex (JJiQp^ 39. 

COUNTV TO HOHUOW MONEY EOU CEKTAIN TUKPOSES. 

Be it enncied, &c., as folloivs : 

Section 1. The county commissioners of Middlesex May borrow 
County are hereby authorized to borrow on the credit of Jjim? of buluilng 
said county the sum of forty thousand dollars, to be ^^^^^'.^'''^''y"^ 
expended in erecting a new building for the registry of 
deeds at East Cambridge. 

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

Approved March 2"J, 1877. 

An Act to extend the time duking which the city of wouces- QJk^y) g^, 

TEU IS AITIIOKIZED TO LAY OUT A TUBLIC PARK AND TO ESTABLISH ^ ' 

AND. MAINTAIN A RESEUVOIK. 

Be it enacted, &c., as follows : 

Section 1. The time for takino" and holding land in Time for tnking 

d..i .1 . . !• 1^ J 1 "^ 1 1 1 laud exteuded. 

ance with the provisions ot chapter one hundred and 

ninety-six of the acts of the year eighteen hundred and 

seventy-three is extended to the tifteenth day of April 

in the year eighteen hundred and seventy-eight. 

Section 2. This act shall take eftect upou its passage. 

Approved March 29, 1877. 

An Act authorizing the trustees oe the andeuson school of QJiap, 82. 

NATUK'AL HISTORY TO RE-COX VEY THEIR PROPERTY, AND DISSOLVING 
SAID COliPOl!ATI0N. 

Be it enacted, etc., as follows : 

Section 1. The trustees of the Anderson School of M,^y';p-co"yey 

■kT 1 TT- 11 1 • 1 island to orig- 

J^atural History are liereby authorized to re-convey the inai donor, and 
island of I'enikese with all the buildings and improvements dl'sioivcd?" 
thereon, IVee and discharged of all trusts whatsoever, to 
John Anderson, the original donor, and said corporation 
shall thereupon be dissolved. 

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

Approved March 29, 1877. 

An Act relating to the interest of a hushand in the real QJiap. 83. 

ESTATE OF HIS WIFE ON HER DECEASE. ,* 

Be it enacted, c&c, as folloivs : 

When a man and his Avife are seized in her right, and Husband's inter- 
when a married woman is seized to her sole and separate dcceaeeWife. 



462 



1877.-^Chapters 84, 85, 86. 



use, free from the control of her husband, of any estate of 
inheritance in lands, the husband shall on the death of his 
wife, when he has no right as tenant by the courtesy, 
hold one-half the lands for his life, unless the wife shall by 
will provide otherwise. Ai^proved March •2d,l%n. 

Chap. 84. An Act in addition to an act to provide for the regulation 

AND inspection OF BUILDINGS, THE MORE EFFECTUAL PREVP:NTI0N 
of fire, and better PRESERVATION OF LIFE AND PROPERTY IN 
BOSTON. 

Be it enacted, &c., as follows : 
Windows, steps, SECTION 1. No pcrsou shall hereafter erect, place, 

etc., not to pro- i i 

jectintooiovcr construct, or cause to be erected, placed or constructed, 

streets in Bos- in , .1 . . . • 

ton. or shall commence to erect, place or construct any portico, 

porch, door, windovr or step projecting into or over any 
public highway, street, causeway, bridge or square within 
the city of Boston. 

Penalty. SECTION 2. If aiiy pci'sou shall violate the provisions 

of the foregoing section, he shall, upon the application of 
the inspector of buildings of the city of Boston, be liable to 
the processes of law and equity set forth in the twenty- 
third section of chapter three hundred and seventy-one of 
the acts of the year eighteen hundred and seventy-two. 
Section 3. This act shall take effect upon its passage. 

Ai')proved March 29, 1877. 

Chap. 85. An Act to fix the fees and expenses chargeable in fire 

INQUESTS. 

Be it enacted, &c,, as follows : 

The fees of the magistrate and the expenses of the 
inquisition in cases of fire, under the provisions of chapter 
three hundred and three of the acts of the year eighteen 
hundred and sixty-seven, shall be the same as are provided 
by statute for similar services and expenses at coroners' 
inquests. Approved March 29, 1877. 

Chap. 8G. An Act to cuange the name and purpose of tue Massachu- 
setts ANGLERS' association. 
Be it enacted, &c., as follows : 

Name changed. Section 1. Thc Massacliusctts Auglci's' Associatiou 
shall hereafter be known by thc name of The Massachu- 
setts Fish and Game Protective A.ssociation. 

Amendment to SECTION 2. Scctiou ouc of cliaptcr sixtv-slx of the acts 

1874, 66, § 1. -, , , ... , , , / . -^ ,. . , , 

of the year eighteen hundred and seventy-four is hereby 
amended by striking out all after the words ''and killing 
of," in the eighth line thereof, and inserting the following : 



Fees and ex- 
penses at fire 
inquests to be 
the same as at 
coroners' in- 
quests. 



1877.— Chaptees 87, 88, 89. 463 



"Fish, shell-fish, bivalves and game ; the promotion of the 
culture of fish and game, and the introduction of new- 
species and varieties of fish and game ; and to disseminate 
information relating thereto." 

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

Approved March 29, 1877. 
An Act to confirm the appointment of the clerk of the (J]iap. 87. 

FIRST district COURT OF PLYMOUTH. 

Be it enacted, &c., as follows : 

Section 1. The appointment by the governor and Appointment 

.,._ ,.'■'■ ., r ^- and doings of 

council m June in the yeav eighteen hundred and seventy- cierk ratified 

four of David L. Cowell, as clerk of the first district court "" 

of Plymouth, is hereby ratified and confirmed, and all his 

acts and doings in that oflice since his said appointment 

are hereby made valid to all intents and purposes as if he 

had been appointed and qualified on or after the first day 

of July in said year. 

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

Ajjproved March 29, 1877. 



and confirmed. 



HINGHAM TO BUILD AND QJidj), gg. 
OAD COVE IN SAID TOWN ^ ' 



An Act to authorize the town of 
maintain a road and dam across broad 

and. TO EXCLUDE THE TIDE THEREFROM. 

Be it enacted, &c., as follows: 

The town of Hingham is authorized, with the consent of May exclude 
the Hingham Wharf and Land Company, to build and Broad cov°e? 
maintain a road and dam across Broad Cove in said town 
and to exclude the tide therefrom. 

Ajyproved March 29, 1877. 
An Act to authorize the hingham wharf and land company (^/^^y gg 

IN the town OF hingham TO CONSTRUCT TUEIR DAM SO AS TO -^ * 

EXCLUDE THE TIDE FROM THE BASIN WITHIN THE DAM. 

Be it enacted, &c., as follows : 

Chapter one hundred and forty of the acts of the year May exclude 
eighteen hundred and forty-nine, entitled ''An Act in addi- basi',7wuhin°the 
tion to an Act to incorporate the Hingham Wharf and '^'•^^■ 
Land Company in the town of Hingham," is hereby 
amended by adding to section tw^o of said chapter the 
following words : — or said company is authorized to con- 
struct said dam with suitable tiood-gates and sluice-ways 
so as to exclude the tide from the basin within said dam. 

Ap)proved March 29, 1877. 



464 



1877.— Chapters 90, 91, 92. 



Cha]}. 90. An Act to appropriate the income of the compensation fund 

FOR BOSTON HARBOR. 

Be it enacted^ &c., as foUorvs : 
Appropriation. TliG ])oard of liai'bor commissioners is .authoiizod to 
exi)ciid the " income of the compensation fund for Boston 
JIarl)or," for the year eighteen hundred and seventy-seven, 
for dredging, and the same is hereby appropriated. 

Approved March 2'J, 1877. 

Chap. 91. -^ -A.CT MAKING AN APPROPRIATION FOR THE RE-SURVEY OF THE 
" WHARF LINES OF BOSTON UPPER HARBOR. 

Be it enacted, &c., as folloivs : 
Appropriation. There shall be allowed and paid out of the treasury of 
the Commonwealth, a sum not exceeding five thousand 
dollars, to be expended under the direction of the harbor 
commissioners for the re-survey of the wharf lines of Bos- 
ton Upper Harbor. Ax)xiroved March 29, 1877. 



Chap. 92. 



Appropriation. 



Stationery — 
Sergeant-at- 
attris. 



Electoral 
college. 



Fees of wit- 
nesses. 



Repairs at 
state house. 



Repairs, No. 33 
Peiuberton Sq. 



Term reports. 



Supplement to 
Oun. Statutes. 



An Act making additional appropiuations fou certain expend- 
itures AUTHORIZED IN EIGHTEEN HUNDRED AND SEVENTY-SIX 
AND PREVIOUS YEARS. 

Be it enacted, &c., as folloius : 

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

For stationery, printing, etc., ordered by the scrgeant- 
at-arms, one hundred seventy-six dollars and thirty-nine 
cents. 

For compensation and expenses of the electoral college, 
one hundred and eighty-nine dollars. 

For fees of witnesses before legislative, committees, a 
sum not exceeding two hundred doUars. 

For repairs, improvements and furniture at the state 
house, a sum not exceeding one thousand two hundred and 
fifty dollars. 

For expenses connected with house number thirty-three 
Pemberton Square, eight hundred fifty-four dollars and 
seventy-three cents. 

For term reports, one thousand one hundred eighty-three 
dollars and tilty cents. 

For printing and binding the supplement to the General 
Statutes, two hundred eighty-seven dollars and sixty-four 
cents. 



commisaioners. 



commissioners. 



1877.— Chapter 93. 465 

For stereotyping, printing and binding the decennial |;XTtiiai'^ 
census and industrial statistics of the Commonwealth, a statisucB— 

T J J 1 Till Printing, etc. 

sum not exceeding twenty thousand dollars. 

For the publication of the Provincial Statutes, a sum not Provincial 
exceeding live thousand dollars. 

For the contingent expenses of the railroad commission- Railroad 
ers, two hundred ninety-three dollars and seventy-fa ve 
cents. 

For expenses of the harbor commissioners, three hun- Harbor 
dred eighty-six dollars and sixteen cents. 

For incidental expenses of the board of agriculture, Board of 
seventy four dollars and fifty-three cents. 

For expenses incurred in taking the decennial census censusand 
and industrial statistics of the Commonwealth, a sura not statistics. 
exceeding six thousand five hundred dollars. 

For expenses incurred in fencing the camp-ground at fl^^P^^^'- 
South Framingham, one thousand four hundred forty-three camp-ground. 
dollars and thirteen cents. 

For expenses attending coroners' inquests, a sum not j^^^^^^tg'* 
exceeding one thousand five hundred dollars. 

For expenses incurred in connection with the building Tewksbury 

/• 1 • fT\ 1 1 II 111 almshouse. 

tor the insane at lewksbury almshouse, one hundred 
ninety-one dollars and eighty-six cents. 

From the appropriation made in eighteen hundred and state detective 
seventy-six for the contingent expenses of the state detect- 
ive force, there may be used a sum not exceeding three 
hundred and twenty-five dollars for the travelling expenses 
of said force. 

For expenses incurred in advertising meetings of legis- Expenses of 

. "^ . - . , . ~ ,. . , ~ , -,1 committees of 

lative committees during the sessions or eignteen hundred legislature. 
and seventy- six, and of previous years, a sum not exceed- 
ing one hundred and twenty-five dollars, which shall be 
allowed and paid upon the approval of the chairman or 
secretary of such committees. 

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

Approved March 29, 1877. 

An Act relating to the recording of liens on buildings and Chap. 93. 

LANDS. 

Be it enacted, &c., as follows : 

Section 1. The statement provided for in section five ?'''*f'"®?e^"g^ 
of chapter one hundred and fifty of the General Statutes, in registry of 
as amended by section two of chapter three hundred and 
eighteen of the acts of the year eighteen hundred and 
seventy-two, and the bond provided for in chapter three 

59 



466 



1877.— Chapter 94. 



Items of the 
account not 
required to be 
recorded. 



Bond may be 
taken from reg- 
istry after it la 
recorded. 

Clerk of court 
to certify to reg- 
ister when a lien 
is dissolved. 



hundred and twenty-one of the acts of the year eighteen 
hundred and seventy-four, shall be filed and recorded in 
the registry of deeds for the county or district in which 
the building or structure is situated to which said state- 
ment and bond relate, instead of being filed and recorded 
in the ofiice of the clerk of the city or town in which such 
building or structure is situated. 

Section 2. Whenever such statement is filed in a 
registry of deeds the register shall not be required to 
record the items of the account therein contained further 
than to record the total amount claimed to be due. All 
statements filed under this act shall remain in the custody 
of the register for public inspection. 

Section 3. The bond named in section one of this act 
may be taken from the registry of deeds by the obligee at 
any time after it has been recorded. 

Section 4. When it ajDpears of record, in the court 
where a suit is pending for enforcing a lien under the pro- 
visions of chapter one hundred and fifty of the General 
Statutes, that the lien has been dissolved, it shall be the 
duty of the clerk of the court to forward to the register of 
deeds for the county or district in which such building or 
structure is situated, a certificate of the fact of such disso- 
lution and how the dissolution was made. The register 
shall file such certificate with the statement named in sec- 
tions one and two of this act, and also make a record 
thereof with the record of said statement. 

Approved March 29, 1877. 
Ohap. 94. -A.N Act fixing the times and places ok holding sessions of 

THE PROBATE COURT IN THE COUNTY OF BARNSTABLE. 

Be it enacted, &c., as follows : 

Section 1. Sessions of the probate court shall be held 
in each year in the county of Barnstable as follows : — At 
Barnstable, on the second Tuesdays of January, February, 
March, August, September and December, and on the 
third Tuesdays of April and June ; at Harwich, on the 
second Monday after the first Tuesday of May, and on the 
Monday after the third Tuesday of Octol)cr ; at Wellfieet, 
on the third Tuesday of May and fourth Tuesday of Octo- 
ber ; at Provincotown, on the W^'dnesday next after the 
third Tuesday of May, and the Wednesda}' next after the 
fourth Tuesday of October ; and at Falmouth, on the third 
Tuesday of November. 



Certificate to 
be recorded. 



Sessions of 
probate court 
in Barnstable 
County. 



1877.— Chapter 95. 467 

Section 2. Chapter two hundred and seventy-seven Repeal of 
of the acts of the year eighteen hundred and sixty-nine is ^^^^' "' 
hereby repealed. 

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

Ap2)roved March 29, 1877. 

An Act for the preservation and protection of birds, birds' Q/ian. 95. 

EGGS, DEER AND GAME. ■^' 

Be it enacted, &c., as follows : 

Section 1. Whoever in this Commonwealth takes or Preservation of 
kills any woodcock, or any ruffed grouse commonly called mo*d^ock, 
partridge, between the first day of January and the first quau!*^^^ ''''^ 
day of September in any year, or any quail between the 
first day of January in any year and the first day of Novem- 
ber following, or within the respective times aforesaid, 
sells, buys, has in his possession, or offers for sale any of 
said birds taken or killed within this Commonwealth, shall 
forfeit for every such bird twenty-five dollars. 

Section 2. Whoever in this Commonwealth takes or wood duck, 
kills any wood or summer duck, black duck, or teal, amuear^ 
between the fifteenth day of April and the first day of 
September in any year, or within said time sells, buys, has 
in possession, or offers for sale any of said birds, shall for- 
feit for every such bird twenty-five dollars. 

Section 3. Whoever in this Commonwealth takes or upland plover, 
kills any Bartramian sandpiper, commonly called upland 
or field plover, between the first day of January and the 
fifteenth day of July in any year, or within said time sells, 
buys, or has in his possession or offers for sale any of said 
birds, shall forfeit for every such bird ten dollars. 

Section 4. Whoever in this Commonwealth takes or undomesticated 
kills at any season of the year any undomesticated birds bjrds'of'prey, 
not named in the preceding sections of this act, except ^'*'- 
birds of prey, crows, crow blackbirds, herons, bitterns, 
wild pigeons, jays, rail, Wilson's snipe, wild geese, plover, 
sandpiper, or any of the so called marsh, beach or shore 
birds, and such fresh- water or sea fowl as are not named 
in the preceding sections of this act, or wilfully destroys 
or disturbs the nests or eggs of any undomesticated birds, 
except the nests and eggs of birds of prey or crows, shall 
forfeit for every such ottence ten dollars : provided, that Proviso. 
any person having a certificate from the Museum of Com- 
parative Zoology at Cambridge, the Massachusetts Agri- 
cultural College at Amherst, the Boston Society of Natural 
History, the Worcester Lyceum and Natural History 



468 



1877.— Chapter 95. 



Snares not to 
be used, except 
for wild pigeons. 



Deer not to be 
killed or taken 
prior to Jan. 1, 
1880. 



Pinnated grouse 
or prairie-chick- 



PoBsession of 
game to bo 
prima facie evi- 
dence to convict. 



Society, the Peabody Academy of Science at Salem, or 
from any incorporated society of natural history or college 
in the state, to the effect that he is engaged in the scientific 
study of ornithology, or is collecting in the interests of 
and for said institutions, or any one of them, may at any 
season of the year take or kill any undomesticated birds, 
or take their nests and e^^s. 

Section 5. Whoever in this Commonwealth at any 
season of the year takes, kills or destroys any game bird, 
except wild pigeons, by means of traps, snares, nets, or 
springes, or shoots at or kills any wild fowl or any of the 
so called shore, marsh, or beach birds, with or by the use 
of any battery, swivel or pivot gun, or by the use of any 
torch, jack or artificial light, shall forfeit for every such 
offence twenty-five dollars. 

Section 6. Whoever in this Commonwealth at any 
season of the year prior to the first day of January eighteen 
hundred and eighty, and whoever thereafterwards between 
the first day of December in any year and the first day of 
October following, takes or kills any deer (except his own 
tame deer kept on his own grounds) shall forfeit for every 
such offence one hundred dollars ; and any person may 
kill any dog found chasing or hunting deer where the dog 
is used for that purpose with the knowledge of his owner 
or keeper ; and whoever, between the first day of jNIarch 
in any year and the first day of October following, takes 
or kills any gray squirrel, hare or rabbit, shall forfeit for 
every such offence ten dollars. 

Section 7. Whoever in this Commonwealth at any 
season of the year takes or kills any pinnated grouse, com- 
monly called i)rairie-chicken, unless upon ground owned 
by him, and grouse placed thereon by the owner, shall for- 
feit for every such bird twenty-five dollars ; ^provided, that 
any person may buy, sell, or have in possession quail 
and pinnated grouse, commonly called prairie-chicken, 
at any time, provided the same be not taken or killed 
in this Commonwealth contrary to the provisions of this 
act. 

Section 8. In all prosecutions under the provisions of 
this act, the possession by any person or corporation of any 
gray squirrel, deer, or of birds mentioned as protected in 
this act, durinor the time within which the takins; or killinor 
of the same is prohibited, shall hQ prima /acfe evidence to 
convict under this act. 



1877.— Chapters 96, 97. 469 

Section 9. All forfeitures accruing under this act shall Forfeitures. 
be paid, one-half to the informant or prosecutor, and one- 
half to the city or town where the offence is committed. 

Section 10. Chapter three hundred and four of the Repeal of 
acts of the year eighteen hundred and seventy, chapter i87i;32o! 
three hundred and twenty of the acts of the year eighteen Jg^J ^l\ 
hundred and seventy-one, chapters fifty-seven and seventy- 1875,172. 
seven of the acts of the year eighteen hundred and seventy- 
four, and chapter one hundred and seventy-two of the acts 
of the year eighteen hundred and seventy-five are hereby 
repealed. Approved March 31, 1877. 

An Act giving stable-keepers a lien upon horses for their Chap. 96. 

CHARGES. 

Be it enacted, &c., as follows: 

Section 1. Stable-keepers shall have a lien on the Lien upon 
horses brought by, or with the consent of, the owners keeping and 
thereof to their stables for all proper charges due for keep- ^'>*'"<^'°s- 
ing and boarding such horses, and the lien may be enforced 
as provided in sections twenty-one, twenty-two, twenty- 
three, twenty-four, twenty-five, twenty-six, twenty-seven 
and twenty-eight of chapter one hundred and fifty-one of 
the General Statutes. 

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

Approved March 31, 1877. 

An Act relating to the dissolution of certain attachments (Jhap. 97. 

BY trustee process. 

Be it enacted, &c., as follows : 

Section 1. Any person or corporation having an inter- Attachments by 

,, . , '^ .. .'-. ^ -,.. trustee process 

est, by assignment or otherwise, in money or credits maybedis. 
attached by trustee process in an action against another, so'jed by giving 
may at any time before final judgment dissolve such attach- 
ment or any part thereof by giving bond, in a sum not 
exceeding the damages demanded, with sufficient sureties, 
to be approved by the plaintiff or his attorney in writing, 
or b}'- a master in chancery, with condition to pay to the 
plaintiff the sum to which the bond applies and for which 
the trustee may be charged, if any, not exceeding the value 
of the property in his hands, or so much thereof as will 
satisfy the amount recovered by the plaintiff, within thirty 
days after final judgment or any special judgment entered 
in accordance with the provisions of section one of chapter 
sixty-eight of the acts of the year eighteen hundred and 
seventy-five. If there are several trustees such bond may 



470 



1877.— Chapter 98. 



Notice, hearing, 
fees, etc. 



Chap. 98. 

Corporators. 



Name and 
purpose. 



Powers and 
privileges. 



Capital stock 
and shares. 



Buildings 
taxable as 
real estate. 



be made to apply to one or more ; but nothing herein 
contained shall be construed to prevent a defendant in 
such action from dissolving such attachment in the manner 
provided by law. 

Section 2. The provisions of sections two and four of 
chapter two hundred ninety-one of the acts of the year 
eighteen hundred and seventy, relating to notice, hearing, 
fees, and the filing of the bond, shall apply to bonds given 
by viitue hereof. Upon the tiling of the bond the trustee 
may deliver to the person by whom or in whose behalf as 
principal such bond is given, the money or other thing in 
his hands, or that part thereof to which the bond ai)plies, 
and shall not be liable to the plaintiif therefor, after such 
payment, and no execution shall issue against him there- 
for. No action on such bond shall be maintained if com- 
menced after the expiration of six years from the date 
thereof. 

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

Approved March 31, 1877. 

An Act to incorporate tue onset bay grove association. 

Be it enacted, &c., as follows : 

Section 1. H. S. Williams, H. B. Storer, George 
Hosmer, E. Gerry Brown, John H. Smith, H. H. Brig- 
ham, W. W. Currier, B. F. Gibbs, W. F. Nye, their asso- 
ciates and successors, are hereby made a corporation by 
the name of the Onset Bay Grove Association to be estab- 
lished and located in the town of Wareham, for the purpose 
of holding personal property and real estate, where a wharf, 
hotel and other public buildings may be erected, and build- 
ing lots sold or leased for the erection of private residences 
or cottasfes, under such rules and rejjulations as the asso- 
ciation niaj^ prescribe ; and with all the powers and privi- 
leges, and sul)ject to all the restrictions, duties and liabil- 
ities set forth in all general laws which now are or may 
hereafter be in force and applicable to such corporations. 

Section 2. Said association shall be a joint-stock com- 
pany, with a capital of not less than twenty-five hundred 
nor more than twenty-five thousand dollars, divided into 
shares of fifty dollars each. 

Section 3. All buildings, booths or other structures 
erected on or attached to the grounds of the association, 
shall for the purposes of taxation be considered real estate 
and taxable in the town of Wareham. 



1877.— Chapter 99. 471 

Section 4. It shall be the duty of the officers or agent List of owners 
of the said association, annually on or before the twentieth be furnished to 
day of May, to furnish to the assessors of the town of '*««'^'*«°"- 
Wareham a true list of the names and residences of all 
owners of buildings or other taxable property erected upon 
the grounds of the association ; and in default of such inform- 
ation the assessors of said town may tax such property 
to the association. 

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

A2)proved March 31, 1877. 

An Act in addition to an act to supply the village of attle- Q/iq^^ 99, 
borough with water for the extinguishment of fires, and ^' 
for other puiiposes. 

Be it enacted, &c., as foUoivs : 

Section 1. The Attleborouirh water-supply district May issue 

, T , . ^. T • J.1 1 water-bonds. 

may issue bonds to an amount not exceeding six thousand 
dollars, bearing interest payable semi-annually, at a rate 
not exceeding seven per centum per annum, in addition to 
the amount now authorized by law, the principal payable 
at periods not more than thirty years from the date thereof; 
said bonds to be issued and disposed of in the manner and 
for the purposes specified in section five of chapter two 
hundred and seventy-one of the acts of the year eighteen 
hundred and seventy-three. 

Section 2. Said district shall raise by taxation annu- May raise 
ally a sum which with the income derived from the water- uxat^^n to pay 
rates shall be sufficient to pay the current annual expenses i^nt^resT '""^* 
of operating its water works and the interest accruing on 
the bonds issued by said district. 

Section 3. Said district is further authorized upon a May raise 
two-thirds vote of its legal voters, present and voting at a wate'r^pipes.etc. 
meeting called for that purpose, to raise by taxation any 
sum of money for the purpose of extending its water-pipes 
and providing the necessary fixtures connected therewith, 
not exceeding two thousand dollars in any orfe year. 

Section 4. Said district shall raise annually by tax- sinking fund 
ation a sum sufficient to make the necessary annual contri- iSd.''^*'* 
butions to a sinking fund, which shall be established for 
the redemption at maturity of the bonds issued by the 
district. And said sinking fund, with its accumulations, ' 
shall be held, managed and invested by three commission- Commiesionera. 
ers, who shall bo elected by ballot at a regular meeting of 
the voters of said district called for the purpose, one for a 
term of one year, one for a term of two years, and one for 



472 1877.— Chapter 100. 

a term of three years from the next succeeding annual dis- 
trict meeting of said voters ; after which first election, one 
of said commissioners, as the terms expire, shall be elected 
for the term of three years, at the annual meeting of said 
district. Any vacancy in said office may be filled at a 
regular meeting of the voters of the district called for the 
purpose, and said commissioners shall render to said dis- 
trict, at its annual meeting, a full statement of the con- 
dition of said fund. 
a8^e8l°ed1ind SECTION 5. Wheucver a tax is duly voted by said 

collected by^ district, the clerk shall render a certified copy of the 
when duly voted rccord to the asscssors of the town of Attleborough, who 
y istiict. gijall proceed within thirty days to assess the same, in the 
same manner, in all respects, as town taxes are by law 
required to be assessed. The assessment shall be com- 
mitted to one of the town collectors, who shall collect said 
tax in the same manner as is provided for the collection of 
school-district taxes, and shall deposit the proceeds thereof 
with the town treasurer. 
Repeal. SECTION 6. So much of scctions three and four of 

' ' ' ' ■ chapter two hundred and seventy-one of the acts of the 
year eighteen hundred and seventy-three as is inconsistent 
with this act, is hereby repealed. 

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

Ap2iroved March 31, 1877. 

Chap. 100 An Act to authorize the city of newton to widen, deepen 

* AND straighten THE CHANNEL OF CHEESE CAKE BROOK, AND 

TO DRAIN THE LANDS ADJACENT THERETO. 

Be it enacted, &c., as follows : 
May widen and Section 1. The city of Ncwtou is hcrebv authorized, 

deepen brook •{ . i • • i i /• 

for purposes by such agcuts Or commissioners as the city council thereof 
ramage. ^^^ appoint, fi'om time to time, to widen, deepen and 
straighten the channel of Cheese Cake Brook, so called, in 
any portion thereof between its source and its outlet in 
Charles River in said city, and to drain the lands abutting 
thereupon and adjacent thereto ; and for that purpose to 
enter upon and use any part of such lands, and to take 
therefrom any stones, timber, earth or other material, so 
far as the same may be convenient and useful in effecting 
such improvement of said brook and lands ; and said city 
having commenced to make said improvement, shall use 
reasonable diligence to complete the same. 

Damages. SECTION 2. The city of Ncwtou sliall be liable to pay 

all damages that shall be sustained by any persons in their 



1877.— Chapter 100. 473 

property, by any doings under this act ; and the board of 
mayor and aldermen of said city shall award such damages 
to, and assess such portion, not exceeding one-half, of 
the cost and expense of making said improvement, upon 
the owner or owners of such lands, whether known or 
unknown, as they shall deem just and equitable ; and such Betterments. 
assessments shall be in proportion to the immediate benefit 
of said improvement to such lands, and there shall be 
deducted therefrom in each case the amount of damages, 
if any, awarded as aforesaid. 

Section 3. All assessments made under this act shall Assessments 

1 • J 1 1 ± ^ J.- , , , to be a hen 

constitute a lien upon the real estate, relative to the upon estates. 
increased value of which said assessments are made, to be 
enforced in the same manner, with like charges for cost 
and interest, and with the same right of redemption, as 
provided by law for the collection of taxes upon real estate ; 
and all said assessments remaining unpaid shall draw inter- 
est from the time when the same became due and payable 
until the time of payment. 

Section 4. Any such award or assessment which is Errors in assess- 
invalid by reason of any error or irregularity in the making corrected. 
thereof, or which has been recovered back, may be re-made 
by said board, and shall have the same effect and may be 
enforced or resisted in the same manner and with the same 
effect as the original award or assessment, if the same had 
been properly made. 

Section. 5. Any person aggrieved by the doings of P^i.rtJes ag. 

t/ L oo V o Efrievcu may 

said board, either in awarding or refusing to award dam- have trial by 
ages, or in making assessments as aforesaid, may apply by ^"'^" 
petition to the superior court in and for the county of Mid- 
dlesex, filed in term time or vacation, within six months 
after the proceedings complained of; and after due notice 
to the city aforesaid, a trial shall be had at the bar of 
said court in the same manner and subject to the same 
rules and provisions of law applicable to the trial of simi- 
lar civil causes ; and if the same shall be tried by a jury 
the court may order the jury to view the place in ques- 
tion at the request of either party. If the court or jury 
shall increase the award or reduce the assessment com- 
plained of, the petitioner shall recover costs against the 
city, otherwise the city shall recover costs against the 
petitioner ; and said costs may be deducted from the 
amount, if any, recovered by the opposing party or a 
separate execution may issue therefor as the court may 

60 



474 1877.— Chapters 101, 102, 103. 

order. Final judgments recovered- by the city shall, for 
the space of one year thereafter, constitute a lien and 
may be enforced in the same manner and to the same 
extent in all respects as provided in regard to original 
assessments in the third section of this act. 

Section 6. This act shall take effect upon its passage. 

Approved March 31, 1877. 
Chap. 101 An Act kelating to special contracts between persons and 

COKPORATIONS AND THEIR SERVANTS, EMPLOYES AND WORKMEN. 

Be it enacted, &c., as follows : 
exempt coJpoia- SECTION 1. No person or corporation shall by any_ 
tions, etc., from special contract with his or its servants, enij^loyes or work- 
jury to servants, men, exempt himself or itself from any liability which he 
made?° ° ^ or it might othcrwlsc bc undcr to thcm for inj Lirics suffcrcd 
by them in their employment, where such injuries result 
from such person's or corporation's own negligence or the 
negligence of other servants, employes or workmen : pi^o- 
Proviso. vided, however, that nothing in this act shall be construed 

as creating any right or liability not now existing by law. 
Section 2. This act shall take effect upon its passage. 

Approved April 3, 1877. 

Chap. 102 An Act requiring administrators, executors, guardians and 

TRUSTEES TO RENDER THEIR ACCOUNTS ANNUALLY. 

Be it enacted, &c., as follows : 
Administrators, Evcrv administrator, executor, ^uardian and trustee, 

trustees, etc., to •t, -t 'o /.,. . 

render accounts now required by law to render an account of his trust in 
^ ^^ ' the probate court, shall render to that court his account 

relative to the estate in his hands at least once a year, and 
at such other times as shall be required b}'^ said court until 
Proviso. hig trust shall be fulfilled : provided, hoiuever, that the 

judge of probate may upon application of any administra- 
tor, executor, guardian or trustee, excuse him from ren- 
dering an account in any year if satisfied that it is not 
necessary or expedient that such account be rendered. 

Approved April 3, 1877. 

Chap. 103 An Act to incorporate the chicopee water company. 

Be it enacted, &c., as follows : 

Corporators. Section 1. Charlos McClallau, William C. ^IcClallan, 

Emerson Gaylord, Erastus Stebbins, John X. Denison 
and Chauncy H. Hyde, thqir associates and successors, 

Name and are hereby made a corporation by the name of the Chicopee 

purpose. Water Company, for the purpose of furnishing the inhab- 



1877.— Chapter 103. . 475 

itants of the centre village of Chicopee with pure water for 
the extins^iiishment of fires, domestic and other purposes ; 
with all the powers and privileges, and subject to all the 
duties, restrictions and liabilities set forth in all general 
laws which now are or hereafter may be in force applicable 
to such corporations. 

Section 2. Said corporation may take, hold and con- May take and 
vey to, into and through the said village the waters of ''""'""^ ^^*''''- 
springs and brooks in and upon a certain parcel of land in 
Springfield, bounded and described as follows, to wit : 
easterl}^ by the Chicopee Falls Koad, so called ; southerly 
by the Morgan Road, so called ; westerly and northerly by 
Liberty Street and the boundary line between Chicopee 
and Springfield; and may take and hold by purchase or May take and 
otherwise any real estate necessary for the preservation ° ^^^ estate. 
and purity of the same, or for forming any dams or reser- 
voirs to hold the same, and for laying and maintaining 
aqueducts and pipes for distributing the waters so taken 
and held, and may lay its water-pipes through any private 
lands, with the right to enter upon the same and dig therein 
for the purpose of making all necessary repairs ; and for 
the purpose aforesaid may carry its pipes under any street, 
highway or other way in such manner as not to obstruct 
the same ; and may, under the direction of the board of - 
selectmen, enter upon and dig up any road or way for the 
purpose of laying or repairing its aqueducts, pipes or 
other works ; and in general may do any other acts and 
things necessary, convenient or proper for carrying out 
the purposes of this act. 

SectiOjST 3. Said corporation shall, within sixty days to file in regis 
after the taking of any land under this act, file in the d^saipuon^of 
registry of deeds of the county of Hampden a description the land taken. 
of any land so taken, sufficiently accurate for identification, 
and state the purpose for which it is taken ; and the title 
of land so taken shall vest in said corporation. Any per- 
son injured in any of his property by any of the acts of 
said corporation, and failing to agree with said corporation 
as to the amount of damages, may have them assessed and 
determined in the manner provided when land is taken for 
highways. 

Section 4. Said corporation may distribute the water May establish 
throughout said village, may establish and fix from time '*^''"''' ^'"^*' 
to time rates for the use of said water and collect the same 
by suits or otherwise, and may make such contracts with 



476 



1877.— CiiAPTEK 103. 



Real and per- 
Boual estate. 



Penalty for 
diverting water, 
or rendering tlie 
Bame impure. 



May purchase 
aqueduct now 



Town of Chico- 
pee may pur- 
chase at any 
time. 



Subject to assent 
by a two-thirds 
vote. 



Work to be com- 
pleted within 
two years. 



the town of Chicopee, the Chicopee Central Fire District, 
or with individuals, to supply water for fire and other pur- 
poses, as may be agreed on by said town, district or 
individuals and said corporation. 

Section 5. Said corporation for the purposes set forth 
in this act may hold real and personal estate not exceeding 
in amount fifty thousand dollars in value, and the whole 
capital stock shall not exceed seventy-five thousand dollars, 
to be divided into shares of one hundred dollars each. 

Section 6. If any person shall use any of said water 
taken under this act, without the consent of said corpora- 
tion, or shall wantonly or maliciously divert the water or 
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 authority 
of and for the purposes of this act, he shall forfeit and pay 
to said corporation three times the amount of damages 
assessed therefor, to be recovered in an action of tort ; and 
on conviction of either of the wanton or malicious acts afore- 
said, may be punished by a fine not exceeding three hundred 
dollars, or by imprisonment in jail not exceeding one year. 

Section. 7. Said corporation may purchase from the 
owner or owners of any aqueduct now used in furnishing 
water to the inhabitants of said village, his or their whole 
water right, estate, property and privileges, and b}' such 
purchase shall become entitled to all the rights and priv- 
ileges and subject to all the duties and liabilities appertain- 
ing and belonging to such owner or owners. 

Section 8. The town of Chicopee shall have the right 
at any time, during the continuance of the charter hereby 
granted, to purchase the corporate property and all the 
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 Chic- 
opee ; and the said corporation is authorized to make sale 
of the same. 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 9. This act shall take etiect upon its passage, 
and shall become void unless the work of introducimr said 
water into said village is completed within two years. 

Approved April 3, 1877. 



1877.— Chapters 104, 105, 106, 107. 477 

An Act authorizing the town of sherborn to appropriate QJiap. 104 

MONEY IN AID OF SAWIN ACADEMY. ■^' 

Be it enacted, &c., as follows : 

Section 1. The town of Sherborn is hereby authorized May appropriate 

' ^ -, . (. *V T $8,000 in aid of 

to appropriate and grant a sum ot money not exceedmg sawinAcademy. 
eight thousand dollars, to the trustees of Sawin Academy, 
to be used by them in payment in part of the expenses 
incurred in erecting and furnishing the academy build- 
ing. 

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

Ajyproved April 4, 1877. 

An Act concerning the amount of capital stock of street (JJiap. 105 

RAILWAY CORPORATIONS OUTSIDE OF CITIES. 

Be it enacted, &c., as follows : 

Section 1. Section two of chapter twenty-nine of the Amendment to 
acts of the year eighteen hundred and seventy-four is so > 'S • 
far amended that articles of association may be tiled to 
build a street railway outside of any incorporated city, 
when capital stock to the amount of twenty-five hundred 
dollars has been actually subscribed and in good faith paid 
in for each mile of the railway proposed to be built by 
such corporation. 

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

Approved April 6, 1877. 

An Act in relation to costs in cases of partition of lands, n/idj) iqq 
Be it enacted, &c., as follows : 

Section 1. Section forty-four of chapter one hundred Partition of 
and thirty-six of the General Statutes is amended by g. s.ise, §44. 
striking out therein the words " by the petitioner," and 
inserting instead thereof the words "in such manner as 
the court shall direct." 

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

Apjivoved April 6, 1877. 

An Act to amend an act entitled an act to reduce the QJiary. 107 

EXPENSES AND INCREASE THE EFFICIENCY OF THE MILITIA. 

Be it enacted, &c., as follows : 

Section 1. The title of chapter two hundred and four Miiitia. 
of the acts of the year eighteen hundred and seventy-six i8"6, 204. 
is hereby amended by striking out the words "increase " 
the efficiency of," and inserting instead thereof the word 
"reorganize." 



478 



1877.— Chapters 108, 109, 110. 



Shores and 
beaches In 
Scltuate to be 
protected. 
1873, 206, § 1. 



Penalties for 
removing ma- 
terials from 
Bussing Beach 



f/dlscharjrto^ Section 2. Immediately upon the passage of this act 
be issued. the acljutaiit-general shall issue and forward, to every officer 

of the militia who has been discharged under the provi- 
sions of chapter two hundred and four of the acts of the 
year eighteen hundred and seventy-six, new certificates of 
discharge expressed in compliance with the provisions of 
this act. Approved April 6, 1877. 

Chap. 108 An Act amending an act to protect the shores and beaches in 

SCITUATE. 

Be it enacted, &c., as follows: 

Section 1. Section one of chapter two hundred and 
six of the acts of the year eighteen hundred and seventy- 
three is amended by inserting after the word " Scituate," 
the words " except Bassing Beach." 

Section 2. Any person who shall take or remove by 
land or water from Bassing Beach any material composing 
said beach, unless with the approval of the harbor com- 
missioners, shall for each offence be punished l)y a fine not 
less than twenty-five dollars nor ni(n-e than two hundred 
dollars, or by imprisonment in jail for a term not exceed- 
ing two months. 

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

Approved April 6, 1877. 
Chap. 109 An Act to amend cuapteu one hundued and turee of the acts 

OF THE YEAR EIGHTEEN HUNDRED AND SEVENTY-SIX, CONCEICNING 
THE TAKING OF FISH IN NORTH RIVER IN THE COUNTY OF PLYMOUTH. 

Be it enacted, &c., as follows : 

Section 1. Section one of chapter one hundred and 
three of the acts of the year eighteen hundred and seventy- 
six is hereby amended by striking out after the words 
"North River" in the second line the words, "or any of 
its tributaries." 

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

Approved April G, 1877. 

Chap. 110 An Act to prohibit the seining of fish in watuppa pond in 

FALL river and WESTPORT. 

Be it enacted, &c., as follows : 

wlrtlTp^pa^Pond Section 1. No person shall set, draw or use any seine, 
prohibited. net or trawl for the purpose of taking fish of any kind in 
the Watuppa Pond or any inlet or outlet thereof in Fall 
' River or Westport. 



Fisheries in 
North River, 
in Plymoulli 
County. 
1876, 103, § 1. 



city charter. 



1877.— Chapteks 111, 112. 479 

Section 2. Any person violating this act, or buying, Penalties and 
selling or having in possession any tish so taken, shall on '"■*'^'"'®^- 
conviction thereof pay a fine of not less than ten dollars 
nor more than fifty dollars, with forfeiture of boats, nets 
and apparatus used in such taking, to be recovered before 
any court of competent jurisdiction ; one-half of said fine 
and forfeiture to be paid to the person making the com- 
plaint and the remainder to the Commonwealth. 

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

Aj)proved April 6, 1877. 
An Act TO extend the time within which the inhabitants of Qkap. Ill 

PITTSFIELD MAY VOTE UPON THE ACCEPTANCE OF THEIll CITY 
CHARTEK. 

Be it enacted, &c., as follows : 

Section 1. Section thirty-six of chapter one hundred Time extended 

T- •/•t ^1 •iitit''"' voting upon 

and sixty-six ot the acts oi the year eighteen hundred and acceptance of 
seventy-five is hereby amended, so that the vote of the 
inhabitiints of Pittsfield, therein provided for, may be taken 
on or before the first day of May in the year eighteen hun- 
dred and seventy-nine. 

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

Approved April 6, 1877. 
An Act to authorize the metropolitan railroad company to Qhap. 112 

ISSUE bonds. 

Be it e7iacted, &c., as follows : 

Section 1. The Metropolitan Railroad Company is May issue 
hereby authorized to issue bonds to an amount and in the ^°"*^^' 
manner provided for the issue of bonds by railroad corpo- 
rations in sections forty-nine, fifty, fifty-one and fifty-two 
of chapter three hundred and seventy-two of the acts of 
the year eighteen hundred and seventy-four and chapter 
one hundred and seventy of the acts of the year eighteen 
hundred and seventy-six ; the provisions of which several 
sections and act shall be applicable to the Metropolitan 
Railroad Company ; but no bonds issued under the author- 
ity herein given, shall be issued payable at a period prior 
to the time of payment of the bonds issued by said corpo- 
ration under the provisions of chapter forty-six of the acts 
of the year eighteen hundred and seventy-four. 

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

Approved April 6, 1877. 



480 1877.— Chapters 113, 114, 115, 116. 

Chap, 113 An Act to authorize the use of steam as a motive power upon 

BRANCHES OF THE BOSTON AND LOWELL RAILROAD IN THE CITY OF 
LOWELL. 

Be it enacted, t&c, as follows : 
usld'^s^rooti've 8o mucli of sectiou five of chapter one hundred and 
power upon eiojhtv-five of the acts of the year eighteen hundred and 

branches of^*' ■* c ' f 

Boston and lortj-seven, and of section four of chapter one hundred 
ro°adjn the' and tweuty-seveu of the acts of the year eighteen hundred 
city of Lowell. ^^^^ fifty-six, as providcs that in no case shall steam be 
used as a motive power upon the branches of the raih'oad 
of the Boston and Lowell Railroad Corporation, therein 
specified, is hereby repealed ; but steam shall not be so 
used as a motive power upon said branches within the 
yard of any manufacturing corporation in the city of 
Lowell, without the written consent of the agent of such 
corporation. Approved April 6, 1877. 

Ohap. 114 An Act to authorize the building of a avorksiiop at the 

JAIL OF THE COUNTY OF BERKSHIRE. 

Be it enacted, &c., as follows : 
commigsionera SECTION 1. The couutv commissionei's of the county 

may build work- , J J 

shop at the jail, of Berkshire are hereby authorized, in their discretion, to 
build a workshop to be used in connection with the jail 
and house of correction of said county, at an expense not 
exceeding seven thousand dollars, and to borrow money for 
that purpose, if necessary, on the credit of said county. 
Section 2. This act shall take etfect upon its passage. 

Approved Ajyril 6, 1877. 

Chap. 115 An Act to authorize the avearing of side-arms by the 

VETERAN ARTILLERY ASSOCIATION OF AMESBURY AND SALISBURY. 

Be it enacted, &c., as follows : 
S-arms!^"^"^' Thc Vcterau Artillery Association of Amcsbury and 
Salisbury is hereby authorized to parade in public with 
side-arms. Apjjroved April 6, 1877. 

Chap. 116 An Act to amend section one of chapter two iiixdked and 

TIIIUTY-FOUR OF THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND 
FORTY-SEVEN, ESTABLISHING REGULATIONS CONCERNING BOSTON 
IIARIiOR. 

Be it enacted, &c., as follows : 
^g^^en-^ment to SECTION 1. Scctiou ouc of chaptcT two huudrcd and 
thirty-four of the acts of the year eighteen hundred and 
forty-seven, is hereby amended l)y striking out the words 
"easterly side of Tuttle's Wharf" and inserting instead 
thereof the words "Meridian Street Bridge." 

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

Approved April I), 1877. 



1877.— Chapter 117. 481 

An Act to amend certain acts concerning the militia. Chap. 117 
Be it e7iactcd, Xv;., as foUoivs : 

Section 1. The maximum number of commissioned Number of 

. onicers ana men 

officers and enlisted men in companies of artillery or allowed to a 
cavalry when not attached to a battalion shall be eighty- ''"'"P'*"^' 
four, and the minimum sixty-four. The minimum number 
of commissioned officers and enlisted men in companies of 
infantry shall be thirty-nine, and in companies of artillery 
and cavalry when attached sixty. 

Section 2. No election of officers shall be ordered in Election of 
any comi)any hereafter organized unless there shall have 
been enlisted therein, if for a company of infantry at least 
thirty-six men and if for a company of cavalry or artillery 
at least sixty men. 

Section 3. No uniforms, arms, equipments or military uniforms, arms 

,. iiii- T. (•.!/• and equipments. 

supplies shall be issued to or tor the use or any company 
unless the said company shall have at least the minimum 
number of commissioned officers and enlisted men pre- 
scribed by law. 

Section 4. Instead of the pay and allowances pro- compensation 
vided by section one hundred and twenty-five, chapter offlclrsand^ 
three hundred and twenty of the acts of the year eighteen paymasters. 
hundred and seventy-four, for the special duties performed 
by mustering officers and paymasters, there shall hereafter 
be allowed and paid to such officers the sum of twelve dol- 
lars and fifty cents per annum for each company in the 
command to which they are attached, such allowance to be 
paid quarterly. 

Section 5. The commander-in-chief may authorize Meetings of 
brigade commanders to call meetings of their statf officers, brigade'for ** 
the field officers, adjutants and captains of unattached com- i°^'^''"'='i°"- 
panics of their commands at some convenient place within 
the limits of their brigades, six times in each year, for 
instruction in tactics and the customs of the service ; but 
nothing in this act shall be construed as allowing any com- 
pensation for attendance at such meetings. AVhen such 
meetings are authorized, the quartermaster-general shall 
provide the necessary transportation for all officers attend- 
ing such meetings at rates already established by law, 
Avhenever the distiince travelled shall exceed five miles. 

Section 6. Any man who may have received an honor- Rceniistment 
able discharge from the volunteer militia by reason of the ex- discharge"^* 
piration of his term of service may re-enlist and be mustered 
in for a term of one, two or three years, as he may elect. 

61 



482 



1877.— Chapter 117. 



Mounted bands. 



Assistant- 
surgeon for 
battalion, etc. 



Brigade non- 
commissioned 
staff officers. 



Chief bugler, 
etc., for battal- 
ions of artillery 
and cavalry. 



Transportation 
may be fur- 
nished in kind. 



Judge advocate. 



Trial of military 
offences. 



Repeal. 



When to take 
effect. 



Section 7. The commander-in-chief may authorize the 
use of mounted bands upon occasions of escort duty. 

Section 8. To each separate cadet corps and battalion 
of infantry and cavalry there shall be allowed one assist- 
ant surgeon with the rank of first lieutenant. 

Section 9. There shall be allowed to each brigade, to 
be recruited hy the brigadier-general commanding, the 
following non-commissioned officers who shall be mustered 
in and receive the same pay and allowances as non-com- 
missioned staff officers of infantry, except that the bugler 
and color-bearer shall be mounted and receive the pay and 
allowances of non-commissioned staflF officers of mounted 
commands, viz. : — one brigade sergeant-major, one brigade 
quartermaster-sergeant, one brigade hospital steward, as 
assistants respectively in the departments of the assist- 
ant adjutant-general, assistant quartermaster and medical 
director ; one brigade bugler, one brigade color-bearer 
and two brio;ade sero^eants as clerks. 

Section 10. Instead of the drum-major authorized to 
battalions, there may be enlisted in battalions of artillery 
or cavalry, one chief bugler, and there may be enlisted in 
siich battalions of artillery or cavalry, two guidons, all of 
Avhom shall be mustered in and receive the pay and allow- 
ances of non-commissioned staff officers of mounted com- 
mands. 

Section 11. Transportation for the volunteer militia 
may be furnished in kind by the quartermaster-general, 
and when so furnished the allowance for transportation 
otherwise provided for in chapter three hundred and twenty 
of the acts of the year eighteen hundred and seventy-four 
shall not be paid, and no allowance shall at any time be 
paid for transportation not actually employed, nor to 
mounted officers and enlisted men when transported by 
means of horses provided by the state. 

Section 12. The commander-in-chief may confer the 
powers of judge advocate-general or of judge advocate 
upon any officer serving with troops, or may order military 
offences to be tried as provided in the United States 
service. 

Section 13. All acts and parts of acts inconsistent 
with the provisions of this act are hereby repealed. 

Section 14. This act shall take efl'ect on the first day 
of the calendar month next succeeding its passage. 

Approved April 10, 1877. 



1877.— Chapters 118, 119, 120. 483 

An Act to amend chapter two hundred and four of the (JJiar). 118 

ACTS OF THE YEAR EIGHTEEN HUNDRED AND SEVENTY-SIX, CON- ^ 

CERNING THE MILITIA, BY TEMPORARILY ADDING ONE COMPANY 
OF INFANTRY. 

Be it enacted, &c., as follows : 

The commander-in-chief is hereby authorized to grant Additional 

,1 •, 1 ji i'i" n /^i 1 -n » -r^ • t Company of 

authority under the petition ot Charles r. A. Jbrancis and miiitia allowed. 
others, to recruit one company of infantry, and the same 
shall be mustered into the active militia whenever they 
shall have been approved for efficiency and character by 
the commander-in-chief. The number of infantry companies 
heretofore established may be increased to sixty-one when- 
ever the commander-in-chief shall accept the said company, 
but the number of companies of infantry shall again be 
reduced to sixty, whenever any company of infantry shall 
be disbanded under section six of chapter two hundred and 
four of the acts of the year eighteen hundred and seventy- 
six. Approved Ap)ril 10, 1877. 

An Act to amend an act in relation to the construction of QJiap. 119 

FISH-WEIRS. 

Be it enacted, &c., as follows : 

Chapter fifty of the acts of the year eighteen hundred and Construction 

, , ^ , of nsii-weirs 

fifty-six is hereby amended by adding the following sec- regulated. 
tion : Section 4. No person shall construct or maintain 
any fish-weir within the tide-waters of this Commonwealth 
unless authorized in the manner set forth in the first sec- 
tion of this act, or from any island within said tide-waters 
without authority in writing from the mayor and aldermen 
of every city, and the selectmen of every town, distant not 
over two miles from said island. Any person who shall Penalty. 
construct or maintain any weir in violation of the provi- 
sions of this section shall forfeit the sum of ten dollars for 
each day he shall maintain such weir, to be recovered in 
any court of competent jurisdiction to the use of any cities 
or towns, from the mayor and aldermen or selectmen of 
which he ought to have obtained the authority aforesaid, 
and shall also be liable to be indicted therefor and to be 
enjoined therefrom. Approved April 10, 1877. 

An Act relating to the returns from county and city prisons. QJiap. 120 
Be it enacted, &c., as folloivs: 

Section 1. All acts and parts of acts requiring the Returns from 

1 • -. n ^ • n T /^ ill keepers of pris- 

sherifts of the several counties of the Commonwealth, the ons to be made to 

. , f l^ ' •! Ti f !.• commissioners 

masters or keepers oi the jails and houses oi correction of prisons. 



484 



1877.— Chapter 121. 



Repeal. 



Returns to 
board of state 
charities. 



Chap. 121 



Corporators. 



Powers and 
duties. 



May take and 
convey water in 
town of Athol. 



within the Commonwealth, and the directors of public 
institutions in the city of Boston, to make periodical 
returns to the board of state charities or its secretary, 
relative to prisoners in their charge or under their control, 
arc lioreby repealed ; and reports from the several county 
and city prisons shall hereafter be made to the commis- 
sioners of prisons in accordance with the provisions of 
chapter two hundred and sixty-four of the acts of the year 
one thousand eight hundred and seventy-four. That the 
reports and returns made in pursuance of said chapter may 
be properly compiled for presentation to the legislature, 
the commissioners of prisons are hereby authorized to 
expend not exceeding one hundred and fifty dollars for 
blanks, and not exceeding seven hundred dollars annually 
for clerical assistance. 

Section 2. All acts and parts of acts requiring the 
secretary of the board of state charities to furnish blanks for 
periodical returns from the jails, houses of correction and 
the house of industry are hereby repealed ; but the warden 
of the state prison and the master of the state workhouse 
shall continue to make such returns and reports as may be 
required by the board of state charities. And said board 
and its secretary shall have free access to the returns made 
to the commissicniers of prisons from the county and city 
prisons. 

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

Apjyroved A])ril 10, 1877. 

An Act to incorporate the athol water company. 
Be it enacted, &c., as folloivs : 

Section 1. Robert Wiley, Adin H. Smith, Solon L. 
Wiley and Charles Field, their associates and successors, 
are hereby made a corporation by the name of the Athol 
Water Company, for the purpose of furnishing the inhab- 
itants of Athol with pure water ; with the powers and 
privileges, and subject to the duties, restrictions and lia- 
bilities set forth in the general laws which now are or may 
hereafter be in force relating to such corporations. 

Section 2. Said corporation for the purpose aforesaid 
may take and hold the waters of Thousand-Acre Meadow 
Brook, Wellington Brook, Cut-Throat Brook and Powers 
or Bates Brook, in the towns of Phillipston and Petersham, 
and niMy convey the same through said towns into and 
through the town of Athol or any part thereof; and may 



1877.— Chapter 121. 485 

take and hold, by purchase or otherwise, such land on and 
around the margin of said brooks, not exceeding five rods 
in width, as may be necessary to secure the purity of the 
water; and may also take and hold, in like manner, such May take and 

, , , *^ n . ,• • hold land. 

land as may be necessary tor constructing any reservoir, 
for erecting and maintaining dams, embankments and 
gate-houses, and for laying down and maintaining conduits, 
pipes and drains, and constructing aqueducts, hydrants and 
other works for collecting, conducting and distributing 
water among the said inhabitants. Said corporation shall, Tofiieinrog. 

. 1 . . T /» i 1 • 11 -I /•! • ji isti-y of deeds a 

Within ninety days alter taking such lands, nle m the reg- description of 
istry of deeds in the county of Worcester a description of 
the lands so taken, sufficiently accurate for identification, 
together with a statement of the purposes for which said 
lands are taken, signed by the president of said corpo- 
ration. 

Section 3. Said corporation may construct one or May construct 

, T . n jy .1 1 r aqueducts. 

more permanent aqueducts, irom any ot the sources before 
mentioned, into and through said town of Athol, 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 ; may make 
and establish public fountains and hydrants in such places 
as it may from time to time deem proper, and prescribe 
the purposes for which they may be used, and may 
change and discontinue the same ; may distribute the water 
throughout the town of Athol; may regulate the use and May establish 
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, rail- 
road, highway or other way, in such manner as to cause 
the least possible hindrance 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 in which the same is done. 

Section 4. Any person or corporation injured in prop- Assessment 
erty under this act and failing to agree with said corpora- ° -^"^^s^^- 
tion as to the amount of damages 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 assessment of damages for 
the taking of water-rights, until the water is actually taken 
or diverted by said corporation. Any person whose water- 
rights are thus taken may so apply at any time within three 



486 



1877.— Chapter 122. 



Real estate. 



Penalty for 
diverting water 
or rendering it 
impure. 



years from the time when the water is actually taken or 
diverted. 

Section 5. Said corporation for the purposes aforesaid 
may hold real estate not exceeding in value thirty thousand 
dollars, and its capital stock shall not exceed eighty thou- 
sand dollars, to be divided into shares of one hundred 
dollars each. 

Section 6. If any person shall use any of said water 
taken under this act, without the consent of said corpora- 
tion, or shall wantonly or maliciously divert the water or 
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 damages 
assessed therefor, to be recovered in an action of tort ; 
and on conviction of either of the wanton or malicious 
acts aforesaid may be punished by a fine not exceeding 
three hundred dollars, or by imprisonment in jail not 
exceeding one year. 

Section 7. Said corporation may purchase from the 
owner or owners of any aqueduct now used in furnishing 
water to the inhabitants of said town of Athol, his or their 
whole water-right, estate, property and privileges, and by 
such purchase shall become entitled to all the rights and 
privileges and subject to all the liabilities and duties apper- 
taining and belonorinor to such owner or owners. 

Section 8. This act shall take effect upon its passage. 

Approved April 10, 1877. 

Chap. 122 An Act to surrLY the town of hopkinton avith avater. 

Be it enacted, &c., as folloxvs : 

Section 1. The town of Hopkinton is hereby author- 
ized to supply itself and its inhabitants Avith pure water to 
extinguish fires, generate steam, and for domestic and 
other uses, and may establish pul)lic fountains and hydrants, 
and regulate their use, and 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 water, or so much thereof as may be 
necessary, of any springs, natural ponds or brooks within 
the limits of said town ; and may convoy said waters or 



May purchase 
aqueduct now 



Hopkinton may 
supply itself 
with water. 



May take water 
and convey it 
through the 
town. 



1877.— Chapter 122. 487 

any part thereof into and through said town ; and may also 
take and hold by purchase or otherwise, all necessary 
lands for raising, holding, flowing, diverting, conducting 
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 pur- May dig up 
poses may construct and lay down conduits, pipes and highways. 
drains in, under or over any lands, water-courses, roads 
or railroads, and along any street, highway or other way 
other than a railway, in such manner as not to unneces- 
sarily obstruct the same ; and for the purpose of con- 
structing, laying down, maintaining and repairing such 
conduits, pipes and drains, and for all other proper pur- 
l^oses of this act, may dig up, raise and embank any such 
land, street, highway or other way, iu such manner as to 
cause the least hindrance to travel thereon ; but all things 
done upon any railroad shall be subject to the direction of 
the county commissioners for the county of Middlesex : 
provided, that within ninety days after the time of taking any to aie in reg- 
lands, springs, ponds, brooks or water-rights as aforesaid, descHptio^n of ^ 
otherwise than by purchase, said town shall file in the the land taken. 
registry of deeds for the southern district of the county 
of Middlesex a description thereof sufiiciently accurate 
for identification, with a stateAient of the purposes for 
which the same are taken, signed by the selectmen of said 
town. 

Section 3. Said town of Hopkinton shall be liable to Liability for 
pay all damages sustained by any persons or corporations '^'^'^'''g®^- 
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 npon 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 appli- 
cation shall be made to the county commissioners for the 
assessment 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 affected, 
may apply as aforesaid within three years from the time 
the water is actually withdrawn or diverted, and not there- 
after wards. 



488 



1877.— Chapter 122. 



Hopkinton 
Water Loan. 



To establish a 
sinking fund. 



Penalty for 
diverting water 
or rendering it 
impure. 



Powers may be 
conferred upon 
agents. 



Subject to 
acceptance by a 
two-tbirds vote. 



Section 4. For the purpose of paying all necessary 
expenses and liabilities incurred under the provisions of 
this act, said town shall have authority from time to time 
to issue notes, bonds or scrip, signed by the treasurer and 
countersigned by the chairman of the selectmen, to be 
denominated "Hopkinton Water Loan," to an amount not 
exceeding fifty thousand dollars, payable at periods not 
exceeding thirty years from the dale thereof, with interest 
payable semi-annually, at a rate not exceeding six per 
centum per annum ; and said town may sell said bonds at 
public or private sale, or pledge the same for money bor- 
rowed for the ])urposes of this act, upon such terms or 
conditions as it may deem proper. Said town shall annu- 
ally raise by taxation an amount sutiicient, together with 
the net income received from rents for the use of said 
water, to pay the interest on said loans as it accrues ; and 
shall establish at the time of contracting said debt a sink- 
ing fund, and contribute thereto from 3'ear to year an 
amount raised annually by taxation, sufhcient with its 
accumulations to pay said loans at maturit}' ; and said 
sinking fund shall remain inviolate and pledged to the 
payment of said debt, and shall be used for no other 
purpose. 

Section 5. Whoever wilfully corrupts, pollutes or 
diverts any of the water taken under this act, or injures 
any dam, reservoir, aquediict, conduit, pipe or other prop- 
erty owned or used by said town for the purposes of this 
act, shall forfeit and pay to said town three times the 
amount of damages assessed therefor, to be recovered in 
an action of tort, and upon conviction of either of the 
above named acts shall be punished by a tine not exceed- 
ing one hundred dollars or by imprisonment not exceeding 
six months. 

Section 6. The rights, powers and privileges hereby 
granted, and not otherwise specitically provided for herein, 
may be exercised by such agents and servants as said town 
shall elect or emplo}', who shall act in accordance with the 
votes of said town. 

Section 7. This act shall take effect upon its passage, 
but no expenditure shall be made or liability incurred 
under the same until the act is accepted by a vote of two- 
thirds of the legal voters of the town present and voting 
thereon, at a legal meeting called for that purjiose. 

Approved April 10, 1877. 



1877.— Chapters 123, 124. 489 

An Act to regulate the taking of fish in monataquot river Q]i(xr), 123 

IN THE town of BRAINTREE. -^ ' 

Be it enacted, &c., as follows : 

Section 1. The town of Braintree may, at any legal Aiewiveand 
meeting called for that purpose, make regulations not nguiauid. 
inconsistent with the provisions of the general laws of the 
Commonwealth concerning the taking of alewives and shad 
in Monataquot Kiver within said town, or concerning the 
disposal of the privilege of taking the same, for its own use 
and benefit. 

Section 2. Said town shall, at its annual meeting in Three persons 
March in the year eighteen hundred aud seventy-eight and tC cause regu- 
in each year thereafter, choose three discreet persons by IjJlforced!^^ 
ballot, whose duty it shall be to inspect said river, to 
cause the regulations respecting said fishery to be carried 
into effect and to prosecute all violations thereof. 

Section 3. No persons shall in any way take or siiadandaie- 

,1 IT 1 . • • , . i"'! ii 1? J. wives not to be 

catch any shad or alewives m said river until the first taken untn 
day of March in the year eighteen hundred and seventy- ^-^'ciii. i^-s. 
eight. 

Section 4. Whoever takes from said river any of said Penalty. 
fish in violation of the provisions of this act, or of said 
regulations, shall forfeit for each fish so taken not more than 
ten dollars nor less than one dollar, one-half of said penalty 
to be paid to the complainant and the other half to said 
town. 

Section 5. Chapter one hundred and fifty-one of the Repeal of 

1817 Til 

acts of the year eighteen hundred and seventeen is hereby 
repealed. 

Section 6. This act shall take efiect upon its passage. 

Approved April 10, 1877. 

An Act to incorporate the mutual boiler insurance company QJiap. 124 

OF boston. 

Be it enacted, &c., as follows : 

Section 1. C. C. Walworth, Alfred H. Hall, Frederick corporators. 
S. Cabot, D. D. Crombie, F. Ernest Cabot, their associates 
and successors, are hereby made a corporation by the name Name and 
of the Mutual Boiler Insurance Company of Boston, to be p"'p°^®- 
located in the city of Boston, for the purpose of insuring 
property upon the mutual principle, against loss or damage, 
other than by fire, by the explosion of steam-boilers ; with Powers and 
all the powers and privileges and subject to all the duties, 
liabilities and restrictions set forth in all general laws 

62 



490 



1877.— Chaptee 125. 



WTien may com- 
mence business. 



Cash premium 
and deposit 
note. 



Liability of 
insured. 



"which now are or hereafter may be in force relating to 
mutual fire insurance companies, so far as the same are 
applicable to this class of insurance and except as herein- 
after provided. 

Sectiox 2. Said corporation shall not issue policies 
until the sum of two hundred and fifty thousand dollars 
has been subscribed to be insured and entered upon the 
books of the corporation, in sums not exceeding five 
thousand dollars upon any one risk ; nor until the cer- 
tificate of the insurance commissioner is obtained as 
provided in section five of chapter two hundred and 
ninety-seven of the acts of the year eighteen hundred and 
seventy-one. 

Section 3. Said corporation shall require from its 
policy holders, in addition to the cash premium upon their 
respective policies, a deposit note of five times the amount 
of such cash premium, which note shall contain a stipula- 
tion that the same shall be payable at such times and in 
such sums as the directors of the corporation may order or 
assess, pursuant to the by-laws of the corporation. Such 
deposit notes shall constitute the entire liability of the 
insured as a member of the corporation. 

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

AjJproved Ajyril 10, 1877. 
Chap, 125 Ak Act to authorize the construction of bridges over bourne's 

POND river, green's POND RIVER AND GREAT POND RIVER IN THE 
TOWN OF FALMOUTH, 

Be it enacted, (fee, as follows : 

Section 1. The town of Falmouth or the county com- 
missioners for the county of Barnstable may lay out a ivay, 
and said town or said county commissioners may construct 
a bridge over Bourne's Pond River, Green's Pond River 
and Great Pond River in said town, subject to the provi- 
sions of section four of chapter one hundred and forty-nine 
of the acts of the year eighteen hundred and sixty-six, and 
chapter four hundred and thirty-two of the acts of the 
year eighteen hundred and sixty-nine. The selectmen 
of said town or said commissioners, in carrying into effect 
the provisions of this act, shall in all respects conform 
to the existing laws relating to the laying out of high- 
ways. 

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

Approved April 10, 1877. 



May lay out way 
and construct 
bridge. 



1877.— Chapters 126, 127, 128. 491 

An Act to authorize thk city of fall kiver to lay out and QJiap. 126 

CONSTRUCT A WAY KNOAVN AS BUFFINTON STREET, THROUGH A 
PRIVATE BURIAL-GROUND. 

Be it enacted, &c., as folloivs : 

Section 1. The city of Fall River is hereby author- May layout 

.,,, . -, ji_ii j,i 1 street across a 

ized to lay out and construct the street or way known as private buriai- 
Buffinton Street, in and through the private burial-ground s''o"°'i- 
situated on the southerly side of said Buffinton Street and 
extending easterly along said street three hundred and 
sixty-three and seventy-tive one-hundredths feet from the 
easterly line of the estate of E. E. Hathaway : provided, 
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 ^^f ^'^"'g^ ^°' 
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 is pro- 
vided in case of taking land for highways : provided, that 
any application for a jury to assess said damages, shall be 
made within one year after said damages are sustained. 

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

Approved April 10, 1877. 

An Act concerning non-resident guardians and their wards. (JJiap. 127 

Be it enacted, &c., as follows : 

Section 1. The second section of chapter one hundred {l^f'^igg^gg 
eighty-nine of the acts of the year eighteen hundred sev- 
enty-five, is hereby repealed, and the second section of |||g®Y2°2™*^2 * °^ 
chapter one hundred twenty-two of the acts of the year 
eighteen hundred sixty-six, thereby repealed, is hereby 
re-enacted. 

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

Ap2)roved April 11, 1877. 

An Act to authorize mothers to appoint by will, guardians Chap. 128 
OF their minor children. 

Be it enacted, &c., as follows : 

A mother may by her last will in writing appoint guard- Mothers may 

ians for her children whether born at the time of making guardians^f^' 



492 1877.— CiLVPTEEs 129, 130. 

chudr^n?"'^ the will or afterwards, to continue during the minority of 
the child or a less time : j^wvided, the father of such chil- 
dren has died without appointing such guardian. And 
such guardian so appointed by the mother shall have the 
same powers and perform the same duties and be sub- 
ject to the same obligations as a testamentary guardian 
appointed by the father. Approved April 11, 1877. 

Chap. 129 An Act to puovide "for the disposition of certain liquors 

HERETOFORE SEIZED UNDER THE LAAVS. 

Be it C7iacled, &c., as follows : 

o^shSlobe' Section 1. All intoxicating liquor delivered to the 
deiiveredto shcrlffs of thc scvcral counties of this Commonwealth or 

chief of state ,.,. 

detectives upon thcu' dcputies, uudcr scctiou twclvc of chapter tifteen of 

order of court 

the acts for the year eighteen hundred and seventy-five, 
and still remaining when this act takes effect, in the pos- 
session of said sheriffs or their deputies, shall, by the 
written order of the justice or court which adjudged the 
liquor forfeited, 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 Common- 
wealth. 

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

Approved April 11, 1877. 

Chap. 130 An Act to authorize the town of Chatham to construct a 

BRIDGE ACROSS OYSTER POND RIVER. 

Be it enacted, &c., as folloivs : 

Im'^hmlt, Section 1. The town of Chatham in the county of 
etc., across oys- Barnstal)le is hereby authorized to lay out a road and con- 
struct and maintain a bridge across Oyster Pond River in 
said town and county; beginning at the town road on the 
west side of said river at or near the lumber yard of 
Daniel Howes, deceased, thence over said river to the 
land of Caleb F. Nickerson, in said town, subject to the 
l^rovisions of section four of chapter one hundred and 
forty-nine of the acts of the year eighteen hundred and 
sixty-six and chapter four hundred and thirty-two of the 
acts of the year eighteen hundred and sixty-nine. 
Topyoccodas Skctiox 2. Said town in laying out and constructing 

provided for , Jo o 

laying out town said road and bridge shall in all respects proceed as is now 

provided by law for laying out and constructing town roads. 

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

Approved April II, 1877. 



1877.— Chapters 131, 132, 133. 493 

An Act to amend an act in addition to an act to INCOKPOUATE Cjhnr) 131 
THE MASSACHUSETTS INSTITUTE OF TECHNOLOGY. ^ 

Be it enacted, &c., as follotvs : 

SECTiOisr 1. The provisions of chapter one hundred and Buiuiingtobe 
seventy-four of the acts of the year eighteen hundred and two years. 
seventy-three, granting certain land to the Institute of ^^^^' ^^*- 
Technology, shall become inoperative and void unless said 
institute shall within two years from the passage of this 
act erect a suitable building for the permanent use of said 
institute upon said land. 

Section 2. In default of such action by the institute, commissioners 
within the time limited in the tirst section of this act, the mny'Liriami' ^ 
commissioners on public lands may sell and convey the gVonrarocom- 
same granted land in the same way that other lands of the pi'edwith. 
Commonwealth on the back bay are sold and conveyed. 

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

Approved Aiiril 11, 1877. 

An Act concerning the sewage of the state hospital for the (JJiq^^ 130 
insane, in the town of danvers. ^' 

Be it enacted, &c., as folloivs : 

Section 1. The trustees of the state hospital for the sewage not to 
insane, in the town of Dan vers, are hereby prohibited from intoipswich*^ 
causing or permitting the discharge through any sewer or ^"^'"^^' 
drain of any portion of the sewage of said hospital into the 
Ipswich River. 

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

Approved Ajjril 11, 1877. 

An Act relating to boards of health in the several cities op QJiav 133 

THE commonwealth. ^ ' 

Be it enacted, &c., as follows : 

Section 1. In each of the several cities of this Com- Boards of health 
monwealth, except the city of Boston, the mayor and 1°^^'°'""'^ 
aldermen shall, in the month of January, in the year 
eighteen hundred and seventy-eight, appoint two persons, 
not members of the city council, who together with the 
city physician shall constitute the board of health of such 
city. The board so constituted shall enter upon its duties on 
the first Monday of February then next succeeding. The Terms of office. 
terms of office of the two appointed members shall be so 
arranged at the time of their appointment, that the term 
of one shall expire on the first Monday in February in each 
year, after the year eighteen hundred and seventy-eight ; 



494 



1877.— Chapter 133. 



Subject to 
removal from 
office for cause. 



Board to be 
organized by 
choice of chair- 
man and clerk. 



Powers and 

duties. 



To make annual 
report. 



May enforce 
regulations with 
reference to 
bouse drainage. 



and the vacancy so created, as well as all vacancies occur- 
ring otherwise, shall in each of said cities be filled by the 
mayor, with the approval of the board of aldermen. The 
members of said board of health so appointed, shall in each 
of said cities be subject to removal by the mayor for cause ; 
and for their services they shall receive such compensation 
as the city council may from time to time determine. 

Sectiox 2. Each of said boards of health shall organize 
annually by the choice of one of their number as chairman ; 
they may also choose a clerk, not a member of the board, 
and they may make such rules and regulations for their 
own government and for the government of all sub- 
ordinate officers in their department as they may deem 
expedient. 

Sectiox 3. The boards of health hereby constituted 
shall have and exercise all the powers vested in, and shall 
perform all the duties prescribed to, city councils or mayors 
and aldermen as boards of health, under the statutes and 
ordinances now in force in their respective cities ; and 
shall have power to appoint such subordinate officers, 
agents and assistants, as they may deem necessary, and 
may fix their compensation, and the compensation of the 
clerk before mentioned : provided^ that the whole amount 
of such compensation shall not exceed the sum appro- 
priated therefor by the city council. 

Section 4. In each of said cities said boards of health 
shall annually, in the month of January, present to the 
city council a report made up to and including the thirty- 
first day of the preceding December, containing a full and 
comprehensive statement of the acts of the board during 
the year, and a review of the sanitary condition of the city ; 
they shall also, whenever the city council or the standing 
committee thereof on finance shall so require, send to the 
auditor of accounts an estimate in detail of the appr()i)ria- 
tions required by their department during the next financial 
year. 

Section 5. Said boards of health and the board of 
health of the city of Boston, in addition to the powers 
Conferred upon them by existing statutes, are hereby 
authorized to prepare and enforce in their respective cities, 
such regulations as they may deem necessary for the safety 
and health of the people, with reference to house drainage 
and its connection with public sewers, where such con- 
nection is made. 



1877.— Chapters 134, 135. 495 

Section 6. On the Tuesday next after the first Monday Subject to 
of November next, a meeting of the legal voters of each of ma/odtyTote^ ^ 
the several cities of the Commonwealth shall be didy warned 
and called by the mayor and aldermen thereof, for the 
jDurpose of voting upon the acceptance of this act ; and the 
same shall not take eiiect in any city unless accepted by a 
majority of the legal voters present and voting at said 
meeting. Aiyproved April 17, 1877. 

An Act to enable the judges of the probate court, without (JJiap, 134 

BEING petitioned THEREFOR, TO REQUIRE A NEW BOND AVIIEN THE 
SURETIES OR THE PENAL SUM OF THE ORIGINAL BOND ARE INSUF- 
FICIENT. 

Be it enacted, &c., as follows : 

Section fifteen of chapter one hundred and one of the Amendment to 
General Statutes is hereby amended by inserting after the ^' ^' ^^^' ^ ^^' 
word "interested" at the end of the third line, the words 
" or without such petition." Approved A2)ril 17, 1877. 

An Act concerning the Lancaster railroad company. Chap. 135 

Be it enacted, &c., as follows : 

Section 1. The proceedings of the Lancaster Eailroad Mortgage 
Company whereby by indenture dated on the first day of confirmed. 
January in the year eighteen hundred and seventy-two, it 
conveyed its railroad and other property in mortgage to 
George A. Parker, William B. Stearns and Francis H. 
Kinnicutt, trustees, to secure to the holders of its bonds 
the payment of the same, are hereby ratified and confirmed. 

Section 2. The bonds already issued by said Lan- issue of bonds 
caster Railroad Company to the amount of ninety thou- ''^*^"''^ 
sand dollars are hereby declared to be valid, and to be 
secured by said mortgage, and the said company is hereby 
authorized to complete the issue of bonds secured by said 
mortgage, to the amount, including said issue of ninety 
thousand dollars, of the sum secured thereby ; to wit, the 
sum of one hundred and fifteen thousand dollars. 

Section 3. Chapter two hundred and fourteen of the Acts revived, 
acts of the year eighteen hundred and seventy, entitled jsn'm 
" An Act to incorporate the Lancaster Railroad Com- 
pany," and chapter one hundred and thirty of the acts 
of the year eighteen hundred and seventy-one, entitled 
"An Act concerning the Lancaster Railroad Company," 
are hereby revived ; and all the franchises, rights, powers, 
authorities, privileges, immunities and property granted 
by said acts are hereby revived and re-granted to said com- 



496 1877.— Chapter 136. 

pany as fully as if said company had complied with the 

conditions mentioned in said acts. 

Time for Section 4. The time within which Said Lancaster Rail- 

location and 

construction road C(Mni:)anv was, by section five of chapter two hundred 

extended. i «/ ' .' i 

and fourteen of the acts of the year eighteen hundred and 
seventy, ordered to be located, is hereby extended one year 
from the passage of this act, and the time within which by 
the same section it was ordered to be constructed, is hereby 
extended two years from the passage of this act. 

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

Approved April 17, 1877. 

Chwp. 136 An Act to amend an act to supply the towns of wakefield 

AND STOXEHAM WITH WATER. 

Be it enacted, &c., as follows : 
Water supply Section 1. The first section of chapter three hundred 

for Stoneham -, t . r> ^i /-i -i iitt 

and Wakefield, and thirty-hve or the acts or the year eighteen hundred and 

1872,335. seventy-two is hereby amended by inserting after the word 

"water" in the sixth line, the words, "to extinguish tires, 

generate steam, and for domestic, manufacturing and other 

uses." 

^c^o''"ol'^T^ ^^ Section 2. The fourth section of said act is hereby 

\oti, oia, $4. Ill "i . 11 • • 1 • I- 1 1 

amended by striking out all in said section alter the word 
"highways" in the ninth line. 
TownofWake- SECTION 3. Thc towu of Wakcfield may guarantee the 

nela may guar- n ^ ' i i i /• i /\ 

auteebond3. payment ot the interest on the bonds ot the Quannapowitt 
Water Company, issued for the purpose of constructing 
its water-works, for a term not exceeding twenty years, 
at a rate not exceeding six per cent, per annum, and not 

Proviso. exceeding fifty thousand dollars in amount ; 2^^'ovided, 

said town shall vote so to do at any legal meeting called 
for that purpose. 

dutTe^^iiabiHties Section 4. All the rights, powers and privileges 

and restrictions, grautcd to the town of Wakcticld by the aforesaid act 
are hereby revived, sul)ject to the restrictions, duties and 
liabilities therein mentioned, and ma}^ be exercised at any 
time while the said town is liable for the interest on an}' 
of said bonds ; and the authority to take or purchase 
the franchise and corporate property of said company 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 a legal meeting called for that purpose. 

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

Ap)provcd April 17, 1877. 



1877.— Chapteks 137, 138. 497 

Ax Act providing for submitting the claim of edwin adams Chap. 137 

AGAINST THE COMMONWEALTH TO ARBITRATION. • 

Be a enacted, &c., as follows : 

Section 1. The doings of a majority of the commis- Doings of 
sioners appointed under chapter two hundred and thirty- co^fi™med°^^^ 
nine of the acts of the year eighteen hundred and seventy- 
three, in submitting the claim of Edwin Adams against 
said Commonwealth to the arbitration of Francis E. 
Parker, L. Miles Standish and Benjamin F. Prescott, 
and in executing in conjunction with said Adams an 
agreement for such submission, which agreement is dated 
March tenth in the year eighteen hundred and seventy- 
seven, a copy of which is deposited in the office of the 
secretary of the Commonwealth, are hereby fully ratified 
and confirmed. 

Section 2. The award of such arbitrators, made and Award of 

-, , .-,.., j_/>i If •'"■bitrators may 

returned to the supreme judicial court tor the county oi be acted upon 
Sufiblk as provided in said submission, may be acted upon ^ • ' ' 
by said court or any justice thereof either in term time or 
vacation ; and said court may accept, reject or recommit 
said award, or take such other action iu the premises as 
they do in regard to awards of arbitrators appointed under 
a justice's rule. 

Section 3. Upon the acceptance of such award by said uponaccept- 

•ic -111 1111 ance of award 

court, as hereinbetore provided, the governor shall draw governor to 
his warrant upon the treasury of the Commonwealth for for amount 
the amount, if any, found due to said Adams by said award. ^°^^'^ ^^^' 
And said arbitrators shall have power to decide all ques- 
tions of costs including their own fees, subject to the 
decision and taxation of said court. 

Section -4. This act shall take efiect upon its passage. 

Ap2)roved April 17, 1877. 

An Act to incorporate the Montgomery guard association Qhap. 138 

OF THE CITY OF BOSTON. 

Be it enacted, t&c, as follows : 

Section 1. James J. Flynn, Patrick A. Collins, John corporators. 
E. Fitzgerald, Timothy J. Dacey, John Boyle O'Reilly, 
Charles F. Donnelly, Thomas J. Gargan, Michael Doherty, 
Edward B. Rankin, John R. Farrell, Dennis J. Gorman, 
Adolphus G. McYey, and Timothy A. Hurley, and such 
other persons as are known as the Montgomery Guard, or 
may hereafter become associated with them, are hereby 
constituted a body corporate by the name of the Mont- Name. 

63 



498 



1877.— Chapter 139. 



To furnish re- 
lief to Indigent 
members. 



May adopt 
constitution 
and by-laws. 



Real and per- 
sonal estate. 



May parade 
with side-arms. 



gomer}' Guard Association of the city of Boston, having 
the privileges and subject to the duties and liabilities set 
forth in all general laws which now are. or hereafter may 
be in force relating to corporations. 

Section 2. The objects of this corporation shall be to 
afford pecuniary relief to aged, reduced and indigent mem- 
bers, and to their widows and children, to preserve the 
traditions and customs of the above named corps, to pro- 
mote its welfare and to continue and foster its friendships 
and associations. 

Section 3. The said corporation shall have power to 
adopt a constitution and by-laws, rules and regulations for 
the admission of members and their government, the election 
of officers and prescribing their duty, the suspending and 
expelling of members, and for the safe keeping of its prop- 
erty and funds, and from time to time to alter or repeal 
such constitution, by-laws, rules and regulations. 

Section 4. The said corporation shall have power to 
hold property, real and personal, to an amount not exceed- 
ing twenty-five thousand dollars. 

Section 5. The mem])ers of said corporation may 
parade in public with side-arms. 

Section 6. This act shall take effect upon its passage. 

Approved Apu'il 20, 1877. 

Chwp. 139 An Act to annex a part of the town of medford to the 

TOWN of MALDEN. 

Be it e7iacted, &c., as follows : 

Section 1. All that part of the town of Medford, with 
the inhabitants and estates therein, comprised within the 
following described lines, to wit : — Beginning at a stone 
bound at Creek Head, so called ; thence running north- 
westerly to an angle in the wall on the north line of Salem 
Street, forty-eight and one-tenth feet westerly from the 
east face of the west gate-post in front of William Tothill's 
house; thence running northerly parallel with and nine 
hundred and eighty-six and sixty-six one-hundredths feet 
distant westerly from the present line dividing IModford 
and Maiden, to the line between Medford and Stone- 
ham ; thence running easterly b}' the last named line to 
the line between Medford and Maiden ; thence running 
southerly by the present easterly boundary of Medford to 
the point of beginning; is hereby set otf from the town of 
Medford and annexed to the tovvn of Maiden. 



Part of Med- 
ford annexed 
to Maiden. 



1877.— Chapter 139. 499 

Section 2. The inhabitants of said described territory Payment of 
shall pay all taxes which have been legally assessed upon 
them by the town of Medford, and all taxes heretofore so 
assessed and not collected shall be collected and paid over 
to the treasurer of the town of Medford in the same man- 
ner as if this act had not been passed. Until the next 
state valuation the town of Maiden shall annually, in the 
month of October, pay to the town of Medford one- 
eightieth part of all state and county taxes that shall be 
assessed upon said town of Medford. 

Section 3. Said town of Maiden shall be liable for the support of 
support of all persons who now do or shall hereafter stand ^'^"^ 
in need of relief as paupers, whose settlements were gained, 
whether by original acquisition or derivation, by reason of 
a residence on the territory hereby annexed to said town 
of Maiden. The town of Maiden shall pay to the town of 
Medford, annually, one-eightieth part of the costs paid by 
the last named town for the support or relief of paupers 
whose settlements were acquired therein or were derived 
from settlements acquired therein in consequence of mili- 
tary services in the war of the rebellion : provided, that 
the person who rendered such military service was not at 
the time of his enlistment an inhabitant of said town of 
Medford. 

Section 4. Until a new apportionment of represent- Election of 
atives shall be made, the inhabitants of the territory to^the^geMraf 
described in the first section of this act shall, for the pur- *^"''*' 
pose of electing representatives to the general court, 
remain and continue to be a part of the town of Medford, 
and the inhabitants resident thereon qualified to vote shall be 
entitled to vote for representatives and shall be eligible to 
the office of representative in the town of Medford, and 
shall vote at the place at which the inhabitants of Medford 
vote. 

The selectmen of Maiden shall annually make a true list 
of all persons resident on said territory qualified to vote 
at every such election, and post the same on said territory 
according to law ; they shall also deliver one such list, 
corrected as required by law, to the selectmen of the town 
of Medford before the time of meeting for election, to be 
used thereat. 

Section 5. Within one year from the passage of this TownofMauien 
act, the town of Maiden shall pay to the town of Medford the town k 
the sum of one thousand dollars ; and this sum shall be a ^*''^^'''^'^- 



500 



1877.— Chapter 140. 



Miildcn to pay 
for establishing 
bouudary lino. 



settlement of all claims ajjainst the town of Maiden sfi'ow- 



and all the water- 
the said town of 



mg out of the provisions of this act 

pipes and other public property of 

Medford situated on the territory hereby annexed shall 

hereafter vest in the town of Maiden. 

The town of Maiden shall pay all the expense of making 
the survey and establishing the boundary line between that 
town and Medford. 

Section 6. This act shall take effect upon its passage. 

Approved April 20, 1877. 



Commissioners 
may relocate 
and build 
bridi'e. 



C7iap. 140 An Act to amend an act entitled an act to provide for 

THE CONSTRUCTION AND MAINTENANCE OF A lUGHWAY AND BRIDGE 
ACROSS CONNECTICUT RIVER AT TURNER'S FALLS. 

Be it enacted, <fcc., as follows : 

Section 1. The commissioners named in section one of 
chapter one hundred and ninety-three of the acts of the 
year eighteen hundred and seventy-five, after being duly 
sworn, and after due notice to and hearing all parties 
interested, may if in their judgment the public necessity 
and convenience require, without regard to the restrictions 
as to location contained in said act, but between such point 
in the town of Gill and such point in the town of Mon- 
tague as they shall deem best, relocate and construct upon 
such relocation the highway and bridge in said act men- 
tioned. 

Section 2. They shall forthwith file such relocation la 
the oifice of the clerk of the courts in the county of Frank- 
lin, with a description by metes and bounds, and names of 
owners so far as known, of the lands and other property, 
if any, taken thereby, and shall at the same time give 
written notice of such filinof to all such owners and to the 
commissioners of said county. 

Section 3. Said county commissioners at their regular 
meeting next after reoeivinof such notice shall issue due 
notice to all owners whose names are so filed, when and 
where they will meet to view the land and property taken, 
after which view and hearing the parties, they shall esti- 
mate and award his damages to each of such owners and 
file their awards in the office of said clerk forthwith, giving 
written notice of such filinii:: to each owner. 

Section 4. Any person aggrieved by such award may 
within thirty days after the filing thereof, apply in writing 
to said county commissioners for a jury to determine his 



Relocation to 
be filed in office 
of the clerk of 
the courts. 



County com- 
missioners to 
issue notice, etc. 



Persons ag- 
grieved by 
award may 
apply for a jury. 



1877.— Chapter 141. 501 

damages ; whereupon proceedings shall be had in all 
respects the same as in an application for a jury to deter- 
mine damages for land taken for a highway. 

Section 5. All provisions of said chapter one hundred Repeal. 
and ninetj'-three of the acts of the year eighteen hundred 
and seventy-five inconsistent herewith are hereby repealed. 

Approved April 20, 1877, 
An Act to regulate the fisheries in the weweantit river (J/ian. 141 

AND ITS tributaries, AND FOR STOCKING THE SAME WITH SHAD ^' 

AND ALEWIVES. 

Be it enacted, &c., as follows : 

Section 1 . No person shall take or catch any shad or Fisheries 
alewives in the Weweantit River or its tributaries in ^''^^ 
Plymouth County, for a period of five years from the pas- 
sage of this act, under a penalty of five dollars for each 
and every shad taken, and fifty cents for each and every 
alewife taken in violation of this act, and forfeiture of all 
boats, seines, nets or other apparatus for taking said fish, 
used in violation of the provisions of this act : provided, Proviso. 
hoivever, that the several fish committees of the towns of 
Wareham, Rochester and Carver, chosen annually, shall 
have the right to take or catch said fish in suflicient num- 
bers for the purpose of assisting in the stocking of said 
river and its ponds and tributaries, and for no other pur- 
pose whatever. 

Section 2. The provisions of law now in force, by Certain pro- 
which the fish committees of the towns of Wareham, IiTspend'edfor 
Rochester and Carver are obliged annually in the month fi'®y®'»'"^- 
of March to give notice to the town clerks and to sell at 
public vendue the right to take and catch alewives at cer- 
tain times and at certain places, each year, in the Weweantit 
River, are hereby suspended for the period of five years 
from the passage of this act. 

Section 3. Any person or persons, company or corpo- obstructions to 
ration who shall cause or permit any sawdust or other fiTiTnotTe^mif- 
obstruction to the free passage of the said fish, or any *^'^- 
drugs, dye-stufis, acids, alkalies or any other substance 
destructive of the life of shad or alewives, to be deposited 
in or flow into said river or its tributaries at any time of 
the year, shall pay a fine of twenty-five dollars for each 
and every ofieuce so ctnnmitted. 

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

Approved April 20, 1877. 



502. 



1877.- 



Chapters 142, 143. 



May take water 
from Acushnet 
River. 



To file in regis- 
try of deeds a 
description of 
tlie amount 
taken. 



Chap. 142 An Act in addition to an act for supplying the city of new 

BEDFORD WITH PURE WATER. 

Be it enacted, &c., as follows : 

Section 1. The city of New Bedford is hereby author- 
ized to take and convey into and through said city the 
whole or any portion of the waters of the Acushnet River, 
and the waters which flow into or from the same ; and all 
rights to take water granted by chapter one hundred and 
sixty-three of the acts of the j^ear eighteen hundred and 
sixty- three are hereby continued. 

Section 2. The Acushnet water board of said city 
shall be the agents of the city to do all things necessary to 
the taking of said waters. In order to entitle the city to 
take the waters aforesaid, the said Acushnet water board 
shall cause to be filed in the office of the registry of deeds 
for the southern district of the county of Bristol, a certifi- 
cate signed by the said board or a major part thereof, 
containing a statement of the fact of said taking, and a 
description of the amount or portion so taken, and no 
other proceedings shall be necessary to entitle the said city 
to take and use said waters. 

Section 3. The said city shall be liable to pay all 
damages that shall be sustained by any persons in their 
property by the taking of said waters as aforesaid ; and 
the like proceedings shall be had for the recovery of said 
damages as are provided in chapter one hundred and sixty- 
three of the acts of the year eighteen hundred sixty-three. 

Section 4. Nothinoj herein contained shall be con- 
strued to abridge or in any way to aflect the claims of any 
person or persons against said city, growing out of any 
acts previous to the exercise of the rights of taking said 
waters herein granted, or to annul or in any way to aflect 
any contract, settlement or purchase heretofore made by 
said city with any person or persons regarding the taking 
or using of said waters. 

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

Approved April 20, 1877. 

Chap. 143 An Act in addition to an act for supplying the city of 

SALEM with pure WATER. 

Be it enacted, &c., as folloivs : 
City of Salem Section 1. The citv of Salcui, for the purpose of more 



Liability for 
damages. 



Rights of parties 
not to be atfect- 
ed. 



may lay water 

pipes through convenieutlv supplyini!: its iiihal)itants with pure water, is 

Beverly, Dan- J 1 I J r> ^ I _ ' 

vers and Pea- hcrebv authorizcd to lava watcr-i)ipo, commencuii; at a 
point ot coiinectu)!! with the present pipes ot the city of 



body. 



1877.— Chapter 144. 503 

Salem, in the towu of Beverly, and thence through the 
streets of the towns of Beverly, Danvers, and through Mar- 
gin Street in the town of Peabody, to a point of junction 
with pipes already laid in Salem: provided, that the said Proviso, 
city shall be subject to all the duties and liabilities set 
forth in section five of chapter two hundred and sixty- 
eight of the acts of the year eighteen hundred and sixty- 
four. 

Section 2. In case said pipes shall be so laid, said Towns may re- 
towns or either of them may require said city to insert tobe**inJertedfor 
therein proper hydrants at points not less than five hun- fires"!^"'^^'"^ 
dred feet apart, to be used for the purpose of extinguish- 
ing fires, and for no other purpose ; the expense of insert- Hydrants to be 
ing said hydrants and keeping the same in repair to be by^tVe^towns! 
j)aid by said towns respectively ; and the town of Beverly 
shall have the right to connect its main eight inch pipe 
with said pipe at the junction of Cabot and Conant streets 
in said Beverly, and to make connections at such other 
points as may be agreed upon ; said connections to be 
made in accordance with the provisions and subject to the 
restrictions named in chapter three hundred and eighty of 
the acts of the year eighteen hundred and sixty-nine. 

Section 3. Said city of Salem is authorized to con- city may con- 
tract with either or all of said towns, and said towns or fortajhigpipe"! 
either of them are authorized to contract with each other, and towns may 

/.,,. ^ . 1 . /.I'-i contract for 

tor the laying of said pipe or any part thereof, and said water. 
towns of Danvers and Peabody or either of them are 
authorized to contract with said city for the furnishing of 
water to said towns or either of them, or to the inhabitants 
thereof, subject to the restrictions named and with all the 
powers granted in "An Act to authorize cities and towns 
to purchase water-rights," passed upon the nineteenth day 
of March in the year of our Lord one thousand eight hun- 
dred and seventy, and being chapter ninety-third of the 
acts of that year. Approved April 20, 1877. 

An Act to authorize the city op newton to lay and main- Q/iav. 144 

TAIN A MAIN DRAIN IN BOSTON. -^* 

Be it enacted, cfcc, as folloivs : 

Section 1. The city of Newton is hereby authorized, May construct 
by its mayor and aldermen or by a board of three commis- through Brigh- 
sioners to be chosen by its city council, to lay and con- cTariesRWer. 
struct a main drain or common sewer on the southerly side 
of Charles River, through a portion of the Brighton district 



504 



1877.— Chapter 144. 



May construct 
and maintain 
drainage works. 



May take lands 
and buildings. 



May construct 
drain over or 
under water, 
course or town 
way. 



Streets to be 
restored to good 
order and con- 
dition. 



of the city of Boston to a point in the deep water of said 
river near the Faneuil Station on the Boston and Albany 
Railroad and opposite the United States Arsenal in Water- 
town, for the purpose of discharging the sewage of the 
city of Newton into said river; and such main drain, and 
the works hereinafter mentioned, shall be the property and 
under the exclusive control of the city of Newton, which 
shall keep and maintain the same in good order and con- 
dition. 

Section 2. The city of Newton may also construct 
and maintain at or near the place of discharge of said 
sewer such drainage works as it may deem necessary ; but 
said sewer or works shall be so constructed as not to inter- 
fere with the navigation of said river or to create a public 
nuisance. 

Section 3. The city of Newton may take such lands 
and buildings as may be necessary to accomplish the pur- 
poses of this act, and all damages sustained thereby shall 
be paid by the city of Newton, and the same may be ascer- 
tained and recovered in the manner now provided by law 
for the assessment of damages in the laying out of high- 
ways in the city of Boston. 

Section 4. The city of Newton may construct such 
drain or sewer over or under any water-course, highway, 
town way, railroad or other way, may change the course 
of any brook, may enter upon and dig up the same for the 
purpose of constructing and maintaining such drain or 
sewer, and may do all such other acts as may be necessary 
to accomplish the work hereby authorized ; but said city 
shall not unnecessarily interrupt public travel in the doing 
of said work, and the supreme judicial court in any county, 
or any justice thereof, in term time or vacation, upon 
complaint of the mayor or aldermen of Boston, or of any 
corporation whose rights are invaded, may direct the 
method of performing such work as may aftect public 
travel, public rights or public health, and enforce such 
directions and orders by injunction or other suitable 
process. 

Section 5. Whenever the city of Newton shall dig up 
any highway, street or way, it shall restore the same to as 
good order and condition as the same was in when such 
digging commenced. And the city of Newton shall at all 
times indemnify and save harmless the cily of Boston of 
and from all damages which may be sustained by it hy 



1877.— Chapters 145, 146. 505 

reason of any defect or want of repair in any street or 
way, caused by the construction, maintenance or repair 
of said drain or sewer. 

Section 6. Tiie city of Newton may within its cor- May construct 
porate limits, construct any main drain or common sewer nliTroad.*^^*^ *°^ 
under any raih-oad, and maintain and repair the same ; 
and it shall be liable to the corporation owning such road 
for all damages thereby sustained b}^ it, to be recovered in 
an action of tort. 

Section 7. The provisions of the fourth, fifth, sixth Provisions of 
and seventh sections of chapter forty-eight of the General ^"^ ° ^^^ ^' 
Statutes, and all other general laws, shall apply to said 
main drain or common sewer, so fixr as applicable ; but no 
assessment shall be laid on any property outside the limits 
of said Nevyton. 

Section 8. This act shall take efiect upon its accept- Subject to 
ance by the city council of the city of Newton. thrcUy"c'ifuncii. 

Approved April 20, 1877. 

An Act to authorize the county commissioners of the county Q/iaj). 145 
OF franklin to borrow money for the purpose of paying 
SUCH costs and expenses as said county may be required 

TO PAY, UNDER THE PROVISIONS OF AN ACT RELATING TQ SUNDER- 
LAND BRIDGE. 

Be it enacted, tfcc, as follows : 

The county commissioners of the county of Franklin county commis. 
may borrow, upon the credit of said county, a sum not n,imay°borro"w' 
exceeding two thousand dollars, for the purpose of paying "^on^y. 
such costs and expenses as said county may be required 
to pay under the provisions of chapter one hundred and 
seventy-five of the acts of the year eighteen hundred and 
seventy-five, entitled "An Act relating to Sunderland 
Bridge." App)roved April 20, \sn. 

An Act to revise and amend the charter of the city of Chap. 146 

SPRINGFIELD. 

Be it enacted, &c., as follows : 

Section 1. The inhabitants of the city of Springfield, inhabitants of 
for all the purposes for which towns and cities are by law fo'nthme^LVody 
incorporated in this Commonwealth, shall continue to be a vo^nc 
body politic and corporate, in fact and in name, under the 
style and denomination of the City of Springfield, and as 
such shall have, exercise and enjoy all the rights, immuni- 
ties, 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. 

64 



506 



1877.— Chapter 146. 



Mayor, nine 
aldermen and 
twenty-seven 
common coun- 
cilmen. 



Division of the 
city into wards. 



Warrants for 
meetings to be 
issued by board 
of aldermen. 



Section 2. The administration of all the fiscal, pru- 
dential and municipal affairs of the said city, with the 
government thereof, shall be vested in one municipal 
officer, to be called the mayor, one council of nine, to be 
called the board of aldermen, one council of twenty-seven, 
to be called the common council (which bodies, in their 
joint capacity, shall be called the city council), and in such 
other boards as shall be hereinafter specified, or which 
shall be created under the provisions of this act, and the 
members thereof shall be sworn to the faithful performance 
of the duties of their respective offices. 

Section 3. The city council of said city shall, previous 
to the twentieth day of November next after the acceptance 
of this act, as hereinafter provided, and thereafter, when- 
ever they may deem it expedient, but not oftener than 
once in five years, cause a new division of said city to be 
made into nine wards ; and the said Avards shall be so 
constituted as to contain, as nearly as may be consistent 
with well defined limits to each ward, an equal number of 
voters in each ward, according to the last census taken 
previous to such division ; but no such division of said 
city into wards shall have the effect to change the boundary 
lines 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. 

Section 4. All warrants for meetings of the citizens 
for municipal purposes, to be held either in wards or in 
general meetings, shall be issued b}^ the board of aldermen, 
and shall be in such form, and shall be served, executed 
and returned in such manner and at such times as the city 
council may by ordinance direct ; and all elections shall 
be had at meetings of the citizens, qualified to vote there- 
in, in their respective wards, at the times duly fixed for such 
elections respectively ; and the board of aldermen shall, at 
least seven days before the day of any such election, issue 
a public notification to the voters of each ward, informing 
them of the time and place of voting and of the offices 
then to be filled by election, and shall within two days 
after such elections, examine and compare the returns and 
make out certificates of the result of such electigns, which 
shall be transmitted or delivered in the same manner as 
similar returns are by law directed to be made by select- 
men of towns. And the person receiving the highest 
number of votes for anv office, at such meetings, shall be 



1877.~Chapter 146. 507 

deemed and declared to be elected to such office ; and 
whenever two or more persons are to be elected to like 
office, the several persons, to the number required to be 
chosen, having the highest number of votes shall be 
declared elected : j)rovided, always, that such persons 
were at the time of such election eligible to such office 
under the requirements of this act. 

Section 5. An annual meetinsj for the election of ;('^nnuai election. 

~ - Municipal year. 

municipal officers shall l)e held on the Tuesday next after 
the first Monday of December in each year, and the officers 
chosen thereat shall enter upon the duties of their respect- 
ive offices on, and the municipal years of said city shall 
begin with, the first Monday of January. 

Section 6. All municipal officers of said city, whether officers to be 
elective or appointive, shall be, at the time of election or and residlnts ^ 
appointment, qualified voters, inhabitants of and resident '""*y- 
in said city, and before entering upon their respective 
offices shall be duly sworn to faithfully perform the duties 
thereof by the mayor, the city clerk, the standing justice, 
or any special justice of the police court of the city of 
Springfield, or any judge or justice authorized to hold any 
court within the county of Hampden, or by any justice of 
the peace within said county ; and the ward officers may 
also be sworn as follows : — the warden by the clerk of the 
ward, and the clerk and inspectors by the warden. 

Section 7. The ward officers shall be a warden, clerk Warden, cierk 

T., . . r»ij' r 1 1 ij-i and inspectors 

and three inspectors ot elections tor each ward, and the of elections. 
qualified voters of each ward shall, on the Tuesday next 
after the first Monday of December, annually, meet 
together in their several wards, at such place and hour as 
the board of aldermen may by their warrants appoint, and 
choose by ballot, a warden and a clerk for each ward, and 
shall give in their ballots for two persons, who shall be 
residents of the ward, to be inspectors of elections in such 
ward ; and the three persons who shall have received the 
highest number of votes for the office of such inspector 
shall be declared to be elected to, and shall hold office in 
such ward as inspectors of elections for one year from the 
first Monday of January succeeding such election, and 
until others shall be duly elected and qualified in their 
stead. The warden and clerk, chosen as herein provided, 
shall hold office for one year from the first Monday of 
January next succeeding their election, and until others 
shall be duly chosen and qualified in theif stead. 



508 



1877.— Chapter 146. 



Ward rooms 
for holding 
ward meetings. 



Ward officers 
to be sworn. 



Duty of warden. 



Duty of ward 
clerk. 



If warden Is 
absent, clerk 
to preside, etc. 



Section 8. If it shall appear to the hoard of aldermen 
that no convenient ward room for holding ward meetings 
of the citizens of either of the wards of said city can be 
had within the limits of such ward, the said board of 
aldermen may, in their warrants for calling any meetings 
of such ward, appoint and direct such meetings to l)e held « 
in some convenient place within the limits of any other 
ward of said city; and thereupon, all things done under 
such warrants, at such place so appointed, shall be held to 
be legally done. 

Section 9. The warden, clerk and inspectors shall 
respectively make oath faithfully and impartially to per- 
from their several duties, and a certificate thereof shall be 
entered on the records of the ward by the clerk. It shall 
be the 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 proceedings 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 common 
councilman or ward ofBcer, 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 
ward 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 10. If at any ward meeting the warden shall 
not be present, the clerk of the ward shall call the meeting 
to order, and preside until a warden ^jro tempore shall be 
chosen ; and if at any meeting the clerk shall not be pres- 
ent, a clerk pro tempore shall be chosen, and if l)otli the 
warden and clerk shall be absent, the senior in a<;e of the 



1877.— Chapter 146. 509 

inspectors of elections of said ward present may preside 
until a warden j^'^^o tempore shuU be chosen ; and in case of 
the absence of all said otficers, the officer who returns the 
warrant, or any legal voter in said ward, may call the 
meeting to order and preside until a warden pro tempore 
shall be chosen. Whenever any of the inspectors shall be 
absent, his otRce shall be tilled ^j/"0 tempore. All ward 
officers shall be chosen by ballot, and shall be residents in 
the wards where elected, and no person shall hold more 
than one ward office at the same time. 

Section 11. It shall be the duty of the city clerk forth- copies of rec 

. 1 I • /• 1 1 /> ii 1 J ords received 

With to enter the copies ot the records ot the several wards ivom waia 
received from the ward clerks, certified as aforesaid, or a ciueicd"ou'' 
plain and intelligible abstract of them, upon the journal of •j^|Xn''e'n! 
the board of aldermen or a book kept for that purpose. 

Section 12. , The qualified voters of the city shall, on EUoUonof 
the Tuesday next after the first Monday of December sue- '"''■^°'' 
ceeding the acceptance of this act, and on the Tuesday 
next after the first Monday of December ii» every second 
year thereafter, meet together in their several wards, at 
such place and hour as the board of aldermen may by their 
warrants appoint, and give in their ballots for a mayor of 
said city ; and the person elected such mayor shall hold 
his office for the term of two years, beginning on the first 
INIonday of January next after his election, and until an- 
other shall be duly chosen and qualified. 

Section 13. The qualified voters of the city shall, on Election of 
the Tuesday next after the first Monday of December sue- '' 
ceeding the acceptance of this act, meet together in their 
several wards, at such place and hour as the board of 
aldermen may by their warrants appoint, and give in their 
balh)ts for nine persons to be and constitute the board of 
aldermen of said city, no two of whom shall be residents 
of any one ward in said city ; and of those elected as such 
aldermen, the three persons who shall have received the 
largest number of votes shall be declared elected to, and 
shall hold, their offices for the term of three years, begin- 
ning on the first Monday of January next after their elec- 
tion, and until others shall be duly elected and qualified in 
their places ; and the three persons who shall have received 
the next largest number of votes shall be declared elected 
to, and shall hold their offices for the term of two years, 
beginning on said first Monday of January, and until 
others shall be duly elected and qualified in their places ; 



510 



1877.— Chapter 146. 



Term of office. 



Proviso. 



Election of 

common 

coiuicilmen. 



and the remaining three persons shall be declared elected 
to, and shall hold their offices for the term of one year, 
beginning on said first Monday of January, and until others 
shall be duly elected and qualified in their places. In case 
two or more of the persons so elected shall have received 
an equal number of votes, seniority of age shall be the 
basis for the division into classes hereby required. And 
thereafter, the qualified voters of the city shall, on the 
Tuesday next after the first Monday of December, annu- 
ally, meet together in their several wards, at such place 
and hour as the board of aldermen may by their warrants 
appoint, and give in their ballots for three persons to be 
aldermen of said city, to succeed those whose terras of 
office are limited to terminate at the end of the then mu- 
nicipal year, for the terra of three years, beginning on the 
first Monday of January next after their election, and until 
others shall be duly elected and qualified in their places : 
j)rovided, always, that no two members of the said board 
shall be residents of any one ward, except in the case of 
change of residence from one ward to another, after elec- 
tion, as provided for in section twenty-four of this act, and 
that whenever it shall appear that an election in contra- 
vention of this provision has been made, such election 
shall be void, and the board of aldermen shall, forthwith, 
issue their warrant for a meeting to fill any vacancy so 
occurring ; and so, from time to time, until the whole num- 
ber of aldermen required shall have been duly chosen. 

Section 14. The qualified voters of each ward shall, 
on the Tuesday next after the first Monday of December 
succeeding the acceptance of this act, meet together in their 
several wards, at such place and hour as the board of alder- 
men may by their warrants appoint, and give in their bal- 
lots for three persons in each ward, all of whom shall be 
residents of the ward, to be members of the common coun- 
cil of said city, two for the terra of one year, and one for 
the terra of two years ; and thereafter on the Tuesday next 
after the first Monday of December, annually, said voters 
shall in like manner meet and give in thoir ballots for two 
persons, in each ward, both of whom shall be residents of 
the ward, to be members of the said common council, one 
for the terra of one year and one for the term of two 3'ears ; 
and the persons elected at any of such meetings shall hold 
office for the terms for which they are respectively elected, 
beginning on the first Monday of January succeeding their 



1877.— Chaptek 146. 511 

elections, and until others shall be duly elected and quali- 
fied in their stead : provided, that in voting for members Proviso. 
of said common council, in all cases, the length of the term 
of office for which it is intended that each person voted for 
shall serve shall be indicated on the ballots given in by the 
words, printed or written, "for one year" or "for two 
years" as the case may require, and that ballots bearing 
no indication as to length of term shall be regarded as if 
there were printed or written thereon the words " for one 
year." 

Section 15. Within two days after any election for persons elected 
mayor or aldermen, the board of aldermen shall examine to be notified. 
the returns of votes from the several wards and cause the 
persons elected to be notified in writing thereof. If it 
shall appear by said returns that no person is elected 
mayor, or if the person elected declines to accept the office, 
the board shall cause the fact to be entered upon their rec- 
ords and issue their w;irrant for a new election ; and the 
same proceedings shall be had in all respects as are pro- 
vided 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 16. If the choice of aldermen, members of the ifthereisno 
common council, or ward officers, or of any of them, shall mt°etin'g"to^ 
not be effected on the day named in any warrant for the ^^heid. 
election of such officers, cluly issued as aforesaid, by rea- 
son of two or more persons receiving the same number of 
votes for the same ofHce, the board of aldermen shall forth- 
with issue their warrant for a meeting for the election 
of such officers as are necessary to fill any vacancy so 
occurring. 

Section 17. The persons elected aldermen and mem- organization 
bers of the common council shall, on the first Monday of gov^j-a^ent. 
January next after the acceptance of this act, meet in their 
respective rooms at ten o'clock in the forenoon. The 
aldermen shall be called to order by the senior alderman, 
and the councilmen by the senior councilman present ; and 
when it shall appear that a quorum is present, each body 
shall choose a presiding officer ^ro temj)07'e, and notify the 
other body of the fact. The two bodies shall then forth- 
with meet in convention, and notify the mayor elect, if 
any, thereof. The presiding officer pro temp)ore, of the 
aldermen shall preside at such convention, and the city 
clerk shall be clerk thereof. If the mayor elect shall then 



512 



1877.— Chapter 146. 



Organization of 
city govern- 
ment. 



Aldermen and 
council men to 
meet in tlieir 
respective 
rooms and be 
sworn. 



Chairman of 
the board of 
aldermen. 



President of 
the common 
council. 



attend, the oaths of office shall then be administered to the 
members of the board of aldermen and common council 
elect. If no mayor who accepts the office has been chosen 
prior to said first Monday of January, or in case of the 
absence of the mayor elect on said day, the oaths of office 
shall be administered by any one of the persons by this 
act authorized to administer such oaths ; and the city gov- 
ernment shall be organized and may proceed to business in 
the same manner as if the mayor were present. When 
said convention shall be dissolved, the two branches shall 
separate and meet in their respective rooms, and if a quo- 
rum shall be present, each shall proceed to elect by ballot 
a permanent presiding officer from its own number. The 
presiding officer of the board of aldermen shall be entitled 
chairman and that of the common council president. The 
city clerk shall be clerk of the board of aldermen, and the 
common council shall choose by ballot a clerk not a mem- 
ber thereof. 

Section 18. On the first Monday of January, annually, 
after the first organization of the city government under this 
net, the aldermen and common councilmen, in office and 
elect, shall meet in their respective rooms, be called to 
order, meet in convention, notify the mayor, and proceed 
as provided in section seventeen of this act ; but only such 
officers as have not been previously sworn need take the 
oath of office. 

Section 19. The chairman of the board of aldermen 
shall hold office, as such, onl}' during the municipal year in 
which he is chosen such chairman. He shall preside at all 
meetings of said board and at all conventions of the city 
council, shall appoint all connnittees of said board, and in 
case of any vacancy in the office of mayor for any cause, 
shall exercise all the powers, except the power of veto, 
and perform all the duties of mayor as long as such 
vacancy shall continue ; 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 his absenee the 
said board shall choose by ballot a chairman j)^'0 (emjjore. 
In the absence of the mayor from the city, all notices or 
processes required by law to be served on the mayor, or 
on the mayor and aldermen, of said city, may be served 
on the chairman of said board of aldermen. 

Section 20. The common council shall meet and act 
as a separate body, distinct from the board of aldermen, 



1877.— Chapter 146. 513 

except when the two bodies meet in convention. The 
president of said council shall hold office, as such, only 
during the municipal year in which he is chosen such pres- 
ident. He shall preside over said board and appoint all 
committees thereof. In his absence the said council may 
choose by ballot a president pro temjwre. The clerk of 
said council shall be sworn to the faithful discharge of his 
duties by the president of said board or by any officer 
authorized to administer oaths in the county of Hampden, 
and a certificate thereof shall be entered in the records of 
said board. He shall attend said council, when in session, 
keep a journal of its acts, votes and proceedings, and per- 
form such other duties in said capacity as said council may 
require. In his absence a clerk pro temjjore shall be 
chosen, and shall be duly qualified. 

Section 21. Any person chosen a member of the board Qualification 
of aldermen or of the common council, who shall not be convention. 
qualified at the organization of the city council on the first 
Monday in January, and any person who, after said organ- 
ization, shall be elected to till a vacancy in either of said 
boards, may be qualified at any time in presence of the 
board of aldermen and common council in convention, and 
the mayor elect may be qualified at any time in convention 
of said city council. A certificate of the oaths of office 
having been taken by the mayor, aldermen and members 
of the common council, shall in all cases, be entered on 
the journals of the board of aldermen and common council 
by their respective clerks. 

Section 22. In case of the decease, resignation or vacancy in 

ar m /?ii 1} ^ • • J. office of mayor. 

irom office ot the mayor, or ot his ceasing to 

reside in said city, or of his inability to perform the duties 
of his office, the board of aldermen and the common coun- 
cil shall respectively by vote declare that a vacancy exists 
in said office, and the cause thereof; whereupon the board 
of aldermen shall issue its warrant 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 for the unex- 
pired term, and until another is chosen and qualified in his 
stead. 

Section 23. Whenever it shall appear to the board of Election to mi 
aldermen that there is a vacancy, by removal from the city, wd^ofTwer. 
or by death, resignation or any other cause, in the board comidr°™'^°° 
of aldermen or in the common council, it shall be the duty 

65 



514 



1877.— Chapter 146. 



May continue 
in office after 
removal from 
ward, but not 
after removal 
from city. 



Each board to 
keep record of 
its proceedings 
and be judge of 
qualifications of 
its members. 



Mayor to be 
chief executive 
officer of city. 



May call special 
noeetiiigs of city 
council. 



Proviso. 



of the said board to issue its warrants to fill such vacancy, 
and the same proceedings shall be had as are hereinbefore 
prescribed for the election of aldermen and common coun- 
cilmen ; but in case of a vacancy in the common council, 
such warrant shall not be issued until the board of alder- 
men receive notice thereof from said common council. 
The person elected to fill such vacancy shall serve for the 
unexpired term. 

Section 24. All city and ward officers shall be held to 
discharge the duties of the offices to which they have been 
respectively elected, notwithstanding their removal, after 
their election, out of their respective wards into any other 
wards of the city ; but they shall not hold said offices after 
they have ceased to be residents of the city. 

Section 25. The board of aldermen and the common 
council shall each keep a record of its proceedings and 
judge of the returns, elections and qualifications of its 
own members. A majority of each of said boards shall 
constitute a quorum for the transaction of business. All 
sittings of said boards and all conventions thereof, except 
when in executive session, shall be public. No member 
of either of said boards shall receive any compensation for 
his services as such, or hold any office of emolument the 
salary of which shall be payable from the city treasury, or 
be eligible to any such office except the office of mayor. 

Section 26. The mayor, elected and qualified as herein 
provided, shall be the chief executive officer of said city. 
It shall be his duty to be vigilant and 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 subordinate officers, and 
examine into all complaints preferred against them for vio- 
lation or neglect of duty ; and as far as is in his power, to 
cause all negligence, carelessness or violation of duty to be 
duly prosecuted and punished ; and whenever in his judg- 
ment the good of the city shall require it, he may call 
meetings of the city council, or either branch thereof, 
although the meeting of said branches, or either of them, 
may stand adjourned to a more distant day, by causing a 
written notice to be left at the place of residence of each 
member, or delivered to him in person, which notice shall 
be served not less than one day previous to such meeting, 
by the city marshal or an assistant marshal, and return 
thereof be made to the city clerk : jn'ovided^ however, that 



1877.— Chapter 146. 515 

no action shall be takeji at any such meeting by either of 
said branches, on any matter pending therein, the consider- 
ation of which has been postponed to a more distant day, 
with(nit the assent, to be ascertained by taking the yeas 
and nays upon a question thereon, of a majority of all the 
members of such branch. The mayor shall, from time to 
time, communicate to the city council, or either branch 
thereof, such information upon municipal matters as he 
may think proper, or if compatible with the public 
interest, such as either of the boards of said city council 
may request. He shall recommend all such measures as 
in his opinion may tend to the improvement of the finan- 
ces, the police, health, security, cleanliness, comfort or 
<2:eneral o-ood of the city. All bills and accounts due from to examine buis 
the city and approved in accordance with the requirements detafL^^"" ^ "^ 
of this act, shall be presented to the mayor, who shall 
examine them in detail ; and he shall certify them for pay • 
ment if he finds them to be just and lawful claims against 
the city, and if payment is provided therefor in the appro- 
priations of the city council. In all cases in which appoint- 
ments are directed to be made by the mayor, or by the 
mayor and aldermen, the mayor shall have exclusive power 
of nomination, subject, however, to confirmation or rejec- 
tion by the board of aldermen. He may, whenever in his power to re. 
opinion the public good requires it, remove any ofiicer "^o^e oncers. 
appointed on nomination by the mayor, and shall remove 
from ofiice any person, appointed by him or his predeces- 
sors, upon being requested so to do by the city council. 
Whenever such removal occurs, and whenever a nomina- 
tion by the mayor shall be rejected by said board, it shall 
be the duty of the mayor to make another nomination for 
the ofiice concerned within one month thereafter. He Tohayeeontroi 
shall at all times have the control and direction of the ° ^^^°^ 
police force, subject only to the ordinances of the city and 
the rules and regulations established by the board of police 
and fire commissioners hereinafter named. He shall have 
such other powers and perform such other duties as the 
said city council may lawfully confer or reasonably impose 
upon him, in addition to those herein specified; but he 
shall not be appointed, nor serve as, a member of any 
committee of either of the boards of the city council. He compeusation. 
shall be compensated for his services by a salary, to be 
fixed in the first instance by the board of aldermen and 
common council, first elected under the provisions of this 



516 



1877.— Chapter 146. 



Estimate of 
expenses of de- 
partments to be 
furnished annu- 
ally to board of 
finance. 



By-law8 and 
ordinances. 



Ordinances, 
orders, etc., to 
be presented 
to mayor for 
approval. 



Veto power 
of mayor. 



act, in convention usserabled, and afterward from time to 
time by the city council, payal)le at stated periods, and he 
shall receive no other compensation or emolument there- 
for ; and no regulation, enlarging or diminishing his salary, 
shall be made to take eifect until the expiration of the 
term for which the mayor then in office shall have been 
elected ; and said salary shall not be changed between the 
last Monday in November in any year, and the first Mon- 
day in January in the next year. 

Section 27. Every department of the city govern- 
ment, the school committee and all officers and boards 
having authority to expend money on behalf of said city 
shall, annually, in the month of February or March, 
furnish to the board of finance an estimate, in detail, of 
the amount of money required for the purposes of their 
respective departments and offices for the current financial 
year. 

Section 28. The city council shall have power within 
said city to make and establish such ordinances and by- 
laws, not inconsistent with the laws of the Commonwealth, 
as towns have power by law to make and establish ; such 
ordinances aud by-laws to have force and eff'ect within 
such city, without revision or approval by the superior 
court or any justice thereof; and shall have power to 
modify, amend or repeal the same and any existing ordi- 
nances or by-laws, and to annex penalties, not exceeding 
twenty dollars, for the breach thereof. 

Section 29. Every ordinance, order, resolution or 
vote to which the concurrence of the board of aldermen 
and of the common council may be necessary (except on 
a question of convention of the two branches, or on the 
election of officers required to be chosen by either of the 
boards of the city council, or by the cit}" council in con- 
vention, or in the matter of tlie removal of any person 
from office, or on the expulsion of a member), and every 
order of either branch of the city council involving the 
exj)(MKlitnre of money shall be presented to the mayor; 
and if he approves thereof, he shall signily his approbation 
by signing the same ; but if he does not approve thereof, 
hd shall return such ordinance, order, resolution or vote, 
with his objections in writing, to the branch in which it | 
originated, and such branch shall enter such objections 
at large on its records, and proceed to reconsider said 
ordinance, order, resolution or vote ; and if after such 



1877.— Chapter 146. 517 

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 shall have been presented to him, 
the same shall be in force. 

Sectiox 30. In all cases where anything is or may be Board of aider. 

T ji-Ti 1 Till nien to act first 

required or authorized by any law or ordinance to be done upon matters 
by the mayor and aldermen, the board of aldermen shall don"'if/iii°ayor 
first act thereon ; and any order, resolution or vote of said '^'^^ aldermen. 
board in relation thereto shall be presented to the mayor 
for his approval, in the manner provided in the preceding 
section. 

Section 31. The mayor and all other officers or boards Appointments 

1.., •1,/. •, ,, !/• and removals 

having the right or appointment to, or removal irom, any to be reported 
office or place shall forthwith, after any such appointment *» ^^^^y «o«°«»- 
or removal, communicate the fact to the city council, and, 
in case of removal, the reasons therefor. 

Section 32. The city council shall take care that cuy council to 

DQiVG CiXTQ of 

money shall not be paid from the treasury unless granted public property. 
or appropriated; shall secure a just and prompt account- 
ability, by requiring and enforcing bonds \;Yith sufficient 
penalties and sureties from all persons intrusted with the 
receipt, custody or disbursement of money ; shall have the 
care and superintendence of all city buildings and the 
custody and management of all city property, except so 
ftir as the same is herein, or may hereafter lawfully be, 
assigned to any of the boards hereinafter provided for, 
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 judgment require it ; and shall, 
as often as once a year, cause to be published for the 
information of the inhabitants of the city, a particular 
account of receipts and expenditures and a schedule of 
city property and of the city debts. 

Section 33. The city council shall fix the compensa- city council to 
tion of all officers, including that of all members of the ot-airoffiTers!"" 



518 



1877.— Chapter 146. 



City officials 
may be sum- 
moned before 
either branch 
of city govern- 
ment. 



Summons in 
writing to be 
issued. 



Penalty for not 
attending, as re- 
quired in sum. 
mens. 



police and fire departments, and shall define their duties, 
so far as the same are not determined by the laws of the 
Commonwealth, or herein established, or otherwise herein 
provided for, and all sums of mone}^ received by any 
officer in his official capacity from any source, shall be 
duly accounted for and paid over to the city collector 
monthly. 

Section 34. The city council, in convention, or either 
board thereof sitting separately, shall have power to sum- 
mon any person, except the mayor, holding any office or 
place elective or appointive under the provisions of this 
act, or of any act in addition thereto or in amendment 
thereof, or under the ordinances of said city, to appear 
before it and give such information as it may require, and 
answer such questions as it may desire to ask, in relation 
to any matter, act or thing connected with his office or 
place, or his discharge of the duties thereof : provided^ 
that in all cases, a summons in writing shall be issued 
therefor, which shall contain a statement of the subject 
matter as to which information is sought and of the time 
when and place where the person summoned is required 
to appear ; and, provided, that such summons shall be 
served by personal service upon the person therein required 
to appear, and notice thereof given to the mayor, at least 
six days before the time therein fixed for such appearance. 
Said summons and notice shall be served by the city 
marshal, or an assistant marshal, or some officer of said 
city having the power of serving civil process, and return 
shall be made thereof to the presiding officer of the board 
issuing the same. If the person so summoned neglects to 
attend as in said summons required, or shall wilfully refuse 
or refrain from giving such information within his knowl- 
edge, or to answer such questions if he is able, as may, 
with the sanction of a majority of the body by whom said 
summons was issued, be sought from or propounded to 
him, the body so summoning may, by vote of two-thirds 
of the members thereof, then present and voting, declare 
such person to be in contempt of said body ; and if such 
contempt shall be continued beyond the time of adjourn- 
ment of the next meeting of said body, held after the 
expiration of seven days from the date of the meeting at 
which such contempt was declared, the city council, by a 
concurrent vote of two-thirds of each branch thereof, may 
remove such person from his said office or place, and 



1877.— Chapter 146. 519 

declare the same to be vacant; and thereupon, said office 
or place shall be filled in the manner provided herein for 
filling the same in case of vacancy arising from any other 
cause. 

Section 35. Either board of the city council may, for Either board 
cause, expel any of its members, by vote of two-thirds of jrnUm^mber^ 
the whole number thereof, taken by yeas and nays : pro- vote/^°"*^"^'^^ 
vided, however, that no member against whom proceedings 
for such expulsion are pending shall be allowed to vote in 
any matter relating thereto, and that no member shall be 
so expelled until he shall have had an opportunity to be 
heard in person and by counsel upon all matters of com- 
plaint upon which proceedings for his expulsion shall be 
founded, and shall have had at least six days in which to 
prepare himself therefor. Whenever a member shall be so 
expelled, his place in the expelling board shall be thereby 
made vacant, and the board of aldermen shall forthwith 
issue its warrant for an election to fill such vacancy, and 
like proceedings shall be had as are provided herein for 
filling vacancies in said board arising from any other 
cause. 

Section 36. The city council may by concurrent vote Mayor may be 
of two-thirds of the whole number of members of each co^rar^eil'/vote 
board thereof, taken by yeas and nays, remove for cause, wVJIenumbe?^ 
the mayor from office : provided, however, that wilful mal- of members of 
feasance, misfeasance or neglect of duty in office, or men- provisos. 
tal or physical disabilit}^ therefor, shall be the only causes 
sufficient to authorize such removal ; and provided, further, 
that no vote for such removal shall be taken in either of 
said boards until the said mayor shall have had an oppor- 
tunity to be heard thereon, in person and by counsel, 
before said city council assembled in convention, upon 
all matters of complaint on which proceedings for his 
removal shall be founded, and shall have had at least six 
days in which to prepare himself therefor. Whenever a 
mayor is so removed from office, the vacancy occasioned 
thereby shall be filled in the manner herein provided for 
filling vacancies in the office of mayor occurring from other 
causes. 

Section 37. The executive power of said city gener- Executive 
ally, together with the administration of the police, and all P^^^rsofcity. 
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 and the several boards created by 



520 



1877.— Chapter 146. 



Powers vested 
in mayor, alder- 
men and com- 
mon council. 



City clerk, 
treasurer and 
collector. 



Officers elected 
by city council 
may be removed 
for cause. 



or under the provisions of this act, as fully as if the same 
were herein specially enumerated ; and the mayor and 
aldermen shall have full and exclusive power and authority 
to appoint in the manner hereinafter specified, a city mar- 
shal and assistant marshal or marshals, with the powers 
and duties of constables, and such number of constables 
as they shall deem expedient, and the same may be 
removed by the mayor. 

Section 38. All other powers vested in the inhabitants 
of towns in this Commonwealth, and all powers herein 
granted, except such as are or may be vested in the boards 
created by or under this act, and all other powers hereto- 
fore by law vested in the city of Springfield, or in the 
inhabitants thereof as a municipal corporation, or in the 
city council of the city of Springfield, so far as the same 
shall be consistent with this act, shall be and are hereby 
continued, to be vested in the mayor, the board of alder- 
men and the board of common council of said city, to be 
exercised by said last named boards by concurrent vote, 
each board having a negative upon the other, and the 
mayor having a veto power as hereinbefore provided. 
But the city council shall annually, within two months 
after their organization, elect by joint ballot, in con- 
vention, a city clerk, a city treasurer and a city col- 
lector, and shall by ordinance provide for the election or 
appointment of all other officers necessary for the good 
government, peace and health of the city, not herein other- 
wise provided for, to hold their offices for the term of one 
year from the first Monday of April, and until their suc- 
cessors shall be chosen and qualified : provided^ Jioicever^ 
that any officer elected by the city council may be removed 
at any time by said council for sufficient cause ; and that 
in case of the death, resignation or removal of any officer 
elected by the city council, his place shall be filled in the 
manner provided in this section for the election of city 
officers ; and that any person elected to fill a vacancy shall 
hold office only for the unexpired term ; and that said city 
council may at any time, by ordinance, provide for the 
election or appointment of any officers, and constitute 
any board or boards of commissioners for municipal pur- 
poses, not herein provided for, and for the election or 
appointment or removal of such officers and the members of 
such boards, and determine their terms of office and com- 
pensation ; and may confer upon and delegate to such 



1877.— Chapter 146. 521 

officers or boards any jDowers and duties which now are, 
or may hereafter be vested in said city council, or either 
branch thereof, which shall not contravene an}^ provisions 
hereof or of the statutes of the Commonwealth; provided, Boavcisofcom. 

. . -' 111 niissioners may 

further, that no additional boards of commissioners shall bo created by a 
be constituted without the concurrent vote of two-thirds of tiiewhoie 
of the whole number of members of each board of the boardo'^f°tbedty 
city council, and that any new officers or new boards of <=o"n"i- 
commissioners, created under the provisions of this section, 
may be abolished by concurrent vote of two-thirds of the 
whole number of members of each board of said city 
council ; and provided, that no member or members of the 
board of aldermen or of the common council, actini; either 
individually or as a committee, shall make any disburse- 
ment of public money or perform any executive duty 
whatever, except as specially authorized by law, and that 
the appropriations for each department and office of the 
city shall define, as far as practicable, the specific purposes 
for which the money appropriated is to be expended, and 
that no expenditure, nor any contract or agreement involv- 
ing the payment of money shall be made in any depart- 
ment or office, or b}' any board, commissioner or officer 
for the city, for any purpose not included in the appro- 
priation made by the city council, or in excess of the 
appropriation so made, unless by vote of two-thirds of 
the whole of each branch of the city council first obtained 
therefor; and provided, that no transfer of an ajipropria- Transfer of 
tion from one department or office to another, or from one app'*op"ations. 
specific object to another in the same department or office, 
shall be made without the consent of the city council ; and 
that no money shall be paid out of the treasury of the city 
unless the same shall be for an expenditure expressly 
authorized bylaw, and the bill, account or contract for the 
same shall have been approved by the board, commis- 
sioners, committee or person under whose authority it 
has been authorized and made, nor unless it has been 
examined, certified and drawn for by the mayor. 

Section 39. The city clerk shall be sworn to the faith- cuycierkto 
ful discharge of the duties of his office. He shall have ^''®^°'''^- 
charge of all journals, records, papers and documents of the 
city, sign all warrants issued by the board of aldermen, 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 

66 



522 



1877.— Chapter 146. 



City clerk to 
be clerk of the 
board of alder- 
men. 



City treasurer. 



Same person 
may be clerk 
and treasurer. 

Assistant city 
clerk and as- 
sistant city 
treasurer. 



intrusted to him as city clerk, to his successor in ofBce. 
He shall also perform all the duties and exercise all the 
powers by law incumbent upon, 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 pro- 
ceedings ; also of the city council when in convention. He 
shall engross all the ordinances passed by the city council 
in a book j)rovided 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. 

Section 40. The city treasurer shall be the custodian 
of ail moneys, bonds (except his own official ])ond which 
shall be in the custody of the city collector), certificates 
of indebtedness, notes, mortgages and other securities be- 
longing to the city. He shall deposit the money belonging 
to the city in such bank or banks as he, having reference 
to the wishes of the sureties on his bond, shall select. He 
shall have all the powers appertaining to town treasurers, 
and shall perform all the acts and duties incumbent upon 
such treasurers, or upon him by virtue of his office, except 
those powers and duties herein given and assigned to 
the city collector, and shall do and perform such other 
duties as shall be lawfully imposed upon him by stat- 
ute of the Commonwealth or ordinance of said city, or 
with the approval of the city council, by the board of 
finance. 

Section 41. The offices of city clerk and city treasurer 
may be held by one and the same person. 

Section 42. The city council may establish by ordi- 
nance the offices of assistant city clerk and assistant city 
treasurer, or either of such offices, and provide for the 
appointment or election of persons to hold the same ; and 
the said offices may be held by one and the same person, 
and the persons elected or appointed to said offices shall 
hold the same only for the remainder of the municipal 
year in which they are appointed or elected, and they may 
be removed, and said offices may be abolished at any time 
by the city council. They shall respectively have such 
powers and perform such duties, appertaining to the offices 
to which they are respectively assistant, consistent with the 
provisions of this act and of law, as the city council shall 
by ordinance prescribe. 



1877.— Chapter 146. 523 

Section 43. Whenever cither the city clerk, the city if cierk, treas. 
treasurer or the city collector shall be temporarily unable k ubLMU^'etc'^'^ 
to perform the duties of his office by reason of sickness, m^a'p^oLm- 
absence from the city or other disability, the mayor by p*^^^- 
and with the consent of the board of aldermen, may 
appoint some suitable person to be and act as city clerk or 
city treasurer or city collector, as the case may be, pro 
tempoi'e; and every person so appointed shall, after being 
duly qualified, hold the office, with all the powers and subject 
to all the duties thereunto appertaining, until the absence or 
disability of the officer whose place he fills shall cease, or until 
another shall be duly appointed or elected to such place, but 
may be removed therefrom at any time by the mayor. 

Section 44. Every person elected or appointed to the Assistant cierk 
office of assistant city clerk, or city clerk pro tempore^ ° eswom. 
shall be duly sworn to the faithful discharge of the duties 
thereof; and every person elected or appointed to the Assistant treas- 
office of treasurer, or collector, or assistant treasurer, or lo g^iveboHd?*°'^ 
treasurer pro tempore, or collector pro tempore, shall, 
before entering upon the duties of his office, give such 
bond, in such sum and with such sureties and on such 
conditions as the city council may require and approve. 

Section 45. The city collector shall be, and shall have city collector to 
all the powers now possessed by, and perform all the and'^pa^ovw 
duties incumbent upon, the collector of taxes of said city, to treasurer. 
and shall also have power, and it shall be his duty, to col- 
lect and receive all assessments, betterments, notes, duties, 
dues, fines, forfeitures and moneys payable on any account 
to said city ; and he shall have all the powers with respect 
to such collections, and for the bringing of suits and 
instituting prosecutions, or legal process of any kind, 
heretofore possessed by the treasurer of said city, and 
such other powers as may be lawfully conferred on him by 
said city council. He shall be custodian of the official 
bond of the city treasurer. He shall pay over all moneys 
received by him as such collector to the city treasurer 
within twenty-four hours after receiving the same (the 
hours of Sunday not counted), and shall take said treas- 
urer's receipt therefor, in duplicate, one copy of which he 
shall forthwith deliver to the mayor. He shall perform 
such other duties as may lawfully be required of him by 
ordinance or order of the city council or statutes of the 
Commonwealth, or, with the approval of the city council, 
by the board of finance. 



524 



1877.— Chapter 146. 



offiifeYfor°ti°e''^ Sectiox 4(). The persons heretofore chosen and now 
term for which holJinoj office in said city, as assessors, assistant assessors 

GiCCtGu* 

and overseers of the poor shall continue to hold their respect- 
ive offices for and during the full term for which they were 
respectively elected ; and assessors and assistant assessors, 
and overseers of the poor of said city, shall continue to be 
elected as provided by and in accordance with chapter one 
hundred and twenty-six of the acts of the year eighteen 
hundred and seventy-three ; })ut all the rights, powers, 
duties and acts of the persons so elected overseers of the 
poor, shall be had, exercised, performed and done as 
members of the board of overseers of the poor and of 
health hereinafter provided for and established under the 
provisions of this act. The assessors thus chosen shall 
constitute the board of assessors for the city, and shall 
exercise the powers and be subject to the duties and 
liabilities of assessors of towns in this Commonw^ealth, 
and shall be sworn to the faithful performance of the 
duties of their office. All taxes shall be assessed, appor- 
tioned and collected in the manner prescribed by the laws 
of the Commonwealth : provided^ however^ that the city 
council may establish additional provisions not inconsist- 
Assistant assess, eut therewith. The assistant assessors shall be duly 
sworn to the faithful discharge of their duties, and shall 
assist the assessors in the performance of their duties. 

Section 47. The school committee of said city shall 
continue to exist as now constituted, and the present 
members thereof shall continue to have and exercise all 
the rights and do and perform all of the acts and duties 
appertaining to the office of member of the school com- 
mittee of said cit}^ as now established by law, for and 
during the full term for which they were respectively 
elected ; and whenever the terms of office of any of the 
present members of said committee shall expire, their 
places shall be filled by persons elected in the manner now 
provided b}^ law for the election of members of the school 
committee of said city : provided^ however, that when it 
shall become necessary to elect a person to succeed or fill 
the place of the present member at large of said com- 
mittee, the person elected therefor shall be a resident of 
the ward which, by reason of the increase of the number 
of wards of said citv herein provided for, shnil not then 
be represented in said board ; and thereafter no two mem- 
bers of said committee shall when elected be residents 



School com- 
mittee. 



Vacancies. 



1877.— Chapter 146. 525 

of the same ward ; and in case two or more of the per- 
sons who appear to have received a majority of votes over 
others, in any election for members of said school com- 
mittee, shall be fonnd to be residents of the same ward, 
the one having the larger nnmber of votes, or in case two 
or all of them shall have had an cqnal nnmber of votes, 
the senior by age of them shall be held and declared to be 
elected, and the balloting shall be otherwise of no eflect ; 
and the board of aldermen shall forthwith issue their war- 
rant for a meeting of the citizens for a new election to fill 
any vacancies so caused, and so from time to time, as 
often as may be necessary, until the whole number of 
members of said committee required to be chosen shall 
have been duly elected; and provided., that the mayor Mayor to be 

1111 /n • 1 1 1 • /• • 1 a member, ex 

shall be ex ojjicio a member and chairman oi said com- o^do. 
mittee, but shall have no vote therein, except when his 
vote if cast would determine a question. In the absence 
of the mayor said committee shall elect a chairman pro 
tempore. All sums appropriated by the city council for 
the erection, maintenance, repairs or alteration of or sup- 
plies for school-houses, or for any educational purposes, 
shall be i^laced to the credit of and be subject to the order 
and disposal of said committee ; and said committee shall 
have the right to expend the same for said purposes, as it 
may deem best ; and to appoint all officers, teachers, 
agents or other persons necessary for its purposes, fix 
their compensation and discharge them at pleasure. 

Section 48. If any person elected a member of the vacancies in 
school committee, after being duly notified of his election tee°howfiikd. 
as hereinbefore provided, shall refuse or neglect to accept 
said ofiice, or if any member of such committee shall decline 
to further serve as such, or by reason of change of resi- 
dence or other cause shall become disqualified or unable 
to act as or attend to the duties of a member of said 
committee, the remaining members shall in writing cer- 
tify the fact to the board of aldermen of the city, and the 
two boards, to wit : — the board of aldermen and the board 
of school committee, shall thereupon, after giving public 
notice of at least one week, convene at the place of meet- 
ing of the board of aldermen at a time appointed by the 
mayor, and proceed to fill such vacancy by electing by 
joint ballot a suitable person in his stead, who shall be 
an inhabitant of said city and a resident of the ward in 
which the person whose place he is to fill resided at the 



526 1877.— Chapter 146. 

time of his election ; and a majority of the ballots of all 
persons entitled to vote in said boards shall be necessary 
to an election in such case. And if all the persons elected 
as members of the school committee, after having been 
duly notified of their election, shall refuse or neglect to 
accept the office or having accepted shall afterwards 
decline further service, or become disqualitied or unable 
to act with or attend to the duties of such a committee, 
the board of aldermen and common council, in convention, 
shall after giving like public notice proceed to elect, by 
joint ballot, a new school committee, in accordance with 
the requirements as to the residence of members herein- 
before made ; and the majority of the ballots of the entire 
number of those entitled to vote in such convention shall 
be necessary to an election in such case. The term of 
service of every member elected in pursuance of the pro- 
visions of this section, shall end with the municipal year 
in which he is chosen, and if the vacancy which he was 
elected to fill was for a longer period, it shall at the first 
annual election after the occurrence of the vacancy be 
filled in the manner prescribed for original elections of the 
school committee. 
Appointment SECTION 49. The uiavor, by and with the advice and 

of city marshal, „, , , /•ii in n • ^i 

constables, etc. couscut ot the Doard oi alderuieu, shall annually m the 
month of January or February, and as often as may be 
required to fill vacancies, appoint the following named 
officers, to wit : — a city marshal, an assistant marshal, such 
other assistant marshals, and such constables as he, with 
the approval of the board of aldermen, may deem to be 
required for the public service; a captain of the watch, a 
chief engineer of the fire department, such number of 
assistant engineers as any ordinance of the city council 
shall or may require, a superintendent of charities, a 
superintendent of water works, a superintendent of streets 
and sew(?is, a superintendent of buildings, a su[)erintendent 
of fire alarms, a city physician, a city surveyor, and such 
a number of fence viewers, field drivers, surveyors of 
lumber, measurers of wood and bark, measurers of grain, 
inspectors of lime, inspectors of milk, inspectors of petro- 
leum, sealers of weights and measures, pound keepers and 
weighers of coal, as are or may be by law required to be 
ai)pointed or chosen, all of whom shall be duly sworn to 
the faithful discharge of their duties, and shall hold office 
for one year, beginning on the first Monday of April next 



1877.— Chapter 146. 527 

after their appointment, and until others are duly appointed 
and qualified in their stead, but may be removed at any 
time by the mayor. 

Section 50." The city marshal and assistant marshal Stmite^o 
or assistant marshals, and the captain of the watch, ^f^^P°J^Ye^g 
appointed as provided in the preceding section, shall have 
all the powers and duties of constables, and such other 
powers in addition to those which are conferred or imposed 
upou such officers by this act, as may be lawfully conferred 
or imposed upon them by the city council, and shall 
severally give such bonds, upon such conditions as are 
required by law to be given by constables in qualification 
for service in civil process, in such sums and with such 
sureties as the mayor and aldermen shall approve, upon 
which bonds like proceedings and remedies may be had as 
upon those given by constables to selectmen of towns ; and 
they shall respectively have all the powers and perform all 
the duties now possessed by or incumbent upon such 
officers of said city, except as the same may be modified 
by this act. And the city marshal shall also have such 
powers and perform such duties as, with the approval of 
the city council, may lawfully be conferred or imposed 
upon him by any board of commissioners of which he may 
be a member. 

Section 51. The engineers of the fire department shall ^"f^^'^gJe 
have the powers and authority in regard to the prevention department. 
and extinguishment of fires, and the performance of the 
other offices and duties incumbent upon fire- wards, which 
are vested in and conferred upon fire- wards and engineers 
of fire departments by the statutes of this Commonwealth, 
and such other powers and duties, in addition to those 
specified in this act, as shall lawfully be conferred or 
imposed upon them by the city council, or with the 
approval of the city council, by the board of fire and police 
commissioners established under the provisions of this act. 

Section 52. The superintendent of charities, the superintendents 
superintendent of water works, the superintendent of 
streets and sewers, the superintendent of buildings, the 
superintendent of tire alarms, the city physician and the 
city surveyor, shall respectively have such powers and 
perform such duties, in addition to those herein specified, 
as shall lawfully be conferred or imposed upon them 
respectively by the city council, or with the approval of 
the city council, by any board of commissioners of which 



528 1877.— Chapter 146. 

they mny respectively be members. The superintendeut 
of charities shall act as and be the agent of the board of 
overseers of the poor and of health of said city, and shall 
do and perform such acts aud things, in relation to the 
care and relief, support, burial, removal and disposition of 
paupers, or indigent pers(jns, or insane paupers, as the 
said board may lawfully direct and empower him to do 
and perform. The other officers named in this section 
shall have such powers and perform such duties as are or 
may be conferred or imposed on such officers by statutes 
of the Commonwealth, or lawfullj^ by said city council. 
?oorfndVo^ard SECTION 53. The mayor, the superintendent of ehari- 
of health. tlcs, thc city physiciau and the city marshal, (each ex 

officio), and the persons heretofore chosen, now holding 
office as overseers of thfe poor in said city, and their suc- 
cessors in office, elected in accordance with the provisions 
of chapter one hundred and twenty-six of the acts of 
eighteen hundred and seventy-three, shall constitute and 
be a board of overseers of the poor and of health of said 
city. The mayor shall be ex officio, chairman, and the 
city physician, ex offiicio, clerk of said board. The said 
board shall l)e organized annually on the first Monday in 
April, and shall have and exercise all the powers and per- 
form all the duties of overseers of the poor as required by 
the statutes of the Commonwealth, subject to all ordi- 
nances of the city not inconsistent with law ; and no 
other provision for overseers of the poor need be made 
by said city. And said board shall on aud after the 
first JNlonday of April next after the acceptance of this 
act, have and exercise all thc rights and powers, and per- 
form all the duties of the board of health, as the said 
board of health is now constituted in said city. The board 
of health of said city as now constituted shall continue to 
have and exorcise all the rights and powers, aud per- 
form all thc duties, now vested in or imposed upon said 
board by existing law or ordinances, until said first Mon- 
day of April next after the acceptance of this act, when 
its rights and powers shall cease and vest in said board of 
overseers of the poor and of health. 
^''■^'JP'\P"''^f SixrrioN 54. The mavor, the chief engineer of the fire 
department, the city marshal, each ex officio, and two citi- 
zens, to be chosen as hereinafter provided, shall constitute 
and be a board of tire and police commissioners for said 
city. Thc citizen members of said board shall be chosen 



1877.— Chaptek 146. 529 

as follows, to wit : — within two months after the organiza- 
tion of the first city council elected under the provisions 
of this act, the said city council in convention shall, by 
joint ballot, elect two citizens of said city, neither of whom 
shall be a member of either branch of the city council, to 
be members of said board, one for the term of one year, 
and one for the term of two years, beginning on the first 
Monday of April then next ; and thereafter annually, within 
two months after its organization, said city council shall in 
convention, by joint ballot elect one citizen of said city, 
not a member of either branch of said city council, to be a 
member of said board for the term of two years, begin- 
ning on the first Monday of April then next, and the said 
persons so elected shall hold their offices until others are 
duly elected and qualified in their stead. The mayor shall 
be chairman of said board. The said board shall organize organization 
on the first Monday of April in each year, or as soon as °^ ^°^^^- 
practicable thereafter, and shall choose one of its members 
to be clerk thereof, who shall keep a record of the pro- 
ceedings of said board and perform such other duties as 
said board shall assign to him. Said board shall appoint 
all such officers and members of the fire and police depart- 
ments as are not herein provided to be otherwise appointed, 
as may be required by any ordinance of the city council 
for said departments ; and the persons appointed by them 
shall hold their respective places until the same shall be 
vacated by death, resignation or removal for cause. Said to proscribe 

the duties of 

board shall, subject to the approval of the city council, officers and 
prescribe the duties of the officers and members of said dej^rtments. 
departments, except in matters regulated by statute of the 
Commonwealth or ordinances of said city, and make rules 
and regulations for their own government and for the gov- 
ernment of all other officers and members of the said 
departments (including the fire alarm telegraph and the 
operator thereof), as they may deem expedient, providing 
that such duties, rules and regulations shall not contravene 
or be inconsistent with any statute of the Commonwealth 
or any ordinance or order of the said city council. Said 
board shall, in accordance with law aud the ordinances and 
orders of the city council of said city, purchase all things 
necessary for the use and equipment of the said depart- 
ments : provided, lioivever, that every expenditure therefor 
shall have been previously authorized, aud an appropria- 
tion made therefor by said city council. Said board shall 
67 



530 



1877.— Chapter 146. 



May appoint 
temporary and 
special police- 



Board of com- 
missioners of 
public works. 



investigate all complaints and charges against any member 
of said departments, appointed by said board, ai\d if tliey 
find any member thereof gnilty of a breach of the laws, 
or of the ordinances of the city, or of any of the rnles or 
regulations of the department, shall remove him from his 
place, assigning the reasons therefor, or shall inflict the 
penalty provided by ordinance, or by the rules or regula- 
tions of the said departments ; but no member shall be 
so removed, unless he shall first have had an opportunity 
to be heard in his defence before said board, and at least 
six days in which to prepare therefor. Said board may, 
whenever they deem it necessary or expedient, appoint 
such number of temporary policemen as occasion may 
require, fix their compensation and term of service, and 
remove them at pleasure ; and, upon the written api)lication 
of any responsible corporation or person, they may appoint 
suitable persons to be special policemen, to serve without 
pay from the city, under such regulations as said board 
may deem expedient, with the powder of police officers to 
preserve order and enforce the laws and the ordinances of 
the city, in and about any place, building or locality speci- 
fied in the application : provided, that such corporation or 
persons making such application shall give bond satis- 
factory to the said board, to be liable to and indemnify 
the city from any claims of any party or parties aggrieved 
by anj'^ official misconduct of such special police officer, to 
the same extent as for the torts of agents or servants in 
their employment, and that any appointment of such 
special police officer may be revoked by said board or by 
the mayor at any time. A record of all appointments and 
removals made by said l)oard shall be kept ])y the clerk 
thereof. No person shall hereafter be appointed to any 
position or office in said police department who is not a 
citizen of the United States, who has not been a resident 
of and paid taxes to said city for at least one year preced- 
ing his appointment, or who cannot read and write under- 
standingly the English language. 

Section 55. The mayor, the city surveyor, the super- 
intendent of streets and sewers, the superintendent of 
water works, the superintendent of buildings, each ex 
officio, and two citizens to be elected as hereinafter 
provided, shall constitute and be a board of connnis- 
sioners of public works of said city. The citizen mem- 
bers of said board shall be chosen as follows, to wit: 



1877.— Chapter 146. 531 

"Within two months after the organization of the first city 
council elected under the provisions of this act, the said 
city council in convention shall, by joint ballot, elect two 
citizens of said city, neither of whom shall be a member 
of either branch of said city council, to be members of 
said board, one for the term of one year, and one for the 
term of two years, beginning on the first Monday of 
April then next ; and thereafter annually within two 
months after its organization said city council shall in 
convention, by joint ballot elect one citizen of said city, 
not a member of either branch of said city council, to be 
a member of said board for the term of two years, begin- 
ning on the first Monday of April then next ; and the per- 
sons so elected shall hold their offices until others are duly 
elected and qualified in their stead. The mayor shall be Mayor to be 
chairman of said board. The said board shall organize on boai™'^"° 
the first Monday in April in each year, or as soon as prac- 
ticable thereafter. The city surveyor shall be clerk of 
said board, and shall keep a record of its doings and cer- 
tify the same when there is occasion therefor, and shall 
make all plans and surveys required for the use of said 
board. * In case of the absence or inability of said clerk 
to act, said board shall choose a clerk pro tempore. It Duties of board. 
shall be the duty of said board to hold hearings, investi- 
gate and report on all matters referred to them by the 
city council or mayor and aldermen, or board of aldermen, 
relating to the laying out, altering, widening, discontin- 
uing, change of grade, or repairing of the streets of said 
city ; also on all matters so referred to them, relating to 
the laying out, establishing, change of grade, construct- 
ing, paving, altering, repairing or repaving sidewalks 
therein ; and also, on all matters so referred to them 
relating to the laying out, maintenance, constructing, 
altering or repairing sewers and drains therein. The said To have care 

Rncl custoclv 01 

board shall have the care and custody of the public prop- pubuc property. 
ert}' of said city, except as is otherwise provided by law 
or ordinance : provided, that the existing ordinance of said 
city, as to the powers and duties of the committee on city 
property, shall be of no efiect after the organization of 
said board, so far as it confers any executive powers on 
said committee ; and said board shall provide for all the 
labor, and purchase all the materials necessary for repairs 
to be made or done upon such property, and shall super- 
intend all such labor or repairs : provided, that all expend- 



532 



1877.— Chapter 146. 



The word 
"street" de- 
fined. 



Sinking fund 
for payment of 
Springfield 
Water Bonds. 



itures made by said board shall have been previously 
authorized and an appropriation made therefor by the city 
council. Said board shall also perform such further duties 
relating to streets, bridges, sidewalks, sewers, drains or 
other public works, parks, squares and public places, 
including the estimate of damages and betterments, as the 
city council shall by ordinance or order, not repugnant to 
law, from time to time prescribe or direct. The word 
street in this act shall include highways, town ways, lanes 
and alleys. The said board shall also, on and after the 
first Monday of April next after the acceptance of this 
act, have and exercise all the rights, powers and author- 
ity vested in, and perform all the duties imposed upon, 
the board of water commissioners of said city, under 
chapter three hundred and forty-five of the acts of eigh- 
teen hundred and seventy-two ; 2^'>'0i'ided , that the board 
of water commissioners of said city, as now constituted, 
shall continue to have and exercise all the rights and pow- 
ers, and perform all the duties now vested in or imposed 
upon them by existing law, until said first Monday of 
April next after the acceptance of this act, when their 
rights and powers shall cease and vest in said board of 
commissioners of public works by this act established ; 
and pi'ovided, further, that said city council may at any 
time establish a sinking fund, in accordance with the 
statutes of the Commonwealth regulatini? or concerninoj 
sinking funds of cities and towns, and thereby provide for 
the payment of the principal of the bonds denominated 
"Springfield Water Bonds," in connection Avith other indebt- 
edness of said city, notwithstanding any provision of any 
previous act ; and that Avhenever said city council shall 
have esta1)lished such a sinking fund, the functions of said 
board of commissioners of pul)lic works as trustees of any 
sinking fund, if any, established under the provisions of 
any previous act, shall cease, and the same shall vest in 
and 1)0 devolved upon the board of finance herein pro- 
vided for and established. The said board may, subject 
to the ai)proval of the cit}-- council, ajipoint and employ 
, such agents, clerks, artisans or laborers, for the working 
and management of the business of the waterworks under 
their control, as thc}^ may deem necessary, and fix their 
coini)i'ns«tion, term of service and duties, and discharge 
them at their pleasure. 



1877.— Chapter 146. 533 

Section 56. The mayor, city treasurer, and city col- f^^l^°^ 
lector, all ex officio, and two citizens to be elected as 
hereinafter provided, shall constitute and be a board of 
finance of said city. The citizen members of said board 
shall be chosen as follows, to wit : — Within two months 
after the organization of the first city council elected under 
the provisions of this act, the said city council in con- 
vention shall, by joint ballot, elect two citizens of said 
city, neither of whom shall be a member of either branch 
of said city council, to be members of said board, one for 
the term of one year, and one for the term of two years, 
beginning on the first Monday of April then next ; and 
thereafter annually, within two months after its organ- 
ization, said city council shall in convention by joint 
ballot, elect one citizen of said city, not a member of either 
branch of said city council, to be a member of said board 
for the term of two years, beginning on the first Monday 
of April then next ; and the persons so elected shall 
hold their ofiices until others are duly elected and quali- 
fied in their stead. The mayor shall be chairman of Mayor to be 
said board. The said board shall organize on the first board. 
Monday in April in each year, or as soon as practica- 
ble thereafter. The city treasurer shall be clerk of said 
board and shall keep a record of its doings and certify 
the same when there is occasion therefor. In case of 
the absence or inability of said clerk to act, said board 
shall choose a clerk pro tempore. The said board shall 
have charge and be trustees of any sinking fund which 
may be created or established by said city council. The 
said board, whenever any claim for damages either to 
persons or property shall be made against the city, shall 
forthwith examine into all the facts connected with the 
said claim and take such measures in reference thereto as 
they may deem best for the interests of the city. They Tomakeesu. 
shall annually in the month of February, March or April, "te rai"ed"by 
lay before the city council an estimate of the amount of ^^^' 
money necessary to be raised by taxation for the ensuing 
year, including payments on the city debt, giving in detail 
the amount of appropriation required for each department 
and office of the city government, with an estimate of the 
income of the city from all sources ; and shall, from time 
to time, furnish such other estimates and statements as 
may be requested by the city council or either branch there- 
of. The said board shall twice, within each financial year, 



534 1877.— Chapter 146. 

Jc^counte'ct^ in the month of ^Li}' and November, examine the accounts 
treasurer and of thc citv troasurcr aiitl the city collector, and the accounts, 

collector, etc., , , ^ i r- i i -i-i. 

and report to liooivs aud rccords oi any board or committee or person 
citycounci. havlug the right of receiving or expending money of the 
city, together with the money, securities and property of 
every kind in their possession belonging to the said city, 
and report the result of said examination to the city 
council : provided^ hoivever, that the examination of the 
accounts of the city treasurer and collector herein provided 
for shall be made by the other members of the board. 
The said board shall invest, re-invest or change investment 
of any funds of said city, in accordance with the orders of 
said city council ; and shall examine and report upon any 
matter committed to them l)y said city council. 
Boards of com. SECTION 57. The board of tire and police commission- 

missioiiers, etc., , t/» c ^ i/'iiii 

to perform such ers, the board ot overseers ot the poor and ot health, the 

other acts as the , i^ •• /?ii' i ij.ii ir 

city couucii may board ot commissioucrs or public works aud the board or 
direct. finance, established under the provisions of this act, shall 

in addition to those specified herein, respectively have and 
exercise such other powers, and perform such other acts 
not in contravention of law, as said city council shall from 
time to time confer or impose upon them. Until said 
board shall rcs])ectively have been duly organized accord- 
ing to the provisions of this act, the powers hereby vested 
in and imposed upon them respectively, shall continue to 
be, as far as the same now are, vested in and performed 
by the respective officers and boards now by statute or 
ordinance invested or charged with the same : provided^ 
that no appointments, whetlnn" to fill vacancies or other- 
wise, to places over which either of said boards is to have, 
upon organization, power of appointment, shall be made for 
a term to extend beyond the time herein fixed for the 
organization of the board which is to have such power of 
Meinhorsto appointment. Members of said board shall receive no 
compensation, compeusatioii for their services as such, but shall be re- 
imbursed for all expenses or outlays necessarily incurred 
in the discharge of their duties as such members from the 
city treasury, upon the order of the mayor, ))ut this pro- 
vision shall not be held to apply to the salaiMcs of the ex 
officio members of such boards. All members of said 
boai-ds, except members ex officio, and all clerks, whether 
permanent ov jiro temjwre, shall before entering upon their 
duties be duly sworn by the cliainnan of the respective 
boards of which they were elected such members or clerks, 



1877.— Chapter 146. 535 

or by any justice of the peace or other oflScer authorized 
to administer oaths in Hampden County, and a certificate 
thereof shall be entered upon the records of such boards. 
Any of said boards may carry out its purposes by or 
through a committee of its own body selected as it may 
determine. The records and papers of each of said Records to 

Tin n • 1 • 1 1 j^ ii be open to 

boards shall, at all times when required, be open to the inspection of 
inspection of the city council, or either branch thereof, or '"y'=°""'"- 
any committee or person directed by said city council, or 
either branch thereof, to examine the same. Vacancies 
occurring in any of said boards shall be filled in the manner 
in this act provided for the election or appointment of the 
member thereof whose place is vacated. In the absence 
of the permanent chairman or clerk of any of said boards, 
a chairman or clerk jwo tempore shall be chosen by such 
board. The city council may at any time for cause, 
remove any member of any of said boards, whose place it 
has power to fill. 

Section 58. The police court heretofore established in Poiice court to 

' -i ', in !• iiTii 11 1 continue as now 

said city shall continue as now established, and have and established. 
exercise all the jurisdiction and powers which said court 
now has and exercises ; and no statute of the Common- 
wealth having relation to said court shall be repealed or in 
any manner affected by this act; and all fines, forfeitures 
and penalties accruing for the breach of any by-law or 
ordinance of the city council of said city may be prose- 
cuted for and recovered before said police court, in the 
same manner as like fines, forfeitures and penalties are 
now prosecuted for and recovered before said court : ])rO' Proviso. 
vided, that all such fines, forfeit^ures and penalties so 
recovered and paid shall be paid to the collector of the 
city of Springfield, on and after the first Monday of April 
next after the acceptance of this act. 

Section 59. All acts and parts of acts inconsistent Repeal of in. 

.,1 ,1 . , 1 ^ IT "777 ii J. consistent acts. 

With this act are hereby repealed : provided, however, that 
such repeal shall not revive any law heretofore repealed or 
superseded, nor any office heretofore abolished ; it shall 
not affect any act done, or any right accruing, accrued or 
estal)Iished, or any proceedings, doings or acts, ratified or 
confirmed, or any suit or proceeding had or commenced 
before the repeal takes eflfect, 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, 



536 



1877.— Chapter 146. 



Penalties in- 
curred not to 
be aflfected. 



ProTiso. 



Subject to 
acceptance 
by voters. 



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 an off'ence committed, 
or for the recovery of a penalty or forfeiture incurred 
under any of the acts repealed, except that the proceed- 
ing therein shall when necessary conform to the provi- 
sions 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 remcd}^ or any other purpose, has begun 
to run, and the same or similar limitation is prescribed in 
this act, the time of limitation shall continue to run, and 
shall have like effect as if the whole period had begun 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 as to which a differ- 
ent provision has been lawfully made. The provisions of 
this act, so far as they are the same as those of the exist- 
ing charter, shall be construed as a continuation thereof 
and not as new enactments, and references in laws not 
repealed to provisions of laws incorporated into this act 
shall be construed as applying to the same provisions so 
incorporated : and provided, also, that all acts and parts 
of acts relating to or which have been accepted by the 
said city, and all the ordinances and by-laws of the said 
city, which shall be in force at the time when the said 
repeal shall take effect, not inconsistent herewith, shall 
contiiuie in force until the same are duly repealed ; and 
all persons holding office under such ordinances and by- 
laws shall continue to hold such offices according to the 
tenure thereof. The legislature may at any time alter, 
amend or repeal this act. 

Section 60. This act shall be void unless accepted by 
the qualified voters of said cit}'^ of Springlield, present and 
voting by ballot, "yes" and "no" at meetings warned 
for the purpose in the several wards by the mayor and 
board of aldermen, to be held on or before the tirst da}' of 
July next ; and it shall be the duty of the mayor and 
aldermen of said city, 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 



1877.— Chapter 147. 537 

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 Tvith the word " yes " and the word 
" no " ; and at such meetings the same proceedings shall 
be had respecting the receiving, sorting, counting, declar- 
ing, recording and making returns of votes as is provided 
by law for elections in cities ; and the mayor and alder- 
men, within two days after such meetings, shall examine 
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 mayor 
and aldermen may if they see tit warn other meetings in 
the several wards for the same purpose, to be held on some 
day not sooner than sixty days after those previously held, 
and again meetings for a third time ; and whenever it shall 
appear that a majority of the qualified voters present and 
voting in the several wards at meetings thus duly warned, 
have voted to accept this act, the mayor shall immediately 
make proclamation of the fact and the city clerk shall 
transmit notice thereof to the secretary of the Common- 
wealth, and thereupon this act shall take effect as follows, 
to wit: — For the purpose of the division of said city into when to take 
nine wards as hereinbefore provided, and for the election ®^''°'" 
at the annual meeting of municipal officers, upon such 
proclamation by the mayor ; and for all other purposes, it 
shall take effect on the first Monday of January next fol- 
lowing such proclamation. Approved April 20, 1877. 

An Act to abolish the office of overseer op the house of n/i^j) I47 

CORRECTION, ^' 

Be it enacted, &c., as folloivs : 

Section 1. The county commissioners of the several county cornmis- 
counties, except Suffolk, shall have and exercise all the duties of over. 
authority and perform all the duties heretofore exercised oFcor^ectron!^^ 
and required by law of overseers of the houses of cor- 
rection. 

Section 2. Section nine of the one hundred and S^^^'^^lg^^g 
seventy-eighth chapter of the General Statutes is hereby 
repealed. 

Section 3. This act shall take effect upon the first day 
of July next. Apj^roved April 20, 1877. 

68 



538 1877.— Chapters 148, 149, 150. 

CJiap. 148 An Act to fix thk salary of the clerk of the police court 

OF NEWBURYPORT. 

Be it enacted, &c., as follows : 
Hsiifc^Z *^*^^^' The annual salary of the clerk of the police court of 

Newbury port shall be eight hundred dollars, from and 
after the first day of January last. 

Approved April 20, 1877. 

Chaj). 149 An Act to amend section two of chapter one hundred and 

TWENTY-SEVEN OF THE ACTS OF THE YEAR EIGHTEEN HUNDRED 
AND SIXTY-ONE, FOR THE PROTECTION OF AGUICCLTURAL SOCIE- 
TIES AND FARMERS' CLUBS. 

Be it enacted, &c., as folloivs : 
imT'^?,^yi!° Section 1. Section two of chapter one hundred and 
twenty-seven of the acts of the year eighteen hundred 
and sixty-one is hereby amended by adding after the w^ords 
"stated time," the words "or engage in pool selling at or 
within half a mile of the place of holding said shows or 
meetino;s." 

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

Approved April 20, 1877. 

Chap. 150 An Act in relation to certain reports and statutes, and 

STANDARD WEIGHTS, MEASURES AND BALANCES FURNISHED TO, 
TOWNS. 

Be it enacted, &c., as follows: 

toughed with Section 1. Every town hereafter incorporated shall be 

and°dlfcument8 f^mished by the secretary of the Commonwealth with a 

full set of the reports of the decisions of the supreme 

judicial court, one copy of the General Statutes, and 

copies of all such books and documents then in his office 

as have heretofore been furnished by the Commonwealth 

Proviso. to towns : provided, that the clerk of such town shall first 

file with the secretary of the Commonwealth a certificate 

in writing, to the effect that the town has i)rovided at its 

own expense a suital)le book-case for the preservation of 

the books to be received from the Connnonwealth. 

sifi^iiedaVew? Section 2. Ally towu which has already received or 

in case of loss, which uRiy hereafter receive the standard weights, measures 

and balances, under section four of chapter fifty-one of the 

General Statutes, the reports of the decisions of the supreme 

judicial court, and the copy of the General Statutes, shall 

not be again supplied at the expense of the Commonwealth, 

in case the same shall be lost or destroyed ; but towns may 

effect insurance on the same for their own benefit. 

Repeal. Section 3. All acts and parts of acts inconsistent 

herewith are hereby repealed^ Approved April 20, 1877. 



1877.— Chapter 151. 539 

An Act delating to the sealing of weights and measures. Chai). 151 
Be it enacted, &c., as follows : 

Section 1. Instead of appointing more tlian one sealer a scaler of 
of Aveights and measnres, the mayor and aldermen of any mealmls and 
city and the selectmen of any town, where it may be nee- be^polutel 
essary for the proper discharge of the duties of such office, 
shall appoint annually one or more deputy-sealers, who 
shall act under the direction of the sealer; and the mayor May be removed 
and aldermen of cities, and selectmen of towns are author- ^'p'^^^"''®- 
ized to remove the sealer or deput^^-sealers of weights and 
measnres in such city or town whenever they may deem it 
expedient. 

Section 2. Chapter 6ne hundred and twenty-three of ^mendments to 
the acts of the year eighteen hundred and seventy-six is. 
hereby amended by stril^ing out the words " within sixty 
days after said notice " in the first section thereof, and by 
striking out in the second section thereof the words "after 
the expiration of the said sixty days," and inserting in 
place thereof the words, "at any time after said notice." 

Section 3. In case any sealer of weights and measures weights and 
cannot seal any scales, weights and measures with the wiuAed^wfth 
stamp as now provided by law, he may mark them with a uil\Tiey tave^ 
stencil or other suitable means so as to show they have teen inspected. 
been inspected ; but he shall in no case seal or mark as 
correct any weights, scales or measures which do not con- 
form to the standards ; if such scales, weights or measures 
can be readily adjusted by such means as he has at hand, 
he may adjust and seal them ; but if they cannot be readily 
adjusted he shall affix to such scales, weights or measures 
a notice forbidding their use until he is satisfied that they 
have been so adjusted as to conform to the standards ; and 
whoever removes said notice without the consent of the 
officer affixing said notice shall for each offence forfeit a 
sum not exceeding fifty dollars, one half to the use of the 
city or town and one half to the use of the complainant. 

Section 4. Whenever visiting the place of business of seaierstobe 

/.., pji' 1 .1. fu-rnlshed with 

any person tor the purpose or testing any scales, weights duplicate sets 
and measures, the sealer or his deputy is hereby authorized mels^f es.^ ^""^ 
to" use for that purpose such scales, weights or meas- 
ures as he can conveniently carry with him ; and each city 
and town shall furnish for the purposes of this act, the 
sealer of weights and measures with one or more duplicate 
sets of scales, weights and measures, which shall at all 
times be kept to conform to the standards furnished by 



540 



1877.— Chapter 152. 



Sealer may 
seize weights 
and meatiures 
•without a war- 
raut. 



Laws requiring 
the sealing of 
millv-cans re- 
pealed. 



Chap. 152 



May extend 
Foster Street 
across burial- 
ground. 



Decree of mayor 
and aldermen 
to be final. 



the Commonwealth ; and all such scales, weights and 
measures so sealed shall be deemed legally sealed, the 
same as if tested and sealed with the standard scales, 
weights and measures. 

Section 5. Any sealer or deputy-sealer of weights and 
measures is authorized to seize without a warrant such scales, 
weights or measures as may be necessary to l)e used as evi- 
dence in cases of violation of this or any act relating to the 
sealing of weights and measures ; such scales, weights or 
measures to be returned to the owners or be forfeited as 
the court may direct. 

Section 6. All provisions of law requiring the sealing 
of milk-cans, and acts and parts of acts inconsistent here- 
with are hereby repealed : provided, however, this repeal 
shall not affect any suit or legal proceedings now pending, 
or any liabilities or penalties already incurred. 

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

Approved Api'il 20, 1877. 

An Act to amend an act entitled " an act to provide for a 
union passenger station, and for the removal of railroad 
tracks from certain i'ublic ways and grounds in the city 
of worcester." 

Be it enacted, (fee, as follows : 

Section 1. The mayor and aldermen of the city of 
Worcester may and shall forthwith extend Foster Street in 
said city, with a width of not less than sixty feet from its 
eastern terminus at the west end of the Foster Street 
station, as nearly as may be over the discontinued railroad 
location lying east of said station, to the Mechanic Street 
burial-ground ; thence across said burial-ground and across 
Bridge Street to the intersection of the railroad viaduct 
with Mechanic Street; thence under said viaduct by a 
bridge, with a span of not less than sixty feet in the clear, 
measured at right angles with said extension, partly on 
Mechanic Street, to Summer Street ; the whole to be laid 
out and constructed substantially in accordance with a 
plan of the proposed extension of Foster Street, filed in 
the office of the secretary of the Connnonwealth on the 
twenty-ninth day of March in the year one thousaml eight 
hundred and seventy-seven. The decree of said mayor 
and aldermen laviniz; out said extension and establishinjj 
the grade thereof shall be final without further proceedings, 
and said extension shall be constructed at the ex[)ense of 
said city. Said city shall maintain a suitable track, 



1877.— Chapter 152. 541 

either upon said extension or partly upon said exten- 
sion and partly upon the discontinued railroad location 
between the west line of said burial-ground and said 
viaduct, to be connected with the tracks of one or more 
of the railroads in said city, for the accommodation of 
the business establishments on the line of said extension 
which were accommodated by the tracks of the Boston 
and Albany Railroad at the time of the passage of said 
act, unless said mayor and aldermen shall within three 
months after the date of their decree laying out said exten- 
sion, vote not to construct said tracks ; and if said mayor 
and aldermen shall so vote, then said city shall not be 
required to maintain said track, but shall pay to the owners 
of said establishments such sums as compensation for not 
furnishing said track, as the parties shall agree, or in case 
of disagreement, as the county commissioners of the 
county of Worcester, after hearing the parties, shall deter- 
mine. Said track, if constructed, shall be operated by 
horse-power, or such other motive power as said mayor 
and aldermen shall from time to time permit. Said bridge Bridge over 
over said street shall be built by the railroad companies by railroad com! 
ownino; said viaduct, in such manner and form as the board panses owning 
of railroad commissioners, after hearing the parties, shall 
direct; and said railroad companies may take, under the 
general laws, additional land necessary for the abutments 
of said bridge. And the expense of building said bridge Expense of 
and abutments, and of the land so taken, after deducting pald^by^dty^^ 
the value of the present bridge and materials, shall be paid 
by said city ; and the expense of maintaining said bridge 
shall be borne by said city and said railroad companies 
in such proportion as the parties shall agree, or in case of 
disagreement, as the county commissioners for the county 
of Worcester, after hearing the parties shall determine ; 
and such apportionment may be revised by said county 
commissioners at intervals of not less than three years, 
ujDon the application of either of said parties. All dam- Assessment 
ages occasioned to any person or corporation by the laying °^ ^amageB. 
out of said extension, shall be assessed by said mayor and 
aldermen in the first instance, and shall be subject to revi- 
sion by a jury in the manner provided by law in the laying 
out of town ways, and shall be paid by said city; and 
estates receiving benefit and advantage from the laying 
out of said extension, shall be liable to assessment therefor, 
as provided in the general laws relating to betterments. 



542 1877.— Chaptek 153. 

« 

imziz §22 Section 2. So much of section twenty-two of chapter 
three hundred and forty-three of the acts of the year one 
thousand eight hundred and seventy-one as rehites to Fos- 
ter Street is hereby repealed. 

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

Approved April 24, 1877. 

Chap. 153 An Act to incorpokate the fidelity assurance company of 

MASSACHUSETTS. 

Be it enacted, &c., as follows : 
Corporators. SECTION 1. Ezra Famswoith, Francis A. Osborn, 

Samuel B. Rindge, J. Gardner White, Frank Goodwin, 
Charles J. Whitmore, William S. Eaton, James P. Mel-' 
ledge, William I. Parker and Samuel Batchelder, Jr., 
their associates and successors, are made a corporation by 
the name of the Fidelity Assurance Company of Massachu- 
setts, for the purposes hereinafter set forth ; to have its 
place of business in the city of Boston, and to be subject 
to the provisions of all general laws which now are or 
hereafter may be in force in relation to like corporations. 
Capital stock. SECTION 2. The Capital stock of said company shall 

be five hundred thousand dollars, and may be increased 
to one million dollars by a vote of the stockholders ; and 
shall be invested in the same kinds of securities in which 
savings banks are required to invest. 
To act as surety SECTION 3. The Said Company is hereby authorized 
bonds, .and upon aud cmpowcred to act, within the limits of this Common- 
niiy.ctc^. '""""' wealth and under the jurisdiction of the courts thereof, as 
surety upon the official bond of any person to the United 
States; to any county, city or town; to any judge of 
probate, or other court or magistrate ; to any corporation 
or association, public or private ; and upon a bond to any 
person or persons conditioned upon the performance of 
any trust. Also upon bonds to indemnify against loss any 
person or persons who are responsible as surety or sure- 
ties, upon a written instrument or otherwise, for the faith- 
ful performance by others, of any trust, otfice or duty ; 
and in any case where, by law or otherwise, two sureties 
are required upon any obligation which this company is 
hereby authorized to assure, this company may act as sole 
surety, if so accepted and a[)proved by the court or magis- 
trate named as the obligee in the bond. 
^eTpmrHn?iiity SECTION 4. The aiuouut of the responsibility incurred 

lobtintuimi jjy g^ij compauy in behalf of any one person, partnership 

by compauy. •' i ./ j r ' r i 



1877.— Chapter 153. 543 

or company, shall not exceed the amount of ten per centum 
upon its paid in capital ; and in the case of bonds of trus- 
tees and guardians tiled in any probate court of this Com- 
monwealth, shall not exceed on any one bond five per 
centum of the net assets of the company ; nor in the case 
of bonds by executors or administrators shall it exceed the 
sum of fifteen thousand dollars upon any one bond. 

Section 5. After deducting; from the earnini^s of the Reserved fund 

/ i/'ji • • -t •! for payment of 

company (no part of the premumis received on risks losses. 
not terminated being considered earnings) , and from the 
income of its invested funds, such an amount as shall have 
been required for the costs of management, and for such 
dividends, not exceeding six per centum per annum on the 
capital stock as the directors may determine upon, the ' 
residue shall be annually set apart for the purpose of con- 
stituting a reserved fund for the payment of losses, until 
the said reserved fund shall equal the amount of the cap- 
ital stock paid in ; and in case the reserved fund shall ever 
be impaired, it shall be made up to the full amount in the 
manner originally provided ; and the said capital stock 
shall in no case be impaired or diminished until said 
reserved fund shall have been exhausted : provided, that Proviso. 
whenever the said reserved fund shall equal the amount of 
the capital stock paid in, the earnings of the company, 
over and above the aforesaid dividends of six per ceutum 
per annum and the contributions required to keep the said 
reserved fund entire, may thereafter be divided among the 
stockholders in the same manner as is provided' for joint- 
stock insurance companies ; and ^;?'Oz;icZecZ, also, that in 
closing up the affairs of the said company the amount then 
standing to the credit of the said reserved fund shall be 
divided among the stockholders, in proportion to their 
respective shares. 

Section 6. The said company shall make all such Returns to 

. -I'lii c l^ ^•^ be made as 

returns as are now or may be required by law of other like rtniuired of 
corporations, and shall be subject to all the provisions of poiluous.""'^' 
law regarding insurance companies having a specitic cap- 
ital, so ftir as applicable to this company; and in case 
doubts should arise as to what are "like corporations," or 
what are "the provisions of hiAV applicable to this com- 
pany," within the meaning of this act, it is hereby enacted 
and declared that the decision of the commissioner of cor- 
porations, the savings bank commissioners and the insurance 
commissioner,- or of the major part of them, shall deter- 



544 



1877.— Chapter 153. 



Statement of 
assets and lia- 
bilities to be 
published. 



Books to be open 
to inspection of 
insurance and 
tax commis- 
sioners. 



Shares for sale 
may be pur- 
chased by the 
company. 



Proviso. 



mine such doubts ; and the said company shall pay such 
taxes as may be prescribed by the tax commissioner, who 
shall be governed by the standard of the highest taxes 
imposed upon any corporations having analogous powers 
or purposes. 

Section 7. The said company shall pu])lish within ten 
days after the first day of January, April, July and Octo- 
ber in each year, in two or more newspapers published in 
the city of Boston, a statement of its assets and liabilities 
sworn to by one of its officers. 

Section 8. The books and investments of said com- 
pany shall be open to the inspection of the insurance 
commissioner, and of the tax commissioner of the Com- 
monwealth ; also to the inspection of the stockholders, 
subject to such limitations as may be prescribed by the 
by-laws of the company. Every stockholder shall be 
furnished with a copy of the charter and by-laws of the 
company. 

Section 9. Any member of this company who shall be 
desirous of selling any of his shares, the executor or 
administrator of any member deceased, and the grantee or 
assignee of any shares sold on execution, shall cause such 
their shares respectively to be appraised by the directors, 
which it shall be their duty to do on request, and shall 
thereupon ofler the same to them for the use of the com- 
pany, at such appraised value; and if said directors shall 
choose to take such shares for the use of the company, 
such member, executor, administrator or assignee shall, 
upon the payment or tender to him of such appraised value 
thereof, and the dividends due thereon, transfer and assign 
such share or shares to said com[)aiiy : provided, however, 
the said directors shj\ll not be obliged to take such shares 
at the appraised value aforesaid, unless they shall think it 
for the interest of the company ; and if they shall not, 
within twenty days after such shares are ollered to them 
in writing, take the same and pay such member, exec- 
utor, administrator or assignee therefor, the price at 
which the same shall have been appraised, such member, 
executor, administrator or assignee shall be at liberty to 
sell and dispose of the same shares to any person whom- 
soever. 

Section 10. This act shall take effect upon its passage. 

Approved April 20, 1877. 



1877.— Chapters 154, 155, 156. 545 

An Act autiiokizing the treasurer of Worcester county to (JJian. 154 

PAY BENJAMIN D. DWINNELL FOR SERVICES AND LOSSES CONNECTED ^ ' 

WITH THE BURNING OF FITCHBURG JAIL. 

Be it enacted, &c., as follows : 

Sectiox 1. The treasurer of Worcester County is here- Allowance to 
by authorized, with the approval of the county commis- Dwm^n.^' 
sioners of said county, to pay to Benjamin D. Dwinuell 
the sum of five hundred dollars for services and losses 
connected with the burning of Fitchburg jail : provided, 
that said sum shall be paid out of the amount collected as 
the county tax of Worcester County granted this year. 

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

Approved Aj^ril 26, 1877. 

An Act legalizing the laying out and alteration of certain Q/ian 155 

WAYS IN THE TOWN OF CLINTON. -^' 

Be it enacted, &c., as follows : 

Section 1. The laying out or alteration of all town Layinfout.ind 
ways in the town of Clinton for the use of said town, here- Town^'ways"^ 
tofore made by the selectmen or road commissioners and legalized. 
accepted by the inhabitants of said town, is hereby con- 
firmed and made legal to the same extent as though the 
written notice mentioned in section sixty-one of chapter 
forty-three of the General Statutes had been given to the • 
owners of land taken therefor. 

Section 2. All persons aggrieved by the laying out or Assessment 
alteration of the town ways mentioned in the preceding °^ 'i^'^^ses. 
section may make application for a jury or committee, for 
the assessment of their damages, at any time within one 
year from the passage of this act instead of the time fixed 
by section seventy-three of said chapter forty-three, which 
last named section, except as herein provided, shall be 
applicable to all cases arising under this act. 

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

Approved Apiril 26, 1877. 
An Act authorizing the treasurer of Worcester county to pr^ 1 cp 

PAY WILLIAM O. BROWN FOR SERVICES CONNECTED WITH THE ^'^"P" ^'^^ 
BURNING OF FITCHBURG JAIL. 

Be it enacted, &c., as follows : 

Section 1. The treasurer of Worcester County is here- Allowance to 
by authorized, with the approval of the county commis- bTowu?^' 
sioners of said county, to pay to William O. Brown the 
sum of five hundred dollars for services connected with 

69 



54:6 1877.— Chapters 157, 158. 

the burning of Fitchburg jail : jjrovided, that said sum 
shall be paid out of the amount collected as the county tax 
of Worcester County granted this year. 

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

Approved Ajyril 26, 1877. 
Ohap. 157 An Act to amend the charter of the Massachusetts family 

BANK. 

Be il enacted, &c., as folloivs : 

andshlxresf'' Section 1. The Capital stock of the Massachusetts 

Family Bank incorporated by chapter one hundred and 
forty-two of the acts of the year eighteen hundred and 
seventy-six, shall be five hundred 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 two hundred thousand dollars of stock have 
been subscribed, paid in in cash and invested, and such 
* fact is certified by the insurance commissioner. 

izil^g Jxten'deT SECTION 2. The tiuic for organizing said bank as a 
corporation and commencing business is hereby extended 
one year from the passage of this act. 

Repeal. SECTION 3. Sections two and three of the act incor- 

porating said bank are hereby repealed. 
* Section 4. This act shall take effect upon its passage. 

AjJjyroved April 26, 1877. 

Chap. 158 An Act relating to partitions and sales of real estate, by 

order of the probate courts. 

Beit enacted, &c., as follows : 

uiiebymdcr^' Section 1. Thc pi'ovisions of chaptcr ouc huudrcd and 
of probate thirtv-seveu of the acts of the year eiijhtecn hundred and 

courts. /• 1 1 ./ o 

1864, 137. sixty-four shall apply to all sales heretofore or hereafter 

1871,111. made under chapter one hundred and eleven of the acts of 

the year eighteen hundred and seventy-one, whether said 
sales be of the estates of persons deceased settled, or in 
course of settlement, in the probate courts, or of tenants 
in common or otherwise, not claiming as heirs or devisees ; 
and in all cases of stile under said act of the year eighteen 
hundred and seventy-one, or by executors, administrators, 
guardians and trustees, notifications of the sale shall be 
sufficient, unless otherwise ordered by the court, if posted 
in the city or town where the lands lie and in two adjoin- 
ing cities and towns, if there are so many in the county. 



1877.— Chapters 159, 160. 547 

Section 2. When any party interested in land of Paitition of 
which partition is prayed for, is absent from the state, the appoint agem to 
probate court may, after public notice of the petition, j'-^pjc^cut absent 
appoint an agent for such absent party, with the same 
authority now given to agents for al)sent heirs or devisees 
by section fifty-two of chapter one hundred and thirty-six 
of the General Statutes. 

Section 3. Section sixty-three of chapter one hundred S^^^^gg^^gs 
and thirty-six of the General Statutes is hereby repealed. 

Approved April 26, 1877. 

An Act to amend section twenty-three of chapter two hun- QJi^r)^ 159 

DRED AND THREE OF THE ACTS OF THE YEAR EIGHTEEN HUN- ^ "^ 
DRED AND SEVENTY-SIX, IN RELATION TO THE REPORT OF DEPOSITS 
IN SAVINGS BANKS AND INSTITUTIONS FOR SAVINGS. 

Be it enacted, &c., as folloivs : 

Section 1. Section twenty-three of chapter two hun- Deposits in 
dred and three of the acts of the year eighteen hundred ^'-^^iugs banks. 
and seventy-six is hereby amended by striking out the 
word "not" in the thirty-sixth line of said section, so that 
the clause in which said word occurs shall read as follows, 
" The number of deposits received, of and exceeding three 
hundred dollars at one time ; ". 

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

Approved April 26, 1877. 

An Act in relation to the assessment and abatement of taxes. QJiq^j i gn 

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

Section 1. The assessors of any citv or town, in giv- Assessment and 
ing the notice mentioned in section twenty-two of chapter taxe™" 
eleven of the General Statutes, may or may not require 
the inhabitants thereof to include real estate in their lists 
of property subject to taxation. Unless such requirement 
is made in said notice, the omission of real estate from 
the list brought in to the assessors shall not deprive the 
owner of such real estate of his right to an abatement of 
the tax thereon : i^rovided, he shall file, with his applica- 
tion to the assessors for abatement, a list of the real estate 
on which the same is claimed, with his estimate of the fair 
cash value of each parcel thereof, and shall make oath that 
said list and estimate are true according to his best knowl- 
edge and belief. 

Section 2. Section forty-three of said chapter eleven Amendment to 
of the General Statutes is hereby amended by inserting ^" ®' ^^' ^ ''^- 



518 1877.— CiiAPTEKS 161, 162. 

therein after the word "proportion" the -svords, "or upon 
an assessment of any of his property above its fair cash 
value." Approved April 26, 1877. 

Cha^). 161 An Act to ajiend section fifteen of chapter two hundked 

AND FOUR OF THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND 
SEVENTY-SIX RELATING TO SALES OF PUBLIC PROPERTY. 

Be it enacted, &c., as folloivs : 

fale'^of military Section 1. Scction iiftccn of chapter two hundred and 

property may fQ^^ji- of the acts of the vcar eighteen hundred and seventy- 
be espended ..,, „ ii ii 

for purciiase of SIX IS hereby so far amended as to permit the sums derived 
property/ "* ^ froin the salc of public property inspected and condemned 
under the provisions of said section, and from the sale of 
grass from the state camp-ground, to be expended under 
direction of the governor and council for the purchase of 
other military property or for the grading and drainage of 
the state camp-ground and the construction of rifle-pits 
thereat. 

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

Approved April 26, 1877. 
Ohajp. 162 An Act to amend an act relative to establishing " siiade-tree 

AND CEMETERY FUNDS " IN SAVINGS BANKS. 

, Be it enacted, &c., as folloivs: 

aifd'cemete^y Sectiox 1. The judgc of probatc, after hearing prop- 
Fuiids." ei-iy notified, and when in his judgment it is expedient so 

to do, may authorize any executor, administrator or trustee, 
holding money or other personal property for an}'' of the 
purposes mentioned in chapter one hundred and seventy- 
four of the acts of the year eighteen hundred and seventy- 
five, to deposit said moneys or the avails arising from said 
personal property, in any savings bank designated by him, 
to be held by it in the manner and for the uses and pur- 
poses mentioned in said chapter, and upon the trusts upon 
which said executor, administrator or trustee held it ; and 
upon the deposit of said money and its receipt and accept- 
ance by said bank, the said executor, administrator or 
trustee shall be discharged from further care and respon- 
sibility therefor. 

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

Approved April 26, 1877. 



1875, 174. 



1877.— Chaptees 163, 164, 165. 549 

An Act relating to the proof of signatures. Chap. 163 

Be it enacted, &c., as follows : 

Any signature to a written instrument declared on or Proof of signa- 
set forth as a cause of action or ground of defence or set- atlaw? 
off, in an action at law, shall be taken as admitted, unless 
the party sought to be charged thereby shall tile in court, 
within the time allowed for answer, a special denial of the 
genuineness of such signature and a demand that the party 
relying thereon shall prove the same at the trial. 

Approved April 26, 1877. 

An Act authorizing appeals from decisions of the tax com- QJiar), 164 

MISSIONER IN relation TO THE TAXATION OF INSURANCE COM- •^' 

PANIES. 

Be it enacted, &c., as folloivs : 

Sectiox 1. Any party aggrieved by the decision of the Appeals ai. 
tax commissioner upon any matter arising under the pro- {hrdeis'i^s 
visions of chapter one hundred and forty-one of the acts missfoner.^'"^" 
of the year eighteen hundred and seventy-three and the 
acts in amendment thereof, may apply to the board of 
appeal constituted under the provisions of chapter two 
hundred and eighty-three of the acts of the year eighteen 
hundred and sixty-five, for a correction of the same, within 
ten days after notice of any such decision. Upon such 
appeal said board shall as soon as may be give a hearing 
to such part}^ and shall decide the matter in question, and 
this decision shall be final. 

Section 2. The decision of the board of appeal, upon Decision of the 
any matter brought before it under the provisions of this tobeconciuaiw. 
act or any other providing for appeals from the decision of 
the tax commissioner, shall be conclusive as to the rights 
of the parties affected, although payments have been made 
as required by the commissioner's decision; and any over 
payment of tax determined by such decision shall be reim- 
bursed from the treasury of the Commonwealth. 

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

Aj)proved April 26, 1877. 

An Act to set off the town of winthrop from the judicial (yjjnr) lfi5 

DISTRICT UNDER THE JURISDICTION OF THE MUNICIPAL COURT OF -^' 

EAST BOSTON. 

Be it enacted, &c., asfoUoios : 

So much of section fourteen of chapter two hundred and J°'^^ ^\^}?- 

n 1 . , IT -, tni'op set oil 

seventy-one of the acts of the year eighteen hundred and from the judicial 
seventy-four a*s unites the town of Winthrop to the judicial court of East 
district under the jurisdiction of the municipal court of the ^°^'°"- 



550 1877.— Chapters 166, 167. 

East Boston district, is hereby repealed : provided, Jioiv- 
ever, that this act shall not apply to any case pending at 
the time of its taking eiFect. Aiyproved April 26, 1877. 

Char). 166 An Act to authorize the county commissioneks of Bristol 

COUNTY to lay OUT HIGHWAYS AND IJUILD 15KIDGES ACROSS 
lee's river and cole's river in THE TOWNS OF SOMERSET AND 
SAVANZEY. 

Be it enacted, &c., as follows: 
May build Section 1. The county commissioners of Bristol 

bridges over .„ . , . . . , ,. . , 

Lee's and Cole's County may, 11 in their opinion public convenience and 
necessity require, lay out a highway and construct a 
bridge over Lee's River between the towns of Somerset 
and Swanzey in said county and also over Cole's River in 
said Swanzey, or either of them, above the railroad l)ridges 
Subject to HOW existing over said rivers; the plans and locations of 

tbeTaVbor Said bridges and each of them shall be subject to the 
commissioners, approval and dircctiou of the board of harbor commis- 
sioners who shall also determine whether either or both 
of said bridges shall be built without a draw or draws : 
provided, said bridge or bridges can be built without assess- 
ing any part of the cost upon the county or towns. 

Section 2. This act shall take efie.ct upon its passage. 

Approved April 27, 1877. 

Chap. 167 An Act relating to the restraining and muzzling of dogs. 

Be it enacted, &c., as folloivs : 
Selectmen, etc., SECTION 1. The luavor aud aldermen of auy citv OF the 

may order dogs J J J . 

tobcMiuizzicdor selectmen of any town may order that any dog or dogs 

restr;uiic(l from . . , . '' ^ , . ^ 

nmniiigaiuuge. witliiu the liuiits of such city or town respectively, shall 
be muzzled or restrained from runniuij at large during 

o o o 

such time as shall be prescribed by such order. After 
passing such order and the pubHcation of the same by 
posting a certified copy thereof in two or more pul)lic 
places in such city or town, or in case a daily ncw.<paper 
shall be published in such city or town, by pul)lication 
thereof once in such newspaper, said mayor and aldermen 
or selectmen may issue their warrant to one or more of the 
police officers or constables of such city or town, who 
shall, after twenty-four hours from the puhlication of such 
notice, kill any or all dogs found unmuzzled or running at 
large contrary to such order. * 
Compensation SECTION 2. Said poHco ofBccrs or constables shall be 

of constables. I i i • • i i • 

compensated for service under tins act, :i^ provided in 
section seven of chapter one hundred and thirty of the 



1877.— Chapter 168. 551 

acts of the year eighteen hundred and sixty-seven, and 
any such city or town officer refusing or wilfully neglect- 
ing to perform the duties herein imposed upon him shall 
be punished as provided in section eleven of said chapter. 

Section 3. The mayor and aldermen of any city or the special service 
selectmen of any town may cause special service of any made. "* ™''^ '^^ 
order passed by them respectively, as provided for in sec- 
tion one, to be made upon any person, requiring that any 
dog owned or kept by such person, shall be muzzled or 
restrained from running at large, by causing a certified 
copy of such order to be delivered to him. Any person, 
who after receiving such certified copy shall refuse or 
neglect, for the period of twelve hours after receiving such 
notice, to muzzle or restrain such dog as required by such 
order, shall pay a fine not exceeding twenty-five dollars ; 
said fine to be recovered as provided in section twelve of 
chapter one hundred and thirty of the acts of the year 
eighteen hundred and sixty-seven. 

Section 4. Every license issued to the owner of any License to con. 
dog in this Commonwealth shall have printed thereon a oTsymp'tomgof 
description of the symptoms of the disease in dogs known i^y'^'op'^o'^'a. 
as hydrophobia, said description to be supplied by the sec- 
retary of the state board of health to the clerks of the 
several cities and towns of the Commonwealth upon appli- 
cation therefor. 

Section 5. All acts or part of acts inconsistent with Repeal. 
this act are hereby repealed. 

Section 6. This act shall take effect upon its passage. 

Ajij^roved Ajjril 27, 1877. 

An Act making appropriations for the expenses of the reform- Qhnjj i a q 

ATORY prison f6r WOMEN. ^ ' 

Be it enacted, &c., as folloivs : 

Section 1. The sums hereinafter mentioned are appro- Appropriations 
priated to be paid out of the treasury of the Common- p'^Hsof for'''*°''^ 
wealth, in accordance with the provisions of section ^^omen. 
twenty-four of chapter three hundred and eighty-five of 
the acts of the year eighteen hundred and seventy-four, 
from the ordinary revenue, unless otherwise ordered, for 
the purpose of preparing the reformatory prison for 
women at Sherborn for the reception of prisoners, and of 
meeting the current expenses of the institution to the close 
of the year ending December thirty-first eighteen hundred 
and seventy-seven, to wit: — 



,)0. 



1877.— Chapter 1G9. 



For fences, burn and out-buiklings, a sum not exceeding 
nine thousjind dollars. 

For furnishing the prison, a sum not exceeding twenty- 
five thousand dollars. 

For provisioning the same, a sura not exceeding eighteen 
thousand and two hundred dollars. 

For the payment of salaries and wages at the prison, a 
sum not exceeding seven thousand and five hundred 
dollars. 

Section 2. This act shall take effect upon its passage. 
, Approved April 27, 18*7. 



Chaj). 169 



Compensation 
of oBiccTs in 
superior court. 



Sheriff may 
appoint ofllcers 
to attend tlie 
courts. 



Oflieers to be 
interchangeil 
from lime to 
time. 



Compensation 
of aililitlonul 
oflicers. 



An Act kelating to the employment and compensation of 
okjt'icers in attendance upon tue superior court in the 
county of suffolk. 

Be it enacted, &c., as follows : 

Section 1. The officers in attendance upon the sessions 
of the superior court for civil and criminal business, in the 
county of Suffolk, and the messenger of the justices of the 
superior court, shall each receive an annual salary of four- 
teen hundred dollars, in full for all services performed 
by them, to be paid monthly from the treasury of said 
county. 

Section 2. The sheriff of said county shall appoint, 
subject to the approval of the justices of the superior 
court, or a majority thereof, officers for attendance upon 
the several sessions of said court in said county, in num- 
ber not exceeding four for each session for civil business 
in which juries are em])anelled, two for each session held 
■without juries, and six for the session held for the trans- 
action of criminal business. Each of said officers shall 
perfoim all services required of him by the court upon 
which he attends, for the performance of all which duties 
the salary hereinbefore provided for shall be in full com- 
pensation. The sheriff shall from time to time interchange 
said officers between the several sessions of said court in 
such manner as shall secure, as nearly as may be, the per- 
formance of equal services by each officer. 

Section 3. Any additional officers whose attendance 
may be hereafter required in either of said courts, as pro- 
vided in chai)ter one hundred and two of the acts of the 
year eighteen hundred and sixty-two, shall be allowed 
three dollars for each day of service actually rendered, to 
be paid out of the treasury of said county. 



1877.— Chapter 170. 553 

Section 4. All acts or parts of acts inconsistent here- Repeal, 
with are hereby repealed. 

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

Approved April 28, 1877. 

An Act to authorize the boston, clinton, fitchbukg and new QJiar), 170 

BEDFORD RAILROAD COMPANY TO ISSUE PREFERRED STOCK. 

Be it enacled, &c., as follows : 

Section 1. The Boston, Clinton, Fitchburg and New iiay issue 
Bedford Railroad Company is hereby authorized to issue ^'^^ ^"^ 
an amount of preferred stock, not exceeding twenty-five 
thousand shares, of one hundred dollars each, the proceeds 
thereof to he used exclusively for payment of the debts of 
the corporation. 

Section 2. Such stock shall entitle the holder thereof i^oiders of pre- 
to be paid dividends thereon semi-annually, in preference be paid divi. 
and priority to any dividends to be made to the holders of ence tD'hcfMers*^' 
the common stock of said company, at such rate as the net stock?™"" 
earnin£^s and income of said company for the six months 
preceding the declaring of such dividend, after paying the 
interest on the debt of the company, shall be sufBcient to 
pay ; not exceeding however the liriit which shall be fixed 
for such dividend by the vote of the stockholders at the 
meeting at which this act shall be accepted, and in no case 
exceeding three and one-half per centum semi-annually. 

Section 3. If such net earnings and income should be Balance of earn. 
more than sufficient to pay such dividends upon said pre- in^uvkiendJ" 
ferred stock, the remainder thereof or such portion thereof gtock.''°°™°° 
as may be necessary 'shall be used in paying a dividend 
upon the common stock of the Boston, Clinton, Fitchburg 
and New Bedford Railroad Company, which shall be 
entitled to the same dividends as the preferred stock, 
whenever there shall remain sufiicient net earnings to pay 
such dividends upon said common stock, and in no event 
shall such preferred stock receive a greater semi-annual 
dividend than the amount so to be fixed by the stockhold- 
ers, as provided in the second section of this act, unless 
such dividend shall also be declared and paid upon the 
common stock of the Boston, Clinton, Fitchburg and New 
Bedford Railroad Company. 

Section 4. Said preferred stock shall first be offered f''^^"^^^^^''^^ 

' • 1 1111 to be first offered 

to the stockholders in said company, who shall be respect- for saie to stock- 
ively entitled to subscribe therefor, at its par value, in 
proportion to the number of shares held by them. 
70 



554 1877.— Chapters 171, 172. 

Stock in treas. Sectiox 5. For cacli .111(1 cverv share of the stock here- 

ury to be can- ,.,. • . t/>«ii 

ceiiedasnew by authorizecl which shall be sold or disposed of, it shall 
be the duty of the president of the corporation to cause to 
be cancelled one share of the stock now held in the treas- 
ury of the corporation, until the stock so held shall all be 
cancelled, and after nineteen thousand nine hundred and 
seventy-two shares of the stock hereby authorized to be 
issued shall have been sold, for each and every share 
thereof subsequently disposed of, one hundred dollars in 
amount of the New Bedford Railroad Compan}- mortgage 
bonds in the possession of the corporation shall be can- 
celled and retired. 
fcc^pflnceby Section 6. This act shall take effect from and after its 
a majority vote, acceptaucc by a majority of all the shares present and 
voting at a legal meeting to be called for the purpose at 
any time after the passage of this act. 

Approved April 28, 1877. 

Chap, 171 An Act to amend section eighty-five of chapter three hun- 
dred AND twenty of THE ACTS OF THE YEAR EIGHTEEN HUN- 
DRED AND SEVENTY-FOUR, CONCERNING RENT OF ARMORIES. 

J3e it enacted, &c., as follows : 
ftr"comp™ieI'of Scctiou cighty-five of chapter three hundred and twenty 
infantry, etc. of ^hc acts of thc year eighteen hundred and seventy-four 
is hereby so far amended, as to provide that from and 
after the first day of July next, the amount which may be 
allowed for the rent of an armory occupied by a company 
of infantry shall not exceed the rate of four hundred dol- 
lars per annum ; the amount for the rent of an armory for 
brigade head-quarters shall not exceed the rate of two 
hundred dollars per annum ; and the amount allowed for 
rent of regimental and battalion head-quarters shall not 
exceed the rate of one hundred dollars per annum. 

Ajyproved Ajxril 28, 1877. 

Chap. 172 An Act for the better trotection of children. 

Be it e?iactcd, &c., as folloivs : 
StoenTears'not Sectiox 1. Ally pcrsou wlio shall cuiploy or exhibit 
to be employed or wlio shall scll, aiuirciiticc or <i;ive away for the iniri:)ose 

in circuB etc ' i i o *y i i 

of employing or exhibiting, any child under the age of 
fifteen years in or for the vocation, occupation, service or 
purpose of dancing, playing on musical instruments, sing- 
ing, walking on a wire or rope, or riding or performing as 
a gymnast, contortionist or acrobat in any circus or 
theatrical exhibition or in any public place whatsoever, or 



1877.— Chapter 173. 555 

who shall cause, procure or encourage any such child to 
engage therein, shall be punished by a fine not exceeding 
two hundred dollars, or b}^ imprisonment in the county jail 
not exceeding six months : providell, hoioever, that nothing Proviso. 
in this act shall be construed to prevent the education of 
children in vocal and instrumental music, or their employ- 
ment as musicians in any church, chapel or school or 
school exhibition, or prevent their taking part in any con- 
cert or musical exhibition on the special written permis- 
sion of the mayor and aldermen of any city or the board 
of selectmen of any town. 

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

Approved April 28, 1877. 
An Act makixg appropriations for certain educational nhnv) 17^ 

PURPOSES. ^ \^ ]J. to 

Be it enacted, &c., as follows: 

Section 1. The suras mentioned in this section are Appropriations 
hereby appropriated, and shall be paid out of the moiety fu°id.*°^°°^ 
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, the sum of sixty-seven thousand dollars. 

For the Massachusetts Teachers' Association, three hun- Teachers' 

dred dollars. . Association. 

Section 2. The sums mentioned in this section are Appropriations. 
appropriated, and shall be paid from the treasury of the 
Commonwealth, to wit : — 

For the support of normal schools, including the normal Normal schools. 
art school, in addition to the sum named in the first sec- 
tion, a sum not exceeding nine thousand dollars. 

For teachers' institutes, a sum not exceeding three thou- Teachers' 
sand dollars. institutes. 

For the expenses of the members of the board of educa- Board of 
tion, a sum not exceeding four hundred dollars. education. 

For county teachers' associations, a sum not exceeding Teachers' 
three hundred dollars. associations. 

For postage, printing, stationery, advertising, transporta- Board of 
' tion of documents for the board of education and the secre- p!iuung,°etc. 
tary thereof, a sum not exceeding three thousand dollars. 

For printing the annual and supplementary reports of Printing annual 
the board of education, with the accompanying documents 
and illustrations, a sum not exceeding eleven thousand 
dollars. 



556 



1877.— Chapters 174, 175. 



Salaries and 
expenses. 



Aid to pupils in 
normal schools. 



Rent, care of 
rooms, etc., in 
School StrL-et 
Block, Boston. 



For salaries and expenses of agents of the board of edu- 
cation, a sum not exceeding eight thousand five hundred 
dollars. 

For aid to the pupils in the state normal schools, a sum 
not exceeding four thousand dollars, payable in semi- 
annual payments, to be expended under the direction of 
the board of education. 

For rent, taxes, steam heating, water, and care of rooms 
of the premises occupied by the state normal art school, in 
School Street Block, Boston, for the year eighteen hundred 
and seventy-seven, in accordance with the lease or leases 
thereof, ratified and approved by chapter fifty-one of the 
resolves of the year eighteen hundred and seventy-six, 
a sum not exceeding eight thousand one hundred and 
twenty-two dollars and fifty cents. 

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

Approved May 1, 1877. 

Chap. 174 An Act relating to the granting of divorces on petitions 

FROM INHABITANTS OF THIS STATE. 

Be it enacted, &c., as follows : 

peuti'o''nerI°re. SECTION 1. The supremc judicial court may grant a 
siding in state divorcc for any of the causes allowed by law, in any case 

for three v'e<\rs •/ ^ •* »/ 

who were inhab, in whicli the partics wcrc inhabitants of this state at the 

i tan ts at time of ,• r J.^ • ^i i*i.' i? "ji _ x" i 

marriage. tmic ot the mamage, on the petition ot either ot such 

parties who has been an inhabitant of this state for three 
years next preceding the date of the petition. 

Section 2. So much of sections eleven and twelve of 
chapter one hundred and seven of the General Statutes, as 
is inconsistent with this act, is hereby repealed. 

Approved May 2, 1877. 
Chap. 175 ^"^ Act to provide for the redemption of the guarantee 

CAPITAL OF MUTUAL FIKE INSURANCE COMPANIES, AND FOR OTHER 
PURPOSES. 

Be it enacted, £:c,, as folloios : 

Section 1. No semi-annual dividend on the guarantee 
capital of any mutual fire insurance company organized 
under chapter three hundred and sevcnty-rivc of the acts 
of the year eighteen hundred and seventy-two, which shall 
be payable subsequent to the time fixed for the payment 
of the next semi-annual dividend of such company, shall 
exceed thice and one-half per centum ; if any such dividend 
shall be less than three and one-half per centum it bhall be 



Repeal. 

G. S. 107, §§ 11, 

12. 



Semi-annual 
dividends. 



1877.— Chapters 176, 177. 557 



made up as heretofore provided by law in regard to divi- 
dends of five per centum. 

Section 2. Whenever the contingent funds in the Guarantee 
possession of any such company shall equal the amount of btM-ede™ned 
its guarantee capital and all dividends due or accrued funds equa" the* 
thereon, said company may at any time or from time to ^'^o""'- 
time thereafter, by a majority vote of the members present 
at a meeting called for the purpose, redeem said capital or 
any part thereof by payment to the shareholders of the 
par value of the stock by them held or of the percentage 
thereof to be redeemed, with interest on the amount to be 
redeemed, at the rate of seven per centum per annum from 
the date of the last iDreceding semi-annual dividend until 
notice to such holders that the company is ready to redeem 
as aforesaid, together with an amount sufiicient to make 
up all previous semi-annual dividends on the entire guar- 
antee capital to the maximum allowed by law for such 
dividends respectively. 

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

Approved May 4, 1877. 

An Act in relation to taking and selling rights op redemp- '(JJiap, 170 

TION ON EXECUTION. 

Be it enacted, &c., as folloivs : 

Section 1. All rights of redeeming mortgaged or other saie of rights of 
lands taken and sold on execution may be taken and sold oxecmionr"" 
on another execution, in like manner as the right of redeem- 
ing mortgaged land may be taken and sold ; and the debtor 
and those chiiming under him may redeem the right sold 
under such second execution, in like manner as if it had 
been a right of redeeming mortgaged land. All proceed- 
ings in levying such second execution, and the redemption 
of the right sold under it, and all the rights and obliga- 
tions of the several parties in relation to such levy and 
redemption, shall be substantially the same as if the prop- 
erty so taken had been a right of redeeming mortgaged 
land. 

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

Approved May 4, 1877. 

An Act relative to costs in actions under the trustee QJiap, 177 

PROCESS. 

Be it enacted, &c., as folloivs : 
. Section 1. Parties to actions under the trustee process, costs in actions 
entered in either of the district, municipal or police courts, tee proVe'^ss.'^"*' 



558 



1877.— Chapter 178. 



Plaintiflf's 
costs. 



Defendant's 
costs. 



Trustee's 
costs. 



Officer's fees. 



Fee for entry 
or for trial not 
allowed. 



Repeal. 



or before justices of the peace, shall recover the following 
costs : — ' 

To the plaintiff: For writ and declaration, one dollar. 
For attorney's fee, one dollar and fifty cents. For term 
fee, where there is no appearance, seventy-five cents ; and 
where there is an appearance, one dollar. For travel and 
attendance, the same fees as are now allowed by law. For 
execution, ten cents. For such disbursements as are not 
herein specially provided for, the same as are now allowed 
by law. 

To defendants : For costs for travel and attendance, the 
same as are now allowed by law. For attorney's fee, one 
dollar and fifty cents. For such disbursements as are not 
herein specially provided for, the same as are now allowed 
by law. 

To trustees recovering costs : For attorney's fee, fifty 
cents. For answer in writing, twenty-five cents. For travel 
and attendance, the same as are now allowed by law. For 
answer to interrogatories, such costs as the court may allow. 
To adverse claimants, such fees as the court may deem rea- 
sonable under all the circumstances. For taxing costs, to 
either plaintitt', defendant, trustee or claimant, ten cents. 

To ofiicers : For one service of the writ on one trustee, 
the same as now allowed by law. For service of the same 
writ on every additional trustee, twenty-five cents ; for 
every additional copy, ten cents, and for the distance actu- 
ally travelled in the service of the same. 

Section 2. No party to a civil action in any district, 
municipal or police court, or before any justice of the 
peace or trial justice, shall hereafter pay any fee for entry 
or for trial. 

Section 3. All acts and parts of acts inconsistent 
herewith are hereby repealed. Approved May 4, 1877. 



Cha/p. 178 An Act to give general equity jurisdiction to the supreme 

JUDICIAL COURT, AND FOR OTHER PURPOSES. 

Be it enacted, &c., as folloivs : 

Section 1. The supremo judicial court shall have juris- 
diction in equity of all cases and matters of (Mjuity, cogniz- 
able under the general principles of ecjuity jurisj)rudence ; 
and in respect of all such cases and matters, shall bo a 
court of general equity jurisdiction. 

Section 2. The last paragraph of section two of chap- 
ter one hundred and thirteen of the General Statutes, 



Supreme judi- 
cial court to be 
court of general 
equity jurisdic- 
tion. 



Repeal. 

G. 8. n3, § 2. 



1877.— Chapter 178. 559 

beginning with the words "And shall have" is hereby 
repealed ; but this repeal shall not affect any cause or pro- 
ceeding now pending. 

Section 3. The terms of court by existing laws Terms of court 
required to be held for the county of Dukes County at andbukes 
Barnstable on the tirst Tuesday of May, and for the county ^°""^y- 
of Nantucket at Nantucket on the first Tuesday of July, 
shall hereafter be held at New Bedford on the second 
Tuesday of November ; and all matters arising or pending 
in the county of Dukes County or in the county of Nan- 
tucket, cognizable by the supreme judicial court, and to 
be heard before a single justice, shall be entered, heard, 
tried and determined at the court held at New Bedford for 
the county of Bristol, in all respects as if the same court 
were held in the county of Dukes County or the county of 
Nantucket as the case may be. And all matters for the 
county of Dukes County or the county of Nantucket, now 
pending or required to be heard before a law term of the 
supreme judicial court, shall be heard and determined at the 
law term held for the county of Bristol instead of at the 
hiAv term of the court for the Commonwealth. 

Sectiox 4. Section fifteen of chapter one hundred and ^''^'^'''jq^ ,^5 
seven of the General Statutes, giving trial by jury in cases 
of divorce, is hereby repealed. 

Section 5, When a divorce is decreed for the cause Divorce for 
of adultery committed by the wife, such decree shall not wife\^otto^ 
affect her title to her separate real and personal estate, hfr sepal-ate 
durino; her life : provided, that the court may decree to the ^^^^^'^- 

c -t ' »/ Proviso. 

husband so much of her separate real and personal estate 
as it may deem necessary for the support of the minor 
children of the marriage who may have been decreed to 
his custody ; and provided, further, that if the wife after- proviso. 
wards coiitract a lawful marriage, the interest of the 
divorced husbanTl in the wife's separate real and personal 
estate, after her death, shall cease, except in so much 
thereof as may have been decreed to him as herein pro- 
vided. Section thirty-nine of chapter one hundred and 
seven of the General Statutes is hereby repealed. 

Section 6. In all suits in equity where the right of continuance of 

" 3.ttticIiniGiit of 

appeal from a final decree of a single justice exists, any goods, etc., after 
attachment of goods or estate made in such suit shall con- hfs'ce^ased.^^'' 
tiuue for thirty days after such right of appeal -shall cease. 

Approved May 4, 1877. 



560 



1877.— Chapters 179, 180, 181. 



Chap. 179 An Act to amexd cnAPTER tavo hundred and three of the acts 
OF the year eighteen hundred and seventy-six, relating to 

the taxable COSTS OF SAVINGS BANKS IN CERTAIN CASES. 

Be it enacted, &c., as follows : 

Section 1. Section nineteen of chapter two hundred 
and three of the acts of the year eiirhtccn hundred and 
seventy-six is hereby amended by striking out at the end 
thereof the words " but in no case to the bank." 

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

Approved May 4, 1877. 



Amendment to 
1876, 203, § 19. 



Chaj). 180 



Commissioners 
may fix the 
limits of great 
ponds leased. 



Record in reg- 
istry of deeds. 



Chap. 181 



Expenses of 
committees 
and joint com- 
mittees. 



Committees 
may advertise 
public hearings. 



Proviso. 



An Act in addition to an act for encouraging the cultivation 

OF useful fishes. 
Be it enacted, &c., as follows : 

Section 1. In all cases where the commissioners on 
inland fisheries have leased or shall hereafter lease any 
great ponds in this Commonwealth for the cultivation of 
useful fishes, the said commissioners may fix the limits of 
such great ponds, and determine what arms, coves or bays 
of the same shall be regarded as part of said great ponds ; 
and the limits of said great ponds, so fixed and determined 
by said commissioners, and recorded in the registry of 
deeds for the county where such ponds lie, shall be taken 
to be the legal limits of said great ponds for all the purposes 
of such case. The expense of fixing and recording such 
limits shall be paid by the lessees. 

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

Approved May 4, 1877.. 

An Act to provide for the proper auditing of the expenses of 

legislative committees. 
Be it enacted, &c., as follows : 

Section 1. No joint committee of the legislature shall, 
in the performance of its duties, incur an^ expense to be 
paid l)y the Commonwealth unless duly authorized by order 
of the two branches ; and no committee of either branch 
shall incur such expense unless authorized by order of the 
branch to which it belongs ; except as hereinafter provided. 

Section 2. Any committee of the legislature, or of 
either branch thereof, may advertise such public hearings 
on matters referred to it as it may, by vote of a majority 
of the whole committee, determine to be expedient, in 
such newspapers pul)lished within the Commonwealth as 
it may deem proper : ^;roiv*(Ze(Z, that the order lor such 
advertisement, signed by the chairman or secretary of the 



1877.— Chapter 182. 561 

committee, shall be forwarded to the newspaper in which 
it is to be published, by the auditor of the Commonwealth, 
who shall keep a record of such orders, and shall certify 
the bills therefor. 

Section 3. All bills properly incurred by any com- Biiistobe 
mittee, other than those mentioned in section two, shall be a majority of 
approved by a majority of the committee in writing before «* <=oai°i>ttee. 
presentation to the auditor of the Commonwealth for 
allowance and payment. 

Section 4. Postage for the several committees of the Postage. 
legislature, or of either branch thereof, shall be furnished 
by the sergeant-at-arms, who shall be reimbursed for the 
same. 

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

Apjyroved May 4, 1877. 

An Act to amend chapter twenty-eight of the general stat- Chap. 182 

UTES IN respect TO CLOSING TOMBS IN CITIES. 

Be it enacted, &c., as follows : 

Section 1. The city council of any city may, upon interments in 
report of the^board of health thereof that the public health city limus may 
requires it, and after public notice and hearing in the ^^ f°'"'^"^'^'^n- 
manner hereinafter provided, forbid future interment in 
any tomb or tombs within the city limits. 

Section 2. The report of the board of health above Board of health 
mentioned shall specify the tomb or tombs to which its in report^ 
action refers, and name the owner or owners thereof if the 
same be known ; and thereupon the city clerk shall give 
notice to such owner or owners as are known and reside 
within the Commonwealth, and shall likewise publish a 
notice at least twice a week for four consecutive weeks in 
two or more newspapers published in the city or in the 
county wherein said city is situate. The said notice shall 
recite the report of said board of health, and shall notify 
all parties interested in the premises to appear before a 
joint committee of the city council at a time not less than 
two nor more than three months from the last publication 
of said notice, and show cause why the report of said 
board of health should not be accepted and the tomb or 
tombs therein mentioned be closed. After such hearing 
the city council may, upon a vote of both branches there- 
of and with the approval of the mayor, declare said tomb 
or tombs to be closed, and no interments shall thereafter 
be permitted therein. 
71 



562 



1877.— Chapter 182. 



To notify own- 
ers of tombs 
when repairs 
are needed. 



Mny repair 
tombs at ex- 
pense of owners. 



Board of health 
to exercise 
powers of trus- 
tees, etc. 
G. S. 28, § 3. 



Persons 
aggrieved may 
appeal. 



Provisions of 
G. B. 43, § 8'.», 
to apply to erec- 
tion of building 
upon burial- 
ground belong, 
ing to a city. 



Section 3. Whenever in the judgment of the board 
of health of any city any tomb therein needs repair, it 
shall give notice thereof to the kncnvn owner, or if there 
be more than one, to one of the known owners thereof, 
requiring that said tomb be put in a proper state of repair 
within three months from the date thereof, and if the 
owner or owners of said tomb be unknown, then the 
board of health may publish notice in the manner provided 
in section two, requiring the owner or owners to repair 
said tomb within the time above mentioned ; and if the 
owner or owners do not repair said tomb within the time 
mentioned, then the board of health may enter upon said 
tomb and make the repairs needed, at the expense of said 
city. If the public health requires immediate action, the 
board of health may make the necessary repairs, the cost 
of which shall be refunded upon demand, by the owner or 
owners of such tomb. If the city shall incur any expense 
in regard to any tomb, in the manner before specified, the 
said tomb shall be held by said board of health, and no 
further use shall be made of said tomb until the owner or 
owners thereof shall pay the expense of sai4 repairs and 
interest thereon ; and after twenty years possession under 
this act for non-repairs, all interest and right of burial in 
any such tomb shall vest in the city in which the same is 
situate. 

Section 4. The provisions of section three of chapter 
twenty-eight of the General Statutes, shall apply to all 
tombs in public cemeteries in cities, and the boards of 
health in cities shall exercise, in regard to such tombs, the 
powers granted by said section to trustees or directors of 
certain corporations. 

Section 5. Any person aggrieved by the action of the 
city council or board of health imder this act, may appeal 
therefrom in the manner provided .by sections nine and ten 
of chapter twenty-eight of the General Statutes. 

Section 6. The provisions of section eighty-nine of 
chapter forty-three of the General Statutes shall apply 
to the erection of any building upon any burial-ground 
or cemetery belonging to any city in the Common- 
wealth. 

Section 7. This act shall take etl'ect upon its passage. 

Approved May 4, 1877. 



I 



1877.— Chapters 183, 184. 563 

An Act relating to tue temporary aid of state paupers by Chap. 183 

CITIES OR TOWNS. 

Be it enacted, &c., as follows : 

Section 1. Any city or town throus^h its authorities, Temporary 

• aid. for st<itG 

having charge. of the execution of the laws for the mainte- paupers; ex- 
nance of the poor, may, if said authorities deem that the repaidb*y^8tate. 
same is for the public interest, furnish temporary aid to poor 
persons found within its limits, having no settlement within 
the CommouAvealth, and the expense thereby incurred, 
after notice has been sent as hereinafter provided, shall be 
.repaid from the treasury of the Commonwealth to such 
city or town ; provided, that said authorities shall give Proviso, 
immediate notice by mail in each case to the general agent 
of state charities, who in person or by one of his assistants 
shall examine the case and direct the continuance of such 
aid, or removal to the state almshouse or to some place 
outside the Comqionwealth, either before or after removal 
to the state almshouse, in accordance with existing laws; 
and provided, also, that except in cases of sick state poor. Proviso. 
such aid shall not be furnished at any one time for a longer 
period than four weeks or to a greater amount than one 
dollar per week for each person, or five dollars per week 
for each family, and provided, also, that all claims of Proviso. 
cities and towns against the Commonwealth, for furnishing 
aid under the provisions of this act, shall be rendered in 
detail and shall be approved by the general agent of state 
charities before the same shall be paid. 

Section 2. Nothing contained in this act shall be con- Not to repeal 

iixii. 1 i?ii •• ^i- laws concerning 

strued to alter or repeal any oi the provisions oi law lu sick state poor, 
regard to the sick state poor, or persons ill with contagious ®*°" 
diseases . Approved May 4, 1877. 

An Act to provide for the assignment of counsel and the Chap. 184 

ATTENDANCE OF CERTAIN WITNESSES IN CRIMINAL TRIALS OF 
inmates OF REFORM SCHOOLS. 

Be it enacted, &c., as follows : 

Inmates of any of the reform schools now existing, or counsel may 
which may hereafter be established in this Commonwealth, hfrnatefo/Ze-"^ 
who are sent for trial to the criminal courts for offences fo.'m schools on 

. - , . trial tor criminal 

alleged to have been committed in such institutions, may offences, etc. 

have counsel for their defence assigned by any judge of 

the court wherein they are to be tried; and any judge of inmates may be 

said court shall, upon application, order the superintendent wituTsTes!^ '^^ 

or other ofiicer in charge of the institution wherein such 

oifeuce is alleged to have been committed, to produce at 



5G4 1877.— Chapters 185, 186. 

the trial such inmates of said institution as the counsel 
assigned to the prisoner shall certify in writing, in his 
opinion are, or as the judge in the absence of couysel shall 
deem to be, necessary or material witnesses for the defence ; 
and such superintendent or other officer shall obey said 
order, having due regard to the custody, control and safe 
return of such inmates. Approved May 4, 1877. 

Chap. 185 An Act to authorize a more strict supervision of the busi- 
ness OF pawnbrokers. 

Be it enacted, &c., as follows: 
Pawnbroker's SECTION 1. The chicf of policc of any cit}' or the select- 
marteente^ir mcu of auy towu, and the chief detective of the Commou- 
at'lny ttaeb^y Wealth or any officer by them or either of them authorized, 
police. jjjg^y jj^ j^j-jy {[niQ cntcr upon any premises used for the 

purposes of his business by any licensed pawnliroker, to 
ascertain the manner in which such person conducts his 
business, and to examine all goods, wares, merchandise 
and articles whatsoever received or taken in pawn or kept 
or stored in or upon said premises, and all books and 
inventories relating thereto ; and every such pawnbroker, 
his clerk, agent, servant or other person in charge of said 
premises, shall exhibit to such officer on demand any and 
all of said goods, wares, merchandise, articles, books and 
inventories. 
Penalty on SECTION 2. Any Hccnsed pawnbroker, clerk, agent or 

etc., for refusing othcr pcrsou in charge of said premises, who shall refuse 
to a mi o cer. ^^ {^(jniit thcrcto any officer authorized to enter the same, 
or shall fail to exhibit to such officer on demand, all said 
goods, wares, merchandise, articles, books and inventories, 
or any person who shall will'ully hinder, obstruct or pre- 
vent such officer from entering said premises, or from 
making the examination authorized in the preceding sec- 
tion, shall upon conviction thereof be punished l)y line not 
exceeding two hundred dollars or by imprisonment not 
exceeding one year, or by both such fine and imprisonment 
in the discretion of the court. 

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

Approved May 4, 1877. 

Chap. 186 An Act in relation to overseers of the poor. 

Be it enacted, &c., as follotus : 
OverscerB Section 1. Any towu iu this Commonwealth, which 

of the poor t 11 1 11 • • i- 1 • 1 

in towns. shall havc accepted the provisions or this act at any annual 



1877.— Chapter 187. 565 

meeting thereof, may at such or any annual meeting there- 
after, elect by written ballot from the inhabitants thereof, 
three persons to be overseers of the poor in such town, one 
person for one year, one person for two years, and one 
person for three years, and thereafter at the annual meet- 
ing in like manner may elect one person to serve for three 
years, and these persons so chosen shall constitute the 
board of overseers of the poor in such town. 

Section 2. The members of said boards shall hold To hold office 
office until others are elected and qualified in their stead ; qualified. 
vacancies from any cause may be filled by a new choice at vacancies. 
any legal meeting, and the person chosen to fill any 
vacancy shall hold office during the unexpired term, and 
until another is chosen and qualified in his stead. 

Section 3. Said boards shall meet and organize annu- Organization. 
ally within seven days after the annual town meeting, by 
the choice of a chairman and secretary, which last named 
officer may be from their own number or otherwise. 

Section 4. Said boards shall cause books to be kept. Books to be 
wherein shall be entered in a neat and methodical style, all amount anTiund 
information in regard to such needy persons as shall have of ^id given. 
been aided under their direction, that is required by the 
general laws of this Commonwealth, and also all further 
information in regard to every individual case of relief 
given, asked for or refused, as may be of importance to 
their towns or the Commonwealth to preserve, stating the 
amount and kind of aid given, and the reasons for giving 
such aid or of refusing the same ; such information to be 
so arranged as to be readily referred to upon the books. 

Section 5. The acceptance of this act by any town Acceptance 
may at any subsequent annual meeting thereof be revoked revoked!"^ 
by such town, and thereupon this act shall cease to be 
operative in such town. 

Section 6. This act shall take effect upon the first day 
of July next. Approved May 4, 1877. 

An Act relating to the civil jurisdiction of the municipal Chap. 187 

COURT OF THE CITY OF BOSTON. 

Be it enacted, &c., as follows : 

The municipal court of the city of Boston shall have civiijuiisdic- 
origlnal concurrent jurisdiction with the superior court, of 
all civil actions and proceedings, (except when the title to 
real estate is put in issue) , wherein the damages demanded 
or the value of the property alleged to be detained exceed 



566 1877.— Chapters 188, 189, 190. 

one hundred and do not exceed one thousand dollars, and 
one or more of the defendants, or in trustee process one or 
more of the trustees, live or have their usual place of busi- 
ness in the city of Boston. Approved May 4, 1877. 

Chap. 188 An Act to fix the salary of the justice of the second dis- 
trict COURT of BRISTOL. 

Be it enacted, &c., as follotvs : 

Salary estab- The auuual salai'v of the iustice of the second district 

lisbed . 

court of Bristol shall be twenty-five huudred dollars from 
and after the first day of January last. 

Approved May 4, 1877. 

Chap. 189 An Act to authorize the holding of sessions of the first 

DISTRICT court OF BRISTOL, AT ATTLEBOROUGH. 

Be it enacted, &c., as follows : 
Sessions of Section 1. Sessions of the first district court of Bristol 

Coin t to be Deici 

atAttieborough shall bc holdcu daily at Attleborough l)y one of the special 
justices of said court for the transaction of criminal busi- 
ness, and on Monday of each week for the transaction of 
civil business. The justice holding said court shall keep 
a record of the proceedings had before him, which he shall 
transmit to the clerk of said court to be by said clerk 
entered upon the dockets and record books of said court. 
The justice holding said court shall account with and pay 
over to the clerk of said court all fines' costs and fees 

Conipensation rcccived by said justice. The justice holding said sessions 

JU6 ite. shall be paid at the rate of six hundred dollars per annum 

from the treasury of Bristol County, to be paid monthly, 

and the same shall be divided between said special justices, 

in proportion to the number of sessions held by each. 

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

Approved May 4, 1877. 
Chap. 190 An Act to amend section seventeen of chapter one hundred 

AND SEVENTY-FOUR OF THE GENERAL STATUTES RELATING TO 
SENTENCES OF CONVICTS. 

Be it enacted, &c., as folloios : 

conv?cts^°^ Section 1. Section seventeen of chapter one hundred 

G. 8. 174, § 17. and seventy-four of the General Statutes is hereby ainendod 

by striking out the words "one year," and inserting instead 

thereof the words "three years." 

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

Approved May 4, 1877. 



1877.— Chapter 191. 567 

An Act in addition to an act establishing the city of nhnv) IQI 

SALEM. ■*^' 

Be it enacted, &c., as follows : 

Section 1. All the power and authority now by law Health commis. 
vested in the city council of the city of Salem or in the appo™d?^*'^ 
mayor and aldermen thereof, relative to the public health 
and quarantine of vessels, shall continue to be vested in 
said city council to be carried into execution by the 
appointment of one or more health commissioners ; or in 
such other manner as the health, cleanliness, comfort and 
order of the city may m their judgment require, subject to 
such alteration as the legislature may from time to time 
adopt. The powers and duties above named may be 
exercised and carried into effect by the city council them- 
selves, or by any persons outside of their own body whom 
they may appoint as a board of health, with or without 
compensation as said ci^ council may determine ; and the 
city council may constitute either branch, or any commit- 
tee of their number, whether joint or separate, the board ■ 
of health for all or for particular purposes. 

Section 2. Section eleven of chapter forty-two of the Assessors to be 
acts of the year eighteen hundred and thirty-six is so far two*and°threT' 
amended that the city council of the city of Salem, in the ^^''^^• 
month of January in the year eighteen hundred and seventy- 
eight, shall choose in convention three assessors, one of 
whom shall be chosen to serve for one year, one for two 
years and one for three years, and thereafter in the month 
of January of each year they shall choose one assessor to 
serve for the term of three years ; and in case any vacancy 
shall occur the city council shall till such vacancy by 
choosing a person to serve for the remainder of the 
term. 

Section 3. Sections fifty-one and fifty-two of chapter Election of 
three hundred and seventy-six of the acts of the year ^'^'^'^ °^''®"- 
eighteen hundred and seventy-four shall apply to the 
election of ward officers in the city of Salem, anything in 
the charter of said city or in any act in" amendment thereof 
to the contrary notwithstanding. 

Section 4. All acts or parts of acts inconsistent with Repeal. 
the provisions of this act are hereby repealed. 

Aj)proved May 4, 1877. 



568 



1877.— Chapter 192. 



state aid for 
disabled soldiers 
and Bailors. 



Proviso. 



Chap. 192 An Act authorizing payment of state aid to disabled sol- 
diers AND their families, AND THE FAMILIES OF DECEASED 
SOLDIERS. 

Be it enacted, &c., as follows : 

Section 1. The treasurers of cities and towns may, 
under the direction of the city council or selectmen there- 
of, pay monthly, state aid to disabled soldiers and sailors, 
and their dependent relatives, and the dependent relatives 
of deceased soldiers and sailors, including commissioned 
officers, having a residence and actually residing in their 
respective cities and towns, as follows : provided, they 
are, in the opinion of said city council or selectmen, in 
such necessitous circumstances as to require further public 
assistance, and, in case of disabled soldiers and sailors, 
are so far disabled by their service in the army or navy 
during the late rebellion, as to prevent them from follow- 
ing their ordinary and usual vocation ; provided, also, that 
city and town authorities shall withhold the aid, when in 
their judgment any person who is in receipt of a pension 
from the United States is not in such necessitous circum- 
stances or so disabled, and provided, further, that they 
are not receiving aid from any other state, nor from any 
other city or town in this state, and were actual residents 
of the state of Massachusetts on the twenty-third day of 
April in the year eighteen hundred and sixty-six. 

First. Invalid pensioners of the United States who 
served in the army or navy, to the credit of the state of 
Massachusetts, between April nineteenth, eighteen hun- 
dred and sixty-one, and September first, eighteen hundred 
and sixty-five, or, being actual residents of this state at 
the time of enlistment, served to the credit of any other 
state between April nineteenth, eighteen hundred and 
sixty-one, and March eighteenth, eighteen hundred and 
sixty-two, who have been honorably discharged from said 
service, a sum not exceeding three-fourths of the amount 
of the monthly pension they are entitled to receive : j^ro- 
vided, if i)ensioned as commissioned officers, they shall 
only be paid such proportion of state aid as they would be 
entitled to receive if their pension were based upon the 
rank of a private soldier ; and that not exceeding six dol- 
lars per month be paid to any one of the persons named in 
this section, 
widow.chiidrcn Secoiid. Thc widow, children and widowed mother of 

luul widowed . ' . 

mothcrofsoidier auy soldicr or sailor dying in the service. 



Proviso. 



Proviso. 



Invalid pen- 
sioners. 



Proviso. 



1877.— Chapter 192. 569 

Third. The widow, children and widowed mother of H^Hl^^p^^^"^ 
any soldier or sailor dvinf]' after his honorable discharge, from wounds or 

i,^ , ,. '' , ^ ■,. , 1 . -t • disease contract- 

or wounds or disease mcurred in said service, or dying ed during ser- 

while in the receipt of a pension from the United States, ^''^®" 
and the state aid ; and the wife, children and widowed 
mother of any invalid pensioner receiving from the United 
States one-half the amount allowed for total disability : 
provided, such children are under the age of fourteen proviso, 
years, whether the allowance be made under the provisions 
of this or any other act or resolve ; and provided, in all Proviso. 
cases, said soldiers and sailors served to the credit of the 
state of Massachusetts between the nineteenth day of April, 
eighteen hundred and sixty-one, and the first day of Sep- 
tember, eighteen hundred and sixty-five, or, being inhab- 
itants of this state at the time of their enlistment, served 
to the credit of any other state, between the nineteenth 
day of April, eighteen hundred and sixty-one, and the 
eighteenth day of March, eighteen hundred and sixty-two, 
the sum of four dollars each, provided^ that not exceeding proviso. 
eight dollars shall be paid to all those who were dependent 
upon such soldier or sailor, and that no aid shall be paid 
to any such wife or widow of a discharged soldier or sailor, 
unless married to him prior to his final discharge, nor to 
any such child of a discharged soldier or sailor, unless 
born prior to his final discharge. 

Fourth. The widow or wife, children and widowed Yrm^lc^oi 
mother of any ofiicer, soldier or sailor who served as missing eoidier. 
aforesaid to the credit of the state of Massachusetts, 
between April nineteenth, eighteen hundred and sixty- 
one, and September first, eighteen hundred and sixty-five, 
and who appears on the rolls of his regiment or company, 
in the ofiice of the adjutant-general, to be missing or to 
have been captured by the enemy, and who has not been 
exchanged, or has not returned from captivity, or who is 
not known to be alive : provided, that aid shall not be paid Proviso, 
to said relatives of such officer, soldier or sailor, if the 
municipal authorities have good and sufficient reasons to 
believe that he deserted from the service, or that he is still 
living and wilfully absent from his family, or if said rela- 
tives receive aid from any other state, or from any other 
town under the provisions of this act. 

Fifth. Persons who were receivino: state aid prior to To persons 
April eleventh, eighteen hundred and sixty-seven, and act passed Apru 
who were precluded therefrom by the provisions of the act ' 

72 



570 



1877.— Chapter 192. 



Proviso. 



The word "chil. 
dren " defined. 



Mode of appli- 
cation for state 
aid. 



Blanks for use 
of applicants. 



State aid not to 
be assigned or 
subject to trus- 
tee process. 



Proviso. 



Aid to he 
discontitiued 
if jjerson is 
convicted of a 
criminal ofl'ence. 



Applicants for 
aid in town 
wliero not . 
credited. 



of that date : provided, said city council or selectmen are 
satisfied, upon evidence first reported to the commissioners 
named in section seven and satisfactory to them, that jus- 
tice and necessity require a continuance of the aid to pre- 
vent actual suffering. 

Sixth. The word "children," wherever used in this 
statute, shall include any child or children born after the 
death of the father in the service of the United States, for 
the benefit of whom any city or town shall pay state aid 
as provided by chapter two hundred and nineteen of the 
acts of the year eighteen hundred seventy-six. 

Section 2. Persons applying for aid under this act 
shall state in writing, under oath, the age and residence of 
the party for whom such aid is claimed ; the relation of the 
claimant to the party who rendered the service for which 
aid is claimed ; the company and regiment or the vessel in 
which the oflScer, soldier or sailor enlisted, and that in 
which he last served ; the date and place of such enlist- 
ment, when known ; the duration of such service ; and the 
reason upon which the claim for aid is founded. And it 
shall be the duty of the auditor to furnish from time to 
time, to each city and town, a sufficient number of suitable 
blank forms for the use of applicants for aid under this act. 

Section 3. All aid furnished under the provisions of 
this act shall be solely for the benefit of the person for 
whom it is intended, and shall be paid to said person 
directly or upon his or her order ; and it shall not be sub- 
ject to trustee process nor assigned. And no transfer of 
said aid heretofore made shall be recognized in settlement 
of the same : provided, however, the treasurers of cities 
and towns may, under the direction of the city council or 
selectmen thereof, pay the sums due for aid to any ofiicer, 
soldier or sailor, or so much thereof as they may think 
best, to the wife or family of such officer, soldier or sailor, 
or for the benefit of such wife or fiimily ; and the amounts 
so paid shall be reimbursed in the same manner as if paid 
to such officer, soldier or sailor in person. 

Section 4. If any person to whom the aid is paid shall 
be convicted of any criminal ollence at common law, or 
under the statute of this Connnon wealth, said aid shall be 
discontinued to said person, unless or until the municipal 
authorities shall in their discretion otherwise determine. 

Section 5. When applicants for aid have their resi- 
dence in a city or town to which they are not credited, 



1877.— Chapter 192. 571 

notice of their application shall be forthwith sent by such 
town to the place to which said applicants are creditccl ; 
and if an answer to such notice, setting forth all the fticts ■ 
touching the application necessary to be known by the 
town to which ajiplication is made, is not sent by mail 
withiu seven days from the receipt of the same, the city or 
town in which such applicants reside may recover in an 
action of contract against the town or city so neglecting 
to answer, all such sums as they may advance to such 
applicants not reimbursed by the state. 

Section 6. Any town or city may raise money by tax- cities ana towns 
ation or otherwise, and if necessary apply the same for the by taxluoT"^^ 
purpose set forth in this act ; and no persons entitled to 
aid under the provisions of this act shall receive said aid 
prior to the date of their application. 

Section 7. The auditor, the adjutant-general and the commission. 
surgeon-general of the Commonwealth, shall constitute a 
commission to decide upon all questions which may arise 
in the payment of aid, between the municipal authorities 
and disabled soldiers claiming the aid ; and in all cases 
their decision shall be final. 

Section 8. On or before the fifth day of January in Returns to be 
each year there shall be deposited in the office of the ^ditor°of^ 
auditor of the Commonwealth, by each town and city rais- ^'mount« p^^'^- 
ing and applying money as aforesaid, a full and particular 
report, setting forth the names of the officers, soldiers and 
sailors for the aid of whom and for the aid of whose fam- 
ilies money has been applied as aforesaid, the name of the 
company and regiment and the name of the vessels in 
which such officers, soldiers and sailors respectively enlisted, 
and in which they last served, and the names and ages of 
the several persons for the aid of whom money has been 
applied as aforesaid, the relation such persons severally 
bear to such officers, soldiers or sailors, the sums paid to 
each of such persons, and the time when the same were 
paid ; and such report shall be sworn to by a majority of 
the selectmen of such town, or by the mayor and a major- 
ity of the aldermen of such city ; and after it has been 
examined and approved by said auditor, there shall be 
reimbursed annually to said city or town, from the treas- 
ury of the Commonwealth, on or before the first day of 
December in the year in which the report is made, the 
amount legally paid as aforesaid, in accordance with the 
provisions of this act ; but none of the expenses attending 



572 



1877.— Chaptek 192. 



Auditor to fur- 
nish blanks for 
returns. 



Commissioners 
to examine 
returns from 
towns and cities. 



Expenses of 
examination. 



Provisions of 
act to extend 
tillJan. 1,1880. 



the payment of said aid shall be reimbursed. The auditor 
of the Commonwealth shall, before the first day of January 
in each j'ear, furnish to the several cities and towns suit- 
able blanks for the returns required l)y this section. 

Sectiox 9. It shall be the duty of the commissioners 
constituted by section seven to inspect all such returns, 
and whenever it shall appear by the inspection thereof, or 
otherwise, that the amount paid b}'' the treasurer of any 
city or town under the provisions of this act, for any quar- 
ter or greater period of time, is at a rate which, if con- 
tinued for one year, would exceed the proportion of fifty 
f)er centum of the state tax of such city or town for the 
previous year, or if for any reason the amount so paid shall 
appear to be unreasonably large, it shall be the duty of 
said commissioners to make, or cause to be made, an 
examination of the persons or claims of persons to whom 
the same has been paid, and of the parties by whom said 
returns are made ; and in all cases of any fraud or neglect 
of duty on the part of the persons making such returns, or 
of the authorities of any city or town granting aid, said 
commissioners shall deduct from the amount claimed by 
any city or town the amount paid to any person or persons, 
when in their judgment the same should not have been 
paid under the provisions of this act, and shall certify the 
same to the treasurer and receiver-general who shall 
reimburse to said city or town only the balance thus 
designated. 

Said commissioners may appoint, as occasion may 
require, one or more disinterested persons, not exceeding 
three in number, whose duty it shall be to make the 
examinations provided for in this section, and make full 
returns of their doings to said commissioners. Such 
expenses as may be incurred in making said examination, 
inchiding such reasonable compensation to the persons 
appointed under the provisions of this section for their 
services as shall be approved by the commissioners and 
allowed by the governor and council, shall be paid out of 
the treasury of the Commonwealth. No person shall be 
appointed to make such examinations in the county where 
he may reside. 

Section 10. The provisions of this act shall continue 
till the first day of January in the year eighteen hundred 
and eighty, and no aHowances of state aid b}'- special acts 
or resolves shall be extended beyond said date. 



1877.— Chapter 193. 573 

Section 11. Chapters one hundred and seventy-two Repeal. 
and two hundred and eighty-two of the acts of the 
year eighteen hundred and sixty-six, one hundred and 
thirty-six of the acts of the year eighteen hundred and 
sixty-seven, one hundred and seven and one hundred and 
fifteen of the acts of the year eighteen hundred and sixty- 
eight, three hundred and thirty-nine and three hundred 
and eighty-eight of the acts of the year eighteen hundred 
and seventy, two hundred and ninety-nine of the acts of 
the year eighteen hundred and seventy-one, three hundred 
and twenty-four of the acts of the year eighteen hundred 
and seventy-two, except section two of said act, three 
hundred and thirty of the acts of the year eighteen hun- 
dred and seventy-four, and two hundred and nineteen of 
the acts of the year eighteen hundred and seventy-six, are 
hereby repealed. 

Section 12. This act shall take effect upon its passage. 

Approved May 4, 1877. 
An Act to establish the board of registrars of voters of the QJi^v)^ 193 

CITY of WORCESTER, AND TO REGULATE THE PREPARATION AND ^' 

revision of THE VOTING LISTS IN SAID CITY. 

Be it enacted, &c., as follows : 

Section 1. There shall be elected by the city council Registrars of 
of the city of Worcester, as soon as may be after the elected. 
passage of this act, and biennially thereafter in the month 
of February or March, one able and discreet person, an 
inhabitant of said city, who shall hold no other office or 
position by election or appointment under the government 
thereof, and who shall hold his office for two years and 
until another shall be elected in his place, who, together 
with the city clerk and the clerk of the board of assessors 
of said city, shall constitute a board of registrars of voters. 
The person elected as above shall serve as clerk of the 
board, and in case of a vacancy by reason of death, resig- 
nation or removal, the city council shall elect a person 
qualified as aforesaid to hold the office for the residue of 
the term. 

Section 2. The registrars shall, in addition to the To prepare 
duties imposed upon them by this act, perform all and voUnlustB, 
singular the duties devolved upon the mayor and aldermen 
or board of aldermen by any general or special laws which 
now are or hereafter may be in force respecting the prep- 
aration, correction, revision, publication and transmission 



574 



1877.— Chapter 193. 



Registrars to be 
Bworn. 

Compeueation. 



To prepare 
alphabetical 
lists of voters. 



Registration 
to cease at ten 
o'clock in the 
evening of 
seventh day 
preceding 
election. 



to the ward officers, of the alphabetical lists of voters to be 
used at elections in said city, and all the powers so con- 
ferred and all the duties and liabilities so imposed upon 
the mayor and aldermen or board of aldermen of said city 
in relation to the preparation, correction, revision, publi- 
cation and transmission of said lists, are hereby conferred 
and imposed exclusively upon said registrars. 

Section 3. The registrars shall, before entering upon 
the duties of their office, take and subscribe an oath faith- 
fully to perform the same. They shall receive such 
compensation as the city council may from time to time 
determine, but such compensation shall not be regulated 
by the number of names registered on any list of voters, 
and any reduction of compensation shall take effect upon 
such registrars only as shall be elected after such re- 
duction. 

Section 4. The registrars shall prepare, correct, 
revise and publish, in accordance with this act and with 
the laws of the Commonwealth, the alphabetical lists of 
voters of each ward, and the collectors of taxes of said 
city shall make the return now required by law to be made 
to the mayor and aldermen, to the board of registrars of 
voters, and all assessors and collectors of taxes of said 
city shall furnish any information in their possession 
necessary to aid the registrars in the discharge of their 
respective duties. 

Section 5. All registration of voters in said city shall 
cease at ten o'clock in the evening of the seventh day next 
preceding the day of any election ; and no name shall 
thereafter be entered on the voting lists of said city except 
as provided in section ten of chapter three hundred and 
seventy-six of the acts of the year eighteen hundred and 
seventy-four. And the registrars shall, at least twenty- 
four days previous to the day of the annual state election, 
cause notices of the time of closing, together with printed 
lists of the voters in each ward, to be posted in one or 
more places in such ward, with notices thereon stating the 
place and hours in which they will hold sessions to correct 
and revise the lists ; and such sessions shall be held in 
some place convenient to the voters, three or more hours 
daily, for at least twelve days within the twenty-four days 
immediately preceding the annual state election, and iu 
addition, six evening sessions, of at least two hours' length 
each, tehull be held within the said twenty-four days. 



1877.— Chapters 194, 195. 575 

Section 6. The registrars, before entering upon the Naturalized 
voting list the name of a naturalized citizen who is an ^^ '^^"*" 
applicant for registration, shall require him to produce for 
their inspection his papers of naturalization, and shall be 
satisfied that he has been legally naturalized, and they 
shall also require such applicant to make oath that he is 
the identical person to whom said papers were issued ; but 
they need not require the production of such papers after 
they have once examined and passed upon them.. 

Section 7. The city council shall furnish office room office room, etc, 
for the registrars, and such aid as shall be necessary for '» ^^^ f^^^^^d. 
carrying out the provisions of this act. 

Section 8. Whoever gives a false name or a false Penalty for 

, • , ^ . ii 1 J • J giving false 

answer to any registrar concerning any matter relating t« answer. 
the registration of voters, or to the right of any person to 
vote, shall incur the same penalty which is provided by 
law for giving a false name or a false answer to the select- 
men of towns when in session to correct the lists of voters. 

Section 9. Any registrar who wilfully neglects or Penalty on 
refuses to perform the duties of his office shall, for each uef lea!'^ ^°' 
offence, forfeit a sum not exceeding two hundred dollars. 

Ajyproved May 4, 1877. 

An Act to authorize the railroad commissioners to summon Qhap. 194 

WITNESSES, administer OATHS AND TAKE TESTIMONY. 

Be it enacted, &c., as folloivs : 

Section 1. The railroad commissioners in all cases May summon 
investigated by them, may summon witnesses in behalf of ^iminTter*°^ ' 
the Commonwealth, and may administer oaths and take '^''^^^^' 
testimony. The fees of such witnesses for attendance and 
travel shall be the same as for attendance before the supe- 
rior court, and shall be paid from the treasury of the Com- 
monwealth upon the certificate of said commissioners, duly 
filed with the auditor. 

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

Ai^proved May 4, 1877. 



Chap. 195 



An Act to establish an advisory board of women to the 

INSPECTORS of THE STATE ALMSHOUSE AT TEWKSBURY, THE 
STATE REFORM SCHOOL AT WESTBOUOUGH, AND OF THE STATE 
PRIMARY SCHOOlt AT MONSOX. 

Be it enacted, &c., as follows: 

Section 1. The governor, with the advice and consent Advisory board 
of the council, shall before the first day of July next apJoTted. ° 
appoint three competent women as an advisory board to 



576 



1877.— Chapter 195. 



To visit institu- 
tions as often 
as once each 
month. 



To make a 
■written report 
to the board of 
state charities. 



Annual report 
to the legisla- 
ture. 



Expenses to be 
paid by state. 



the inspectors of the state almshouse at Tewksbury, the 
state reform school at Westboroiigh, and of the state 
primary school at Monson, subject to removal in like 
manner as said inspectors, who shall hold their offices for 
the terms of one, two and three years respectively, from 
the first day of July next. Before the first day of July in 
each year, one member of said board shall be, in like man- 
ner, appointed for the term of three years from said day. 
Upon the occurrence of a vacancy before the expiration of 
a term, an appointment shall be made for the remainder 
of the term. 

Section 2. The said advisory board or some one of 
them shall visit the state almshouse, the state reform school 
gt Westborough and the state primary school, as often as 
once in each month, for the purpose of inspecting said 
institutions ; for this purpose they shall have access at all 
hours of the day or night to the portions of said institu- 
tions used or occupied by the women and children there 
maintained at the public expense, and the oflScers of said 
institutions shall furnish said advisory board with all the 
information concerning the condition and treatment of 
their inmates, which the members of said board shall 
require. 

Section 3. Said advisory board shall make a written, 
report to the board of state charities on the first day of 
each quarter, beginning with the first day of October next, 
in relation to the condition, treatm'ent and needs of the 
inmates of said institutions, with such suggestions and 
recommendations as they shall deem expedient and proper ; 
a copy of said report shall be transmitted to the inspectors 
of each institution, respectively, within seven days after it 
shall have been received by the board of state charities. 
Reports may also be made to said inspectors by said 
advisory board as often as may be deemed expedient. An 
annual report for the use of the legislature shall be made 
by said advisory board and printed with the annual report 
of the board of inspectors. 

Section 4. Said advisory board shall receive no com- 
pensation for their services, but their actual expenses, 
incurred in the discharge of their duties prescribed by this 
act, shall be paid by the Commonwealth. 

Approved May 4, 1877. 



1877.— Chapters 196, 197. 577 

An Act relating to the scituate beaches. Chap. 196 

Be it enacted, &c., as follows : 

The penalty iaiposed by section one of chapter two Material may be 
hundred and six of the acts of the year eighteen hundred puTpMea.'wUh^ 
and seventy-three, for the offence of removing material bbrcommisarJn- 
from the beaches of Scituate, shall not be incurred by the '^''s- 
inhabitants of said town who remove said material to use 
for buildinij or domestic purposes, with the consent and 
under the direction of the harbor commissioners. 

Approved May 4, 1877. 

An Act in relation to the brookline station of the new york Q/ian. 197 

AND new ENGLAND RAILROAD COMPANY. -^ 

Be it enacted, &c., as follows : 

Section 1. The board of railroad commissioners is commissioners 
hereby authorized, upon the petition of twenty legal voters JTibashmlntof 
of the town of Brookline, after due notice to the New York cypre1s"street, 
and New England Railroad Company, and such hearing as i" Brookune. 
said board shall deem expedient, if in the judgment of said 
commissioners the duties and obligations of said company 
or the public exigency require it, to order said company to 
construct within three months from the date of said order, 
and thereafter to maintain upon its railroad at or near 
Cypress Street in said Brookline, a station-house reason- 
ably commodious for the use of passengers, together with 
sufficient platforms, and containing a ticket office and 
separate apartments for men and women ; and also to stop 
at such station after said three months, all or a specified 
portion of its passenger trains crossing said Cypress 
Street. 

Section 2. In case of the neglect or refusal of said Penalty for 
company to comply with and fulfil all the requirements of py'with^ord™'. 
said order, a copy of which shall be delivered by said 
board to the president, or some other officer of said com- 
pany within ten days from its date, the supreme judicial 
court or any justice thereof, sitting in equity in any 
county, shall have full power forthAvith to make and issue 
such orders and decrees in the premises as may be neces- 
sary to compel specific performance of the terms of said 
order by said company ; and for every month's delay, 
neglect or refusal on the part of said company, to comply 
with and fulfil all the requirements of said order, said 
company shall forfeit and pay, in addition, the sum of two 
hundred dollars, to be recovered to the use of said town in 
73 



578 1877.— Chapter 198. 

an fiction of tort brought by the selectmen in the name of 
said town. 

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

Approved May 4, 1877. 

Chap, 198 -^^ ^^"^ DEFINING THE MANNER IN WHICH MUTUAL FIRE INSURANCE 

COMPANIES SHALL TRANSACT BUSINESS. 

Be it enacted, &c., as foUoivs : 
Deposit notes Sectiox 1. Mutual firc insuraucc companics Organized 

taken by mutual . ,ii i -iir-ii- 

fire insuiance or incorporated under any general or special laws or this 

companies. Commonwealth, may take deposit notes for as many times 

the cash premium upon their policies as their by-laws may 

provide ; but such notes shall not, except as hereinafter 

provided, be less in amount than three times nor more 

than ten times the said cash premium. Such notes shall 

contain a stipulation that the same are to be paid at such 

times and in such sums as the directors may order or 

assess, pursuant to the by-laws, and the said notes shall 

constitute the entire liability of the insured as a member 

of the company. 

When cash Section 2. Wheucvcr the cash assets of any company 

liabilities $50,- as aforcsald exceed the liabilities, including therein unearned 

000 and $100,000. pi-g^jj^uj^g^ j,j i\^q g^jjyj q{' ^fiy tliousaud dollars, deposit 

notes may be received for a sum equal to twice the cash 
premium, and when the cash assets exceed the liabilities 
as aforesaid in the sum of one hundred thousand dollars, 
deposit notes may be received of the same amount as the 
cash premium. Whenever any reduction shall be made in 
the deposit notes to be received, all outstanding notes in 
the possession of the company shall be reduced in the same 
ratio, that is, the liability of the makers thereof shall be 
correspondingly diminished. 
May provi.ie for SECTION 3. Mutual tirc iusuiauce comi-»anies as afore- 

ai-.-unnilatKin of 1 1 1 r i • 1 

aiuruKuient Said uiay, at a meeting called lor such purpose, provide 
for the accumulation of a permanent fund, l)y reserving 
a portion of the net profits to be invested and be a reserve 
for the security of the insured. Such reservation shall 
not exceed twenty ])er cent, of said net prolit, and when 
the fund so accumulated shall amount to one i)er cent, of 
the sum insured by all policies in force, the whole of the 
net profits shall be divided among the insured at the 
expiration of their policies. The permanent fund so 
accumtilated shall ])c drawn upon, for the })aynu'nt of losses 
and expenses, whenever the cash funds in excess of au 



1877.— Chapter 199. 579 

amount equal to the liabilities as aforesaid are exhausted, 
and whenever the said fund shall be drawn upon, the 
reservation of profits as aforesaid shall be renewed or 
continued until the limit of accumulation as herein provided 
is reached. 

Section 4. IMutual fire insurance companies incor- companies 
porated under any special laws of this Commonwealth, forperct^iuge 
which have heretofore conducted their business upon the aLesthi|"as 
plan of takinu; deposit notes for a percenta2:e of the amount losses occur, 

1 » _ 1 _ _ 1 _ O may continue 

insured by their policies, and making a call or assessment the system. 
upon said notes for the payment of losses and expenses as 
the same are incurred, may continue such system of busi- 
ness, and the note of the party insured shall constitute his 
entire liability as a member of the company. 

Section 5. The provisions of this act shall not apply Not to apply 

, i 1 /5 • • • 1 -ii to companies 

to mutual nre insurance companies organized with a guar- with auarantee 
antee capital under the provisions of chapter three hundred '^'^i"'^'- 
and seventy-five of the acts of the year eighteen hundred 
and seventy-two. 

Section 6. Mutual fire insurance companies insuring May insure 
manufiicturing property only, may insure such property ™roperty"^n'"^ 
situated in any of the states of the United States : provided, other states. 
it is done in compliance w^ith the laws of such other states. 

Section 7. This act shall take eflfect on the first day To take effect 
of July next, and all acts and parts of acts inconsistent "'^ i> ^ ' • 
herewith are hereby repealed. Approved May 8, 1877. 

An Act to provide for a final settlement of probate njian 199 

ACCOUNTS. ^ ' 

Be it enacted, &c., as follows : 

Section 1. When upon the filing of any account by a settlement of 
trustee or guardian in the probate court, or at the hearing giwdi'ans^Ld 
thereon, it appears to the court that the interest of any ^^^^ees, 
person unborn, unascertained or otherwise legally incom- 
petent, is not represented otherwise than by the account- 
ant, the court may, and upon the request of any person Guardian acz 
interested shall, appoint some competent and disinterested ^*'""' 
person to act as guardian ad litem or next friend for such 
person, to represent his interest in the case. 

Section 2. Such person so appointed shall make oath Person appoint- 
to perform his duty faithfully and impartially, and shall be "' ^° 
entitled to such reasonable compensation for his services 
as the court may allow. 

Section 3. The decree of the court havins; jurisdiction, Decree of court 
allowing any account of a trustee or guardian, shall be '°^'''^""^'^'- 



580 



1877.— Chapter 200. 



Office of coroner 
abolished. 

Medical ex- 
aminers to be 
appointed. 



final and conclusive, against all persons interested who are 
of lawful ago and legally competent, and have had actual 
notice of the same, unless an appeal therefrom is taken 
within thirty days thereafter, except in case of any fraud- 
ulent concealment by such accountant. 

Approved May 8, 1877. 
Chap. 200 An Act to abolish the office of cokoner and to provide 

FOR MEDICAL EXAMINATIONS AND INQUESTS IN CASES OF DEATH 
BY VIOLENCE. 

Be it enacted, &c., as folloius : 

Section 1. The offices of coroner and special coroner 
are hereby abolished. 

Section 2. The governor shall nominate and by and 
with the advice and consent of the council shall appoint, 
in the county of Suffolk not exceeding two, and in each 
other county not exceeding the number to be designated 
by the county commissioners as hereinafter provided, able 
and discreet men, learned in the science of medicine, to be 
medi(^d examiners ; and every such nomination shall be 
made at least seven days prior to such appointment. 

Section 3. In the county of Suffolk each medical 
examiner shall receive, in full for all services performed 
by him, an annual salary of three thousand dollai's, to be 
paid quarterly from the treasury of said county ; and in 
other counties they shall receive for a view without an 
autopsy, four dollars ; for a view and autopsy, thirty dol- 
lars ; and travel at the rate of five cents per mile to and 
from the place of the view. 

Section 4. Medical examiners shall hold their offices 
for the term of seven years from the time of appointment, 
but shall be liable to removal from office at any time by 
the governor and council for cause shown. 

Section 5. Each medical examiner, before entering 
upon the duties of his office, shall be sworn and give bond, 
with sureties in the sum of five thousand dollars, to the 
treasurer of the county, conditioned for the faithful per- 
formance of the duties of his office. If a medical examiner 
neglects or refuses to give bond as herein required, for the 
period of thirty days after his appointment, the same shall 
be void and another shall be made instead thereof. 

Section 6. The county commissioners in each county 
shall, as soon as may be after the passage of this act, 
divide their several counties into suitable districts for tho 



Medical examin- 
ers in Suflblk — 
Salary. 



Examiners to 
hold office for 
seven years. 



To be Bworn 
and give bond. 



Convmissionera 
to divide coun- 
ties into dis- 
tricts. 



1877.— Chapter 200. 581 

appointment of one medical examiner in each district 
under this act; and when such division is made, shall 
at once certify their action to the secretary of the Com- 
monwealth, who shall lay such certificate before the gov- 
ernor and council ; but nothing herein shall prevent any 
medical examiner from acting as such in any part of his 
county. 

Section 7. Medical examiners shall make examina- to make exam- 
tions as hereinafter provided, upon the view of the dead IhfviewX'* 
bodies of such persons only as are supposed to have come dead bodies. 
to their deatli by violence. 

Section 8. Whenever a medical examiner has notice To make an 
that there has been found or is lying within his county, the belnrJui'y'"" 
dead body of a person who is supposed to have come to a"^^""^'^'!- 
his death by violence, he shall forthwith repair to the place 
where such body lies and take charge of the same ; and if 
on view thereof and personal inquiry into the cause and 
manner of the death, he deems a further examination neces- 
sary, he shall, upon being thereto authorized in writing by 
the district attorney, mayor or selectmen of the district, 
city or town where such body lies, in the presence of two 
or more discreet persons, whose attendance he may com- 
pel by subpoena if necessary, make an autopsy, and then 
and there carefully reduce or cause to be reduced to writ- 
ing every fact and circumstance tending to show the con- 
dition of the body, and the cause and manner of death, 
together with the names and addresses of said witnesses, 
which record he shall subscribe. Before making such 
autopsy he shall call the attention of said witnesses to the 
position and appearance of the body. 

Section 9. If upon such view, personal inquiry or to notify dis. 
autopsy, he shall be of opinion that the death was caused et'J!! if hi wf ' 
by violence, he shall at once notify the district attorney ^^IslfauslTby 
and a justice of the district, police or municipal court for violence. 
the district or city in which the body lies, or a trial justice, 
and shall file a duly attested copy of the record of his 
autopsy in such court, or with such justice, and a like 
copy with such district attorney; and shall in all cases To notify city 
certify to the clerk or registrar having the custody of the "'■^o^"°'^* 
records of births, marriages and deaths in the city or town 
in which the person deceased came to his death, the name 
and residence of the person deceased, if known, or a 
description of his person, as full as may be for identifica- 
tion, when the name and residence cannot be ascertained, 



582 



1877.— Chapter 200. 



Court or trial 
justice to liold 
inquest. 



Distrietattorney 
or attorney-gen- 
eral may direct 
inquest to be 
held. 



Witnesses may 
be summoned, 
and allowed 
pay- 



Justice to re- 
port when, 
where and liy 
what means 
deceased came 
to his death. 



Witnesses may 
be bound over, 
if murder or 
mansla\igliter 
has been com- 
mitted. 



Justice to issue 
process for ar- 
rest of person 



together with the cause {ind manner in and by which the 
person deceased came to his death. 

Section 10. The court or trial justice shall thereupon 
hold an inquest, which may be private, in which case any 
or all persons other than those required to be present by 
the provisions of this chapter, may be excluded from the 
place where the same is held ; and said court or trial 
justice may also direct the witnesses to be kept separate, 
so that they cannot converse with each other until they 
have been examined. The district attorney or some person 
designated by him, may attend the inquest and may 
examine all witnesses. An inquest shall be held in all 
cases of death by accident upon any railroad ; and the 
district attorney or the attorney-general may direct an 
inquest to be held in the case of any other casualty from 
which the death of any person results, if in his opinion 
such inquest is necessary or expedient. 

Section 11. The justice or district attorney may issue 
subpoenas for witnesses, returnable before such court or 
trial justice. The persons served with such process shall 
be allowed the same fees, and their attendance may be 
enforced in the same manner, and they shall be subject to 
the same penalties, as if served with a subpcrna in behalf 
of the Commonwealth in a criminal prosecution pending 
in said court, or before said trial justice. 

Section 12. The presiding justice or trial justice 
shall, after hearing the testimony, draw up and sign a 
report in which he shall find and certify when, where and 
by what means the person deceased came to his death, his 
name if known, and all material circumstances attending 
his death ; and if it appears that his death resulted wholly 
or in part from the unlawful act of any other person, ho 
shall further state, if known to him, the name of such person 
and of any person whose unlawful act contributed to such 
death, which report he shall file with the records of the 
superior court in the county wherein the inquest is held. 

Section 13. If the justice finds that murder, man- 
slaughter, or an assault has been committed, he may bind 
over, as in criminal prosecutions, such witnesses as he 
deems necessary, or as the district attorney may designate, 
to appear and testify at the court in which an indictment 
for such oHence may be found or presented. 

Section 14. If a person charged by the report with 
the commisssion of any ollencc is not in custod}', the 



1877.— Chapter 200. 583 

justice shall forthwith issue process for his apprehension, charged with 
and such process shall be made returnable before any TsqZT^^^^^ 
court or magistrate having jurisdiction in the premises, 
who shall proceed therein in the manner required by law ; 
but nothing herein shall prevent any justice from issuing 
such process before the tindiug of such report if it be 
otherwise hiwful to issue the same. 

Section 15. If the medical examiner reports that the inquest may be 
death was not caused by violence, and the district attorney Met a'ttorney*' 
or the attorney-general shall be of a contrary opinion, geaerai?^^" 
either the district attorney or the attorney-general may 
direct an inquest to be held in accordance with the provi- 
sions of this act, notwithstanding the report, at which 
inquest he, or some person designated by him, shall be 
present and examine all the witnesses. 

Section 16. The medical examiner may, if he deems chemist may 
it necessary, call a chemist to aid in the examination of examhiauon o^f 
the body or of substances supposed to have caused or ^°'^^' ^'°" 
contributed to the death, and such chemist shall be entitled 
to such compensation for his services as the medical 
examiner certifies to be just and reasonable, the same being 
audited and allowed in the manner herein provided. The 
clerk or amanuensis, if any, employed to reduce to writing 
the results of the medical examination or autopsy, shall be 
allowed for his services two dollars per day. 

Section 17. When a medical examiner views or makes Examiner to 
an examination of the dead body of a stranger, he shall be"buried.^ ''^ 
cause the body to be decently buried ; and if he certifies 
that he has made careful inquiry, and that to the best of 
his knowledge and belief the person found dead is a stranger, 
having no settlement in any city or town of this Common- 
wealth, his fees, with the actual expense of burial, shall 
be paid from the treasury of the Commonwealth. In all 
other cases the expense of the burial shall be paid by the 
city or town, and all other expenses by the county, wherein 
the body is found. 

Section 18. When services are rendered in bringing Services ren- 
to land the dead body of a person found in any of the iil^toianddea^d 
harbors, rivers or waters of the Commonwealth, the w^aerfmaybe 
medical examiner may allow such compensation for said compensated. 
services as he deems reasonable, but this provision shall 
not entitle any person to compensation for services ren- 
dered in searching for such dead body. 



584 



1877.— Chapter 200. 



Examiner to 
take charge of 
money, etc., 
found upon or 
near boily. 



Penalty for 
neglecting to 
• give lip property 
three days after 
demand. 



Account of fees 
and expenses to 
be rendered to 
county commis- 
sioners. 



When eherifl' is 
a party to a suit, 
sheriff of adjoin- 
ing county may 
serve process. 



When office of 
sherilfis vacant, 
duties to be per- 
formed by senior 
deputy. 



Section 19. In all cases arising under the provisions 
of this act, the medical examiner shall take charge of any 
money or other personal property of the deceased, found 
upon or near the body, and deliver the same to the person 
or persons entitled to its custody or possession ; but if 
not claimed by such person Avithiu sixty days, then to a 
public administrator, to be administered upon according 
to law. 

Section 20. Any medical examiner who shall fraudu- 
lently neglect or refuse to deliver such property to such 
person within three days after due demand upon him 
therefor, shall be punished by imprisonment in the jail or 
house of correction not exceeding two years, or by fine 
not exceeding five hundred dollars. 

Section 21. The medical examiner shall return an 
account of the expenses of each view or autopsy, including 
his fees, to the county commissioners having jurisdiction 
over the place where the examination or view is held, or 
in the county of Sufiblk to the auditor of the city of 
Boston, and shall annex thereto the written authority 
under which the autopsy was made. Such commissioners 
or auditor shall audit such accounts and certify to the 
treasurer of the Commonwealth, or the treasurer of the 
county, as the case may be, what items therein are deemed 
just and reasonable, which shall be paid by said treasurer 
to the person entitled to receive the same. 

Section 22. Whenever any sheriff is a party to a suit 
or proceeding, or otherwise disqualified to act therein, the 
sheriii* or a deputy sherifi' of any adjoining county may 
serve and execute all writs and precepts and perform all 
duties of such sheriff which he is disqualified to perform, 
and may serve and execute all such writs and precepts 
wherein any county, town, parish, religious society or 
school district is a party or interested, notwithstanding he 
is at the time a member of such corporation. 

Section 23. Whenever a vacancy occurs in the ofnce 
of sheriff in any county, the senior deputy sheriff in service 
shall perform all the duties required by law to i)e performed 
by the sherifi', until the office of sheriff is filled in the 
manner required by law, giving bond as now required by 
law of sherifis. And in case of such vacancy, the deputies 
of the sheriff vacating the office shall continue to have and 
exercise the power of deputy sherifis until said office is 
filled as aforesaid. 



1877.— Chapters 201, 202. 585 

Section 24. Sections seventy-five, seventy-six and Repeal, 
seventy-seven of chapter seventeen, section one hundred 
of chapter sixty-three, and section eighteen of chapter one 
hundred and sixty-three of the General Statutes, are 
hereby amended by substituting for the word " coroner," 
wherever the same occurs, the words " medical examiner," 
and for the word "coroners," the words "medical exam- 
iners." The second clause of section fifty-two and sections 
seventy-four, seventy-eight, seventy-nine and eighty of 
chapter seventeen of the General Statutes, chapter one 
hundred and seventy-five of the General Statutes, chapter 
one hundred and thirteen of the acts of the year eighteen 
hundred and sixty-one, chapter one hundred and seventy- 
two of the acts of the year eighteen hundred and sixty-two, 
chapter twenty-eight of the acts of the year eighteen 
hundred and sixty-four, chapter two hundred and forty-one 
of the acts of the year eighteen hundred and seventy-one, 
and chapter one hundred and fifteen of the acts of the year 
eighteen hundred and seventy-six, and all other acts and 
parts of acts inconsistent herewith, are hereby repealed. 

Section 25. For the purposes of the appointment and ^.y^" '° *'*'^® 
qualification of medical examiners and the action of the 
county commissioners herein provided for, this act shall 
take effect npon its passage, and it shall take full effect on 
the first day of July next. Approved May 9, 1877. 

An Act relating to the engrossment of bills and resolves. CJiav. 201 
Be it enacted, &c., as folloios: 

Section twenty-two of chapter two of the General ^."?[|jf^^"' 
Statutes is hereby so fiir amended that after the present resolves. 
year bills shall be engrossed with a margin of not less than 
one inch wide on each side, and the size of each sheet shall 
be eighteen inches long by thirteen inches wide ; resolves 
shall be engrossed on sheets fifteen inches long by ten 
inches wide. Apjjroved May 9, 1877. 

An Act relative to the employment of persons confined at Q/^ap. 202 

DEER island AND RAINSFORD'S ISLAND IN BOSTON HARBOR. ■^* 

Be it enacted, &c., as folloios : 

Section 1. It shall be lawful for the city of Boston to city of Boston 
erect, upon the "Winthrop Farm" so called, now owned "gnrwin*^' 
by the city of Boston, and situated in the town of Win- winth^oT '" 
throp, buildings for the use of such of the persons confined 
in the house of industry at Deer Island, and of the inmates 

74 



586 



1877.— Chapters 203, 204. 



Inmatesofhouse 
of industry and 
almsliousu may 
be employed on 
farm. 



Escape during 
transportation. 



Farm not ex- 
empt from 
taxation. 



of the almshouse on Rainsford's Island, in Boston Har- 
bor, as may be employed to advantage in work upon said 
farm. 

Section 2. It shall be lawful for the authorities having 
charge of the persons so confined, and of the said inmates 
of the almshouse, to cause them from time to time to be 
transported to said "Wiuthrop Farm," and to be placed 
in said' buildings, and employed upon said farm, and to be 
transported back, and the persons so confined shall be 
deemed during their transportation to said "Winthrop 
Farm," their stay thereon and their transportation back, to 
be within the limits of the said house of industry, and shall 
not be deemed to have committed an escape. But if any 
person so confined shall during said transportation to said 
"Winthrop Farm," his stay thereon or his transportation 
back, escape from the control of such authorities, he shall 
be deemed to have committed an escape, and be liable to 
the penalties therefor. 

Section 3. Nothing contained in this act shall be con- 
strued to exempt said fiirm from taxation by the town of 
Wiuthrop. 

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

Approved May 9, 1877. 

Chap. 203 An Act to fix the salary of the first clerk in the insur- 
ance DEPARTMENT OF THE COMMONWEALTH. 

Be it enacted., &c., as follows : 

Section 1. The first clerk in the insurance department 
of the Commonwealth shall receive a salary of two thou- 
sand dollars per annum. 

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

Approved May 9, 1877. 

Chajp. 204 An Act to amend an act concerning associations for relig- 
ious, CHARITABLE, EDUCATIONAL AND OTHER PURPOSES. 

Be it enacted, &c., as follows: 

Section 1. Associations now or hereafter organized 
under chapter three hundred and seventy-five of the acts 
of the year eighteen hundred and seventy-four, may, for 
the purpose of assisting the widows, orphans or other 
dependents of deceased members, provide in their by-laws 
for the payment by each member of a tixcd sum, to be 
held by such association until the death of a member 
occurs, then to be forthwith paid to the person or persons 



Salary estab- 
lished. 



Payment of 
fixed sum by 
each mt'mber, 
to be paid over 
when death 
occurs. 



1877.— Chapter 205. 587 

entitled thereto, and such fund so held shall not be liable Notiiabieto 

.,,, jixi ii 1 • attachment. 

to attachment by trustee or other process ; and associa- 
tions may be formed under said act for the purpose of Associations 

■, . "^ . . j^i I'ji may be formed 

rendering assistance to the persons and in the manner for rendering 
above specified; but no snch association organized or ^""'^ '"'''"**''"*'®' 
formed as aforesaid shall hold at one time more than three 
thousand dollars for the purpose herein mentioned. 

Section 2. The provisions of the general laws relating Laws relating to 
to life insurance companies shall not be held to be appli- not to apply. 
cable to such beneficiary corporations. 

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

A^Wfoved May 9, 1877. 

An Act making appropriations to meet certain expenditures (JJicn), 205 

AUTHORIZED THE PRESENT YEAR, AND FOR OTHER PURPOSES. ^ ' 

Be it enacted, <fcc., as follows : 

Section 1. The sums hereinafter mentioned are appro- Appropriations. 
priated to be paid out of the treasury of the Common- 
wealth, from the ordinary revenue, for the purposes 
specified in certain acts and resolves of the present year, 
and for other purposes, to wit : — 

In the act, chapter twenty-seven, fixing the salary of the secretary- 
second clerk in the department of the secretary of the 
Commonwealth, the sum of two hundred dollars, to be in 
addition to the appropriation heretofore made for the 
present year. 

In the resolve, chapter two, to furnish certain books and ^ownof 

1 /• -» /r • T Mernraac. 

documents to the town of Merrnnac, a sum not exceeding 
three hundred dollars. 

In the resolve, chapter seven, in favor of Osborne E. S'^^??" 

-r-, "^ ,. . ■ T 11 E. Eaton. 

Eaton, a sum not exceeding ninety-six dollars. 

In the resolve, chapter eight, in favor of Mary Fisher, Mary Fisher. 
the sura of ninety-six dollars. 

In the resolve, chapter nine, in favor of the Farr Alpaca Farr Alpaca 
Company of Holyoke, the sum of six hundred and forty "^P''"^" 
dollars. 

In the resolve, chapter eighteen, in favor of Patrick Patrick 
O'Riordan, the sum of five hundred dollars. 

In the resolve, chapter twenty-two, in favor of dis- Discharged fe- 

IT/.!. . ^• iiCi. male prisoners. 

charged female prisoners, a sum not exceeding ntteen 
hundred dollars. 

In the resolve, chapter twenty-four, in favor of the Eye and Ear 
Massachusetts Charitable Eye and Ear Infirmary, the sum "*""™'*'"y- 
of ten thousand dollars. 



588 



1877.— Chapter 205. 



School for 
Idiotic and 
Feeble-minded 
Youth. 



Edgar E. 
Burrilt. 



Benjamin 
Huddcll. 



John Sullivan. 



Catherine 
A. Britt. 



Industrial 
Bchool. 



Lewis Gaul. 



Educational 
expenses. 



Census and 
statistics of 
industry. 



State primary 
Bchool. 



William R. Fish, 

Jane Parks. 
James Burke. 
Philip Mackcy. 



State normal 
Bcliools. 



In the resolve, chapter twenty-three, in fjivor of the 
Massachusetts School for Idiotic and Feeble-minded Youth, 
the sum of eight thousand live hundred dollars, in accord- 
ance with the provisions of said resolve. 

In the resolve, chapter twenty-six, in favor of Edgar E. 
Burritt, the sura of three hundred and twenty-five dollars. 

In the resolve, chapter twenty-seven, in favor of Benja- 
min Iluddell, the sum of nineteen dollars and forty-three 
cents. 

In the resolve, chapter twenty-eight, in favor of John 
Sullivan, the sum of one hundred dollars. 

In the resolve, chapter twenty-nine, in favor of Catherine 
A. Britt, the sura of forty-eight dollars. 

In the resolve, chapter thirty-four, in favor of the indus- 
trial school for girls, at Lancaster, the sura of fifteen hun- 
dred dollars. 

In the resolve, chapter thirty-five, in ftivor of Lewis 
Gaul, the sum of one hundred and ten dollars. 

In the resolve, chapter thirty-six, providing for the pay- 
ment from the treasury of certain educational expenses, a 
sum not exceeding ei^ht thousand six hundred and three 
dollars and twenty-eight cents. 

In the resolve, chapter thirty-eight, providing for the 
printing, binding and distribution of additional copies of 
the decennial census and statistics of industry, a sum not 
exceeding six thousand dollars. 

In the resolve, chapter forty, in favor of the state 
primary school at Monson, a sum not exceeding five thou- 
sand dollars, in accordance with the provisions of said 
resolve. 

In the resolve, chapter forty-three, in favor of William 
R. Fish, the sura of four hundred and eighty dollars and 
sevonty-ono cents. 

In the resolve, chapter forty-four, in favor of Jane 
Parks, the sura of two hundred dollars. 

In the resolve, chapter forty-five, in ftivor of James 
Burke, the sum of one hundred dollars. 

In the resolve, chapter forty-six, in favor of Philip 
Mackey, the sura of one hundred dollars. 

In the resolve, chapter forty-seven, in favor of the state 
normal schools at Framingham, Salera and Westtield, a 
sura not exceeding three thousand six hundred and ft)ur- 
teen dollars and fifty-three cents, in accordance with the 
provisions of said resolve. 



1877.— Chaptek 205. 589 

In the resolve, chapter forty-eight, in favor of the sol- soidiers' em. 
diers' employment bureau, the sum of three thousand bureau" 
dollars. 

For editing the registration report under direction of Registration 
the secretary of the Commonwealth, a sum not exceeding ''^^'"^ ' 
five hundred dollars. 

For expenses incurred by the railroad commissioners in Railroad com. 
the examination of the New York and New England Rail- "'®'''°"^'*- 
road Company, under an order of the present legislature, 
the sum of two hundred and fifteen dollars and fifty 
cents. 

For the compensation of the state detectives, a sum not state detectives. 
exceeding eight thousand dollars ; for travelling expenses 
actually paid by said detectives, a sum not exceeding 
two thousand dollars, and for incidental and contingent 
expenses, a sum not exceeding one thousand five hundred 
dollars ; said sums to be in addition to the appropriations 
heretofore made for the present year. 

For expenses incurred in the arrest of fugitives from Fugitives from 
justice, a sum uot exceeding one thousand dollars, to be """^ "^^' 
in addition to the appropriation heretofore made for the 
present year. 

For the rent of armories, a sum uot exceeding eight Rent of 
thousand dolhirs, to be in addition to the appropriations ' ' 
heretofore made for the present 3^ear. 

For the compensation of the employes at the state Employes 
arsenal, a sum not exceeding three hundred dollars, to be '^ 
in addition to the appropriation heretofore made for the 
present year. 

For printing and binding the "militia law," the unex- Miiitiaiaw. 
pended balance of the appropriation made the previous 
year, may be held applicable thereto. 

For expenses of the agent for the sick of the state poor, sick state poor. 
a sum not exceeding one thousand dollars, to be in addi- 
tion to the appropriation heretofore made for the present 
year. 

For expenses incurred in connection with small-pox and 5'ggfg®g°"^ 
other diseases dangerous to the public health, a sum not 
exceeding two thousand dollars, to be in addition to the 
appropriation heretofore made for the present year. 

For the support and tuition of state beneficiaries in the Boston school 

-r> , 1 1 /• 1 ji i • • .for deaf mutes. 

Boston school tor deat mutes m previous years, a sum not 
exceeding two thousand three hundred and thirty-five dol- 
lars and forty-four cents, which may be allowed and paid. 



590 



1877.— Chapter 206. 



Massachusetts 
lufaut Asylum. 



No. 33 rcmlier. 
tou Square. 



Chap. 206 



Cliallenging 
t}ie right to 
vote, in a city. 



Challenging 
the right to 
vote, in a town. 



For the reimbursement of the Massachusetts infant asy- 
lum for the support during the previous year, of infants 
having no known settlement in this Commonwealth, a sum 
not exceedins^ three hundred and eisjhtv-seven dollars and 
fifty-eight cents. 

For expenses incurred during the previous year, in con- 
nection with house number thirty-three Pemberton Square, 
a sum not exceeding one hundred and sixty-five dollars 
and forty-six cents. 

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

Ai^yroved May 11, 1877. 

An Act in amendment of an act relating to elections. 
Be it enacted, &c., as follows: 

Section 1. Whenever in any election in a city the 
right of any person offering to vote is challenged for any 
cause recognized by existing laws, it shall be the duty of 
the warden or presiding officer to require the name and 
residence of the person so offering to vote to be written 
upon the ballot so oflered and challenged, either by him- 
self or some person in his behalf, and the warden or pre- 
siding officer shall add thereto the name of the person 
challenging the same and the cause assigned therefor, 
before such ballot shall be received ; and if such ballot 
shall be oflered scaled, the writing as aforesaid may be 
upon the envelope covering the same, and the warden or 
other presiding officer, in the presence of the clerk and at 
least one inspector, shall mark and designate such ballot 
by writing thereon the name of the person by whom it was 
cast, before it is counted, and at the close of the election 
the same shall be returned to the envelope in which it was 
deposited : provided, that nothing contained in this act 
shall be so construed as to permit ward officers to receive 
any vote Avhich by existing laws they are required to 
refuse. 

Section 2. When the right of a person oflering a 
ballot at any election in towns, for officers other than town 
officers, is challenged for any cause recognized by exist- 
ing laws, the selectmen, if they receive the same, shall 
require the name and residence of the voter to be written 
thereon, either by himself or b}'' some one in his behalf, 
and they shall add thereto the name of the challenger and 
the cause assigned for challenging. And if such ballot 
shiiU be oflered sealed, the writing as aforesaid may be 



1877.— Chaptees 207, 208. 591 

upon the envelope covering the same, and the selectmen 
shall mark and designate such ballot by writing thereon 
the name of the person by whom it was cast, before it is 
counted, and at the close of the election the same shall be 
returned to the envelope in which it is deposited. 

Section 3. Whoever wilfnlly or negligently violates Penalty. 
the provisions of this act shall be punished by a fine of not 
less than twenty or more than two hnndred dollars, or by 
imprisonment in the county jail for a term not exceeding 
one year. 

Section 4. Sections forty-four and forty-nine of chap- Repeal. 
ter three hundred and seventy-six of the acts of the year 
eighteen hundred and seventy-four are hereby repealed : 
provided, that nothing contained in this act shall ati'ect any Proviso. 
prosecution pending or any penalty or forfeiture incurred 
before this act takes eflect. Approved May 11, 1877. 

An Act to extend the times for the assessment of taxes, (JJian. 207 

AND FOR registering VOTERS IN PARTICULAR WARDS OF CITIES. 

Be it enacted, &c., as follows : 

Section 1. Section six of chapter three hundred and Assessment 

/•I f I •! 1111 of taxes iipon 

seventy-Six of the acts of the year eighteen hundred and poUs and estate. 
seventy-four, is hereby amended by striking out the words 
" fifteenth day of September," and inserting in place there- 
of the words "lirst day of October," and by striking out 
the word "first" before the words " day of October," and 
inserting in place thereof the word "fifth." 

Section 2. Section three of chapter two hundred and Assessment in 

. /.. •! 1111 ^"^ wrong ward 

twenty-nve oi the acts of the year eighteen liundred and may be rectified. 
seventy-six is hereby amended by striking out the word 
"September" wherever it occurs and inserting in place 
thereof the word " October." 

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

Approved May 11, 1877. 

An Act to provide for the keeping of registers of voters (JJiap. 208 

IN TOWNS. 

Be it enacted, &c., as follows : 

Section 1. The selectmen of each town shall make and Registers of 
keep a record of all persons entitled to vote therein at any kept in towns. 
election for town, county, state or national officers, which 
shall be known as a Resjister of Voters. 

Section 2. Said register shall contain the names of to contain 
such voters written in full, the street or place in the town "uTuU^tc. ^" 
where each resides at the time of registration, each voter's 



592 



1877.— Chapter 209. 



Name not to be 
added to voting 
list until record- 
ed in register. 



Books to be 
furnished to 
towns at cost 
price. 



occupation, and such other specifications as may be neces- 
saiy to fully identify the persons named, and the date of 
registration. 

Section 3. No name shall be added to a voting list in 
any town until it has been recorded in said register, and 
none shall be added to a list of voters in use at any elec- 
tion after the opening of the polls, except to correct a 
clerical error or omission, and all names on voting lists 
shall be written or printed in full. 

Section 4. The secretary of the Commonwealth shall 
furnish to each town, at* cost price, on or before the first 
day of July in the current year, suitable blank books for 
said refyistration, and thereafter said registers shall be uni- 
form in character, and such books shall contain seven blank 
columns with uniform headinsfs in the followins: form : — 













































s 








"O . 


































Ml 


NAME. 


1 


5 


a O 

u p. 


g o 

o > 


Remarks. 


c 




■a 


c 


C 03 






J3 






o 


i' 



















Approved May 11, 1877. 



Chap. 209 



Inspectors 
of olociions 
in cities. 



Removal from 
oflice. 



An Act relating to ward officers in cities. 
Be it enacted, &c., as folloivs : 

Section 1. The mayor and aldermen of every city, 
except Boston, shall, prior to the first day of November in 
the present year, elect for each ward of such city, three 
inspectors of elections, who shall be qualified voters and 
inhabitants in such ward. One of said inspectors shall 
hold his office for one year, one for two years, and one for 
three years, from said first day of November ; and in each 
year atter the present, the mayor and aldermen shall, 
before the first day of November, elect for each ward of 
the city, one inspector of elections, who shall be a qualified 
voter and iiihabit:(nt in such ward, and shall hold otfice for 
three years from the first day of November, then next suc- 
ceeding. Any such inspector may be at any time removed 
from otfice by a vote of two-thirds of the board of alder- 
men of the city, and any vacancy occurring in the office 
of said inspectors shall be tilled for the residue of the term 



1877.— Chapter 209. 593 

of the inspector whose place is to be filled, by election, as 
above provided. 

Section 2. Such inspectors of elections before enter- to be sworn. 
ing upon the duties of their olfice, shall take and subscribe 
an oath faithfully and impartially to discharge such duties ; 
which oath may be administered by the city clerk of the 
city, or by any justice of the peace, and a record made 
thereof in the office of the city clerk. 

Section 3. It shall be the duty of such inspectors to Duties. 
attend at the times and places designated for meetings in 
their respective wards, for the 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 perform such duties as 
are required of inspectors of election in cities under exist- 
ing laws. 

Section 4. Such inspectors of elections shall receive Compensation. 
such compensation for each day's actual service as the city 
council of their respective cities may from time to time 
determine, and shall be subject to all the penalties to which 
ward officers are subject under general laws. 

Section 5. No ballots shall be received at any election Baiiots not to be 
until at least two of said inspectors are present, nor until two^hfap^ctoTs^ 
each of them who is present has ascertained, by personal ^'^ present. 
examination, that the ballot-boxes are empty. While an 
election is going on, each ballot-box shall be in the imme- Each baiiot-box 
diate charge of two inspectors, one from the inspectors two^ilfspector^s? 
elected under the provisions of this act, and one from the 
inspectors elected by the voters of the ward, during the 
whole time the ballots are received in that box : provided, Proviso. 
that whenever, in consequence of the absence of any of 
said inspectors at any election, the provisions of this sec- 
tion cannot be complied with within thirty minutes from 
the hour named in the warrant for the opening of the polls, 
then the election shall proceed, notwithstanding such pro- 
visions. 

Section 6. This act shall not take effect in any city Subject to 
until it shall have been accepted by the mayor and alder- dty^councu. ^ 
men and common council of such city by concurrent vote. 

Section 7. All acts and parts of acts inconsiste;it with Repeal. 
this act are hereby repealed ; but this act shall not be con- 
strued to repeal any provisions of law which provide for 
the election of inspectors of elections by the voters of 
wards. Approved May 11, 1877. 

75 



594 



1877.— Chapter 210. 



CJiap. 210 



Clerks to be 
appointed by 
governor. 



To hold office 
for five years. 

Proviso. 



Sal.iries of 
judges and 
clerks to be 
paid by the 
counties. 



Accounts of 
clerks to be 
audited by 
judges. 



Jurisdiction of 
distriot and 
police courts. 



An Act concerning district, police and municipal courts. 
Be it enacted, &c., as follows : 

Section 1. All clerks of district, police and municipal 
courts who are now by law required to be appointed by 
the governor or elected by the people, shall hereafter be 
appointed by the governor, with the advice and consent of 
the council, and all clerks of district and police courts 
shall hold their offices for the term of five years : jprovided, 
hoivever, that the present clerks of district and police 
courts shall hold their several ofiices for the term for 
which they have been commissioned, except those whose 
terms are not limited to a certain number of years, and 
such clerks shall hold their offices for the term of five 
years from and after the time when this act takes eficct. 

Section 2. The salaries of all judges and clerks of 
district, police and municipal courts, and all the expenses 
of said courts, shall after the current year be paid by the 
several counties in which they are established, and no fees 
shall be received by said judges or clerks to their own 
use for any services rendered by them in any capacity in 
receiving complaints or issuing warrants, subpaMias, mitti- 
muses or other processes, or as trial justices of juvenile 
offenders ; but all such fees shall be paid over once in 
three months by said judge or clerk to the county in 
which such court is established : jji^ovided, that nothing 
herein contained shall be construed as requiring the pay- 
ment to the county of any moneys which are payable 
under existing laws to cities or towns. 

Section 3. The accounts of every clerk of a district 
or police court shall at least once in every three months 
be examined and audited by the judge of said court, 
and an exact detailed statement of the receipts and 
expenditures of said clerk during said three months, with 
the certificate of said judge of the result of said examina- 
tion, shall be immediately transmitted to the county 
treasurer. 

Section 4. The several district and police courts of 
the Commonwealth shall hereafter, within the territory 
over ^yhic•h they have jurisdiction, have original and con- 
current jurisdiction witli. the superior court of all actions 
of contract, tort or replevin, where the debt or damages 
demanded or the value of the property alleged to be 
detained is more than twenty and does not exceed three 
hundred dollars ; and shall have exclusive original juris- 



1877.— Chapter 211. 595 

diction of all actions of contract and tort wherein the debt 
or damages demanded do not exceed the sum of twenty- 
dollars. 

Section 5. The several district, police and municipal courts to have 
courts shall have and exercise within the districts under justices of juve- 
the jurisdiction thereof, all the power, authority and juris- "'^° 
diction that trial justices of juvenile offenders now have ; 
but such offenders shall be tried separate and apart from 
the trial of other criminal cases, at suitable times to be 
designated therefor by said courts, to be called the session 
for juvenile offenders, of which session a separate record 
and docket shall be kept. 

Section 6. District and police courts shall have the May issue com- 

i.i'.j.« •• iiii • i.' • missions to take 

same authority to issue commissions to take depositions in depositions, 
cases pending therein that the superior court now has in 
cases pending in that court. 

Section 7. Sections one and two of this act shall ^gPP°^^*"'fg"V'^ 
apply to assistant clerks of district, police and municipal 
courts, and section two shall apply to the special justices 
of said courts when acting in the place of the judge there- 
of: provided, that the compensation to the special justices compensation of 

t. , f ' -\ 1 ' • special justices. 

ot any court, tor services rendered in any one year, in 
excess of eight per centum of the annual salary of the 
standing justices of such court, shall be deducted by the 
county treasurer from the salary of such standing justice ; 
but this proviso shall not apply to the compensation of 
special justices for services in holding one of two or more 
sessions held at the same time according to law. 

Section 8. Nothing in this act contained shall beheld Pf®^o?tob'e 
to aflect any case now pending, and all acts or parts of affected. 
acts, so far as they are inconsistent with the provisions of 
this act, are hereby repealed. 

Section 9. This act shall take effect upon the first day To take effect 
of July, in the year eighteen hundred and seventy-seven. "^ ' 

Approved May 11, 1877. 

An Act concerning justices of the peace and trial justices. (JJiar). 211 
Be it enacted, t&c, as follotvs : 

Sectioj^ 1. No iustice of the peace, not desig-nated Justice of the 

1 .. ij'i'i- 1111 r 1 peace not to try 

and commissioned as a trial justice, shall hereafter have or civii cases nor 

.1 -, • • T i- X i • '1 issue warrants^ 

exercise any power, authority or jurisdiction to try civil unless commis- 
cases, or receive complaints, or issue warrants: provided, Ji^stfcl''^ ''"'*^ 
however, that any justice of the peace who shall also be a 
clerk or assistant clerk of any municipal, district or police 



596 



1877.— ClLU-TER 211. 



Trial justice's 
autbority to 
cease if he 
changes his 
domicil, etc. 



To have exclu- 
sive original 
jurisdiction of 
actions of re- 
plevin for beasts 
distrained or 
Impounded. 



Original and 
concurrent ju- 
risdiction with 
superior court. 



Warrants to be 
made returnable^ 
before trial jus- 
tice, etc. 



May issue corfi- 
missions to talie 
depositions. 



Trial justices to 
have and exer- 
cise powers of 
trial justices of 
juvenile ofleud- 
crs. 



court, may receive complaints and issue warrants, return- 
able before some trial justice, police, district or municipal 
court, having jurisdiction of the examination of the person 
charged with the offence. 

Section 2. If any trial justice shall change his domicil 
to a place within the district and jurisdiction of any police, 
district or municipal court, his authority to try civil or 
criminal cases, receive complaints and issue warrants, 
shall thereupon cease. 

Section 3. Trial justices shall have exclusive original 
jurisdiction of all actions of replevin for beasts distrained 
or impounded in order to recover a penalty or forfeiture 
sui3posed to have been incurred by their going at large, 
or to obtain satisfaction for damages alleged to have been 
done by them ; actions of forcible entry and detainer ; and 
of all actions of contract, tort or replevin, where the debt 
or damages demanded or value of the property alleged to 
be detained does not exceed one hundred dollars ; and 
they shall have original and concurrent jurisdiction with 
the superior court of actions of contract, tort or replevin, 
where the debt or damages demanded or value of property 
alleged to be detained is more than one hundred and does 
not exceed three hundred dollars. All provisions of 
existing laws relating to the jurisdiction and proceedings 
of justices of the peace in civil matters, and not incon- 
sistent with the terms and meaning of this act, shall apply 
to and govern trial justices. 

Section 4. All warrants in criminal cases issued by 
any person authorized to issue warrants under the pro- 
visions of this act, shall be made returnable before some 
trial justice, police, district or municipal court having 
jurisdiction of the examination of the person charged with 
the offence. 

Section 5. Trial justices shall have the same authority 
to issue commissions to take depositions in cases pending 
before them that the superior court now has in cases 
pending in that court. 

Section 6. Trial justices shall have and exercise within 
their respective counties all the powers, authority and 
jurisdiction that trial justices of juvenile offenders now 
have ; and hereafter no trial justice of juvenile otfenders, 
not being a trial justice or judge of a police, district or 
municipal court, or a judge of probate and insolvency, 
shall have or exercise any power, authority or jurisdiction 



1877.— Chapter 212. 597 

whatever. Aud section one of chapter three hundred and 
fifty-eight of the acts of the year eighteen hundred and 
seventy-two is hereby repealed. 

Sectiox 7. Every trial justice hereafter designated Term of office. 
and commissioned, shall hold his office for the term of 
three years, unless during that period he shall cease to 
hold a commission as justice of the peace, or unless such 
designation and commission be sooner revoked. 

Section 8. So much of section one of chapter one Nottopayfee 
hundred and nine of the acts of the year eighteen hundred for°o™"iission. 
and sixty-two, as requires of trial justices that, before the 
delivery of their commissions, they shall pay into the 
department of the secretary of the Commonwealth the 
sum of five dollars, is hereby repealed. 

Section 9. Nothing in this act contained shall afiect Pending cases 
any case or proceeding pending when it takes effect, but °^^'^°^'^''*'^'='- 
such cases or proceedings may be completed as if this act 
had not been passed ; and nothing in this act contained 
shall be held to impair the jurisdiction of any police, 
district or municipal court. 

Section 10. All provisions of existing laws incon- Repeal, 
sistent with the provisions of this act are hereby re- 
pealed. 

Section 11. This act shall take effect upon the first to take effect 

, ^ T 1 i- July 1, 1877. 

day of July next. Approved May 11, 1877. 

An Act to provide a clerk for the police court of Chap. 212 

GLOUCESTER. -^* 

Be it enacted, &c., as follows : 

Section 1. The governor, with the advice and consent cierktobe 
of the council, shall nominate and appoint a clerk of the ''pp°'"'*"^- 
police court of Gloucester, who shall hold his office for the 
term of five years unless sooner removed by the governor 
and council. 

Section 2. Said clerk shall perform all the duties now Duties. 
prescribed by the General Statutes for clerks of police 
courts ; and all the provisions of law now applicable to 
clerks of police courts shall apply to said clerk. 

Section 3. Said clerk shall receive an annual salary salary. 
of eight hundred dollars, to be paid from the treasury of 
the Commonwealth during the current year, and there- 
after by the county of Essex. Approved May 11, 1877. 



598 1877.— Chaptee 213. 

Chap. 213 An Act to establish boards of harbor and land commis- 
sioners. 
Be It enacted, t&c, as follows : 

Mmmisfioners"'^ Section 1. The govemor, with the advicG Riid coDseiit 
to be appointed. Qf (he couiicil, shall before the first day of July next, 
appoint three persons who shall constitute a ])oard of 
harbor commissioners, and "who shall hold their offices 
from the dates of their respective appointments, and for 
the terras of one, two and three years respectively, from 
the first day of July next. The governor shall in like 
manner, before the first day of July in each year there- 
after, appoint a commissioner to continue in office for the 
term of three years from said day. Said board of harbor 
commissioners shall have all the powers and shall perform 
all the duties now by law devolving on the board of harbor 
commissioners as at present constituted, which board is 
hereby abolished. 
cMnmi^fidnel^s Section 2. The governor, with the advice and consent 
to be appointed, of the couucil, shall bcforc the first day of July next, 
appoint three persons who shall constitute a board of land 
commissioners, and who shall hold their offices from the 
dates of their respective appointments, aud for the terms 
of one, two and three years respectively, from the first 
day of July next. The governor shall in like manner, 
before the first day of July in each year thereafter, 
appoint a commissioner to continue in office for the term 
of three years from said day. Said board of land com- 
missioners shall have all the powers and shall perform all 
the duties now by law devolving on the board of commis- 
sioners on public lands, and upon the agents appointed 
under chapter two hundred and thirtj'-nine of the acts of 
the year eighteen hundred and seventy-five in relation to 
Offices aboi. the Commonwealth flats near South Boston. Said board 
of commissioners on public lands and said agents are 
hereby abolished. 
Compensation of SECTION 3. The Compensation of each of the commis- 

commiBBioners. ^ ^ i ^ 

sioners appointed under this act shall be five dollars a day 
for each day of actual service, and in case of any vacancy 
occurring in either board by resignation or otherwise, the 
governor, with the advice and consent of the council, 
shall appoint a commissioner for the residue of the term, 
and he may in like manner remove any of said commis- 
sioners. 



1877.— Chapter 214. 599 

Section 4. This act shall take effect upon its passage, when to take 
so far as the appointing, commissioning and qualifying of ''^'"^'" 
said harbor and land commissioners are concerned, and 
shall take full effect on the first day of July next. 

Approved May 11, 1877. 

An Act relating to the inspection of factories and public (JJian, 214 

BUILDINGS. -^ * 

Be it enacted, &c., as follows : 

Section 1. The belting, shafting, gearing and drums Beiung, shaft- 
of all manufacturing establishments, when so located as to be^secul'eiy 
be, in the opinion of the inspectors hereinafter mentioned, g'i^'''ied. 
dangerous to employ-es while engaged in their ordinary 
duties, shall be, as far as practicable, securely guarded. 

No machinery, other than steam-engines, in any such Machinery, ex- 
establishment, shall be cleaned while running, if objected no?tob?citaned 
to in writing by one of the inspectors hereinafter men- ^^'''^ '■'^""ing- 
tioned. All such establishments shall be well ventilated 
and kept clean. 

Section 2. In any manufacturing establishment in natchwaystobe 
which there shall exist or be placed any hoistway, hatch- safeguardZ" 
way, elevator or well-hole, the openings thereof through 
and upon each floor of such establishment shall be pro- 
vided with and protected by good and sufficient trap-doors, 
or self closing hatches and safety-catches, or such other 
safeguards as the inspectors hereinafter mentioned shall 
direct ; and all due diligence shall be used to keep such 
trap-doors closed at all times, except when in actual use 
by the occupant or occupants of the building having the 
use and control of the same. 

Section 3. All manufacturing establishments, three stairways and 
or more stories in height, wherein forty or more persons ^^-^^°^^''^- 
are employed, unless supplied with a sufficient number of 
tower stairways, shall be provided with properly con- 
structed fire-escapes upon the outside thereof; said fire- 
escapes to be connected with the interior of the building 
by either doors or windows, with suitable landings at 
every story above the first. Said fire-escapes shall l)e 
kept in good repair, and no incumbrances of any kind 
whatever shall be placed thereon : provided, that nothing 
in this section shall be so construed as to empower the 
inspectors to compel any person or persons or corporation 
to change any fire-escape already existing, unless such 
change is necessary for the protection of human life. The 



600 



1877.— Chapter 214. 



Main doors to 
open outwardly. 



Buildings 
used for pub- 
lic assemblies ; 



Doorways, etc. 



State detectives 
to be detailed to 
act as inspect- 
ors. 



Duties of 
inspectors. 



Penalties. 



Liability for 
damages. 



word " story " in this act shall include the attic, if the 
same is occupied for work-rooms. 

Section 4. All the main doors, both inside and out- 
side, in manufacturing establishments, shall open out- 
wardly where the inspectors hereinafter mentioned shall 
deem it necessary, and shall in writing direct. Each 
story in such establishments shall be amply supplied with 
means for extinguishino^ fires. 

Section 5. All churches, school-rooms, hotels, halls, 
theatres and other buildings used for public assemblies, 
shall have such means of» egress as the inspectors herein- 
after mentioned shall approve, and all doors to the main 
entrances in such building shall sjving outwardly when 
said inspectors in writing so direct. No portable seats 
shall be allowed in the aisles or passage-ways of any such 
building during any entertainment or service held therein. 

Section 6. It shall be the duty of the chief of the state 
detective force, upon the passage of this act, specially to 
detail one or more of his deputies to act as inspectors of 
factories and public buildings. Said chief shall report in 
print, to the governor, on or before the first day of Jan- 
uary of each year, with such remarks, suggestions and 
recommendations, as he may deem necessary. 

Section 7. The duties of said inspectors shall be to 
enforce the provisions of this act, except as hereinafter 
mentioned, and of all acts relating to the employment of 
women and minors in manufacturing establishments ; and 
for this purpose said inspectors shall have power to enter 
all buildings used for public or manufacturing purposes, 
to examine the methods of protection from accident, the 
means of escape from fire, and to make investigations in 
regard to the employment of women and children. 

Section 8. Any person 'or corporation violating any 
of the provisions of this act shall forfeit to the use of the 
Commonwealth for every such otlence not less than fifty 
nor more than five hundred dollars, to be recovered by 
action instituted by said inspectors in any court of com- 
petent jurisdiction, and shall also be liable for all damages 
suflered by any employe by reason of such violation ; but 
no action shall be brought for any such violation until 
after four weeks' notice thereof shall have been given in 
writing by an inspector, nor then, if in the meantime such 
violation shall have ceased, unless some person shall have 
been injured in consequence thereof. Nothing in this 



1877.— Chapters 215, 216. 601 

section shall be so construed as to prohibit any person 
injured from bringing an action to recover damages for 
said injuries. 

Section 9. The city of Boston and any other city certain cities 
which may now or shall hereafter have statutory regula- pro!^sionT™ 
tions similar in intent to the provisions of sections two, 5§2, 3, 5. 
three and five of this act, and officers specially appointed 
for the enforcement of the same, shall be exempt from the 
provisions of said sections in so far as said regulations are 
similar thereto, and the inspectors hereinbefore mentioned 
shall have no authority to enforce said statutory regula- 
tions in such cities ; but this section shall not be construed 
as exempting any person or corporation in any such cities 
from the provisions of said statutory regulations. 

Section 10. Any detective or detectives detailed to Detectives fail. 
perform said duties shall upon positive evidence that he duties to be dis- 
or they have failed to perform their duty faithfully, be offlcff*^ '^°^ 
immediately discharged from said office. 

Section 11. This act shall take effect on the first day 
of July next. Approved May 11, 1877. 

An Act to regulate sales under powers of sale in mortgages. Chap. 215 

Be it enacted, &c., as folloius : 

No sale under and by virtue of a power of sale contained ^^w^y"°of\^ai 
in any mortgage of real estate shall be valid and effectual m mortgages. 
to foreclose said mortgage, unless previous to such sale 
notice of the same shall have been published once a week, 
the first publication to be not less than twenty-one days 
before the day of sale, for three successive weeks, in some 
newspaper, if there be any, published in the city or town 
wherein the mortgaged premises are situated ; but nothing 
herein shall avoid the necessity of also giving notice of 
such sale in accordance with the terms of the mortgage. 

Approved May 11, 1877. 

An Act in regard to the manufacture, storage, use, trans- (Jhap. 216 

PORTATION AND SALE OF EXPLOSIVE COMPOUNDS. 

Be it etiacted, &c., as follows : 

Section 1. No person, except on military duty in the Explosive 
public service of the United States or of this Common- ''°™p°'^ ^* 
wealth, shall keep, have or possess, in any building, 
place, vehicle, ship or other vessel, within one rod of a 
dwelling-house in any city or town, any explosive com- 
pound in quantity exceeding one-fifth of a pound in any 

76 



602 



1877.— Chapter 216. 



Cities and towns 
may regulate 
storage, manu- 
facture and sale. 



Proviso. 



Licenses may 
be granted for 
sale and use. 



Not to be carried 
by corporations, 
etc., transport- 
ing passengers. 



Railroad com- 
missioners to 
prescribe rules. 



way or manner prohibited by this act or by any ordinance 
or by-law which may be made in accordance with section 
two of this act. 

Section 2. The city conncil of any city may make 
ordinances necessary for the protection of life and prop- 
erty, in regard to the keeping, storage, use, manufacture 
or sale of explosive compounds, and may regulate the 
transportation thereof through the streets or highways of 
such city, and affix penalties, not exceeding fifty dollars 
for each offence. Towns may make like by-laws for the 
same purpose, to be approved in the manner prescribed 
in section fourteen of chapter eighteen of the General 
Statutes, and affix penalties not exceeding twenty dollars 
for each offence : j)^'ovided, such by-laws and ordinances 
shall not prohibit the transportation of explosive com- 
pounds from one place to another, nor be otherwise 
repugnant to the provisions of this act and the rules made 
thereunder by the railroad commissioners. 

Section 3. The mayor and aldermen of any city and 
the selectmen of any town may license, upon such terms 
as may be prescribed in the ordinances or by-laws men- 
tioned in the preceding section, the keeping, storage, 
transportation, use, manufacture or sale of explosive com- 
pounds, within the limits of the city or town. 

Section 4. No railroad corporation, street railway 
company, steamboat company, or other association, co- 
partnership, persons or person, engaged in the transporta- 
tion of passengers within this Commonwealth, shall 
knowingly transport between persons or places within the 
territorial limits of this Commonwealth, or transport into 
such limits for sale, storage or use therein, any explosive 
compound in quantities exceeding the amounts hereinafter 
provided for, in any vehicle containing passengers, or in 
any vehicle attached to any railroad train or vehicle con- 
veying passengers ; nor in any case unless the said explosive 
compounds be plainly and legibly marked with the names of 
such compounds, and the words ^^ explosive, — dangerous.''* 
It shall be the duty of the board of railroad commissioners, 
from time to time, to make rules fixing the maximum 
amounts of various explosive compounds which may be 
so carried in any public vehicle, or in a railroad train con- 
taining passengers, or in a vehicle attached to such train ; 
and until sucii rules are made by said board, no explosive 
compound shall be so carried. The said rules shall also 



1877.— Chaptek 216. 603 

• 

define the method of packing such compounds to insure 
the greatest safety, and shall prescribe how the same shall 
be carried as freight on railroads, steamboats, and by- 
common carriers. Said rules, subscribed by said railroad 
commissioners, shall be published for the period of four 
weeks in daily newspapers published in the cities of 
Boston, Worcester and Springfield ; and a copy of said 
rules, certified by either of said board, and a like certif- 
icate of the fact of their due publication, shall, in all cases, 
be legal and conclusive proof of said rules, and of the 
proper publication thereof. 

Section 5. No person shall deliver for transportation Not to be deiiv- 
to any railroad corporation, street railway company, or portation to 

,1 ... , 1 • railroads, etc., 

other association, co-partnership, persons or person, en- carrying pas- 
gaged in the transportation of passengers within this Cora- s«^°s""^- 
mon wealth, or take or place upon or in any car, boat or other 
vehicle of any such corporation, company, association, co- 
partnership or person, with intent that the same shall be 
carried or transported on such car, boat or other vehicle, 
any explosive compound mentioned in this act, unless the 
same is packed and marked as herein provided, and notice 
of the dangerous nature thereof is expressly given to the 
agent, servant or person to whom it is delivered, or to 
the agent, servant or person having at the time the man- 
agement and control of the car, boat or other vehicle in 
or upon which the same is to be carried or transported. ^.^^^^^^ ^^r- 
And any common carrier may decline to receive or transport riers may de- 

, , . "^ -, . , . cline to receive. 

any such explosive compound in any manner whatever. 

Section 6. Whoever knowingly violates, or know- penalties. 
ingly causes or permits the violation of any provision of 
the two preceding sections, or knowingly transports, or 
causes or permits the transportation of any explosive 
compound, in any manner other than in conformity with 
the rules made by the board of railroad commissioners, 
shall be punished by a fine of not less than fifty nor more 
than five thousand dollars, or by imprisonment in the 
state prison not exceeding five years. 

Section 7. Upon complaint made under oath to a trial search warrant 

.. ■,, ^ -,. . .., , I may issue, and 

justice, or police, district or municipal court, that the seizure may be 
complainant has probable cause to believe, and does "^ ^' 
believe, that an explosive compound is had, kept or to be 
found in any city or town within the jurisdiction of such 
justice or court, contrary to law, a warrant may issue 
directed to the sheriff of the county or his deputy, or to 



604 



1877.— Chapter 216. 



May be forfeited 
and destroyed. 



Buildings may 
be entered to 
ascertain if laws 
are observed. 



Damages for 
injuries. 



Fire commis- 
eioners may 
exercise powers 
in Boston. 



" ExploRive 
compound" 
defined. 



Repeal. 



any constable of such city or town, commanding him to 
enter any building, vehicle, ship or other vessel specified 
in the warrant, and there make diligent search for and 
seize such explosive compound, and to make return of his 
doings to such justice or court forthwith. 

Section 8. Any explosive compound had, kept or 
transported contrary to the provisions of this act, and 
seized under the preceding section, may be adjudged 
forfeit, after due notice and hearing, and may be ordered 
to be destroyed in such manner as the court or magistrate 
may direct. 

Section 9. Any person duly authorized by the or- 
dinances of any city, or the by-laws of any town, may 
enter the building or premises of any person or persons 
licensed to sell explosive compounds, to examine and 
ascertain if the laws, rules and regulations relating thereto 
are strictly observed ; and on an alarm of fire may cause 
the explosive compounds there deposited to be removed 
or destroyed, as the case may require. 

Section 10. Any person who shall suffer injury by 
the explosion of any explosive compound while the same 
is being kept or transported contrary to the provisions of 
this act or the ordinances, rules or by-laws made in con- 
formity to it, may recover damages for the injury thus 
sustained, in an action of tort against the parties so 
violating the provisions of this act or the ordinances, 
rules or by-laws made in conformity herewith. 

Section 11. The powers, or any of them, conferred 
on the city council of any city by section two of this act, 
may be exercised in the city of Boston, if the city council 
of said city shall so determine, by the board of tire com- 
missioners, or any other board to which said city may from 
time to time, by ordinance, delegate the same. 

Section 12. By the words "explosive compound," as 
used in this act, shall be understood either gun-cotton, 
nitro-glycerine, or any compound of the same ; any fulmi- 
nate, or generally any substance intended to be used 
by exploding or igniting the same, to produce a force 
to propel missiles or to rend apart substances, except 
gunpowder. 

Section 13. Chapter six of the acts of the year eighteen 
hundred and seventy-one, and all acts and parts of acts 
inconsistent herewith, are hereby repealed ; butsiich repeal 
shall not affect any prosecutions or suits now begun, nor 



1877.— Chapter 217. 605 

prevent the institution of any suit, prosecution or proceed- 
ings to enforce penalties and liabilities already incurred 
under existing laws. Apjiroved May 11, 1877. 

An Act to enable the city of boston to abate a nuisance r^/^^^ 217 

EXISTING therein, AND FOR THE PKESERVATION OF THE PUBLIC ^' 

HEALTH IN SAID CITY, AND FOR OTHER PURPOSES. 

Be it enacted, &c., as folloivs : 

Section 1. The city of Boston may purchase or other- city of Boston 
wise take, for the pul-pose of abating the nuisance now tlJabateanui- 
existing in and about the Roxbury Canal, so called, the ®'""'®" 
lands and easements, with the buildings and other fixtures 
thereon, situate and lying within the district hereinafter 
bounded and described, to wit : — commencing at the junc- 
tion of Harrison Avenue and the northerly line of East 
Chester Park, and thence running by said northerly line 
of East Chester Park produced in an easterly direction 
across the said Roxbury Canal to Swett Street, thence by 
the northerly line of Swett Street to Northamptoii Street, . . 
thence by the northerly line of Northampton Street to 
Harrison Avenue, and tlience by the easterly line of Har- 
rison Avenue to the point of beginning. Said city shall -^fr^oVdeedfa 
within sixty days from the time it shall take said lands description of 
or easements, file in the ofiice of the registry of deeds for 
the county of Sufiblk, a description of the lands or ease- 
ments so taken as certain as is required in a common con- 
veyance of lands, and a statement that the same are taken 
pursuant to the provisions of this act ; which said descrip- 
tion and statement shall be signed by the mayor of said 
city, and the title to all lands and easements so taken shall 
vest in the city of Boston, and if any party whose laud 
or easement is taken, shall agree with the said city upon 
the damage done to him by the said taking, the same shall 
be paid to him by the said city forthwith. And it shall be 
the duty of the city of Boston forthwith to raise the grade 
of said territory so purchased or taken, by filling up the 
same, including that portion of the Roxbury Canal lying 
within the described district, with good clean earth or 
'gravel, and with reference to a complete drainage thereof, 
so as to abate the present nuisance, and to preserve the 
health of the city. 

. Section 2. Any person entitled to any estate or ease- ^°^a-ei"ma*^'"^ 
ment in any part of the lands so taken, may at any time aio biti in equity 
within one year from the time when the same shall be 



606 



1877.— Chapter 217. 



Notice of pen- 
dency of bill to 
be given to de- 
feudauts. 



taken, as well in his own behalf as in behalf of all other 
persons having estates in the lands or easements so taken, 
tile a bill in equity in the supreme judicial court in the 
county of Suffolk, setting forth the taking of the com- 
plainant's land or easement by the city of Boston, and 
whether the complainant claims any and what damages 
against the city of Boston for said taking, and against said 
city or any other corporation or persons by reason of any 
and what wrongful act or omission by their causing a dim- 
inution in the value of his land or easement at the time of 
said taking, and praying an assessment of damages against 
the city of Boston for said taking, and against such parties 
for said diminution. And upon the filing of such a bill 
said court shall cause notice of the pendency of said bill to 
be given to the parties named therein as defendants accord- 
ing to the course of courts of equity ; and also public notice 
thereof to all persons in whose behalf such bill shall be filed, 
to appear and become parties thereto if they shall see fit to 
do so. Said court shall prescribe how such public notice 
shall be given, and what length of time shall be allowed for 
appearing and becoming a party to such suit. Any party 
failing so to appear and to become a party within the time 
prescribed by the court, shall be forever barred from 
recovering any damages on account of such taking. Each 
person so appearing and becoming a party shall file a writ- 
ten description of the land in which he claims an estate, 
together with a plan thereof so as clearly to distinguish 
the same from all other lands, and shall also declare what 
estate he claims therein. If he claims that the value of 
said land or easement at the time of taking the same was 
lessened by any unlawful act or omission of the city of 
Boston or any other corporation or person, so that the 
value of the land or easement in its condition when taken 
would not be a just compensation for all the estate and 
rights of the party in, and in reference to the same, such 
party shall also state what such injury is, and how and by 
whom the same had been or is caused, and what right or 
title of the party is violated. 

Section '6. Upon the expiration of the time allowed 

ed/tobepuidby for appcaraucc to the said bill, the said court shall appoint 
''"^' three commissioners, Avho shall receive such compensation 

as the said court shall lix, to be paid by the city of Boston. 

To hear the par- SECTION 4. It shall be the duty of the said commis- 

ties and assess . /• i • i /• i 

damages. sionci's attcr due notice to hear each of the said parties 



Commissioners 
may be appoint 



1877.— Chapter 217. 607 

including the said city of Boston, and other parties named Assessment of 
as defendants, and to assess and award the value at the '^"^'^^''^' 
time of the taking of each parcel of the said land and of 
any easement claimed by any party so appearing which 
shall be taken by said city ; and the amount in gross, if 
any, of damages done to such parcel of laud or such ease- 
ment by reason of any unlawful act or omission of the 
city of Boston or any other party defendant, affecting its 
value at the time of said taking. And the said commis- 
sioners shall make or cause to be made a survey of the 
lands of the complainant and other parties to such bill, 
and of all other lands adjacent and owned by other parties 
whose rights may be affected in determining the lines of 
such complainants' lands ; and said commissioners shall 
determine the boundary lines of all such lands within said 
district, and report to the court the boundaries established 
for each owner of such lands, with a plan of the several 
portions of land within said* district, showing the lines 
established for each owner, which plan after its approval 
shall by order of the court, be recorded in the registry of 
deeds for the county of Suffolk. 

Section 5. Said commissioners or the major part of Toreporttothe 
them shall within three months after said hearing make three months 
report to the said court of their doings, and, when ''"'^'^ eanng. 
requested by any party, of the evidence touching any 
exception intended to be taken by him. 

Section 6. Any party aggrieved by any findings or Party aggrieved 
doings of said commissioners may apply for a jury to ITjury!'^'^ ^^ 
revise the same, by petition to the supreme judicial court 
at the same term thereof at which said conmiissioners shall 
make their report, and thereupon said court shall order a 
trial by jury to be had at the bar of the court in the same 
manner in which trials are held in the superior court to 
assess the damages for land taken for the laying out of 
highways in the county of Suffolk. And any party 
aggrieved by any ruling of law made by said commission- 
ers or by said court may except to said ruling and have 
the exceptions heard and determined by the said court sit- 
ting in banc according to its course as a court of equity. 

The respective rights and remedies of persons having Damages to be 

T n^ . 1 • , 1 i J • 7^1 assessed as in 

dmerent or separate interests or estates m the same prop- taking land for 
erty, as to the disposition of the damages awarded or ^'s'^^'^y^- 
agreed to under .this act, and the manner of assessing 
damages for the taking of such property, shall be in all 



608 



1877.— Ciia:pter 217. 



When amount 
of damage to a 
party is ascer- 
taiuod, execu- 
tion to issue. 



Costs when a 
jury trial is had. 



Liability of 
city for dam- 
ages caused by 
raising, etc., 
territory. 



Court may make 
all necessary 
orders and de- 



Costs to be paid 
as court shall 
order. 



City may lay 
railway tracks 
through streets. 



Lands to be 
taken within 
two years. 



Sewers and 
drains. 



respects the same as they now are in the case of property 
taken for laying out highways. 

Section 7. When it shall be finally determined what 
amount of damages any party is entitled to recover against 
the city of Boston, or any other party defendant, a sepa- 
rate decree shall be entered accordingly, and execution 
therefor shall be issued without regard to the pendency of 
the claims of any other party or parties. 

Section 8. If any party shall apply for and obtain a trial 
by jury, he shall recover his legal costs if the award of the 
commissioners shall be altered in his favor ; otherwise he shall 
be liable for the legal costs of the other party or parties. 

Section 9. Nothing in this act shall be construed as 
exempting the city of Boston from any obligation it would 
otherwise be under, to make compensation to the owners 
of lands abutting on or near to the territory described in 
the first section of this act, for any injury it may do to 
such lands in any acts of raising, filling or draining said 
territory or any part thereof. 

Section 10. Said court may make all orders and 
decrees necessary to carry into effect the intent of this 
act, and may at its discretion, at any stage of the pro- 
ceedings, order a party to give security for the payment 
of damages or costs. 

Section 11. All legal costs which shall accrue in the 
proceedings under this act, not otherwise provided for, 
shall be paid as the said court shall order. 

Section 12. The city of Boston is hereby authorized 
to lay railway tracks through any street or streets of said 
city and across tide water, and to maintain them, so long 
as it may be necessary, to enable them to transport earth 
and other materials to fill up the district aforesaid under 
the provisions of this act. 

Section 13. All lands or easements taken under this 
act otherwise than by purchase shall be taken within two 
years, and all filling and grading done under this act shall 
be done within three years, from the passage thereof. 

Section 14. On and after the completion of the work 
to be performed under this act, the sewers or drains now 
discharging into said canal within the limits of that por- 
tion thereof authorized to be filled, shall be discharged 
elsewhere and shall not thereafter be discharged into any 
part of said canal. 

Section 15. This act shall take effect upon its passage. 

Approved May 11, 1877. 



1877.— Chapter 218. 609 

An Act to incorporate the trustees of the soldiers' home (JJian. 218 

IN MASSACHUSETTS. ^* 

Be it enacted, &c., as follows : 

Section 1. Horace Biuney Sargent, Alexander H. corporators. 
Rice, William Gaston, Charles Devens, George S. Evans, 
George H. Patch, James F, Meech, Edward T. Raymond, 
Samuel Dalton, Andrew J. Bailey, Henry Wilson, Jr., 
William S. Brown, Joseph F. Levering, Cyrus C. Emery, 
J. G. B. Adams, John McKay, Jr., E. G. W. Cartwright, 
Charles W. Wilcox, their associates and successors, chosen 
as hereinafter provided, are hereby made a corporation 
by the name of " The Trustees of the Soldiers' Home in Name. 
Massachusetts," and said trustees shall from time to time, 
as they may by their by-laws prescribe, elect such officers 
as they may judge necessary, and prescribe the terms and 
duties of such officers, and they shall till by election all 
vacancies in said trustees as they may occur ; but the 
whole number of said trustees shall never exceed eighteen, 
fifteen of whom shall be members of the voluntary asso- 
ciation known as the Department of Massachusetts, Grand 
Army of the Republic ; and whenever any vacancy shall 
occnr among said fifteen, the remaining trustees shall 
select from the persons composing for the time being the 
council of administration of said Department of Massa- 
chusetts, Grand Army of the Republic, a trustee to fill 
said vacancy. 

Section 2. Said trustees may receive, hold, manage Trustees to 

and convey such real and personal estate, not exceeding age'^Tropmy.' 

in all two hundred thousand dollars, as they may acquire 

by gift, grant, purchase or otherwise, for the purpose of 

maintaininG^ in this Commonwealth a home for deservino: 

. . . . . ® 

soldiers and sailors and such members of their families as 

said trustees may deem proper, and under such conditions 

and regulations as said trustees may from time to time 

prescribe. Said trustees shall be subject to the duties and Powers and 

liabilities fftid shall have the powers and privileges set 

forth in all general laws which now are or hereafter may 

be in force applicable to such corporations so far as they 

are not inconsistent with this act. 

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

Approved May 11, 1877. 
77 



610 



1877.— Chapters 219, 220. 



Chap. 219 An Act to enforce the provisions of chapter three hundred 

AND THREE OF THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND 
seventy-one, in RELATION TO GREEN HARBOR MARSH IN MARSH- 
FIELD. 



S. J. C. Bitting 
as a court of 
equity to hear 
and determine 
rights of parties. 



Attorney-gen- 
eral to bring bill 
in equity to com- 
pel removal of 
obstructions. 



Chap 



May sell prop- 
. erty and raise 
money by tax- 
ation, to pay 
indebtedness. 



District dis- 
solved. 



Subject to ac- 
ceptance by 
voters of dis- 
trict. 



Be it enacted, &c., as follows : 

The supreme judicial court sitting as a court of equity, 
shall have full jurisdiction to hear and determine the rights 
of all parties under chapter three hundred and three of 
the acts of the year eighteen hundred and seventy-one, 
entitled "An Act for the improvement of Green Harbor 
Marsh in the town of Marshtield and for other purposes," 
and to enforce the provisions of said act. 

And the attorney-general, upon the petition or request 
of the board of harbor commissioners, is hereby author- 
ized and directed to bring in the name and behalf of the 
Commonwealth a bill in equity, or other proper process, 
to compel any and all parties liable under said act so to do, 
to remove the shoaling or other obstructions in the chan- 
nel in Green Harbor Kiver. Approved May 11, 1877. 

. 220 An Act to dissolve the weymouth fire district, and to 
authorize the sale of its property. 

Be it enacted, &c,, as follows: 

Section 1. The Weymouth' Fire District established 
under chapter one hundred and eighteen of the acts of 
the year eighteen hundred and forty-six, may sell or other- 
wise dispose of any and all its real and personal property, as 
the majority of the voters of said district present and 
voting at a meeting duly called for that purpose may 
direct, and after applying the proceeds of said property to 
the payment of its indebtedness, may then, in case any 
debts remain unpaid, raise by taxation sufficient money 
to pay the same, and may also choose all officers and do 
all acts necessary to carry the foregoing provisions into 
elfect. 

Section 2. Except for the purposes expjessly pro- 
vided for in the preceding section said district is hereby 
dissolved. 

Section 3. This act shall take effect upon its accept- 
ance by a majority of the voters of said district, present 
and voting at a meeting duly called for that purpose, on 
or before the first day of September in the current year. 

Approved May 11, 1877. 



1877.— Chapters 221, 222. 611 

An Act in addition to an act to incorporate the vineyard (JJiar) 221 

GROVE company. ^' 

Be it enacted, &c., as folloivs : 

Section 1. The Vineyard Grove Company is hereby May reduce 
authorized to reduce its capital stock to an amount not capiuYstock. 
less than one thousand dollars, and increase the same to 
an amount not exceeding one hundred thousand dollars, 
and to make and collect assessments on the same, and 
issue general and special stock ; subject to the provisions 
of chapter two hundred and twenty-four of the acts of 
the year eighteen hundred and seventy, and of all acts in 
addition thereto or in amendment thereof, so far as the 
same may be applicable. 

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

Approved May 11, 1877. 

An Act to incorporate the old south association in boston, (JJiar), 222 

AND to provide FOR THE PRESERVATION OF THE OLD SOUTH MEET- ■^' 

ING-HOUSE. 

Be it enacted, &c., as folloivs : 

Section 1. The governor of the Commonwealth, the corporators. 
mayor of the city of Boston, the president of Harvard 
College, the president of the Massachusetts Historical 
Society, the president of the American Antiquarian So- 
ciety, and the president of the New England Historic- 
Genealogical Society, ex officiis, and William Gaston, 
John Lowell, Samuel E. Sewall, Edmund Quincy, Samuel 
A. Green, Henry Lee, Martin Brimmer and John D. 
Long, and their associates and successors, are hereby made 
a body corporate by the name of the Old South Association Name and 
in Boston, for the purpose of acquiring and holding khe p"''p°^®- 
Old South Meeting-House in Boston and the land under 
and adjacent to the same upon the corner of Milk Street ' 
and Washington Street in said city, for public, historical, 
memorial, educational, charitable and religious uses and 
none other, with all the powers and privileges, and subject Powers and 
to all the duties, liabilities and restrictions set forth in 
chapter sixty-eight of the General Statutes and acts in 
addition thereto. Said corporation shall have the power 
to take and appropriate to the uses of said corporation, 
said meeting-house and land or any interest therein: pro- Toflieinreg. 
vided, that in case it shall exercise said power, it shall descn>uoTof'* 
within sixty days from the time of said taking and appro- the land taken. 
priation, file in the registry of deeds for the county of 
Suffolk a description of the premises so taken as certain 



612 



1877.— Chapter 223. 



Board of 
managers. 



Admiseion 
of members. 



Building may 
be used for 
certain public 
purposes. 



To be exempt 
from taxation. 



as is required in a common deed of conveyance of land ; 
and any party aggrieved tliereby shall have the right to 
apply for a jury to assess the damages sustained l)y him, 
in the manner and with the effect provided in the seventy- 
ninth section of chapter forty-three of the General Statutes, 
and upon the payment of all damages so assessed to the 
parties entitled thereto, or upon the failure to apply for a 
jury during the time limited by law, the title to said 
meeting-house and land shall vest in said corporation. 
And said corporation shall also have power, until the 
foregoing powers are exercised, to take a lease of said 
meeting-house and land, or the interest so taken, and hold 
the same thereunder for the purposes aforesaid. 

Section 2. The officers of said corporation shall con- 
sist of a board of managers, the number of which shall be 
fixed by the by-laws, and of which the six first named in 
this act shall be members ex officiis^ and two shall be 
elected annually by the city council of the city of Boston, 
and the rest shall be elected by the members of the cor- 
poration ; and said managers shall elect one of their 
number president, and shall also elect a secretary and a 
treasurer. All officers shall hold over until others are 
chosen in their stead. New members may be admitted in 
such manner as the by-laws shall provide. 

Section 3. Said corporation may make contracts with 
the Commonwealth for the use of said meeting-house for 
the annual election sermon, and with the Commonwealth 
or the city of Boston for its use for any public purposes 
not inconsistent with the provisions of this act. 

§ECTiON 4. Said meeting-house and land shall be 
exempt from taxation while said meeting-house shall be 
used for any of the purposes aforesaid, and shall be exempt 
from any tax for the year eighteen hundred and seventy- 
seven. 

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

Approved May 11, 1877. 



Chaj). 223 



An Act for the protection of puuuc commons and parks. 
Be it enacted, &c., as folloivs: 

Section 1. No building exceeding six hundred square 
hundred square lect lu supcrucial ai'ca upou tlic grouud, shall be erected 

feet in area not . i i • i i • i i • i i 

m or upon any public common or public park which has 
been dedicated to the use of the public, without leave of 
the legislature previously obtained. 



Buildings 
exceeding six 



to be creeled. 



1877.— Chapter 224. 613 

Section 2. Any violatidii of this act may be restrained s- J- 9- ™*y 
by the supreme judicial court or any justice thereof in 
the manner provided in section seventy-nine of chapter 
eighteen of the General Statutes. 

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

Approved May 11, 1877. 
An Act concerning cooperative saving fund and loan asso- QJidr), 224 

CIATIONS. ^' 

Be it enacted, tfcc, as follows : 

Section 1. Any number of persons not less than corporations for 

J i. 12 • ^ • ri. 'Ill 1111 accumulation of 

twenty-nve as is hereinaiter provided, who shall have asso- savings of mem. 
ciated themselves together by an agreement in writing funds^to mem°^ 
such as is hereinafter described, with the intention to con- ^'^'■^• 
stitute a corporation for the purpose of accumulating the 
savings of its members, paid into such corporation in fixed 
periodical instalments, and the lending of such funds so 
accumulated to its members, shall become a corporation 
upon complying with the provisions of this act, and shall 
remain a corporation, with all the powers, rights and 
privileges, and subject to all the duties, limitations and 
restrictions conferred by general laws upon corporations 
except as herein otherwise provided. 

Section 2. Such agreement shall set forth the fkct Agreement to 
that the subscribers thereto associate themselves with the andpurpos™of 
intention to constitute a corporation, the name by which corporation, etc. 
the corporation shall be known, the purpose for which the 
corporation is constituted, the town or city, which town 
or city shall be within this Commonwealth, in which it is 
established or located, and the limit of capital to be accu- 
mulated. 

Section 3. Any name may be assumed, for such cor- Any name may 
poration not previously in use by an existing corporation uL'^by'^anTx'is" 
established under the laws of this Commonwealth, and the i^g corporation. 
name assumed in the ao;reemeut shall not be changed but 
by an act of the legislature. The words "cooperative 
saving fund and loan association " shall form a part of the 
name. 

Section 4. The provisions of the ninth, tenth and certificateof 
eleventh sections of the two hundred and twenty-fourth to be issued by 
chapter of the acts of the year eighteen hundred and sev- commo^^weaith. 
enty shall apply to corporations established under the 
provisions of this act, except that in the form of certifi- 
cate signed by the secretary of the Commonwealth, the 



614: 



1877.— Chapter 224. 



Object of 
corporations. 



Capital. 



limit of capital to be accumulated, as fixed in the agree- 
ment of association, sliall be inserted, instead of the 
amount of capital, that tlie certificate required by said 
eleventh section to be filed and recorded may be signed 
and sworn to by the presiding and financial officers and a 
majority at least of the ofiicers possessing the powers of 
directors, by whatever name they may be called, and that 
the- fees to be paid for filing and recording the certificates 
required by said eleventh section, including the issuing of 
the certificate of organization by the secretary of the Com- 
monwealth, shall be five dollars. 

Section 5. The object of such corporations shall be 
the accumulation of a capital in money, to be derived from 
savings and accumulations by the members thereof, to be 
paid into said corporation in periodical instalments, and in 
fixed and certain sums, at such times and in such amounts 
as shall be hereinafter designated. The capital so as afore- 
said to be accumulated by any corporation created by virtue 
hereof shall not exceed in the aggregate and full ultimate 
value thereof, one million dollars, and shall be divided 
into shares of the ultimate value of two hundred dollars 
each ; and said shares may be issued in quarterly, half 
yearly or yearly series, in such amounts and at such times 
as the shareholders may determine ; and payments of dues 
or instalments on each series or issue of shares shall com- 
mence and date from the issue thereof. No person shall 
hold more than twenty-five shares in the capital of any 
one of said corporations. No shares of a prior series shall 
be issued after the issue of a new series. New shares may 
be issued in lieu of shares withdrawn, cancelled or for- 
feited. Said capital, so as aforesaid saved and accumu- 
lated, from time to time shall be loaned or advanced to 
meml)ers of the particular corporation holding one or more 
shares in the capital thereof, who shall from time to time 
desire to anticipate the ultimate value of their shares, and 
shall give security for the prompt and continued payment 
of all periodic instalments of dues, interest, premium and 
fines, until each of their said shares, so advanced upon, 
shall be found to be of the ultimate value of two hundred 
dollars, as hereinafter provided. 

Section 6. The number, title, functions and compen- 
tion to bc"iixed sation of the oflScers of any corporation created by virtue 

DV UV-lil\V8 •/ 1 V 

of this act, their terms of office, the time of their election, 
as well as the qualifications of electors, and the time of each 



Shares. 



Officers and 

their conipensa 



1877.— Chapter 224. 615 

periodical meeting of the oflScers and shareholders of said 
corporation, shall be determined by the by-laws: pro- 
vided^ that no member shall be entitled to more than one 
vote at any election. 

Section 7. The said officers shall hold stated monthly "Dues" to be 
meetings, at which each shareholder shall pay into the said ^'*' "^"^ ^' 
corporation the periodical instahiients, to be called "dues," 
on account of each share subscribed for by him, together 
with such interest and premiums on advances made from 
time to time, and such fines as shall be imposed on arrears, 
as is hereinafter provided. The moneys so as aforesaid 
saved and acc^pulated at each stated monthly meeting 
from dues, interest, premiums and fines as aforesaid, or 
from any other source whatsoever, after due allowance 
made for all necessary and proper expenses, and subject 
to the provisions hereinafter in section ten contained and 
set forth respecting the withdrawal and cancellation of 
shares, shall be offered to such shareholder or sharehold- 
ers as shall bid the highest premium for preference or 
priority of right to a loan or advance on the ultimate 
value of one or more of his or their respective shares ; 
and such shareholder so bidding the highest premium as 
aforesaid shall be entitled to receive a loan or advance of 
two hundred dollars for each share held by him : j^royitZetZ, 
that a shareholder may borrow such fractional part of two 
hundred dollars as the by-laws shall provide. 

Section 8. For every loan and advance made as afore- Loans and 
said, a note secured by mortgage of real estate shall be belecured'by 
given, accompanied by a transfer and pledge of the shares "statirandi'^^''' 
of the member or members so as aforesaid obtaining a piedgt or trans. 

1 T 0-11 n -I -x ^ -X t ter of shares. 

loan or advance, baid shares so transferred and pledged 
shall be held by said corporation as additional or collateral 
security for the performance of the terms, covenants and 
conditions of said note and mortgage ; and all payments 
of dues by a member so as aforesaid borrowing or obtain- 
ing advances, and all profits and gains from time to time 
accruing and adjusted as hereinafter provided to said 
shares so transferred and pledged, shall be deemed and 
taken to be payments on account of such loan or advance, 
until said loan or advance shall be cancelled by the ulti- 
mate value of such share or shares so pledged or shall be 
otherwise sooner cancelled and discharged. Said note Note and mort. 
and mortgage shall recite and set forth the number of Sher^of '^°''*' 
shares pledged and transferred by the particular share- shares pledged. 



616 



1877.— Chaptek 224. 



Proviso. 



If shareholcler 
offers insuffi- 
cieiU security, 
right to loan "is 
forfeited. 



Additional 
charges to hor- 
rowing share- 
holders for non- 
payment of 
dues. 



holder so borrowing, and the amount of money advanced 
thereupon, and shall be expressed to be conditioned for 
the payment at the stated meetings of the corporation of 
the monthly dues on the number of shares so pledged and 
advanced upon, and the interest and premium upon the 
loan or advance for which said shares are pledged and 
said note and mortgage jjiven, too;ether with all fines 
chargeable upon arrears of such payment until said shares 
shall reach the ultimate value of two hundred dollars each, 
or said loan shall be otherwise sooner cancelled and dis- 
charged : provided, hoivever, that the shares of the par- 
ticular corporation, without other securk;y% may in the 
discretion of the board of directors be so pledged and 
transferred as security for loans or advances to an amount 
not exceeding the assessed and adjusted value of such 
shares at the annual or other settlement and adjustment 
of the accounts of said corporation next preceding the 
time of such loan or advance. In case a shareholder 
shall neglect to offer security for a loan, or offering secu- 
rity it shall not be approved of by the board of directors 
by such time as the by-laws may prescribe, his right to 
such loan shall be forfeited for the time being, and he 
shall be charged with one month's interest and one month's 
premium, at the rate bid for the same by him, together 
with all expenses incurred, if any, and the money so for- 
feited shall be subject to re-loan at the next or any subse- 
quent stated meeting. In case of non-payment by bor- 
rowing shareholders of monthly dues and interest and 
j3remiums on loans or advances and all fines or arrears for 
the space of six months, such defaulting borrower, in 
addition to the original amount loaned, shall be charged 
with all monthly dues, interest, premium and fines in 
arrears, and shall have and be given credit for the with- 
drawing value of his shares, pledged and transferred as 
aforesaid, in accordance with the rule hereinafter in section 
ten provided forthe witlidrawal and cancellation of shares, 
together with the dues paid thereon from the next pre- 
ceding adjustment and valuation of shares to the date of 
such settlement ; and the balance found to be remaining 
due over and above such credit, together with an attor- 
ney's collection fee of five per cent, on said balance, shall 
be enforced and recovered on his security as debts of a 
like amount are now enforced and recoverable according 
to law. . 



1877.— Chapter 224. 617 

Section 9. Each shareholder shall pay to said cor- shareholders _^ 
poration, at each stated meetuig of the same, as a contri- a°ul'e^momMy 
butioii to the capital thereof, the sum of one dollar as ™^'^""g«- 
dues for each and every share subscribed for by him, until 
each share shall, under the provisions of this act, reach 
the ultimate value of two hundred dollars, or shall be 
sooner forfeited, cancelled or withdrawn, as hereinafter 
provided. When each unpledged share of a given series whensharesare 
shall be found to be of the value of two hundred dollars, meLts fo"cei'ser 
as aforesaid, all payments of dues thereon shall cease, and 
the holder thereof shall be entitled to receive, and shall 
be paid out of the funds of the said corporation, the sum 
of two hundred dollars for each share maturing and so 
held by him, and from the date of such maturity to the 
date of such payment shall also be entitled to receive and 
shall be paid interest at the rate of six per cent, per 
annum on the sum so due and payable : provided, Jioivever, Proviso. 
that at no time shall more than one-half the funds in 
the treasury be applicable to the payment of such matured 
shares without the consent of the board of directors ; and 
provided, further, that" the board of directors of said cor- withdrawal and 

,. 1111 ii j.j.i'T i.' X i.' retirement of un- 

poration shall have the power, at their discretion, to retire pledged shares. 
the unpledged shares of any series and to enforce the 
withdrawid of the same at any time after the fourth year 
from the date of issue thereof in such form and manner 
and subject to such terms and conditions as shall be pre- 
scribed by the by-laws. The holder or holders of all 
unpledged shares so as aforesaid retired and withdrawn 
shall be entitled to receive and shall be paid the withdraw- 
ing value of his or their share or shares in accordance 
with the rule hereinafter in section ten provided for the 
withdrawal and cancellation of shares out of the funds 
provided for the payment of withdrawals. A borrowing 
shareholder, for each share borrowed or advanced upon, 
shall, in addition to the dues aforesaid, pay the sum of 
one dollar per month as interest, together with the 
monthly premium originally bid for said loan, as herein- 
after in section twelve provided for, until said shares shall 
reach the ultimate value of two hundred dollars as afore- 
said, when said shares and said loan shall be declared can- 
celled and satisfied, unless otherwise sooner paid off and 
discharged. The right to re-issue shares in the place and Right to re-issue 

J^ & ...'■.. cancelled shares. 

stead of shares cancelled in accordance with the provisions 
of this section shall revert to said corporation. 

78 



618 



1877.— Chapter 224. 



Shareholder 
may witlulraw 
upon giving 
thirty days 
notice. 



Proviso. 



Shavchokler 
may repay loan 
at any time. 

To be charged 
with interest, 
etc., and credited 
with withdrawal 
value of shares. 



Provisos. 



Section 10. A shareholder may withdraw at any time 
by giving thirty days notice of his desire to do so on a 
book to be provided by said corporation for the purpose, 
when he shall be entitled to receive the amount of dues 
paid in l)y him on each of his shares, together with such 
proportion of the profits per share as assessed and adjusted 
at the settlement, adjustment and division of assets, profits 
and losses next preceding such notice, as the by-laws may 
determine, less all fines and the proportionate part of all 
losses and other charges accrued subsequent to said next 
preceding assessment and adjustment : provided, however, 
that at no- time shall more than one-half of the funds in the 
treasury be applicable to the demands of withdrawing 
shareholders without the consent of the board of directors ; 
miAfurtlier, that no shareholders shall be entitled to with- 
draw whose shares are held in pledge as security for a 
loan or advance on the same, except as is next hereinafter 
provided. 

Section 11. A shareholder may repay a loan at any 
time upon application to said corporation, whereupon on 
settlement of his account, he shall be charged with the 
full amount of the loan as originally made to him, together 
with all monthly instalments of dues, interest, premium 
and fines then remaining due and unpaid, and shall receive 
and be given credit for the withdrawing value of his 
shares, pledged and transferred as security for said loan, 
in accordance with the rule hereinbefore (in section ten) 
provided for the withdrawal and cancellation of shares, 
together with the dues paid thereon from the next pre- 
ceding adjustment and valuation of shares to the date of 
such settlement, and the balance found to be remaining 
due over and above such credit shall be received l)y said 
corporation in full satisfaction and discharge of said loan 
or advance : provided, that all settlements made at periods 
intervening between stated meetings of the directors, shall 
be made as of the date of the stated meeting next succeed- 
ing such settlement ; and provided, that a shareholder 
desiring to retain his shares, and menihership thorounder, 
may at his option repay his loan without claiming credit 
for said shares, whereupon said shares shall be re-trans- 
ferred to him, and he shall assume and ])e entitled to all 
the privileges of non-borrowing members, free, clear and 
discharged of and from any claim thereon by reason of 
said cancelled loan or advance. 



1877.— Chapter 224. 619 

Section 12. Premiums for loans or advances as afore- Premiums for 
said, shall consist of a percentage on the amount to be v°an"ce87* * 
loaned, advanced or borrowed, and shall be a charge in 
addition to interest as aforesaid on the amount loaned, and 
said premium shall be deemed and taken to be a consider- 
ation or bonus, paid by the borrower for the present and 
immediate use and possession of the future or ultimate 
value of the shares so pledged, and shall, together with 
interest and fines paid, be received by said corporation as 
a profit on the amount of capital invested in said loan, and 
shall be divided and distributed to the various shares, 
severalties and series of said capital in the way and man- 
ner hereinafter provided. 

Section 13. Shareholders who shall make default in Fines for default 
the payment of their monthly dues, interest and premiums, monthii^^due°8. 
shall be charged a fine not exceeding two per cent, per 
month on each dollar of such dues, interest and premiums 
so in arrears. No fines shall be charged after the expiration 
of six months from the first lapse in payment of said dues, 
interest and premiums, and no fine shall be charged upon 
a fine in arrears. The shares of all shareholders who shall 
continue in arrears for a longer period than six months 
shall, at the option of the board of directors, on thirty 
days notice to such defaulting shareholder, be declared 
forfeited, and in default of payment of said arrears before 
the expiration of said thirty days, the withdrawing value 
of said defaulting shares at the time of said first default 
shall be ascertained, and after deducting all fines and other 
legal charges, the balance remaining shall be transferred 
to an account, to be designated the " Forfeited Share Forfeited 
Account," and shall be held by said corporation, with 
respect to the shares of non-borrowing members, subject 
to the order of the defaulting shareholder entitled to the 
same without any interest from the time of such transfer, 
and upon notice in the manner hereinbefore provided (in 
section ten) for the withdrawal and cancellation of shares, 
he shall be entitled to receive the balance in due order of 
his turn, out of the funds appropriated to the payment of 
withdrawals. And with respect to the shares of borrow- 
ing members, the said directors may proceed to the en- 
forcement and recovery of the loan or advance for which 
such defaulting share or shares are or shall be pledged, in 
the manner hereinbefore provided, and on recovery of said 
loan said shares and the balance due thereon shall revert 



620 



1877.— Chapter 224. 



Proviso. 



Accounts to he 
kept by double 
entry. 



Cash book. 



Payments to be 
made by order, 
etc., signed by 
president and 
eecretury. 



to said corporation as a payment on account of said loan, 
and shall be held l)y said corporation free, clear and dis- 
charged of and from all interest, claim and demand on the 
part of such defaulting borrower or any person or persons 
claiming from or under him, her or them : j^i'ovidedy how- . 
ever, that all shares so as aforesaid forfeited or transferred 
to "Forfeited Share Account" shall cease to participate in 
or be entitled to any portion of the gains or profits of said 
corporation accruing after the adjustment and settlement 
of the accounts of said corporation and the valuation of 
shares as hereinafter provided next preceding the date of 
such forfeiture and transfer. 

Section 14. The general accounts of any corporation 
created by virtue of this act, shall in all cases be kept 
upon the system of accounting known as " double entry " ; 
all instalments and moneys received by such corporation 
from shareholders shall be receipted for by a person or 
persons designated by the board of directors, in a pass- 
book provided by the corporation for the use of and to be 
held by each member, and said pass-book shall be plainly 
marked with the name and residence of the holder thereof, 
the number of shares held by him, and the number or 
designation of the series or issue to which said shares 
respectively belong, and the date of the issue of such series. 
All monej^s so received shall be orginally entered by the 
proper officer in a book to be called the "cash book," to 
be provided by said corporation for the purpose, and the 
entries therein shall be so made as to show the name of 
the payer, the number of shares, the number or designa- 
tion of the series or issues of the particular share or shares 
so entered, together with the amount of dues, interest, 
premiums and fines paid thereon as the case may be. 
Each payment made shall be classified and entered in a 
column devoted to its kind. Said cash book shall be 
closed after the termination of each stated meeting, and 
shall be an exhibit of the receipts of all moneys paid at 
said meeting. All payments made by said corporation for 
any purpose wdnitsoever, shall be by order, chock or draft 
upon the treasurer, signed by the president and secretary, 
and endorsed by the person or persons in whose favor the 
same shall be drawn. The name of the payer, the amount 
paid, and the ])urpose, object or thing for which the said 
payment shall have been made, together with the date of 
such payment, shall bo entered on the counterfoil or mar- 



1877.— Chapter 224. • 621 

gin of said order, check or draft. Tlie treasurer shall Treasurerand 
dispose of and secure the safe keepinc? of all moneys, give security 

,1 , ... 1 i r -1 for faithful 

balances, assets, securities and property ot said corpora- performance 
tion, in the way and manner designated by the by-laws, ''^'^""®*- 
and the treasurer and secretary shall give such security 
for the true and faithful performance of their respective 
duties as the by-laws may direct. 

Section 15. The assets, capital and property of any cor- capital and 
poration created by virtue hereof, and the profits accrued ^'^°^'^'^^^' 
thereon, together with the adjustment and valuation of the 
severalties or shares thereof, so far as the same shall from 
time to time be issued, subsisting and held by the mem- 
bers of such corporation, shall be ascertained, computed 
and calculated in the following manner, to wit : — A cor- 
l^oratiou making but one issue of shares by dating* and 
referring all shares issued back to the date of the orffiini- 
zation of the corporation, known as the terminating plan, 
and not adopting the serial issue of shares as hereinbefore 
set forth and provided for, shall make an annual sfatement 
of the settlements and adjustments of the accounts and 
valuation of the shares thereof, and to that end shall ascer- 
tain the amount of capital derived from dues on shares 
during the fiscal year, together with the amount of net 
gain derived from the investments of said capital as here- 
inbefore provided for, over and above all losses and 
expenses, and the sum of the said capital and said net 
gain shall be divided and distributed equally to each share 
issued, subsisting and remaining uncancelled and unfor- 
feited at the time of such annual settlement and adjust- 
ment of accounts. A corporation issuing its shares in 
■series as hereinbefore set forth (known as the permanent 
plan), shall in all cases before the issue of a new series, 
divide, distribute and adjust, to the existing shares of all 
series previously issued, and subsisting and remaining 
uncancelled and unforfeited, all capital derived from dues 
and the net gain accrued over and above all losses and 
expenses up to the date of the issue of such new series, 
and not previously divided, distributed and adjusted, and 
to that end shall give to each share in all series previously 
issued, subsisting uncancelled and unforfeited at the time 
of such adjustment, interest at the rate of one-half of one 
per cent, per month on the value of each share, as ascer- 
tained at the next preceding settlement and adjustment of 
values ; and the sum of the interest so ascertained, dis- 



622 



1877.— Chaptek 224. 



Losses to-be 
borne by shares 
of all series 
issued. 



Officers to hold 
until successors 
are elected. 



Corporation 
may purchase 
real estate in 
which it has 
an interest. 



Tax payable to 
the treaBurerof 
the Cora mo n- 
'wealtb. 



tributed and adjusted shall be deducted from said net gain 
for the term in question, and the balance of said net gain 
so remaining after such deduction of interest as aforesaid, 
shall be distributed equally to the shares of all series so 
as aforesaid previously issued, subsisting and uncancelled, 
without regard to the value of said shares ; and the value 
of each share, or severalty, of the capital of said corpora- 
tion so ascertained shall be deemed and taken to be the 
equitable proportion of each share in the capital and its 
accrued profits aforesaid, to the date of such settlement. 

All losses made by reason of defective or unprofitable 
securities for loans or advances shall be equitably distrib- 
uted to and borne by the shares of all series issued, 
subsistinsr and uncancelled at the time of making said 
investment in proportion to the value of each share at the 
time of such loss, by the continued payment of dues, 
interest, premiums and fines accruing thereon, until said 
loss or losses are fully covered and made good, and no 
series issued after the date of such unprofitable loan or 
advance shall participate in or contribute to such loss or 
losses. 

Section 16. No corporation created under this act shall 
cease or expire from neglect on the part of such corpora- 
tion to elect ofiicers at the time mentioned in the charter 
or by-laws, and all officers elected by such corporation 
shall hold their respective offices until their successors are 
duly elected. 

Section 17. Any corporation created by or under this 
act is hereby authorized and empowered to purchase at 
any sherifi''s or other judicial sale, or at any other sale, 
public or private, any real estate upon which such corpora- 
tion may have or hold any mortgage, judgment, lien or 
other incuml)rance, or in which such corporation may have 
an interest; and the real estate so purchased, to sell, con- 
vey, lease or mortgage, at pleasure, to any person or 
persons whatsoever : provided, that all real estate so 
acquired shall bo sold within five years from the acquisi- 
tion of title thereto. 

Section 18. Every association organized under the 
authority of this act, shall pay to the treasurer of the 
Commonwealth a tax on account of its sharciiolders, of 
three-quarters of one per cent, per annum on the amount 
of its monthly dues i)aid in by such shartholdors, exclusive 
of fines, interest and premiums, to be assessed, one-half of 



1877.— Chapter 225. 623 

said annual tax on the average amount of its monthly clues 
paid in for the six months preceding the tirst day of May, 
and the other on the average amount of its monthly dues 
paid in for the six months preceding the first day of 
November, and all property taxed under this section shall 
be otherwise exempt from taxation for the current year in 
which the tax is paid. The provisions of the fifth, eighth, 
ninth and eleventh sections of the two hundred and twenty- 
fourth chapter of the acts of the year eighteen hundred 
and sixty-two, so far as applicable to savings banks, shall 
apply to the associations organized under this act. 

Approved May 14, 1877. 



Chap. 225 



An Act to authorize the boston land company to make cer- 
tain IMPROVEMENTS IN BOSTON HARBOR, AND AUTHORIZING THE 
harbor COMMISSIONERS TO GRANT TO SAID COMPANY CERTAIN 
FLATS IN SAID HARBOR. 

Be it enacted, &c., as follows : 

Section 1. The Boston Land Company are hereby May construct 
authorized to construct a ship channel not less than three suiijIfctVdirec. 
hundred feet wide and twenty-three feet deep at mean low commLsio'^erl 
water, from any channel near Governor's Island in Boston 
Harbor to some point at or near the shore on the southerly 
side of Breed's Ishmd, in such manner and in such loca- 
tion as the harbor commissioners shall approve. Upon the Commissioners 
construction of such ship channel to the satisfaction of the "' uifdcompany 
harbor commissioners within six years from the passage of lion orchrnnei. 
this act, said commissioners shall, by deed executed in 
the name and behalf of the Commonwealth, grant to said 
Boston Land Company all the estate of the Commonwealth 
in the territory in tide-water, bounded westerly by the 
line of the ownership of the flats of the shore owners on the 
easterly shore of East Boston between Sumner Street and 
Breed's Island ; northerly by the flats of the Boston Land 
Company on the southerly shore of Breed's Island and the 
flats of the shore owners on the westerly shore of the 
town of Winthrop ; easterly by a line extending from the 
line of mean high water on said westerly shore of said 
town of Winthrop to the line of mean high water on the 
westerly shore of Governor's Island ; and southerly by 
such line as the harbor commissioners shall determine 
proper for a permanent harbor-line, beyond which no wharf 
or other structure ought to be built ; or in so much and 
such portions of said territory as the harbor commission- 
ers by agreement in writing made with said company in 



624 1877.— Chapter 225. 

the name and behalf of the Commonwealth, subject to the 
approval of the governor and council, shall, at any time 
after the passage of this act, agree to grant under and 
Land company upou the tcrms of thc sauic ; and said company are hereby 
wharves and authorized to build wharves and other structures upon 
docks. piles or otherwise, sea-^'alls, docks, basins, warehouses, 

elevators and other buildings, and fill land with solid 
material and dredge within the limits of the flats belong- 
ing to said company on the southerly side of Breed's 
Island, within the limits to be described in said agreement, 
of the territory to be granted under this act and within 
the limits approved by said harbor commissioners, of 
such flats belonging to shore owners on said easterly shore 
of East Boston, and of such flats belonging to shore own- 
ers on the westerly shore of said town of Winthrop, as 
May lay out and shall be acquired l3y said company; and said company 
waVs.^'^^''^'*" shall have the right to lay out and build streets and ways 
and to lay down and use railroad tracks upon such terri- 
tory and flats within the limits aforesaid, and to lay ves- 
sels at the ends and sides of their wharves or water frout- 
• ajje constructed under this act, and to receive wharfage 

and dockage therefor, and to maintain and keep open and 
convenient for navigation at all times the ship channel 
said company are herein authorized to construct: pro- 
vided, liowever, that nothing herein shall be construed to 
Legal rights not impair the legal rights of any person or corporation; and 
eimpaire . ^jj.^^.^^i^j^^ fiirilier , that all authority conferred by this act 
shall be exercised subject to the provisions of the four 
hundred and thirty-second chapter of the acts of the year 
eighteen hundred and sixty-nine, and that said company 
shall pay into the treasury of the Conunonwealth such 
com})ensation for the territory of the Commonwealth in 
tide-water granted under the authority of this act as the 
governor and council shall determine to be just and 
equitable, and x>rovided, further, that in making the 
improvements herein authorized, provision shall be made 
Provisos. for the flow of tidc-watcr into and from Belle Isle Inlet by 

a proper channel therefrom into Boston Harbor, under the 
direction, and to the satisfaction of the harbor connnis- 
sioners, and provided, further, that no grant shall be 
executed of the interest Avhich the Commonwealth may 
have in the territory described herein until the claim of 
the East Boston Company to any part thereof has been 



1877.— Chapters 226, 227. 625 

examined by the attorney-general, and report made thereon 
by him to the legislature. 

Section 2. The determination by the o;overuor and compensation 

•1 /> 1 J .• 1 11 1 • T • 1 J to bu detcr- 

council, of what compensation shall be paid into the treasury mined before 
of the Commonwealth for the territory the grant whereof of'constr°u&don. 
is herein authorized, shall be made on the request of said 
company before beginning to construct said ship channel, 
but shall not be binding upon said company until accepted 
by said company in writing, and the payment of such 
compensation shall not be required until the execution to 
said company l)y said harbor commissioners of the grant 
hereinbefore authorized : j>rovided, hotvever, that until Proviso, 
such determination of the governor and council is accepted 
in writing by said company no work shall be done by said 
company under the authority of this act. 

Section 3. The board of harbor commissioners, with commissioners 
the approval of the governor and council, may authorize prov?m"toT' 
said company to make any of the improvements author- fromThMe'^'^ 
ized by this act, anywhere within the limits of the owner- osiers. 
ship of the flats said company shall acquire from any of 
the shore owners on the easterly shore of East Boston, 
any act establishing a harbor line on said shore to the 
contrary notwithstanding. Aiiproved May 14, 1877. 

An Act to fix the salary of the sergeant-at-arms. Char). 226 

Be it enacted, &c., as follows : 

Section 1. The salary of the ser2reant-at-arms shall be saiaryestab- 
three thousand dollars per annum commencing on the tirst 
day of April of the present year. 

Section 2. This act shall take efl'ect upon its passage. 

Ajyproved May 15, 1877. 

An Act establishing an asylum for the chronic insane, Cham. 227 

Be it enacted, &c., as follows : 

Section 1. There shall be established at Worcester a Asyiumforthe 
temporary asylum for the chronic insane, and so much of '^^^0"^° "i^^ne. 
the land and buildings there situate heretofore used for a 
lunatic hospital, as the trustees thereof may deem neces- 
sary, is hereby appropriated for the use of such asjdum. 

Section 2. The trustees of Worcester lunatic hospital To be in charge 
are hereby invested with the same authority relative to the >voicester hos- 
mauagement and government of said asylum, the care of ^"'^'* 
the inmates thereof, the custody of its funds, and the col- 
lection and disbursement of moneys for and on account of 
79 



626 



1877.— Chapter 228. 



Trustees may 
sell land. 



it, and to the same extent, as if the asylum was a part of 
J"'rtT"i,o°ara of ^'"^^^^ hospital : provided, howevei', that the inmates thereof, 
stale charities, shall consist ouly of such chronic insane as may be trans- 
ferred thereto by the board of state charities in the 
manner provided in section four of chapter two hundred 
and forty of the acts of the year eighteen hundred and 
sixty-three. 

Section 3. Said trustees are hereby authorized to sell 
and convey any land heretofore used by said hospital, not 
nec(?st«5iry for the purpose of the asylum, in accordance 
with the provisions of section four of chapter two hundred 
and thirty-eight of the acts of the year eighteen hundred 
and seventy. 

Section 4. This act shall take effect on the first day of 
September next. Approved May 15, 1877. 

Oliap. 228 An Act in relation to tue board of street commissioners of 

THE CITY OF BOSTON. 

Be a enacted, &c., as follows : 

Section 1. The city council of the city of Boston is 
hereby authorized to delegate to and confer upon the 
board of street commissioners of said city any powers 
now vested in the board of aldermen, whether in conjunc- 
tion with the mayor or otherwise, with reference to the 
care, maintenance and repair of the highways, streets, 
causeways and bridges in said city, or any powers now 
vested in or exercised by the board of aldermen of said 
city as surveyors of highways therein. It may likewise 
delegate to said board of street commissioners the powers 
vested in said board of aldermen, whether in conjunction 
with the mayor or otherwise, to regulate, restrict and con- 
trol the acts and doings of all gas light companies in sink- 
ing, laying and repairing their pipes in the streets, lanes 
and •highways in said city. 

Section 2. The city council of the city of Boston is 
hereby authorized to delegate to and confer upon the 
l)oard of street commissioners of said city any powers 
now vested in the board of aldermen, whether in conjunc- 
tion with the mayor or otherwise, to lay, make, maintain 
and repair main drains and common sewers within said 
city, and to ;!issess upon persons by law liable thereto 
their proportional part of the charge of laying, making 
and ri'pairing the same, together with all other powers 
with reference to said main drains and common sewers 



Street commis- 
eioners may be 
invested with 
powers now 
exercised by 
board of alder- 
men, in care of 
streets, etc. 



May bo charged 
with powers 
in relation to 
sewers. 



1877.— Chapter 229. 627 

now vested in or eiercised by said board of aldermen, 
whether in conjunction with the mayor or otherwise. 

Section 3. The city council of the city of Boston citycoiindimay 
may direct under what limitations and restrictions the uons of powers 
powers, herein authorized to be delegated to and conferred ^'^^^s^^"'^- 
upon the board of street commissioners of said city, shall 
be exercised, may modify said powers from time to time, 
or may revoke the same or any of them. 

Section 4. This act shall take effect upon its accept- 
ance by the city council of the city of Boston. 

Aj^lJroved May 15, 1877. 

An Act relative to proceedings affecting the title to real (JJiar), 229 

ESTATE. ^' 

Be it enacted, &c., as follows : 

Section 1. No writ of entry, petition for partition, or Description of 
other proceeding, either in law or equity, affecting the recordeTil/?eg! 
title to real estate, shall affect persons other than the befo^,epers'o1a% 
parties thereto, their heirs and devisees, and persons hav- other tiian par.' 

• titJS to DroCGGQ- 

iug actual notice thereof, until a memorandum containing i"gs, shaii be ' 
the names o£ the parties to such proceeding, the court in ^ '^'^ '^ • 
which it is pending, the date of the writ or other proceed- 
ing, and the name of the city or town in which the real 
estate liable to be affected is situated, together with a 
description of such real estate sufficiently accurate for 
identification, shall be recorded in the registry of deeds 
for the county or district in which such real estate lies ; 
but this act shall not be construed to apply to attachments 
or levies of execution, which shall continue to be subject 
to the provisions of law now in force in relation thereto, 
nor to proceedings in the probate courts or upon appeals 
therefrom. 

Section 2. . At any time after final judgment or decree certificate of 
in favor of the defendant, or the discontinuance, dismissal ofTlfrndJnrto 
or other final disposition of the suit, by consent of parties ci'erk! and may'^ 
or otherwise, or in case of the non-entry of the writ, peti- be recorded 
tion or bill of complaint mentioned in section one, the clerk j^iai record 
of the court wherein such judgment, decree, discontinuance, 
dismissal or other final disposition is recorded, or out of 
which such writ issued, or to which such petition or bill 
of complaint was addressed, shall upon demand give a 
certificate of the fact of such judgment, decree, discontinu- 
ance, dismissal, final disposal or non-entry, which may be 
recorded in the registry wherein the original record men- 
tioned in section one was made. 



was made. 



628 1877.— Chapters 230, 231. 

nortoTeTfluct. Section 3. All laws relating to the recording of deeds 
ed. and other instruments shall apply to the memoranda speci- 

fied in the first section of this act. Nothing herein con- 
tained shall apply to or in any manner affect any cases now 
pending. Ajiproved Mmj 15, 1877. 

Chap. 230 An Act to amend chapter two hundked and twenty-four of 

THE acts of the YEAR EIGHTEEN HUNDRED AND SEVENTY, 

entitled an act concerning manufacturing and other 
corporations. 

Be it enacted, &c., as follows : 
pn^skionufnd Section 1. Thc ]ial)ility of officci's of corporatlons for 
diiectors of dcbts and contracts of the corporation in the cases specified 

corporations. . ^ n -i ii-St'. /> •!• 

in the first, second and third divisions or section thirty- 
eight of chapter two hundred and twenty-four of the acts 
of the year eighteen hundred and seventy, shall extend 
only to the president and directors. 
fomng7omake SECTION 2. AVhcH ally corporation shall have failed 
returns for two for two succcssive ycais to make the annual statement 

years may be . " • 

dissolved. required by section thirty-three of chapter two hundred 

and twenty-four of the acts of the 3'ear eighteen hundred 
and seventy, or any act in amendment thereof, the com- 
missioner of corporations may apply to the supreme judicial 
court for a dissolution of such corporation, and the court 
after due notice to all parties interested may proceed to 
hear the matter and for reasonal)le cause decree a dissolu- 
tion of the corporation. The provisions of sections thirty- 
six and thirty-nine of chapter sixty-eight of the General 
Statutes shall apply to corporations so dissolved. 

Increase of SECTION 3. Whcii auv Corporation, other than a gas 

capital. . 1 . . . • . 

Biiarus not taken com))any, wliich is subiect to the provisions of chapter two 

bv slocklioldcrs i ./ ' J i i 

to bo sold .as hundred and twenty-four of the acts of the year eighteen 
dhect!"''^'''^^ hundred and seventy, shall increase its ca[)ital stock, the 
shares which are not taken by shareholders may be sold 
or issued in such manner as the stockholders of the corpo- 
ration shall by vote direct : j^^'ovided, that no shares shall 
be so sold for a less amount than the par value thot'eof. 
Section 4. This act shall take effect upon its passage. 

Aj-tprovcd May 15, 1877. 



Chap. 231 -^N ^^"^ "^^ punish embezzlements by trustees, guardlans, ex- 

ECUTOKS AND ADMINISTRATORS. 

Be it enacted, &c,, as foUoivs: 
cnXzziwncnt Section 1. I f a trustcc uudcr an cxprcss trust, crcatcd 
by trustee, by souic dccd, will or instrument in writing, or a guardian, 



1877.— Chapters 232, 233. G29 

executor or administrator, or any person upon or to whom guardian, ex- 
such a trust shall have devolved or come, shall embezzle admhlis^uator, 
or fraudulently convert or appropriate any money, goods 
or property held or possessed by him for the use or benefit 
either wholly or partially of some other person, or for any 
public or charitable purpose, to or for his own use or 
benefit, or the use or benefit of any person other than such 
person as aforesaid, or for any purpose other than such 
public or charitable purpose as aforesaid, or shall otherwise 
fraudulently dispose of or destroy any such property, he 
shall be deemed guilty of larceny and shall be punished by 
imprisonment in the state prison not exceeding ten years 
or by a fine not exceeding two thousand dollars and 
imprisonment in the jail not exceeding two years. 

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

Ap2'>roved May 15, 1877. 

An Act in regard to travelling on the lord's day. Qhaj). 232 

Be it enacted, &c., as follows : 

Section 1. The provisions of section two of chapter Provisions of 
eighty-four of the General Statutes prohibiting travelling to' be defence"© 
on the Lord's Day shall not constitute a defence to an to passMg'rr."'^ 
action against a common carrier of passengers for any tort 
or injury suffered by a person so travelling. 

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

Approved May 15, 1877. 

An Act relating to discipline in the westborough reform (JJicir) 233 

SCHOOL. -^* 

Be it enacted, &c., as folloivs: 

Section 1. Corporal punishment shall only be per- corporai pun. 
mitted in the Westborough Reform School under such perSed'under 
rules and regulations and by such modes as shall be '{^"'^'^^Pj^gg"'^*'*^ 
prescribed by the trustees. No such punishment shall be 
inflicted, except by the direction of the superintendent or 
assistant superintendent in charge, to whom the offence 
shall be reported, and who shall designate the nature and 
extent of punishment to be inflicted. 

Section 2. In every case of such punishment, a record Record to be 
of the offence and the mode and extent of the punishment sented to trust- 
shall be made and presented to the trustees at their next '^^^' 
meeting. 

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

Approved May 16, 1877. 



630 



1877.— Chapter 234. 



Chap. 234 An Act to amend chapter forty-four of tue general statutes 
IN relation to the repair of highways, and remedies for 

INJURIES SUSTAINED THEREON. 



Highways and 
bridges to be 
kept in repair 
at expense of 
towns in which 
situated. 



Liability for 
injuries received 
upon highwaj's, 
etc. 



Carriage and 
load not to ex- 
ceed six tons. 



Person injured 
to give notice 
of place and 
cause of injury. 



May bring 
action within 
two years. 



To whom notice 
shall be given. 



Be it enacted, &c., as follows : 

Section 1. Highways, town ways, streets, causeways 
and britlges shall bo kept in repair at the expense of the 
town, city or place in which thej^ are situated when other 
provision is not made therefor, so that the same may be 
reasonably safe and convenient for travellers, with their 
horses, teams and carriages at all seasons of the year. 

Section 2. If a person receives or suffers bodily 
injury, or damage in his property, through a defect or 
want of repair, or of sufficient railing in or upon a high- 
way, town way, causeway or bridge, which might have 
T3een remedied, or which damage or injury might have 
been prevented by reasonable care and diligence on the 
part of the county, town, place or persons by law o])liged 
to repair the same, he may recover in the manner herein- 
after provided, of the said county, town, place or persons, 
the amount of damage sustained thereby, if such county, 
town, place or persons had reasonable notice of the defect 
or might have had notice thereof by the exercise of proper 
care and diligence on their part ; but no such damage shall 
be recovered by a person whose carriage and load thereon 
exceed the weight of six tons. 

Sp:ction 3. Any person injured in the manner set forth 
in the preceding section shall within thirty days thereafter 
give notice to the county, town, place or persons by law 
obliged to keep said highway, town way, causeway or 
bridge in repair, of the time, place and cause of the said 
injury or dan)age, and if the said county, town, place or 
persons do not pay the amount thereof, he may within 
two years after the date of said injury or damage bring an 
action of tort against said county, towni, place or })ers()ns, 
in the superior court to recover the same : provided, how- 
ever, that no person shall recover in any such action a 
greater sum for damages than four thousand dollars. 

Section 4. The notice hereinbefore required may be 
given in the case of a county, to any one of the county 
commissioners or to the county treasurer ; in the case of a 
city, to the mayor, the city clerk or treasurer, or to any 
police officer; and in the case of a town, to one of the 
selectmen or to the town treasurer or clerk ; and may also 
be given by the person injured or by any other person in 



1877.— Chapter 235. 631 

his behalf: j)^'Ovided, hoivever, that if from physical or Proviso. 
mental incapacity it be impossible for the person injured to 
give the notice within the time hereinbefore provided, he 
may give notice within ten days after said incapacity is 
removed. 

Section 5. Such action against any such town, place Action to be 
or persons, shall be brought in the county wherein the said cou"fy' where 
town or i)lace is situated or said persons reside : provided, ^^-'^'^'^^''^uated. 
that actions against the city of Bostqn may be brought in 
the county of Middlesex or in the county of Norfolk or in 
the county in which the party bringing such action resides ; 
and actions against the town of Nantucket, or any town in 
Dukes County, may be brought in the county of Bristol. 

Section 6. Section one and section twenty-two of e^^*^^44°«« i 22 
chapter forty-four of the General Statutes are hereby 
repealed ; but this repeal shall not affect any action or 
cause of action now pending. Approved May 16, 1877. 

An Act relating to the registration of voters. Chap. 235 

Be it enacted, &c., as follows : 

Section 1. In cities, the place of residence of each Registration of 
voter as of the first day of May next preceding the making 
up of the voting lists shall be entered thereon opposite the 
name of the voter ; and the assessors of taxes in cities 
shall enter opposite the name of each resident male tax 
payer in the list committed by them to the collectors of 
taxes, the residence, giving the street and number if pos- 
sible, and the same entry shall be made on the tax bills 
distributed to such tax payers. The tax bills of persons Distribution of 
assessed for a poll tax only, shall be distributed on or '^^ ' ®" , 
before the fifteenth day of Se^rtember of the year in which 
the tax is assessed. 

Section 2. In cities, registration of voters shall cease Registration to 
at twelve o'clock midnight of the seventh day next pre- ntgiit of seventh 
ceding the day of any election ; and no name shall there- ei^cuon?"'^"'^ 
after be entered on the voting lists of cities except as 
provided in sectimi ten of chapter three hundred and sev- 
enty-six of the acts of the year eighteen hundred and 
seventy- four. * 

Section 3. Section six of chapter sixty of the acts of Am'-ndment to 
the year eighteen hundred and seventy-four is hereby 
amended by striking out the word " twenty " wherever it 
occurs therein, and inserting in its place the word "twenty- 
four." Approved May 16, 1877. 



632 



1877.— Chapter 236. 



Chajy. 



236 An Act concerning appeals in district, municipal and police 
courts and before trial justices. 



Appellant to 
recognize with 
sureties to enter 
and proRCCute 
his appeal and 
to respond to 
judgment for 
costs. 



Proviso. 



In municipal 
courts in Boston 
bond to be filed. 



Judgment to 
be final when 
defendant tiles 
an oftVr of judg- 
ment. 



Be it enacted, &c., as folloivs : 

Section 1. No appeal from a judgment of a district, 
municipal or police court, or trial justice, in any civil 
action or proceeding, except such as may be commenced 
under chapter one hundred thirty-seven of tlie General 
Statutes, shall be alhjwed, unless the appellant within 
twenty-four hours aft«r the entry of judgment shall recog- 
nize to the adverse party with sufficient surety or sureties, 
to be approved by the adverse party or by the judge or 
clerk of the court or trial justice rendering the judgment, 
in a reasonable sum to be fixed by the judge, clerk, or 
trial justice aforesaid, or approved by the adverse party, 
with condition to enter and prosecute his appeal with 
effect and to satisfy any judgment which may be entered 
against him in the superior court upon said appeal for costs 
within thirty days of the entry of such judgment : provided, 
that the judge, clerk or trial justice aforesaid may for 
cause shown extend the time for recoffuizinfj. In deter- 
mining the sufficiency of the sureties upon such recogniz- 
ance, the said judge, clerk or trial justice may examine 
upon oath, to be administered by either of them, the 
persons offered as sureties and all other '^'itnesses produced 
by either party, as to the sufficiency of said recognizance. 
In civil actions before a district, municipal or police court, 
or trial justice, if the plaintiff appeals from a judgment in 
his favor, or if a defendant appeals from a judgment in his 
favor upon a demand in set-off, and does not recover in 
the court above a greater sum for debt or damas^es than 
he recovered by the first judgment, he shall recover no 
costs arising after the appeal, and shall i)ay the costs of 
the adverse party arising after the appeal. In the mu- 
nicipal courts of the city of Boston, instead of entering into 
recognizance, the party appealing shall file a bond, with 
surety or sureties, to the adverse party, within the same 
time, upon the same conditions, and with the same powers 
in the judge and clerk as are herein provided in respect to 
recognizances in other courts. 

Section 2. Whenever the defendant in any case before 
a district, niunici})al or police court, or trial justice, files 
an oiler of judgment, under the j)rovisions of section sixty- 
two of chapter one hundred and twenty-nine of the General 



1877.— Chapter 237. 633 

Statutes, and judgment is rendered thereon, such judgment 
shall be final. 

Section 3. Said courts shall not be required to collect fjj'|"|.'^!^|"J'*jj 
of the plaiutifl'the fee provided by law for trial of an issue, tve tor uiai. ' 

Approved May 16, 1877. 

An Act to amend the charter of the ohapin banking and Chap. 237 

TRUST company OF SPRINGFIELD, 

Be it enacted, &c., as folloivs : 

Section 1 . The Chapin Banking and Trust Company May be appoint. 
of Springfield may be appointed trustee under any will or an Insti-umonr'^ 
instrument creating a trust, for the care and management ?oTl;arfoVpi"op- 
of property, under the same circumstances, in the same ^^^y- 
manner, and subject to the same control by the court having 
jurisdiction of the same, as in the case of a legally qualified 
person. The capital stock of said corporation, with the capital stock 
liabilities of the stockholders existing thereunder, shall be stociihoiders° 
held as security for the faithful discharge of the duties under- for^liThfuuL- 
taken by virtue of this act, and no surety shall be required ciia'ge of duties. 
upon the bonds filed by said corporation. In all proceedings 
in the probate court or elsewhere connected with any author- 
ity exercised under this act, all accounts, returns and other Accounts may 
papers may be signed and sworn to in behalf of the cor- anofficerofthe 
poration, by any officer thereof duly authorized by it, and '=o''Po»"*''°'^- 
the answers and examinations, under oath of such officer, 
shall be received as the answers and examinations of the 
corporation, and the court may order and compel any and 
all officers of said corporation to answer and attend said 
examinations in the same manner as if they were parties 
to the proceedings or inquiry instead of the corporation : 
provided, Jioicever, that said corporation shall not be 
required to receive or hold any property or moneys, or 
to execute any trust contrary to its own desire. 

Section 2, In the management of money and prop- to invest trust 
erty held by it as trustee under the powers conferred in orai trust fuifd of 
the foregoing section, said corporation shall invest the t"^*^ '=°'"P''*°y- 
same in the general trust fund of the company : provided. Provisos. 
that it shall be competent for the authority making the 
appointment, to direct, upon the conferring of the same, 
whether such money and property shall be held separately 
or invested in the general trust fund of the company ; and 
provided, also, that said corporation shall always be bound 
to follow and be entirely governed by all directions 

80 



634 1877.— Chapters 238, 239. 

contained in any will or instrument under which it 
may act. 
propcrtyhcidby SECTION 3. No moncv, propcrtv or securities received 

compiiny not to i i i i • i i j i • • £• i • ±_ 

be mingled with Or hcid uy Said company under tlie provisions ot this act 
crpkautock? shall be mingled with the investments of the capital stock 
or other moneys or j)roperty belonging to said corporation, 
or be liable for the debts .or obligations thereof. 
madetocom^ Section 4. Thc rctums of said corporation required 

missioners of to bc made to the commissioners of savings banks shall be 
in the form of a trial balance of its books, and shall specify 
the different kinds of its liabilities and assets, in accord- 
ance with a blank form to be furnished by said commis- 
sioners. And these returns shall be published in a news- 
paper of the city of Springfield at the expense of said 
corporation, and in the annual report of said commis- 
sioners. 
Subjccttoac- Section 5. This act shall take effect upon its accept- 

ceplance by , . , . i • i , • ^y ,^ i i 

corporatiou. aiicc by Said corporatiou, which acceptance, with the date 
thereof, shall within ten days thereafter be certified by the 
president to the secretary of the Commonwealth. 

Ajyprovecl May 16, 1877. 

Ghap. 238 An Act to amend an act, entitled "an act to authorize the 

COUNTY COMMISSIONERS OE THE COUNTY OF FRANKLIN TO" BORROW 
MONEY FOR THE PURPOSE OF PAYING SUCH COSTS AND EXPENSES AS 
SAID COUNTY MAY BE REQUIRED TO PAY, UNDER THE PROVISIONS OP 
AN ACT RELATING TO SUNDERLAND BRIDGE." 

Be it enacted, &c., as follows: 
County of Chapter one hundred and forty-five of the acts of the 

Franklin may » 1.4 

boiTowmoney, year cightecu hundred and seventy-seven, being " x\n Act 
1877,145. to authorize the county commissioners of the county of 

Franklin to borrow money for the purpose of paying such 
costs and expenses as said county may be required to pay 
under the provisions of an act relating to Sunderland 
Bridge," and approved the twentieth day of April in the 
year eighteen hundred and seventy-seven, is hereby amend- 
ed in line three, by striking out the word "two," and insert- 
ing in place thereof, the word "thirteen." 

Apjyroved May 1(5, 1877. 

Chap. 239 An Act to amend the charter of the new England trust 

COMPANY. 

Bc it enacted, &c., as follows : 
May be trustee SECTION 1. Thc Ncw England Trust Comiiauy may be 

under any m- t^ , I J J 

struracnt creat- appoiutcd trustcc uudcr any will or instrument creating a 



1877.--CHAPTER 239. 635 

trust, for the care and management of property, under the ing a trust for 
same circumstances, in the same manner, and su])ject to <=^"^° p»"p*^' y- 
the same control by the court havino; jurisdiction of the 
same, as in the case of a legally qualified person. 

The capital stock of said corporation, with the liabilities socnnty for 
of the stockholders existing thereunder, shall be held as charge of 'duties. 
security for the faithful discharge of the duties undertaken 
by virtue of this act, and no surety shall be required upon 
the bonds filed by said corporation. In all proceedings in 
the probate court or elsewhere connected with any authority 
exercised under this act, all accounts, returns and other Accounts may 
papers may be signed and sworn to in behalf of the cor- a,^ o^cer*of the 
poration, by any officer thereof duly authorized by it ; and corporation. 
the answers and examinations, under oath of such officer, 
shall be received as the answers and examinations of the 
corporation, and the court may order and compel any and 
all officers of said corporation to answer and attend said 
examinations in the same manner as if they were parties 
to the proceedings or inquiry instead of the corporation : 
provided, hoivever, that said corporation shall not be re- 
quired to receive or hold any property or moneys or to 
execute any trust contrary to its own desire. 

Section 2. In the management of money and property, to invest trust 
held by it as trustee under the powers conferred in the eraHni"tfun^fof 
foregoing section, said corporation shall invest the same ti^e company. 
in the general trust fund of the company : j^rovided, that Provisos. 
it shall be competent for the authority making the appoint- 
ment, to direct, upon the conferring of the same, whether 
such money and property shall be held separately or 
invested in the general trust fund of the company ; and 
provided, also, that said corporation shall always be bound 
to follow, and be entirely governed by all directions con- 
tained in any will or instrument under which it may act. 

Section 3. No money, property or securities received rropertyheidby 

•^ ■*■ '■ ^ coTiipiiiiv not to 

or held by said company under the provisions of this act i)e mingled with 
shall lie mingled with the investments of the capital stock, capitarsVock? 
or other moneys or property belonging to said corporation, 
or be liable for the debts or obligations thereof. 

Section 4. The returns of said corporation required Returns to be 

.. ^ •111111 made to com- 

to be made to the commissioners ot savings banks shall be missionersof 
in the form of a trial balance of its books, and shall specify ®''""^* 
the different kinds of its liabilities, and the different kinds 
of its assets, stating the amount of each kind, in accord- 
ance with a blank form to be furnished by said commission- 



636 



1877.— Chapteks 240,241. 



Subject to ac- 
ceptance by 
corporation. 



Chap 



Amendment to 
1S77, 177. 



crs. And these returns shall be published in a newspaper 
of the city of Boston at the expense of said corporation, 
and in the annual report of said commissioners. 

Section 5. This act shall take eflect upon its accept- 
ance by said corporation, which acceptance, with the date 
thereof, shall within ten days thereafter be certified by the 
president of the corporation to the secretary of the Com- 
monwealth. Approved May 16, 1877. 

. 240 Ax Act to amend an act of the present year relative to costs 
IN actions under the trustee process. 

De it enacted, &c., as foUoivs : 

Section 1. Section two of an act relative to costs in 
actions under the trustee process, approved May fourth, 
eighteen hundred and seventy-seven, is hereby amended 
by striking out the words "or before any justice of the 
peace or trial justice"; and said section two shall not be 
construed to alter or repeal section two of chapter three 
hundred and thirty of the acts of the year eighteen 
hundred and seventy. 

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

Apiyroved May IG, 1877. 



Char). 241 ^^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 folloxvs : 

Section 1. The sums hereinafter mentioned arc appro- 
priated to be paid out of the treasury of the Common- 
wealth, from the ordinary revenue, 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 twenty, relating to 
returns from county and city prisons, a sum not exceeding 
eight hundred and fifty dollars. 

In the act, chapter one hundred and forty-eight, to fix 
the salary of the clerk of the police court of Nowbury- 
port, the sum of two hundred dollars. 

In the act, chapter one hundred and eighty-three, relat- 
ing to the temporary aid of state paupers by cities and 
towns, a sum not exceeding twenty thousand dollars. 

In the act, chapter one hundred and eighty-eight, fixing 
the salary of the justice of the second district court of 
Bristol, the sum of five hundred dollars. 



Appropriations. 



ricturns from 
prisons. 



Clerk of police 
court of New- 
buryport. 



Aid to state 
paupers. 



Justice second 
district court of 
Bristol. 



1877.— CiiAPTEK 241. 637 

Any sums of money received under the provisions of r"''<^'>^se of mii. 
chapter one hundred and sixty-one of the acts of the pres- 
ent year, shall be paid into the treasury of the Common- 
wealth ; and said sums are hereby appropriated to be used 
in accordance with the provisions of said act. 

In the act, chapter one hundred and ninety-five, estab- Advisory board 
lishing an advisory board of women for sundry institutions, ° ^^'''"™- 
a sum not exceeding five hundred dollars. 

In the act, chapter two hundred, abolishinof the office of Medical ex- 
coroner, and providiug tor medical exammations and ni- aua luquests. 
quests in cases of death from violence, a sum not exceed- 
ing one thousand dollars. 

In the act, chapter two hundred and three, fixins; the cierkofinsur. 

, ^ .1 1 1 /. ii • • • '"'ce commis- 

salary oi the clerk oi the msurance commissioner, a sum siouer. 
not exceeding two hundred dollars. 

In the act, chapter two hundred and eight, to provide Registers of 

voters. 

for keeping registers of voters in towns, a sum not 
exceeding seven hundred and fifty dollars. 

In the act, chapter two hundred and twelve, providing a cierk of police 
clerk for the police court in Gloucester, a sum not exceed- Gloucester. 
lug five hundred and fifty dollars. 

In the act, chapter two hundred and thirteen, to estab- Harbor and land 

Ti, I/.!! Ill •• ,111 commissioners. 

Iish boards oi harbor and land commissioners, the balances 
of the appropriations heretofore made for similar commis- 
sioners shall be held applicable. 

In the act, authorizing appeals from decisions of the tax Appeals from 

I ,• , Z\ J A- /"• decisions of tax 

commissioner in relation to the taxation ot insurance com- commissioner. 
panics, a sum not exceeding three hundred dollars. 

In the resolve, chapter forty-nine, in fiivor of Patrick Patrick Mihan. 
Mihan, the sum of seven hundred twenty-eight dollars and 
seventy-six cents. 

In the resolve, chapter fifty, in favor of Samuel Hilman, samuei miman. 
the sum of one hundred and twenty-five dollars. 

In the resolve, chapter fifty-one, relating to the celebra- Centennial 
tion of the centennial anniversary of the battle of Ben- ofthebauieof 
nington, and in aid of erecting a monument in commemo- ^"""'"^'°°- 
ration of the same, a sum not exceeding two thousand five 
hundred dollars to defray expenses of the legislative visit 
thereto. 

In the resolve, chapter fifty-three, in favor of companies ^"^^^"g^j''^. 
A and D, first battalion of cavalry, Massachusetts volun- taiion'cavairy, 
teer militia, a sum not expeediug four hundred and eighty- 
seven dollars. 



638 



1877.— Chapter 241. 



Rents of ar- 
mories. 



Indexing state 
archives. 



Public charities. 



Supervision 
of statistics. 



In the resolve, chapter fifty-four, reimbursing sundry 
cities and towns for payments made on account of rent of 
armories, a sum not exceeding nine thousand six liundred 
eighty-eight dollars and ninety-four cents. 

In the resolve, chapter tifty-seven, relating to the indes;- 
inof of the state archives, a sum not exceeding: two thou- 
sand dollars. 

In the resolve, chapter fifty -nine, authorizing the 
appointment of a commission to inquire into the expe- 
diency of revising the system of administration of the 
public charities, a sum not exceeding one thousand five 
hundred dollars. 

In the resolve, chapter sixty, providing for the super- 
vision of statistics, a sum not exceeding five hundred 
dollars. 



Boundaries 
of state prison 
lauds. 



Catalogue of 
state library. 



Northampton 
lunatic lioBi)ital. 



Agent of board 
of state charities. 



Transportation 
of state paupers. 



Expenses of 
c.ises of settle- 
ment, etc. 



Massachusetts 
Infant Asyhirn. 



MISCELLANEOUS. 

For costs and legal expenses incurred under the act to 
provide for establishing the boundary lines of the state 
prison lands, approved May fifteenth, eighteen hundred 
and seventy-one, a sum not exceeding one thousand five 
hundred dollars. 

For preparing a catalogue of the state library, a sum 
not exceeding six hundred dollars, which may be allowed 
and paid. 

For the redemption of the Northampton lunatic hos- 
pital loan, a sum not exceeding thirty-one thousand 
dollars. 

For expenses of the agent of the board of state charities, 
a sum not exceeding five hundred dollars, to be in addition 
to the appropriation heretofore made for the present 
year. 

For the transportation of lunatic and other state paupers, 
a sum not exceeding one thousand dollars, to be in addition 
to the a})pro[)riation heretofore made for the present 
year. 

For expenses attending the management of cases of 
settlement and bastardy, a sum not exceeding five hundred 
dollars, to be in uddition to the appropriation heretofore 
made for the i)resent year. 

For the reimbursement of the ^Massachusetts infant 
asylum, for the support of infants having no known settle- 
ment in this Commonwealth during the present and 



1877.— CiiAPTEE 242. 639 

previous }'erirs, a sum not exceeding five thousand dollars, 
to be in addition to the sums heretofore appropriated. 

For expenses of legislative committees of the present Legislative 

. T . ,, Tiiiji committees. 

session, a sum not exceednig two thousand dollars, to be 
in addition to the appropriation heretofore made for the 
present year. 

For expenses of the commissioner of corporations, a sum commissioner 
not exceeding two hundred and fifty dollars, iu addition to " '-a'porations. 
the appropriation heretofore made for the present year. 

For the contingent expenses of the surgeon-general, a smgeon. 
sum not exceeding one thousand dollars, in addition to^'*'"^''^' 
the appropriation heretofore made for the present year. ■ 

The appropriation for expenses of legislative committees committees 
for -the present year may be held applicable to any ex- lec^ess^"""^ 
penses of committees authorized to sit during the recess. 

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

Approved May 16, 1877. 

An Act making appropriations for the furnishing and main- QJian. 242 

TENANCE OF THE DANVERS INSANE HOSPITAL. ^ ' 

Be it enacted, &c., as follows : 

Section 1. The sum of fifty thousand dollars is hereby Appropriation 
appropriated for the purpose of furnishing and providing bospitar'""^ 
for the occupancy of the hospital for the insane, now being 
erected at Dan vers, to be expended under the authority 
and by the direction of the trustees hereafter to be 
appointed according to law. 

Section 2. The further sum of twenty thousand dollars Maintenance 
is hereby api)ropriated, to be expended under the authority ° ""P'ta- 
and by the direction of said trustees, for the maintenance 
of the hospital till it shall be in the receipt of an income 
from the support of patients. 

Section 3. In order to meet any expenses incurred wanantsmay 

«/ 1. \yQ c'rnwn lor 6X- 

by said trustees undei- the provisions of this act, the gov- penses incurred. 
ernor is authorized to draw his warrant on the treasurer of 
the Commonwealth for such sums as may be required from 
time to time for carrying out said provisions. 

Section 4. Said trustees shall present all their ac- Accounts of 
counts relating to the disposition of the amount appro- sublnittecTto^ 
priated by the first section of this act to the auditor, for ti^e auditor. 
examination and approval. 

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

Approved May 16, 1877. 



640 1877.— Chapters 243, 244, 245. 

Chap. 243 An Act in addition to an act for the relief of the eastern 
railroad company and the securing of its debts and 
liabilities. 

Be it enacted, &c., as follows : 

uinln^pfny'as Section 1. The Easterii Railroad Company, with the 
collateral secu- assGiit of the ti'ustees under the mortj^aije made in pursu- 

nty for money pi it t ^ • -i 

borrowed. aucc oi chapter two hundred and thirty-six ot the acts of 

the year eighteen hundred and seventy-six, may pledge as 
collateral security for money borrowed, any of the prop- 
erty which by section thirteen of said act it is authorized 
to sell with the assent of said trustees, and may give the 
pledgee the same rights in the property so pledged as if 

Proviso. the same were not mortgaged to said trustees : provided, 

always, that the proceeds of a loan so effected shall not be 
applied or disposed of, except for the purposes specified in 
said section thirteen, and except with the consent of the 
trustees first had and obtained. 

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

Approved May 16, 1877. 
Chap. 244 An Act in further addition to an " act to establish a hospital 

FOR THE INSANE IN THE NORTH-EASTERN PART OF THE COMMON- 
WEALTH." 

Be it enacted, &c., as follows : 

^plnditure Section 1. Thc commissionci's appointed uuder-authoi'- 

authorized. Hy of chapter two hundred and thirty-nine of the acts of the 
year eighteen hundred and seventy-three, and their success- 
ors in authority, are authorized to expend for the purpose 
named and under the conditions prescribed in the first 
section of said act, (except so far as relates to the aggre- 
gate expenditure,) the sum of one hundred and fifty thou- 
sand dollars, in addition to the amounts heretofore author- 
ized ; and the same is hereby appropriated, to be provided 
in the manner and under the conditions prescribed for the 
expenditures authorized in said act. 

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

A2iproved May 16, 1877. 
Chap. 245 An Act to amend the charter of the boston safe deposit and 

TRUST company. 

Be it enacted, &c., as follows : 

Si'ieiock! Section 1. The Boston Safe Deposit and Trust Com- 

pany may from time to time increase its capital stock to 
an amount not exceeding one million doHars. 



1877.— Chapter 245. 641 

Section 2. The said company may be appointed May be trustee 
trustee under any will or instrument creatmg a trust for instrument 
the care and management of property, under the same forca^foVprop- 
circumstances, in the same manner, and subject to the '^'"'^' 
same control by the court having jurisdiction of the same, 
as in the case of a legally qualified person. The capital capUai stock 

1 /. . -, • • 1 ji !• 1 •!• • f i^\ i 1 nelil as security 

stock 01 said corporation, with the habilities or the stock- for faithful dss. 
holders existing thereunder, shall be held as security for "^ ^'^^° 
the faithful discharge of the duties undertaken by virtue 
of this act, and no surety shall be required upon the bonds 
filed by said corporation. In all proceedings in the pro- 
bate court or elsewhere, connected with any authority 
exercised under this act, all accounts, returns and other 
papers may be signed and sworn to, in behalf of the cor- 
poration, by any officer thereof duly authorized by it ; and 
the answers and examinations under oath of such officer 
shall be received as the answers and examinations of the 
corporation, and the court may order and compel any and 
all officers of said corporation to answer and attend said 
examinations in the same manner as if they were parties 
to the proceedings or inquiry instead of the corporation : 
jprovided, liowever, that said corporation shall not be Proviso. 
required to receive or hold any property or moneys or to 
execute any trust contrary to its own desire. 

Section 3. In the management of money and property To invest prop- 
held by it as trustee under the powers conferred in the trustee, in gen^^ 
foregoing section, said corporation shall invest the same compa"iyf""'^"^ 
in the general trust, fund of the company : provided, that provisos. 
it shall be competent for the authority making the 
appointment to direct, upon the conferring of the same, 
■whether such money and property shall be held separately 
or invested in the general trust fund of the company ; and 
provided, also, that said corporation shall always be bound 
to follow and be entirely governed by all directions 
contained in any will or instrument under which it may 
act. 

Section 4. No money, property or securities received Property held 
or held by said company under the provisions of this act, with capital" 
shall be mingled with the investments of the capital stock, 
or other moneys or property belonging to said corporation, 
or be liable for the debts or obligations thereof. 

Section 5. The returns of said corporation, required R^tui-ns to com- 

f • 11111 nnssioners ot 

to be made to the commissioners of savings banks, shall savings bauka. 
be in the form of a trial balance of its books, and shall 

81 



642 



1877.— Chapters 246, 247. 



Subject to ac- 
ceptance by 
corporation. 



specify the different kinds of its liabilities and the differ- 
ent kinds of its assets, stating the amount of each kind, in 
accordance with a blank form to be furnished by said com- 
missioners ; and these returns shall be published in a news- 
paper of the city of Boston at the expense of said corpora- 
tion, and in the annual report of said commissioners. 

Section 6. This act shall take effect upon its accept- 
ance by said corporation, which acceptance, with the date 
thereof, shall within ten days thereafter be certified by 
the president to the secretary of the Commonwealth. 

Approved May 16, 1877. 

Chap. 246 An Act to make a further appropriation for the improvement 

OF THE commonwealth's FLATS IN BOSTON HARBOR. 

Be it ejiacied, &c., as follows : 

Section 1. There shall be allowed and paid out of the 
treasury of the Commonwealth a sum not exceeding sixty 
thousand dollars, to be expended for the purposes author- 
ized 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. This act shall take effect upon its passage. 

Approved May 17, 1877. 

Chap. 247 An Act to apportion and assess a state tax of one million 

FIVE hundred thousand DOLLARS. 

Be it enacted, &c., as follows : 

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 sav : — 

BARNSTABLE COUNTY. 



Appropriation 
for improve- 
ment of Com- 
monwealth's 
flats in South 
Boston. 



State tax of 
$1,500,000. 



Barnstable 
County. 



Barnstable, 

Brewster, 

Chatham, 

Dennis, 

Eastham, 

Falmouth, 

Harwich, 



Two thousand three hundred and 

forty dolhirs, 

Six hundred and fifteen dollars, 

Seven hundred and fift}' dollars. 

One thousand three hundred and 
eighty dollars, .... 

One hundred and ninety-five dol- 
lars, 

Two thousand and fifty-five dollars, 

Nine hundred and seventy-five dol- 
lars, 



^2,340 00 
Clo 00 

750 00 



1,380 00 

195 00 
2,055 00 



975 00 



1877.— Chapter 247. 

BARNSTABLE COUNTY— Continued. 



643 



Mashjjee, . 

Orleans, 

Provincetown, 

Sandwich, . 

Truro, 

Wellfleet, . ' 

Yarmouth,. 



Ninety dollars, 

Four hundred and fifty dollars, 

One thousand six hundred and fifty 
dollars, 

One thousand two hundred and fif- 
teen dollars, 

Two hundred and seventy dollars, . 

Eight hundred and ten dollars. 

One thousand two hundred and sixty 
dollars, 



BERKSHIRE COUNTY. 



Adams, 

Alford, 

Beeket, 

Cheshire, . 

Clarksburg, 

Dalton, 

Egremont, . 

Florida, 

Gt. Barrington, 

Hancock, . 

Hinsdale, . 

Lanesborough, 

Lee, . 

Lenox, 

Monterey, . 

Mt. Washington, 



Five thousand five hundred and 

thirty-fiv^e dollars, 
Two hundred and forty dollars, 

Four hundred and twenty dollars. 

Nine hundred and fifteen dollars. 

Two hundred and twenty-five dol- 
lars, 

One thousand and ninety-five dol- 
lars, 

Five hundred and ten dollars. 

One hundred and eighty dollars. 

Two thousand eight hundred and 

sixtj'-five dollars, . 
Three hundred and seventy-five 

dollars, 

Seven hundred and twenty dollars 

Six hundred and sixty dollars. 

One thousand, six hundred and 

eighty dollars. 
One thousand two hundred dollars 

Two hundred and forty dollars. 

Seventy-five dollars. 



190 00 
450 00 

1,650 00 

1,215 00 
270 00 

810 00 
1,260 00 



$14,055 00 



Berkshire 
County. 



55,535 00 
240 00 

420 00 

915 00 

225 00 

1,095 00 
510 00 

180 00 

2,865 00 

375 00 

720 00 

660 00 

1,680 00 
1,200 00 

240 00 

75 00 



644 



1877.— Chapter 247. 

BERKSHIRE COUNTY— Continued. 



New Ashford, 
New Marlboro', 
Otis, . 
Peru, . 
Pittsfield, . 
Richmond,. 
Sandisfield, 
Savoy, 
Sheffield, . 
Stockbridge, 
Tyringham, 
Washington, 
W. Stockbridge 
Williamstown, 
Windsor, . 



Seventy-five dollars, 
Seve;i hundred and twenty dollars, 
Two hundred and forty dollars, 
One hundred and thirty-five dollars, 

Seven thousand five hundred and 
ninety dollars, . . . . 

Four hundred and ninety-five dol- 
lars, 

Three hundred and seventy-five dol- 
lars, 

One hundred and ninety-five dollars. 

One thousand and five dollars. 

Two thousand three hundred and 
fifty-five dollars, .... 

Two hundred and twenty-five dol- 
lars, ...... 

Two hundred and ten dollars,. 

Seven hundred and fifty dollars. 

One thousand five hundred and sixty 

dollars, 

One hundred and ninety-five dollars, 



$75 00 


720 00 


240 00 


135 00 


7,590 00 


495 00 


375 00 
195 00 



1,005 00 



2,355 00 

225 00 
210 00 

750 00 



1,560 00 
195 00 



$33,060 00 



Bristol Count}'. 



BRISTOL COUNTY. 



Acushnet, . 
Attleborough, 
Berkley, . 
Dartmouth, 
Dighton, . 
Easton, 
Fairhaven, 
Fall River, 



Five hundred and ten dollars, . 

Three thousand eight hundred and 

eighty-five dollars. 
Two hundred and seventy dollars. 

One thousand five hundred and sev- 

entj-five dollars, . 
Seven hundred and five dollars. 

Two thousand four hundred and 

ninety dollars, 
One thousand tlireo hundred and 

tliirty-five dollars, 
Forty thousand and sixty-five dol 

lars, 



$510 00 



3,885 00 
270 00 



1,575 00 
705 00 



2,490 00 

1,385 00 

40,065 00 



1877.— Chapter 247. 

BRISTOL COUNTY— Continued. 



64'5 



Freetown, , 
Mansfield, . 
New Bedford, 
Norton, 
Raynhana, . 
Rehoboth, . 
Seekonk, . 
Somerset, . 
Swanzey, . 
Taunton, . 
Westport, . 



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



Six hundred and thirty dollars. 
One thousand and five dollars, 

Twenty-one thousand eight hundred 

and seventy dollars, 
Seven hundred and thirty-five dol 

lars, 

One thousand and fifty dollars, 

Si:§: hundred and ninety dollars, 

Five hundred and twenty-five dol- 
lars, . ... 
Nine hundred dollars, 

Five hundred and eighty-five dol 

lars, . 
Fourteen thousand three hundred 

and fifty-five dollars, . 
One thousand two hundred and 

thirty dollars, 



DUKES COUNTY. 



Two hundred and fifty-five dollars, 

One thousand four hundred and 

fifty-five dollars, .... 

Fifteen dollars, .... 

One hundred and fifty dollars. 

Six hundred dollars, 



ESSEX COUNTY. 



$630 00 
1,005 00 

21,870 00 

735 00 
1,050 00 

690 00 



525 00 
900 00 



585 00 

14,355 00 
1,230 00 



t,410 00 



Dukes County. 



$255 00 

1,455 00 
15 00 

150 00 

600 00 



J,475 00 



Essex County. 



Amesbury, 


One thousand five hundred 


and 






thirty dollars, 




$1,530 00 


Andover, . 


Three thousand two hundred 


and 






twenty-five dollars, 




3,225 00 


Beverly, . 


Seven thousand one hundred 


and 






forty dollars, 


, 


7,140 00 


Boxford, . 


Five hundred and ten dollars, 


• 


510 00 



646 



1877.— Chapter 247. 

ESSEX COUNTY— Continued. 



Bradford, . 

Danvers, . 

Essex, 

Georgetown, 

Gloucester, 

Groveland, 

Hamilton, 

Haverhill, 

Ipswich, 

Lawrence, 

Lynn, 

Lynnfield, 

Manchester, 

Marblehead, 

Merrimac, 

Methuen, 

Middleton, 

Nahant, 

Newbury, 

Newburyport, 

North Andover 

Peabody, 

Rockport, 

Rowley, 

Salem, 

Salisbury, 



One thousand one hundred and sev 
enty dollars, .... 

Three thousand two hundred and 
ten dollars, .... 

Eight hundred and twenty-five dol- 
lars, 

Nine hundred 'dollars, 

Seven thousand five hundred dol 

lars, 

Seven hundred and fifty dollars. 

Four hundred and fifty dollars. 

Nine thousand dollars, . 

One thousand eight hundred and 

fifteen dollars, 
Eighteen thousand nine hundred 

and forty-five dollars, . 
Twenty-two thousand three hun 

dred and eighty dollars, 
Six hundred and seventy-five dol 

lars, 

One thousand four hundred and 

seventy dollars, . 
Three thousand five hundred and 

fifty-five dollars, . 
Eight hundred and forty dollars, 

Two thousand and ten dollars. 

Four hundred and five dollars. 

Six thousand two hundred and ten 

dollars, 

Eight hundred and fifty-five dollars 

Six thousand five hundred and fifty- 
five dollars, .... 

One thousand eight hundred and 
sixty dollars, • . . . 

Five thousand four hundred and 
seventy-five dollars, 

One thousand eight hundred and 
thirty dollars, 

Four hundred and eighty dollars. 

Twenty-two thousand and thirty 
five dollars, .... 

One thousand eight hundred and 
forty-five dollars, . 



$1,170 00 

3,210 00 

825 00 

900 00 

7,500 00 

750 00 

450 00 

9,000 00 

1,815 00 

18,945 00 

22,380 00 

675 00 

1,470 00 

3,555 00 

840 00 

2,010 00 

405 00 



6,210 00 
855 00 



6,555 00 

1,860 00 

5,475 00 

1,830 00 

480 00 

22,035 00 

1,845 00 



1877.— Chapter 247. 

ESSEX COUNTY— Concluded. 



647 



Saugus, 
Swampscott, 
Topsfield, . 
Wenliam, . 

West Newbury, 



One thousand five hundred and 
thirty dollars, .... 

Two thousand one hundred and 
forty-five dollars, .... 

Six hundred and forty-five dollars, . 

Four hundred and ninetj'-five dol- 
lars, 

Nine hundred and thirty dollars, . 



$1,530 00 

2,145 00 
645 00 



495 00 
930 00 



$141,195 00 



FRANKLIN COUNTY. 



Franklin 
County. 



Ashfield, . 

Bernardston, 

Buckland, . 

Charlemont, 

Colrain, 

Conway, . 

Deerfield, . 

Erving, 

Gill, . 

Greenfield, 

Hawley, 

Heath, 

Leverett, . 

Leyden, 

Monroe, 

Montague, . 

New Salem, 

Northfield,. 



Four hundred and sixty-five dollars. 

Three hundred and sixty dollars, . 

Five hundred and twenty-five dol- 
lars, 

Three hundred and fifteen dollars. 

Five hundred and eighty-five dol 

lars, ..... 
Six hundred and ninety dollars. 

One thousand four hundred and 

twenty-five dollars. 
Three hundred dollars, . 

Four hundred and five dollars. 

Two thousand six hundred and fifty 

five dollars, .... 
One hundred and fifty dollars, 

One hundred and sixty-five dollars, 

Two hundred and eighty-five dol- 
lars, 

One hundred and ninety-five dol- 
lars, 

Forty-five dollars, .... 

One thousand seven hundred and 

twenty-five dollars, 
Two hundred and eighty-five dol- 

lai's, ...... 

Six hundred and forty-five dollars, . 



$465 00 
360 00 



525 00 
315 00 



685 00 
690 00 



1,425 00 
300 00 

405 00 



2,655 00 
150 00 

165 00 



285 00 

195 00 
45 00 



1,725 00 

285 00 
645 00 



648 



1877.— Chapter 247. 



FRANKLIN COUNTY— Continued. 



Orange, 
Rowe, 
Shelburne, . 
Shutesbury, 
Sunderland, 
Warwick, . 
Wendell, . 
Whately, . 



One thousand three hundred and 

thirt\'-live dollars, 
One hundred and fifty dollars, . 

Seven hundi-ed and ninety-five dol- 
lars, 

One hundred and fifty dollars. 

Four hundred and five dollars. 

Two hundred and fifty-five dollars, 

One hundred and fifty dollars. 

Six hundred and sixty dollars. 



$1,835 00 
150 00 



795 00 
150 00 

405 00 

255 00 

150 00 

G60 00 

$15,120 00 



Hampden 
County. 



HAMPDEN COUNTY. 



Agawam, . 
Blandford, . 
Brimfield, . 
Chester, . 
Chicopce, . 
Granville, . 
Holland, . 
Holyoke, . 
Longmeadow, 
Ludlow, . 
Monson, . 
Montgomery, 
Palmer, 
Russell, 
Southwick, 



One thousand and sixty-five dollars, $1,065 00 

Thi-ee hundred and forty-five dol- 
lars 345 00 

Four hundred and ninety-five dol- 
lars, 495 00 

Four hundred and -sixty-five dollars, 4G5 00 

Four thousand eight hundred and 

forty-five dollars, .... 4,845 00 

Three hundred and sixty dollars, . SCO 00 

One hundred and five dollars, . . 105 00 

Eight thousand six hundred and 

forty dollars, .... 8,640 00 

One thousand one hundred and 

forty dollars, .... 1,140 00 

Four hundreil and sixty-five dollars, 465 00 

One thousand two hundred and fif- 
teen dollars 1,215 00 

One hundred and twenty dollars, . 120 00 

One thousand five hundred and sixty 

dollars 1,560 00 

Three hundred and forty-five dol- 
lars, 845 00 

Five hundred and twenty-five dol 

lars, 625 00 



1877.— Chapter 247. 

HAMPDEN" COUNTY— Continued. 



649 



Springfield, 
Tolland, . 
Wales, 
Westfield, . 
W. Springfield, 
Wilbraham, 



Amherst, . 

Belchertown, 

Chesterfield, 

Cummington, 

Easthampton, 

Enfield, . 

Goshen, 

Granby, 

Greenwich, 

Hadley, 

Hatfield, . 

Huntington, 

Middlefield, 

Northampton, 

Pelham, 

Plainfiekl, . 

Prescott, . 



Thirty-three thousand and forty 
five dollars, .... 

One hundred and ninety-five dol- 
lars, 

Three hundred and seventy-five dol 
lars, 

Five thousand nine hundred and 
fifty-five dollars, . 

Two thousand four hundred and 
ninety dollars. 

Eight hundred and twenty-five dol- 
lars, 



HAMPSHIRE COUNTY. 



Two thousand one hundred and fif- 
teen dollars, ..... 
Nine hundred dollars. 

Two hundred and seventy dollars, . 

Three hundred and sixty dollars, . 

Two thousand one hundred and fif- 
teen dollars, 

Six hundred and thirty dollars, 

One hundred and five dollars, . 

Four hundred and thirty-five dol- 
lars, 

Two hundred and fifty-five dollars. 

One thousand two hundred and fif- 
teen dollars, 

One thousand and sixty-five dol- 
lars, 

Four hundred and thirty-five dol- 
lars, ...... 

Three hundred and fifteen dollars, . 

Six thousand three hundred and 
forty-five dollars, .... 
One hundred and fifty dollars, 

One hundred and ninety-five dol- 
lars, 

One hundred and sixty-five dollars. 



133,045 00 

195 00 

375 00 

6,955 00 

2,490 00 

825 00 



164,575 00 



Hampshire 
County. 



^2,115 00 
900 00 

270 00 

360 00 



2,115 00 
630 00 

105 00 



435 00 
255 00 



1,215 00 

1,065 00 

435 00 
315 00 



6,345 00 
150 00 



195 00 
165 00 



82 



I 



650 



Middlesex 
County. 



1877.— Chapter 247. 

HAMPSHIRE COUNTY— Continued. 



South Hadley, 

Southampton, 

Ware, 

Westhampton, 

Williamsburg, 

Worthington, 



Acton, 

Arlington, 

Ashby, 

Ashland, 

Ayer, . 

Bedford, 

Belmont, 

Billerica, 

Boxboroug 

Burlington 

Cambridge 

Carlisle, 

Chelmsford 

Concord, 

Dracut, 

Dunstable, 

Everett, 



h, 



One thousand five hundred and sev- 
enty-five dollars, .... 
Four hundred and twenty dollars, . 

One thousand six hundred and five 

dollars, 

Two hundred and forty dollars. 

One thousand one hundred and 
forty dollars, .... 

Three hundred dollars, . 



MIDDLESEX COUNTY. 



One thousand and eighty dollars, . 

Five thousand and ten dollars, 

Four hundred and fifty dollars. 

One thousand two hundred and fif- 
teen dollars, ..... 
Nine hundred and fifteen dollars, . 

Six hundred and fifteen dollars, 

Three thousand three hundred and 
sixty dollars, .... 

One thousand four hundred and 
twentj'-five dollars. 

Two hundred and twenty-five dol- 
lars, 

Four hundred and thirty-five dol- 
lars, 

Fifty-two thousand one hundred and 
fifty-five dollars, .... 

Three hundred and fifteen dollars, . 

One thousand two hundred and 
forty-five dollars, .... 

Two thousand five hundred and 
twenty dollars, .... 

Eight hundred and forty dollars, 

Two hundred and eighty-five dol- 
lars, 

Three thousand four hundred and 
eighty dollars, .... 



$1,575 00 
420 00 



1,605 00 
240 00 



1,140 00 
300 00 



p22,350 00 



$1,080 00 

5,010 00 

450 00 



1,215 00 
915 00 

G15 00 



3,360 00 


1,425 00 


225 00 


435 00 


52,155 00 
315 00 



1,245 00 

2,520 00 
b40 00 



285 00 
3,480 00 



1877.— Chapter 247. 

MIDDLESEX COUNTY— Continued. 



651 



Framingham, 
Groton, 
Holliston, . 
Hopkinton, 
Hudson, 
Lexington, 
Lincoln, 
Littleton, . 
Lowell, 
Maiden, 
Marlborough, 
Maynard, . 
Medford, . 
Melrose, . 
Natick, 
Newton, . 
North Reading, 
Pepioerell, . 
Reading, . 
Sherborn, . 
Shirley, 
Somerville, 
Stoneham, . 
Stow, . 
Sudbury, . 
Tewksbury, 



Three thousand nine hundred and 

fifteen dollars, .... 
One thousand eight hundred and 

thirty dollars, .... 
One tliousand five hundred and 

sixty dollars, .... 

One thousand nine hundred and 

twenty dolhirs, .... 
One thousand four hundred and 

twenty-five dollars, 
Two thousand four hundred and 

forty-five dollars, .... 
Seven hundred and five dollars. 

Six hundred and thirty dollars. 

Thirty-one thousand six hundred 
and fifty dolhirs, .... 

Seven thousand eight hundred dol- 
lars, 

Two thousand eight hundred and 
twenty dollars, .... 

One thousand and ninety-five dol- 
lars, 

Seven thousand six hundred and 
ninety-five dollars. 

Three thousand five hundred and 
seventy dolhu-s, .... 

Three thousand one hundred and 
five dollars, ..... 

Twenty-four thousand one hundred 
and "twenty dollars, 

Three hundred and seventy-five dol- 
lars, 

One thousand two hundred dollars, 

One thousand nine hundred and 

fifty dollars, .... 
Seven hundred and fifty dollars. 

Seven hundred and ninety-five dol- 
lars, ..... 

Twenty-three thousand one hundred 
and sixty dollars, . 

Two thousand five hundred and 
eighty dollars. 

Five hundred and eighty-five dol- 
lars, 

Eight hundred and forty dollars. 

Seven hundred and fifty dollars. 



$3,915 00 

1,830 00 

1,560 00 

1,920 00 

1,425 00 

2,445 00 

705 00 

630 00 

31,650 00 

7,800 00 

2,820 00 

1,095 00 

7,695 00 

3,570 00 

3,105 00 

24,120 00 

375 00 

1,200 00 



1,950 00 
750 00 



795 00 

23,160 00 

2,580 00 

585 00 
840 00 

750 00 



652 



Nantucket 
County. 



Norfolk County. 



1877.— Chapter 247. 

MIDDLESEX COUNTY— Concluded. 



Townsend, 


Six hundred and ninety dollars. 


$690 00 


Tyngsborough, . 


Two hundred and fifty-five dollars. 


255 00 


Wakefield,. 
Waltham, . 
Watertown, 
Wayland, . 


Three thousand eight hundred and 
ten dollars, 

Eight thousand two hundred and 
five doUars, 

Six thousand four hundred and 
twenty dollars, .... 

Nine hundred and thirty dollars, . 


3,810 00 

8,205 00 

6,420 00 
930 00 


Westford, . 


Nine hundred and thirty dollars, . 


930 00 


Weston, 
Wilmington, 


One thousand three hundred and 
eighty dollars, .... 
Four hundred and fifty dollars, 


1,380 00 
450 00 


Winchester, 
Woburn, . 


Three thousand seven Tiundred and 

sixty-five dollars, .... 

Seven thousand one hundred and 

twenty-five dollars, 


3,765 00 
7,125 00 




$238,800 00 



Nantucket, 



NANTUCKET COUNTY. 



One thousand nine hundred smd^j 
ninety-five dollars. 



$1,995 00 



NORFOLK COUNTY. 



Bellingham, 


Four hundred and fifty dollars. 


$450 00 


Braintree, . 


Two thousand two hundred and 






fifty dolhvrs, 


2,250 00 


Brookline, . 


Twenty-thr(!e thousand seven hun- 






dred and fifteen dollars. 


23,715 00 


Canton, 


Two thousand six hundred and ten 






dollars, 


2,610 00 


Cohasset, . 


One thousand nine hundred and 






twentv dollars, .... 


1,920 00 


Dedham, . 


Four thousand nine hundred and 






ninelv-five dollars, 


4,095 00 


Dover, 


Three hundred and sixty dollars, . 


3G0 00 


Foxborough, 


One thousand four hundred and 






fifty-five dollars, .... 


1,455 00 



1877.— Chapter 247. 

NORFOLK COUNTY— Continued. 



653 



Franklin, . 
Holbrook, . 
Hyde Park, 
Medfield, . 
Medway, . 
Milton, 
Needham, . 
Norfolk, . 
Norwood, . 
Quincy, . 
Randolph, . 
Sharon, 
Stoughton, 
Walpole, . 
Weymouth, 
Wrentham, 



One thousand two hundred and 

forty-five dollars, . . , . 

One thousand two hundi'cd and 

ninety dollars, . . . . 

Five thousand two hundred and 
thirty -five dollars. 

Eight hundred and forty dollars. 

One thousand five hundred and 

thirty dollars, . . . . 
Six thousand four hundred and 

twenty dollars, . . . . 
Three thousand six hundred and 

sixty dollars, . . . . 

Four hundred and sixty-five dollars, 

* 
One thousand four hundred and ten 

dollars, 

Five thousand eight hundred and 

fifty dollars, 

Two thousand and fifty-five dollars, 

Seven hundred and ninety-five dol- 
lars, 

Two thousand and eighty-five dol- 
lars 

One thousand two hundred and 
forty-five dollars, . . . . 

Five thousand and seventy dollars. 

Nine hundred and seventy-five dol- 
lars, 



11,245 00 

1,290 00 

5,235 00 
840 00 

1,530 00 

6,420 00 

3,6G0 00 
465 00 

1,410 00 



6,850 
2,055 


00 
00 


795 


00 


2,085 


00 


1,245 

5,070 


00 
00 


975 


00 



7,925 §0 



PLYMOUTH COUNTY^. 



Plymoutb 
CouDty. 



Abington, . 

Bridgewater, 

Brockton, . 

Carver, 

Duxbury, . 

E. Bridgewater, 



One thousand four hundred and ten 
dollars, 

Two thousand one hundred and 
forty-five dollars, . 

Four thousand six hundred and 
ninety-five dollars. 

Four hundred and ninety-five dol 
lars, 

One thousand one hundred and 
twenty-five dollars. 

One thousand one hundred and fifty- 
five dollars, .... 



n,410 00 
2,145 00 
4,695 00 
495 00 
1,125 00 
1,155 00 



654 



1877.— Chapter 247. 

PLYMOUTH COUNTY— Continued. 



Halifax, 
Hanover, 
Hanson, 
Hingham, 
Hull, . 
Kingston, 
Lakeville, 
Marion, 
Marshfield, 
Mattapoisett, 
Middleborough, 
Pembroke, . 
Plymouth, . 
Plympton, . 
Rochester, . 
Rockland, . 
Scituate, . 
South Abiiigton 
South Scituate, 
Wareham, . 
W. Bridgewater, 



Two hundred and fifty-five dollars. 

Eight hundred and twenty-five dol 
lurs, 

Four hundred and ninety-five dol 
lars, 

Two thousand nine hundred and 
twenty-five dollars, 

Four hundred and eiglity dollars, 

One thousand three hundred and 

ninety-five dollars, 
Four hundred and eighty dollars. 

Four hundred and five dollars, 

Eight hundred and twenty-five dol 

lars, 

One thousand and twenty dollars. 

Two thousand one hundred and 

sixty dollars, 
Six hundred dollars, 

Three thousand seven hundred and 

twent}' dollars, .... 

Two hundred and seventy dollars, . 

Four hundred and twenty dollars, . 

One thousand seven hundred and 
twenty-five dollars. 

One thousand two hundred and fif- 
teen dollars, ..... 

One thousand one hundred and sev- 
enty dollars, 

Nine hundred and thirty dollars. 

Nine hundred and seventy-five dol- 
lars, 

Seven hundred and eighty dollars, 



$255 00 

825 00 

495 00 

2,925 00 
480 00 



1,395 00 
480 00 

405 00 



825 00 
1,020 00 



2,160 00 
600 00 



3,720 00 
270 00 

420 00 



1,725 


00 


1,215 


00 


1,170 
930 


00 
00 


975 

780 


00 
00 


§34,095 


00 



Suffolk Countj'. 



Boston, 
Chelsea, 



SUFFOLK COUNTY. 



Six hundred and nineteen thousand 
one luuulred and ten dollars, 

Fourteen thousand seven hundred 
and thirty dollars. 



$619,110 00 
14,730 00 



Revere, 
Winthrop, . 



1877.— Chapter 247. 

SUFFOLK COUNTY— Continued. 



One thousand five hundred and sixty 

dolhirs, 

Eight hundred and forty dollars, . 



$1,560 00 
840 00 



,240 00 



655 



WORCESTER COUNTY. 



"Worcester 
County. 



Ashburnham, 

Athol, 

Auburn, 

Ban'e, 

Bei'lin, 

Blackstone, 

Bolton, 

Boylston, 

Brookfield, 

Charlton, 

Clinton, 

Dana, 

Douglas, 

Dudley, 

Fitchburg, , 

Gardner, 

Grafton, 

Hardwick, , 

Harvard, 

Holden, 

Hubbardston, 



Nine hundred and forty-five dollars. 

Two thousand three hundred and 
fifty-five dollars, .... 

Four hundred and ninety-five dol- 
lars, ...... 

One thousand five hundred and 
ninety dollars, .... 

Four hundred and twenty dctllars, . 

One thousand seven hundred and 

eighty-five dollars, 
Four hundred and sixty-five dollars. 

Four hundred and eighty dollars, . 

One thousand one hundred and 

eighty-five dollars, 
Eight hundred and forty dollars, . 

Three thousand seven hundred and 

five dollars, 

Two hundred and fifty-five dollars. 

Seven hundred and ninety-five dol- 
lars, 

Eight hundred and eighty-five dol 
lars, 

Ten thousand six hundred and 
thirty-five dollars. 

One thousand seven hundred and 
seventy dollars, . 

One thousand six hundred and 
thirty-five dollars, 

Nine hundred and fifteen dollars. 

Nine hundred and fifteen dollars, 

Eight hundred and twenty-five dol 
lars, 

Seven hundred and thirty-five dol 
lars, 



$945 00 

2,.S55 00 

495 00 

1,590 00 

420 00 



1,785 00 
465 00 

480 00 



1,185 
840 


00 
00 


3,705 
265 


00 
00 


795 00 


885 00 


10,635 


00 


1,770 


00 


1,635 
915 


00 
00 



915 00 

825 00 
735 00 



656 



1877.— Chapter 247. 

WORCESTER COUNTY— Continued. 



Lancaster, . 


One thousand nine hundred and five 






dollars, ...... 


$1,905 00 


Leicester, . 


One thousand seven hundred and 






eighty-five dollars, 


1,785 00 


Leominster, 


Three thousand two hundred and 






twenty-five dollars, 


3,225 00 


Lunenburg, 


Six hundred and forty-five dollars, . 


645 00 


Mendon, . 


Five hundred and fifty-five dollars, . 


555 00 


Milford, . 


Four thousand two hundred and 






ninety dollars, .... 


4,290 00 


Millbury, . 


Two thousand two hundred and five 






dollars, 


2,205 00 


New Braintree, . 


Four hundred and five dollars, 


405 00 


Northborough, . 


One thousand and sixty-five dollars, 


. 1,065 00 


Northbridge, 


Onre thousand eight hundred and 






seventy-five dollars, 


1,875 00 


N. Brookfield, . 


One thousand five hundred and sixty 






dollars, 


1,560 00 


Oakham, . 


Three hundred dollars, . 


300 00 


Oxford, . 


One thousand two hundred and 






ninety dollars, .... 


1,290 00 


Paxton, 


Two hundred and seventy dollars, . 


270 00 


Petersham, 


Five hundred and eighty-five dol- 






lars, 


585 00 


Phillipston, 


Two hundred and seventy dollars, . 


270 00 


Princeton, . 


Seven hundred and sixty -five dol- 






lars, 


765 00 


Royalston, . 


Six hundred and thirty dollars. 


630 00 


Rutland, . 


Three hundred and ninety dollars, . 


390 00 


Shrewsbury, 


Nine hundred and forty-five dollars. 


945 00 


Southborough, . 


One thousand one hundred and fifty- 






five dollars, . . " . 


1,155 00 


Southbridge, 


Two thousand six hundred and 






twenty-tivc dollars, 


2,625 00 


Spencer, . 


Two thousand three hundred and 






ten dollars, 


2,310 00 


Sterling, . 


Nine hundred and sixty dollars. 


960 00 


Sturbridge, 


Nine hundred and sixty dollars. 


960 00 


Sutton, 


One thousand two hundred and 






thirty dollars, .... 


1,230 00 



I 



1877.— Chapter 247. 

WORCESTER COUNTY— Concluded. 



657 



Templeton 

Uiiton, 

Uxbridge, 

Warren, 

Webster, 

Westborough, 

West Bo3-lston, 

West Brookfield 

Westminster, 

Winchendon, 

Worcester, 



One thousand one hundred and ten 
dollai's, 

Seven hundred and thirty-five dol- 
lars, 

One thousand five hundred and 
thirty dollars, .... 

One thousand three hundred and 
five dollai's, 

Two thousand one hundred dollars. 

Two thousand and twenty-five dol- 
lars, 

Nine hundred and ninety dollars, . 

Seven hundred and twenty dollars, 

Seven hundred and thirty-five dol- 
lars, 

One thousand eight hundred and 
sixty dollars, .... 

Forty-two thousand seven hundred 
and sixty-five dollars, . 



RECAPITULATION. 



H,iio 00 

735 00 

1,530 00 

1,805 00 

2,100 00 



2,025 00 
990 00 

720 00 



735 00 

1,860 00 
42,765 00 



L23,705 00 



Barnstable Co., . 


Fourteen thousand and fifty-five dol- 






lars, ...... 


$14,055 00 


Berkshire Co., . 


Thirty-three thousand and sixty dol- 






lars, 


33,060 00 


Bristol Co., 


Ninety-four thousand four hundred 






and ten dollars, .... 


94.410 00 


Dukes Co., 


Two thousand four hundred and sev- 






enty-five dollars, .... 


2,475 00 


Essex Co., . 


One hundred and forty-one thou- 
sand one hundred and ninety-five 






dollars, 


141,195 00 


Franklin Co., . 


Fifteen thousand one hundred and 






twenty dollars, .... 


15,120 00 


Hampden Co., . 


Sixty-four thousand five hundred 






and seventy-five dollars, 


64,575 00 


Hampshire Co., . 


Twenty-two thousand three hundred 






and fifty dollars, .... 


22,350 00 


Middlesex Co., . 


Two hundred and thirty-eight thou- 






sand eight hundred dollars, . 


238,800 00 


Nantucket Co., . 


One thousand nine hundred and 






ninetj'-five dollars, 


1,995 00 


Norfolk Co., . 


Seventy-seven thousand nine hun- 






dred and twenty-five dollars, 


77,925 00 



Recapitulation 
by counties. 



83 



658 



1877.— Chapter 247. 

RECAPITULATION— Continued. 



Plymouth Co., . 


Thirty-four thousand and ninety- 






five dollars, 


^34,095 00 


Suffolk Co., 


Six hundred and thirtv-six thousand 






two hundred and forty dolhirs, . 


636,240 00 


Worcester Co., . 


One hundred and twenty-three thou- 
sand seven hundred and five dol- 






lars, 


123,705 00 




$1,500,000 00 



Treasurer of 
Commonwealth 
to issue warrant. 



To require 
selectmen or 
nBsesBors to 
issue warrnnts 
to city or town 
treasurers. 



To notify 
delinquent 
city or town 
treasurer, etc. 



Section 2. The treasurer shall forthwith send his warrant, 
with a copy of this act, directed to the selectmen or assessors 
of each city or town taxed as aforesaid, requiring them, 
respectively, to assess the sum so charged, according to 
the provisions of chapter eleven of the General Statutes, 
and to add the amount of such tax to the amount of town 
and county taxes to be assessed by them respectively on 
each city or town. 

Section 3. The treasurer, in his warrant, shall require 
the said selectmen or assessors to pay, or to issue their 
several warrant or warrants requiring the treasurers of 
their several cities or towns to pay, to the treasurer of the 
Commonwealth, on or before the tirst day of December, in 
the year one thousand eight hundred and seventy-seven, 
the sums set against said cities and towns in the schedule 
aforesaid ; and the selectmen or assessors, respectively, 
shall return a certificate of the names of such treasurers, 
with the sum which each may be required to collect, to 
the treasurer of the Commonwealth, at some time before 
the first day of October next. 

Section 4. If the amount due from any city or town, as 
provided in this act, is not paid to the treasurer of the 
Commonwealth within the time specified, then the treas- 
urer shall notify the treasurer of said delinquent city or 
town, who shall pay into the treasury of the Common- 
wealth, in addition to the tax, such further sum as would 
be equal to one per centum per month during such delin- 
quency, dated on and after the first day of December 
next; and if the same remains uni)Mid after the first day 
of January next, an information nia\' he lik>d by the 
treasurer of the Commonwealth, in the supreme judicial 
court, or before any justice thereof, against such deliu- 



1877.— Chapter 248. 659 

qiient 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 had shall order. 

Section 5. Thi's act shall take effect upon its passage. 

A2?2Jroved May 17, 1877. 

An Act conceuning the printing and distribution of public and Q/iap. 248 

CERTAIN OTHER DOCUMENTS. 

Be it enacted, &c., as follows: 

Section 1. There shall be printed annually, on or Pubiicdocu- 
before the assembling of the legislature, or as soon after Numb7rstobe 
the meeting of the legislature as may be expedient, a p""**^*^- 
number of copies of documents and reports, as specified 
in the following list, the same to be numbered in a series 
to be called public documents, and distributed as herein- 
after provided ; and no larger number shall be printed, 
save by special order of the legislature ; — 

Registration of births, marriages and deaths, one thou- 
sand. 

Report of secretary of board of education, two thousand 
three hundred. 

Report of librarian of state library, one thousand one 
hundred. 

Report of secretary of board of agriculture-, two thou- 
sand. 

Report of treasurer and receiver-general, one thousand 
one hundred. 

Report of auditor of accounts, one thousand three hun- 
dred. 

Report of adjutant-general, one thousand six hundred. 

Report of surgeon-general, one thousand. 

Report of savings bank commissioners, one thousand 
one hundred. 

Report of insurance commissioner, on fire insurance, one 
thousand five hundred. 

Report of insurance commissioner, on life insurance, one 
thousand five hundred. 

Abstract of returns of corporations organized under 
general laws, two thousand. 

Report of commissioners on public lands, one thousand 
one hundred. 

Report of attorney-general, one thousand six hundred. 



6C0 



1877.— Chapter 248. 



Public docu- 
ments — 
Numbers to be 
printed. 



Report of inspectors and warden of state prison, one 
thonsand one hundred. 

Report of agent for discharged convicts, one thousand 
one hundred. 

Abstract of sheriffs' returns, one thousand one hundred. 

Abstract of returns of registers of deeds, one thousand 
one hundred. 

Report of secretary of board of state charities, one 
thousand six hundred. 

Report of trustees of state reform school at Westbor- 
ough, one thousand one hundred. 

Aggregates of polls, property and taxes, one thousand 
six hundred. 

Report of trustees of industrial schopl for girls, one 
thousand one hundred. 

Report of trustees of lunatic hospital at Northampton, 
one thousand one hundred. 

Report of trustees of lunatic hospital at Tannton, one 
thousand one hundred. 

Report of trustees of lunatic hospital at Worcester, one 
thousand one hundred. 

Report of inspectors of state workhouse at Bridgewater, 
one thousand one hundred. 

Report of inspectors of state primary school at Monson, 
one thousand one hundred. 

Report of inspectors of state almshouse at Tewksbury, 
one thousand one hundred. 

Report of trustees of Perkins institution and Massachu- 
setts asylum for the blind, one thousand one hundred. 

Report of trustees of school for idiotic and feeble- 
minded youth, one thousand one hundred. 

Report of harbor commissioners, one thousand one 
hundred. 

Report of commissioners on inland fisheries, one thou- 
sand one hundred. 

Report of tax commissioner, one thousand three hundred. 

Report of commissioners on prisons, one thousand one 
hundred. 

Report of railroad commissioners, and returns of rail- 
road corporations, one thousand tive hundred ; and there 
shall also be printed one thousand live hundred copies for 
the use of the commissioners. 

Report of the chief of the state detective force, one 
thousand one hundred. 



1877.— Chapter 248. 661 



Report of state board of health, two thousaiid. Public docu- 

Report of bureau of statistics of labor, one thousand """" ^' 
six hundred. 

Section 2. The state printers are authorized to retain 
six hundred copies of each of the series known as " public 
documents " for binding in sets ; the secretary of the Com- 
monwealth being authorized to furnish, as heretofore, one 
set to each city and town, and one set to such public and 
other libraries as he in his discretion may select. And the 
remainder of the public documents, the distribution of 
which is not hereinbefore provided for, shall be distributed 
under direction of the secretary of the Commonwealth, and 
the secretaries of the several boards and departments. 

Section 3. There shall also be printed the follow- 
ing :— 

Of the manual of the general court (sixteen mo.), to be 
prepared each year by the clerks of the two branches, 
twenty-five hundred. 

Of the blue book, one thousand five hundred. 

Of the general laws, thirty thousand. 

Section 4. Each member of the executive and legis- Puiiiic docu- 
lative departments shall be entitled to receive, upon appli- Ma°m^of 
cation, one copy of each of the documents named in distribution. 
section one of this act, one copy of the " blue book " and 
"general laws," and two copies of the "manual" of the 
general court ; three hundred of the remaining copies of 
the manual to be for the use of the next legislature, and 
the remainder shall be in charge of the clerks of the two 
branches, and be distributed by them at their discretion. 
The remaining copies of the "blue book" and tiie "gen- 
eral laws " shall be distributed under the direction of the 
secretary of the Commonwealth. 

Section 5. There shall be printed, to be sold under to be gold at 
the direction of the secretary of the Commonwealth, at a one-haifof cost. 
price not less than one-half of the cost of the same, of the 
following named documents ; — 

Report of the board of education, one thousand five 
hundred copies. 

Report of the board of agriculture, twenty-five hundred 
copies. 

Report of the insurance commissioner on fire insurance, 
eighteen hundred copies. 

Report of the insurance commissioner on life insurance, 
eighteen hundred copies. 



662 



1877.— Chapter 249. 



Public docu- 
meuts. 



Chap. 249 



Appropriation 
for improve- 
ment and com- 
pletion of Troy 
and Greenfield 
Railroad and 
Hoosac Tunnel. 



Governor and 
council to pre. 
pare scrip fur 
Bale, etc. 



Report of the board of state charities, five hundred 
copies. 

Report of the raih-oad commissioners, fifteen hundred 
copies. 

Report of the board of health, two thousand copies. 

Report of the adjutant-general, one thousand copies. 

Manual of the general court, one thousand copies. 

Report of the bureau of statistics of labor, one thousand 
copies. 

Blue book, two thousand copies. 

Section 6. Section ten of chapter forty of the General 
Statutes, and chapter one hundred and seventy-eight of 
the acts of the year eighteen hundred and seventy-six, 
and all other acts and parts of acts inconsistent herewith, 
are hereby repealed. 

Section 7. This act shall take effect upon its passage, 
except so far as it relates to the printing and distribution 
of documents of the year eighteen hundred and seventy- 
six, and the pamphlet edition of the general laws and the 
" blue book " of the present year. Approved May 17, 1877. 

An Act to provide and appropriate moneys for the improve- 
ment AND completion OF THE TROY AND GREENFIELD RAILROAD 
AND HOOSAC TUNNEL, AND THE PAYMENT OF CLAIMS INCURRED 
THEREFOR, AND TO EXTEND THE POWER OF THE GOVERNOR AND 
COUNCIL RELATIVE TO TOLLS. 

Be it enacted, c&c, as follows : 

Section 1. For the purposes of repair, relocation and 
completion of the Troy and Greenfield Railroad and 
Hoosac Tunnel, and the payment of claims hitherto 
incurred therefor, and to enable the governor and council 
to perform the duties imposed upon them under the pro- 
visions of chapter seventy-seven of the acts of the year 
eighteen hundred and seventy-five, the treasurer of the 
Commonwealth is authorized and instructed to issue scrip, 
or certificates of debt, in the name and on behalf of the 
Commonwealth, and under his signature and the seal of the 
Commonwealth, to an amount not exceeding three hundred 
and seventy-two thousand five hundred dobars, on the 
same terms and conditions as are provided in section three 
of chapter three hundred and thirty-three of the acts of 
the year eighteen hundred and sixty-eight. 

Section 2. The governor and council are hereby 
authorized and directed to take all necessary measures for 
the preparation of said scrip, or certificates of debt, and 



1877.— Chapter 249. G63 

for the Sfile or negotiation thereof, with authority to 
expend such sums of money as may be necessary for the 
purpose. 

Section 3. Whatever premium may be received from Premium to 
the sale of any of the scrip or certificates of debt, issued sinking fund. 
under the authority of this act beyond the cost of preparing 
and negotiating the same, shall be added to and constitute 
a part of the sinking fund created by the provisions of 
chapter two hundred and twenty-six of the acts of the year 
eighteen hundred and lifty-four. 

Section 4. Said sum of three hundred and seventy- Expenditures 
two thousand and five hundred dollars, or so much thereof as governor and 
may be necessary, is hereby appropriated for the purposes '^""""i- 
expressed in the first section of this act, and the expendi- 
ture thereof for the said purposes shall be entrusted to the 
governor and council. 

Section 5. The governor, with the advice and consent Appropriation • 
of the council, is authorized to use any part of the tolls or raiir^oad"fnd° 
earnings of the Troy and Greenfield Railroad and Hoosac *"""®'- 
Tunnel which shall have been deposited with the treasurer 
of the Commonwealth during the current year in which he 
may be required to use the same, to pay for or repair any 
damages arising from flood or accident upon said railroad 
or in said tunnel. And the said earnings are hereby 
appropriated for the purpose. 

Section 6. The governor, with the advice and consent union passenger 

„ ., •! • ^^ ji • 1 J J J Station maj' be 

oi the council, is authorized to construct a passenger buiit at Green- 
station at Greenfield either separately or in combination ^^^^' 
with the Fitchburg Railroad Company and Connecticut 
River Railroad Company, or either of them, and to provide 
by agreement with either or both said companies, if a 
station shall be constructed at joint expense, for the 
amounts to be paid therefor by the Commonwealth and by 
either or both said companies respectively, and for the 
location, maintenance, use and control of said station, and 
for the several rights therein of the Commonwealth, of 
each of said railroad companies, and of all other railroad 
companies or parties that may use the same, and for the 
equitable division of any income to be derived therefrom : 
provided, that the moneys to be paid for this station by To be paid for, 
the Commonwealth shall be taken from the reimbursements bursem'^^M^'for 
for land damages to be paid by the inhabitants of the town ^^'^'^ ^^^^s^'- 
of Greenfield under chapter one hundred and forty of the 
acts of the year eighteen hundred and seventy-six, and 



664 1877.— Chaptek 250. 

said reimbursements are hereby appropriated to the amount 
of twelve thousand five hundred doHars for the purposes 
Prowso. of this section; aud j^i'ovided, fuiiher, that no action shall 

be taken under this section if the governor and council 
shall not deem the moneys received from such reimburse- 
ments to be sufficient for the purposes thereof. 
duc"l'ion''on<fn8 Section 7. The words " not to be raised for one year 
not prohibited, after they are thus determined" in the second and third 
lines of the fifth section of chapter seventy-seven of the 
acts of the year eighteen hundred and seventy-five, shall 
not be construed to prevent the governor, with the advice 
and consent of the council, from reducing the rates of the 
tolls therein referred to temporarily, by means of rebates, 
and again restoring them to the amount fixed for such 
year. 
at ATimrmay"* Section 8. Thc govcmor, with the advice and consent 
be sold. of the council, is authorized to sell the present offices of 

the management in Adams and the real estate connected 
therewith, and cause the same to be conveyed to the 
, purchaser by deed of quitclaim, to be signed by the treas- 
urer and receiver-general, and to be sealed with the seal 
of the Commonwealth ; and the governor, with the advice 
and consent of the council, is further authorized to use the 
proceeds of thc sale thereof to an amount not exceeding 
five thousand dollars, and ten thousand dollars additional 
of the amount hereinbefore appropriated, to construct a 
Union passenger uuiou passcugcr statiou at North Adams, in combination 
Adams. with thc Bostou aud Albany Railroad Company ; and to 

fix and determine by agreement with said company the 
location, maintenance, use and control of said depot and 
the several rights therein of the CommouAvealth, of said 
company, and of all other railroad companies and parties 
that may use the same, and for the equitable distribution 
of any income thereof; and in case of failure to agree 
by parties interested, the questions in dispute shall be de- 
cided and determined upon by the railroad conunissioners. 
Section 9. This act shall take etlect upon its jjassage. 

Api)rove(l May 17, 1877. 
Chap, 250 An Act relating to the auhest and examination oe judgment 

DEUTOKS. 

Be it enacted, <fcc., as folloivs : 

menTd"bt'or"on" SECTION 1. Any magistrate to whom application may 
execution. ^G made for a certificate authorizing arrest on execution 



1877.— Chapter 250. 665 

upon the first charge specified in section five of chapter 

one hundred and twenty-four of the General Statutes, 

shall, unless it appears that the judgment debtor intends 

to leave the state, before granting the same, issue notice 

to the debtor to appear at a time and place therein fixed 

and submit to an examination touching his estate. Such service of 

notice may be served by any ofiicer authorized to serve 

said execution, by delivering an attested copy of the 

notice to the debtor, or leaving the same at his last and 

usual place of abode not less than three days before the 

time fixed for the examination, and one day additional for 

every twenty-four miles travel. The examination or the Examination 

time fixed therefor, may be postponed or continued from pJued. 

time to time at the discretion of the magistrate. And the 

provisions of chapter seventy-seven of the acts of the year 

eighteen hundred and seventy shall apply thereto. 

Section 2. If the iudo;ment debtor appears before the Examination 

to be in writinsr 

magistrate at the time and place fixed, he shall be exam- and under oath. 
ined in writinsf and on oath touchino^ his estate and efi:ects 
and the disposal thereof. Such examination may be in the 
presence of the magistrate or otherwise as he shall direct, 
and when completed shall be signed and sworn to by the 
debtor and shall be preserved by the magistrate. The 
magistrate shall also hear any legal and pertinent evidence 
which either party may offer. The judgment creditor 
shall pay to the magistrate the following fees : For the Fees. 
notice or citation, one dollar; for each day's hearing, and 
for each day's examination when conducted in the pres- 
ence of the magistrate, three dollars. 

Section 3. If it shall appear that the debtor has any Property not 
estate or property of any kind to the amount of twenty ceeding twenty 
dollars, not exempt from being taken on execution, he produc'ed°by 
shall, if possible, produce the same and allow it to be 'i*^^'"'"- 
taken on the execution or otherwise applied to the pay- 
ment of the judgment debt and the costs of these proceed- 
ings. If said estate or property cannot be taken on the 
execution, the debtor shall be required to execute and 
deliver to the judgment creditor, or some person in his 
behalf, a transfer, assignment or conveyance of the same, 
in such form as the magistrate may direct. The debtor Debtor may 
shall have the right to redeem real estate so transferred, [raSTcdcTr 
within one year, and personal property within sixty days, assigned. 
from the date of such transfer, assignment or conveyance, 
upon payment of said debt and costs and the necessary 

84 



66Q 1877.— Chapter 250. 

expense actually paid by the creditor for the care or cus- 
tody of such property. If such estate or property is not 
redeemed, the same shall be sold forthsvitii at public auc- 
tion, unless in the transfer or assignment of the same it 
was provided otherwise, and the proceeds, after deducting 
the exi)ensos of such sale, shall be applied to the payment 
of said debt and costs ; and the excess, if any, remaining 
after such payments, shall be paid to the debtor, or, the 
creditor may take said property, at a valuation to be fixed 
by the debtor in the transfer, assignment or conveyance 
of the same, and apply such amount in payment as afore- 
creditormay Said. The Creditor may refuse to accept any transfer or 

refuse to accept • ^li t i • ^ /"ai in 

trausfer. assigumeut whatcvcr, and his acceptance ot the same shall 

not destroy or impair his right to have his execution satis- 
fied in whole or in part by a levy on other property, in the 
manner provided by law. In case the execution, at any 
time after such transfer or assignment is made, and before 
the sale of the property conveyed thereby, is satisfied in 
full by levy or otherwise, the creditor shall re-convey said 
property to the debtor forthwith. 
If certificate for SECTION 4. If thc dcbtor shall appear as directed by 
issued, creditor thc magistrate and obey all lawful orders and requirements 
apply fonj'eriod madc by thc magistrate, the magistrate shall not grant a 
of three years, certificate authorizing an arrest on the aforesaid ai)plica- 
tion, and the judgment creditor shall not for the period of 
three years thereafter be authorized to make application 
for the arrest or examination of such debtor upon the same 
charge and cause of action. 
SS^Trest Section 5. If in addition to the first charge specified 
without notice, jn gectiou fivc of chapter one hundred and twenty-four of 
the General Statutes, as amended by subsequent acts 
relating thereto, the judgment creditor, or some one in 
his behalf, makes affidavit and proves to the satisfaction of 
the magistrate that there is grood reason to believe that the 
debtor intends to leave the state, the magistrate may, with- 
out notice to the debtor, authorize his arrest ; and if the 
debtor, when arrested, desires to take the oath that he 
does not intend to leave the state, he shall be examined in 
relation thereto in the same manner, and after giving the 
creditor due notice as provided by law in case of arrest on 
mesne process ; and if the magistrate, upon hearing, is 
satisfied that the defendant did not, M'hen arrested, and 
does not at the time of the examination, intend to leave 
the state, ho shall make certificate thereof and discharge 



I 



1877.— Chapter 251. 667 

the debtor from arrest, but such discharge shall not pre- 
vent the subsequent arrest of the debtor upon any of the 
last five charges specified in section five of chapter one 
hundred and twenty-four of the General Statutes ; and 
immediately upon such discharge he shall be required to 
submit to examination in the manner provided in this act, 
if the creditor so desires, witliout further notice. 

Section 6. The notice to the debtor required by the Form of notice 
first section of this act shall be signed by the magistrate, 
designating his official capacity, and shall be substantially 
in the following form, viz. ; — 

To A. B. 

C. D., the judgment creditor named in a certain execution 
against 3'ou, dated , issued from (here designate the 

court), having applied for a certificate authorizing jour arrest, 
j'ou are hereb}' notified to appear before me at my office 
at on the da}- of at o'clock in 

the noon for examination in accordance with the provisions 

of chapter of the acts of the year eighteen hundred and 

seventy-seven. 

E. F. (Magistrate). 

Approved May 17, 1877. 
An Act in further addition to an act making appropriations (JJiq^t) 251 

TO MEET certain EXPENDITURES AUTHORIZED THE PRESENT YEAR, ^' 
AND FOR OTHER PURPOSES. 

Be it enacted, &c., as folloios : 

Sectiox 1. The sums hereinafter mentioned are ap- Appropriations. 
propriated 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 two hundred and twenty-six, to fix sergeant- 
the salary of the sergeant-at-arms, the sum of three hun- *'^^'^®' 
dred and seventy-five dollars. 

In the act, chapter one hundred and ninety-four. Railroad com. 
" authorizing the railroad commissioners to summon wit- ™*^^'°°^"- 
nesses, administer oaths and take testimony," a sum not 
exceeding one hundred dollars. 

In the resolve, in favor of the Worcester Lunatic Hos- Worcester lu. 
pital, a sum not exceeding thirty thousand dollars. °^"^ ospia. 

In the resolve, in favor of the Massachusetts Agricult- Agricultural 

T College 

ural College, the sum of five thousand dollars in accord- 
ance with the provisions of said resolve. 



668 



1877.— Chaptek 252. 



Adjutant-gen- 
eral's office. 



Doorkeepers 
and messengers. 



Legislative 
committees. 



Trustees to be 
appointed. 



MISCELLANEOUS. 

Of the appropriation for extra clerks in the adjutant- 
general's department remaining nnexpended after the first 
of June, so much as may be necessary may be used for the 
compensation of such services as the governor shall direct. 

For the compensation of the doorkeepers, messengers 
and pages to the legislature, a sum not exceeding two 
thousand five hundred dollars, to be in addition to the 
appropriation for the present year. 

For expenses of legislative committees a sum not 
exceeding two thousand dollars, to be in addition to the 
appropriations heretofore made for the present year. 

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

Approved May 17, 1877. 

Chap. 252 An Act authorizing the appointment of trustees for the 

STATE LUNATIC HOSPITAL AT DANVERS. 

Be it enacted, &c., as follows : 

Section 1. The government of the state lunatic hos- 
pital at Danvers shall bevested in a board of five trustees, 
to be appointed in the same manner and with the same 
powers and duties as are prescribed in the seventy-third 
chapter of the General Statutes and all existing acts in 
addition thereto and modification thereof for the govern- 
ment of the state lunatic hospitals at Worcester, Taunton 
and Northampton. And all the provisions of said chapter 
and the acts in addition thereto and modification thereof, 
so far as the same can be made applicable, are hereby 
extended and made applicable to the management of said 
state lunatic hospital at Danvers. 

Section 2. The trustees to be appointed under this 
act are hereby authorized to complete all necessary work 
not included in contracts made by the present commis- 
sioners ; and on the first day of October next, said trus- 
tees shall assume full and exclusive management and 
control of said hospital and all matters and contracts 
relating thereto ; and when said hospital is finished and 
ready to receive patients, give notice thereof to his excel- 
lency the governor and to the secretary of the board of 
state charities, and after the receipt of such notice patients 
may be -committed to said hospital, or transferred thereto 
from other hospitals or prisons, in the same manner as 
they may now be to either of the state lunatic hospitals. 

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

Approved May 17, 1877. 



Trustees to 
complete work 
not included in 
contracts. 



1877.— Chapters 1, 2. 669 



RESOLVES, 

GEISTEKAL AND SPECIAL 



Resolve in favor of the state reform school for boys, at QJiap. 1. 

WESTBOROUGH. ■^* 

Resolved, That the unexpended balance of the appro- state Reform 
priation authorized by chapter sixty-nine of the resolves borou^h-^^^'" 
of the year eighteen hundred and seventy-five for the Appropriation. 
enlargement of the state reform school for boys, at West- 
borough, amounting to eighteen thousand four hundred 
eighty-nine dollars and ninety-one cents, be and the same 
hereby is re-appropriated, to be expended for the purposes 
and in the manner specified in said resolve. 

Approved January 30, 1877. 
Resolve to furnish certain books and documents to the QJiap, 2. 

TOWN OF MEURIMAC. ■^' 

Resolved, That the secretary of the Commonwealth be Books and 
and he is hereby authorized and directed to furnish to the brfindshed* 
town of Merrimac a full set of the reports of the decisions Me*i!J-imaI'^ °^ 
of the supreme judicial court, one copy of the General 
Statutes, and copies of all such books and documents in 
his office as may heretofore have been furnished by the 
Commonwealth to towns. And the secretary is hereby 
authorized to purchase such of the reports and statutes 
aforesaid as may be necessary to carry this resolve into 
effect : provided, that the clerk of the town shall first tile 
with the secretary of state a certificate in writing, to the 
efi'ect that the town has jDrovided, at its own expense, a 
suitable book-case for the preservation of the books to be 
received from the Commonwealth. 

Approved February 6, 1S77. 



670 1877.— Chapters 3, 4, 5. 

Chap. 3. Resolves in favor of the state almshouse at tewksbury. 

fiTewtTbury- Resolved, That the unexpended balance of the appro- 
Appropriation. priatioH authorized by chapter fifty-three of the resolves 
of the year eighteen hundred and seventy-five, for the 
alteration of the insane asylum at Tewksl)ury, amounting 
to nine hundred ninety-five dolhirs and forty-five cents, be 
and the same hereby is re-appropriated ; also, that a 
further sum of nine hundred ten dollars and seven cents, 
be appropriated in addition thereto, said sums to be 
expended by the inspectors of Tewksbury almshouse in 
the completion of the new building authorized by the 
executive council October twenty-seventh, eighteen hun- 
dred and seventy-six. 

liesolued. That from the unexpended balance of the 
appropriation made for the current expenses of the state 
almshouse at Tewksbury for the year eighteen hundred 
and seventy-six, there may be used a sum not exceeding 
one thousand nine hundred sixty-five dollars and ninety- 
five cents, in payment of salaries of officers at said insti- 
tution for the month of December of said year. 

Approved February 8, 1877. 

Chap. 4. Resolve providing for the distribution of volume thirteen 
OF the special laws of the commonwealth. 

Special Laws, Resolved, That the secretary of the Commonwealth be 

vol. 13, to be 1 • T 1 ]• 1 ,■ . 

furnisiied to authorizcd to deliver to each member or the present seu- 
egi^atuic. ^^^ ^^^^^^ house of representatives, upon application there- 
for, one copy of volume thirteen of the special laws of 
the Commonwealth. Approved February 21, 1877. 

Chap. 5. Resolve relating to the gold medal presented by the gov- 

ERNMENT of HAYTI to the late honorable CHARLES SUMNER. 

KKk"/" L*esoIved, That the gold modal, sent by the government 
Bumnortobc ^^ Hjivti to tlic Houorablo Charles Sumner in the year 

deposited 111 11111 • 1 1 

state library. eighteen huudrcd and seventy-one, in the name ot the 
people of Hayti, as a grateful acknowledgment of his suc- 
cessful elfort to establish diplomatic relations between the 
republic of Hayti and the United States of America, in 
the year eighteen hundred and sixty-two ; and also for his 
more recent but equally successful etlt)rts to i)revent the 
annexation of the republic of Dominica to the United 
States, which medal, Mr. Siunner owing to constitutional 
objections declined to receive, and which at his suggestion 
Avas presented to the state of Massachusetts, be trans- 



1877.— Chapters 6, 7, 8, 9, 10. 671 

ferred from the treasury department to the rooms of the 
state library, given in charge to the librarian, and affixed 
to the wall in a conspicuous place, accompanied by a brief 
statement why it was offered to Mr. ISumner and the 
manner in which it came into the possession of the state. 

A2)proved February 27, 1877. 

Kesolve kelating to the official correspondence of the Q/iap. 6. 

EXECUTIVE department DURING THE WAR. "^' 

liesolved. That his excellency the governor be author- correspondence 

• 1 A 1 I • i. 1 ' 1 of executive to 

ized to employ such assistance and incur such expense as be indexed— 
he may deem necessary for the indexing and binding of Appropriation. 
the official correspondence of the executive department 
during the war; and that a sum not exceeding two thou- 
sand dollars be and hereby is appropriated therefor. 

Ai^jproved March 1, 1877. 

Resolve in favor of osborne e. eaton. Chap, 7. 

Resolved, That there be allowed and paid out of the state aid grant- 
treasury of the Commonwealth to Osborne E. Eaton, e! Eaton^."™*" 
state aid, to the amount of six dollars per month, from 
and after the tirst day of September in the year eighteen 
hundred and seventy-six. Approved March 1, 1877. 

Resolve in favor of mary fisher. Chap. 8. 

Resolved, That there be allowed and paid from the Allowance to 
treasury to Mary Fisher, the sum of ninety-six dollars for ^-"y ^'^'i'""- 
state aid. Approved March 1, 1877. 

Resolve in favor of the farr alpaca company of holyoke. (JJiq^)^ 9, 

Resolved, That there be allowed and paid out of the Allowance to 
treasury to Gurdon Bill, president of the Farr Alpaca comptLy?'* 
Company, the sum of six hundred and forty dollars, for 
excess of tax paid by said corporation on its capital stock. 

Approved March 1, 1877. 

Resolve concerning the records of the locations of railroads. Chap. 10. 

Resolved, That the board of railroad commissioners be Railroad com. 
and they are hereby authorized and required to examine ™portconclrn. 
into the methods in which the records of locations ing the records 

, , Ml • ■ 1 /■ 1 of locations of 

made by rauroad corporations heretoiore have been or raiuoads. 
now are preserved ; to prescribe such rules as they may 
deem necessary in regard to the form in which such loca- 
tions shall hereafter be made and the certiticates which 



672 



1877.— Chapter 11. 



Chap. 



shall be annexed to the same before they shall be admitted 
for record ; and report to the next general court such 
legislation as they may deem necessary for the custody, 
better preservation, more perfect arrangement and index- 
ing of such records. Approved March 10, 1877. 

11. Resolve authorizing the town of marlbouough to remove 
certain remains of the dead. 



Town of Marl- 
borough may 
remove certain 
remains of the 
dead. 



Resolved, That the town of Marlborough is hereby 
authorized to remove the remains of the dead from the 
burial ground adjoining the high school common in said 
Marlborough, to such other burial place in said town or 
its vicinity, as it may select, or the relatives and friends of 
the deceased may designate and provide, and to level and 
grade the surface of said ground, upon the following 
terms and conditions : such removal shall be made under 
the supervision of a committee to be appointed by said town ; 
the remains of the dead shall be re-interred in a proper 
and suitable manner, due regard being had to the wishes 
of the relatives and friends of the dead ; and a plan of 
the ground, in the burial place selected by said town to 
which such remains shall be removed, showing the posi- 
tion of all the known dead so removed, shall be made and 
filed in the office of the town clerk of Marlborough for 
future reference. The remains of all the dead in said 
burial ground shall be removed, together with the head- 
stones and monuments now remaining, which shall be duly 
replaced to indicate the new graves of the deceased to 
whose memory they were erected. Removals of remains 
may be made by friends of the deceased under the direc- 
tion of said committee and subject to such reasonable 
restrictions as they may impose ; but no removals, unless 
at the request of the relatives or friends of the deceased, 
shall be made until said committee shall have tirst given 
notice to all persons interested, by a pul^lication of this 
resolve, six successive weeks in the Mirror Journal, a 
newspaper published in said town of Marlbt)r()ugh, and by 
a notice in writing to all persons known to them as owners 
of lots in said burial ground and residing in this Common- 
wealth. Said ground shall bo surrounded by suitable 
enclosures, and shall forever remain unused for a ])ublic 
street, unoccupied by any building and open as a public 
park. Approved March 10, 1877. 



1877.— Chapters 12, 13, 14, 15. 673 

Resolve relative to bass and gurnet rocks, off Plymouth QJian 12 

AND DUXliURY BAYS. ^' 

Resolved, That it is expedient, and the harbor commis- Basa and Gurnet 
sioners are hereby requested, to petition the general gov- ^°'^'^^- 
ernment to remove Bass and Gurnet rocks, oif Gurnet 
Head, at the entrance of Plymouth and Duxbury bays. 

Approved March 10, 1877. 

Resolve IN FAVOR OF ALBERT L. cooLiDGE, Chap. 13. 

Resolved, That there be allowed and paid out of the Allowance 

to Albert L 

treasury of the Commonwealth to Albert L. Coolidge of cooiidge. 
Boston, a sum not exceeding eight thousand one hundred 
dollars, and the same is hereby appropriated, in payment 
for money expended by him in erecting and maintain- 
ing the Massachusetts state building on the centennial 
grounds at Philadelphia ; payment to be made on vouch- 
ers approved by the governor and council. 

Ap2)roved March 10, 1877. 

Resolve IN FAVOR OF THE TOWN OF WEST BOYLSTON. Chap. 14. 

Resolved, That out of the Massachusetts school fund To receive share 

ji 1 11 1 1 • 1 1 c TXT- -t-» 1 of school fund. 

there be allowed and paid to the town or West Boyiston 
its share of the income of said school fund for the year 
eighteen hundred and seventy-six. 

Approved March 13, 1877. 

Resolve to furnish certain books, documents, and standard QJidr) \k 

WEIGHTS, measures AND BALANCES, TO THE TOWN OF BUCKLAND. ^' 

Resolved, That the secretary of the Commonwealth be TownofBuck- 
and he is hereby authorized and directed to furnish to the iwoks^anTdOTu- 
town of Buckland a copy of the General Statutes and '"™*^' 
copies of all such books and documents heretofore fur- 
nished to towns, excepting the reports of the supreme 
judicial court, as he may be able to furnish without detri- 
ment to his files : provided, that the clerk of the town 
shall first file with him a certificate that said town has pro- 
vided at its own expense a suitable book-case to preserve 
said books. 

The treasurer of the Commonwealth is hereby author- standard 
ized and directed to furnish to the said town, from those in "'^'"^*^** '''"'' 



measures. 



his possession, a set of standard weights, measures and 
Balances. 

Said town, after accepting the above named books and Toberespon. 
weights, measures and balances, shall be held responsible ance thereof. * 
for the insurance thereof. Approved March 26, 1877. 

85 



674 1877.— Chapteks 16, 17, 18, 19. 

Chap. 16. Resolve in favor of the state workhouse at bridgewater. 

may purcbase Besolved, That the inspectors of the state workhouse at 
additional laud. Briclgewatcr be authorized to purchase for the Common- 
wealth additional land, not to exceed twenty-live acres, 
adjoining that of said institution, at a price not exceeding 
thirty dollars per acre ; and that there be allowed and paid 
out of the treasury of the Commonwealth a sum not ex- 
ceeding seven hundred and fifty dollars for the purchase 
aforesaid, the same being hereby appropriated and payable 
upon properly approved vouchers filed with the state 
auditor. Approved March 26, 1877. 

Chap. 17. Resolve in favor of maria j. crosby. 

^ate'Iid?"^ '^^'^^^^^^' "^^^^ ^^^ reasons set forth in her petition, 

Maria J. Crosby. Maria J. Crosby, of Georgetown, be entitled to receive 

from the first day of January in the year eighteen hundred 

and seventy-seven, the same amount of state aid as if she 

were a widowed mother. Approved March 26, 1877. 

Chap. 18. Resolve in favor of Patrick o'riordan, of boston. 

toPaTiick^ Resolved, That there be allowed and paid from the 

o'Riordau. trcasuiy of the Commonwealth to Patrick O'Riordau, the 
sum of five hundred dollars, as compensation for a horse 
injured while in the care of the employes of the state. 

Approved March 26, 1877. 

Chap. 19. Resolve granting county taxes. 

County taxes Resolved, That the sums placed against the names of 

^ ^" '^ ' the several counties in the following schedule are granted 

as a tax for each county respectively, to be collected and 
applied according to law : — 

Barnstable. — Sixteen thousand dollars. 

Berkshire. — Seventy-five thousand dollars. 

Bristol. — One hundred and three thousand dollars. 

Dukes. — Six thousand five hundred dollars. 

Essex. — One hundred and forty thousand dollars. 

Franklin. — Thirty thousand dollars. 

Hampden. — Eighty thousand dollars. 

Hampshire. — Thirt3^-eight thousand dollars. 

Middlesex. — One hundred and forty thousand dollar^: 
provided, that not less than twenty thousand dolhirs of 
this sum so raised by taxation, shall be applied and used 
for the purpose of erecting a building for a registry of 
deeds in said county. 



1877.— Chapters 20, 21, 22, 23. G75 

JSForfoVc. — Eighty thousand dollars. 
Plymouth. — Forty-five thousand dollars. 
Worcester. — One hundred and sixty thousand dollars. 

Aj)proved March 28, 1877. 

Resolve for printing advance sheets of the report of a board QJiQp^ 20. 

OF MILITARY OFFICERS. 

Resolved, That the sum of one thousand dollars be and Appropriation. 
hereb}^ is appropriated, to be expended under direction of 
the governor, for printing the advance sheets of the report 
of the board of military officers appointed for the purpose 
of drafting a code of regulations for the guidance and 
government of the Massachusetts volunteer militia. 

Approved March 28, 1877. 

Resolve relating to certain records op the vice admiralty (JJiaj). 21. 

COUI{T of MASSACHUSETTS BAY IN THE POSSESSION OF THE BOSTON -^' 

ATHENAEUM. 

Resolved, That the proprietors of the Boston AthensBum Records to be 
be authorized to deposit with the clerk of the district court the'cferkoru%. 
of the United States for the district of Massachusetts, to district court. 
be kept by him and his successors in office within the Com- • 
monvvealth, with the records of said court, the docket, book 
of sales, and two volumes of records of the vice admiralty 
court of the province of Massachusetts Bay, belonging to 
the Commonwealth and now in the possession of said cor- 
poration. Approved March 28, 1877. 

Resolve for the purpose of assisting discharged female njiQ^ 22 

PRISONERS. ^' 

Resolved, That there be allowed and paid out of the Allowance for 
treasury, under the direction of the governor, a sum not maieprfsOTiir's. 
exceeding fifteen hundred dollars, for the purpose of 
assisting discharged female prisoners ; and that a return 
be made to the auditor of the amounts so expended. 

Ai^proved March 28, 1877. 

Resolve in favor op the Massachusetts school for idiotic (Jkap. 23. 

AND' feeble-minded YOUTH. -^" 

Resolved, That there be allowed and paid out of the Allowance 
treasury to the Massachusetts School for Idiotic and expenses'and 
Feeble-Minded Youth, the sum of twenty-five hundred repairs. 
dollars, to meet the wants of the school in its current 
and necessary expenses ; and the farther sum of six thou- 
sand dollars, to pay for special and extraordinary repairs 
upon the buildings during the past year. 

Approved March 28, 1877.. 



676 



1877.— Chapters 24, 25, 26, 27, 28. 



(Jhajp. 24. Resolve in favor of the Massachusetts charitable eye and 

EAR INFIRMARY. 

Mas^chnsetts Besolved, That there be allowed and paid out of the 
fn^mar/^'''^ trcasuiy of the Commonwealth, the sum of ten thousand 
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 
year eighteen hundred and sixty-seven. 

Approved March 28, 1877. 

Chap. 25. Resolve in favor of richard f. Andrews. 

be^auowtd^to liesolvecl, That on and after the first day of January in 

Richard F. fhc vcar eig^htecn hundred and seventy-seven, Richard F. 
Andrews and family be entitled to receive the same 
amount of state aid they would have been entitled to 
receive had liis disability been contracted during his orig- 
inal term of service. Approved March 28, 1877. 

Char). 26. Resolve in favor of edgar e. burritt of sandwich. 

Edg^T''^'' Besolved, That there be allowed and paid out of the 

Bunitt. treasury of the Commonwealth to Edgar E. Burritt of 

Sandwich, the sum of three hundred and twenty-five dol- 
lars, the same being the bounty he was entitled to receive 
from the Commonwealth under the provisions of chapter 
two hundred and fifty-four of the acts of the year one 
thousand eight hundred and sixty-three. 

Ajyproved March 28, 1877. 



Cha^. 27. 

Allowance 
to Benjamin 
Huddell. 



Chaj:). 28. 

Allowance to 
John Sullivan. 



Resolve in favor of benjamin huddell of salem. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth to Benjamin Huddell of 
Salem, the sum of nineteen dollars and forty-three cents, 
the same being due him for pay from the time of his being 
mustered out of service till he was discharged from the 
hospital. Approved March 28, 1877. 

Resolve in favor of john sullivan of medford. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth to John Sullivan of Med- 
ford, the sum of Olio huiulrod dollars, the same being the 
bounty he was entitled to receive from the Commonwealth. 

Approved March 28, 1877. 



1877.— Chapters 29, 30, 31, 32, 33. 677 

Resolve in favor of Catherine a. britt. Chap. 29. 

Resolved, That there be allowed and paid out of the Allowance to 
treasury, to Richard H. Salter, guardian, the sum of forty- Brut? '" 
eight dollars for state aid to his ward Catherine A. Britt. 

Approved March 28, 1877. 

Resolve in favor of margaret j. Lincoln of somerville. Chan. 30. 

Resolved, That there be allowed and paid from the Allowance to 
treasury of the Commonwealth to Margaret J. Lincoln of Li'ucohi! 
Somerville, widow of Levi H. Lincoln, a member of 
company A. sixteenth regiment Massachusetts volunteers, 
the same state aid from January first in the year eighteen 
hundred and seventy-seven, that she would be entitled to 
receive had she been married to him previous to his dis- 
charge from the army. Approved March 28, 1877. 

Resolve to provide for the construction and equipment of Chav* 31. 
A magazine at the state camp grounds in the town op 
framinguam. 

Resolved, That a sum not exceeding one thousand dol- Appropriation 
lars be allowed and paid out of the treasury, and the a°'^tatifcamp. 
same is hereby appropriated, to be expended under the ^'■°"°*^- 
direction of the adjutant-general, with the approval of the 
governor and council, for the construction and equipment 
of a magazine for the safe keeping of artillery and small- 
arm ammunition at the state camp grounds in the town of 
Framingham. Approved March 29, 1877. 

Resolve concerning the duxburt and cohasset railroad Char). 32. 

company. 

Resolved, That the petition of Henry W. Nelson, repre- Railroad com. 
senting the railroad committee of the town of Marshfield, investigate Ind 
for an investigation and relief under the present manage- '''p°'"'^- 
ment of the Duxbury and (Johasset Railroad, be referred 
to the board of railroad commissioners with the instruction 
to investigate the case and report the result to the parties 
interested ; and also to report to the next general court 
stating what further legislative action, if any, may in their 
judgment be necessary in the premises. 

Approved Ajjril 6, 1877. 

Resolve providing for the printing of the new catalogue op Chap. 33. 
the state library. 

Resolved, That the librarian of the state library be Appropriation 
authorized, on or after the first day of July of the present catalogue of 
year, to cause to be printed seven hundred and fifty copies ^'^''^ ^^'''"^'■y- 



678 1877.— Chapters 34, 35, 36, 37. 

of the new catalogue of the Massachusetts state library ; the 
general edition to be in one volume ; and that a sura not 
exceeding four thousand five hundred dollars be appro- 
priated and paid out of the treasury for the above purpose. 

Approved April 6, 1877. 

Chap. 34. Resolve in favor of the state industrial school for girls 

AT LANCASTER. 

In favor of Hesolved, That there be allowed and paid out of the 

llldustnal school , n r- n ^ niill /> -ill 

for girls. trcasuiy the sum ot nrteen hundred dollars, tor suitably 

repairing, fitting and furnishing the chapel upon the 
grounds of the State Industrial School for Girls, at Lan- 
caster ; this amount to be expended under the direction 
of the trustees of said school. Ax>proved April 6, 1877. 

Chap. 35. Resolve in favor of lewis gaul. 

Allowance to HesoIved, That there be allowed and paid out of the 
treasury of the Commonwealth to Lewis Gaul, the sum of 
one hundred and ten dollars for transportation of company 
B. second battalion of infantry from New Bedford to 
, Boston, and return, to attend the funeral of the late Henry 

Wilson. Approved April 6, 1877. 

Chap. 36. Resolve to provide for the payment from the treaslrt of 

certain educational expenses. 

4rt°ahrXc?a'^ Besolved, That there be allowed and paid from the 
tionai expenses, treasuiy of tho Commouwealth the following sums, viz : — 
For expenses incurred in the support of the state normal 
schools, including the normal art school, during the year 
eighteen hundred and seventy-six, a sum not exceeding 
eight thousand three hundred and three dollars and twenty- 
eight cents ; and for the Massachusetts Teachers' Associ- 
ation for the same year, three hundred dollars. 

Approved April 10, 1877. 

Chap. 37. Resolve in relation to the harbor line on the northerly side 

of CHARLES RIVEH. 

Harbor commis- Resolved, That the board of harbor commissioners 

tigate and report iuquirc aud I'cport to tho next legislature whether the 

liorMne'on ''^'^' harbor line on the northerly side of Charles River, as 

chaHes iil'v'lr.''^ established by the third section of chapter two hundred 

and sixty-three of the acts of tho year eighteen hundred 

and seventy-three, is in violation of the rights of any 

person ; and, if in the judgment of the commissioners 

such line should be changed, that they proceed to pre- 



1877.— Chapters 38, 39. 679 

scribe a new harbor Hue ou the northerly side of said 
river, and to report their doings to the legislature iu their 
next annual report, as now provided by law. 

Approved April 10, 1877. 

Resolves providing for the printing, binding and distribution QJiap. 38. 
OF additional copies of the decennial census and statistics ^ * 

OF industry. 

Resolved, That there be printed and bound one thou- Additional 

■y ^ ^•l• ^ • ri j. ij.i i* copies of census 

sand additional copies or volumes one, two and three oi and statistics of 
the Decennial Census and Statistics of Industry of the J;Sf *°^" 
Commonwealth for the year eighteen hundred and seventy- 
five ; said volumes being designated as follows : Volume 
one, population and social statistics ; volume two, manu- 
factures and occupations ; and volume three, agricultural 
products and property : provided, that this edition shall 
be printed in all respects in the same style as the edition 
printed under authority of chapter forty-eight of the 
resolves of the year eighteen hundred and seventy-six, 
and upon paper of the same quality. 

Resolved, That said one thousand copies be delivered Distribution. 
by the state printers to the sergeant-at-arms, to be dis- 
tributed as follows : — One copy to each member of the 
council, senate and house of representatives who is not 
entitled to any copies by virtue of the resolves of the 
year eighteen hundred and seventy-six, chapter forty- 
eight; and the residue of said one thousand volumes to 
the secretary of the Commonwealth for future distribution. 

Resolved, That there be printed and bound two thou- compendium to 
■ sand copies of a compendium, in one volume, of the said yoiu'me.'^*^'"""'' 
Decennial Census and Statistics of Industry, which com- 
pendium shall be deposited in the office of the bureau of 
statistics of labor for distribution. 

Resolved, That so much of the last resolve of chapter Repeal. 
forty-eight of the resolves of the year eighteen hundred 
and seventy-six as provides for the appropriation of a 
certain number of copies of the edition therein authorized 
for the use of the members of the last legislature, is 
hereby repealed, and the copies now on hand in the office 
of the bureau of statistics of labor shall be held hereafter 
for general distribution. Approved April 11, 1877. 

Resolve IN RELATION to the FKNCiNG OF RAILROADS. Chap. 39. 

Resolved, That the board of railroad commissioners be commissioners 

instructed to consider whether any further legislation is reportToncem- 



680 1877.— Chapters 40, 41, 42, 43, 44. 

ing fencing rail- necessary for the protection of the public, in regard to 
fencing raih-oacls within the limits of this state, and to 
make report thereon to the next general court. 

A2)proved April 11, 1877. 

Chap. 40. Resolve in favor of the state primary school at monson. 

Kl?y schoof Resolved, That there be allowed and paid out of the 
at Monson. trcasurj a sum not exceeding five thousand dollars, to be 
expended by the inspectors of the state primary school at 
Monson, as follows ; — 

Three thousand dollars thereof for necessary clothing 
and bedding for the inmates of said school, and two thou- 
sand dollars thereof for necessary repairs and alterations 
on the buildings and premises. Approved Ax>ril 11, 1877. 

Chap. 41. Resolves relative to Massachusetts claims against the united 

states, for coast defence. 

Claims of Mass. Resolved, That the members of congress from this 

against U. B. for i i i 

coast defence. Commonwcalth bc and they are hereby requested to use 
their best exertions to procure from the general gov- 
ernment an appropriation, to pay the amount due to 
Massachusetts for disbursements for coast defence, made 
during the late war. 

Resolved, That a copy of these resolves be transmitted 
by the secretary of the Commonwealth to each of our sen- 
ators and representatives in congress. 

Approved April 11, 1877. 

Chap. 42. Resolve granting quarters in pemberton square to the dis- 
abled soldiers' employment bureau. 

Tohavequar- Resolved, That the sergeant-at-arms be authorized to 
ton Square fumish Suitable quarters to the Disabled Soldiers' Employ- 
"'^' ment Bureau, in the Pemberton Square building leased by 

the state. Approved April 11, 1877. 

Cha]}. 43. Resolve in favor of william r. fish. 

wiuilmKFish. Resolved, That there be allowed and paid out of the 
treasury the sum of four hundred and eighty dollars and 
seventy-one cents, to William R. Fish, for conn)cnisatioii 
for an educational map of Massachusetts prepared for ex- 
hibit at Philadelphia. Approved April 11, 1877. 

Chap. 44. Resolve in favor of jane parks. 

Allowance to Resolved, That, durini; the period of three vears, from 

Jane Parks. ,, ,. i/.t -.i -li i^ti t 

the first day of January in the year eighteen hundred and 



1877.— Chapteks 45, 46, 47. 681 

seventy-seven, an annuity of two hundred dollars per annum, 
in equal quarterly payments, shall be paid out of the treas- 
ury to Jane Parks, of Cambridge, widow of the late James 
Parks. ^ Aj^proved April 11, 1877. 

KeSOLVE in favor of JAMES BURKE, OF TURNER'S FALLS. Chaj). 45. 

Resolved, That there be allowed and paid out of the Allowance to 
treasury of the Commonwealth to James Burke, of Tiir- J^°^«« ^"'•'^«- 
ner's Falls, an annuity of one hundred dollars for the term 
of five years, for injuries sustained by him at the Hoosac 
Tunnel while in the employ of the Commonwealth. 

Apiproved April 11, 1877. 

Resolve in favor op philip mackey. Chap. 46. 

Resolved, That there be allowed and paid out of the Allowance to 
treasury of the Commonwealth to Philip Mackey, of North p^^^^p ^^^'^'^^y- 
Adams, an annuity of one hundred dollars, for the term 
of three years, for injuries received in the Hoosac Tuunel, 
while in the employment of the Commonwealth. 

Ax>proved April 11, 1877. 
Resolve in favor of the sjate normal schools at framing- QJiav. 47, 

HAM, SALEM AND WESTFIELD, ^' 

Resolved, That there be allowed and paid out of the in favor of state 
treasury, the following sums expended and to be ex- ■^°''""'^^''^°°'^" 
pended under the direction of the board of education, 
to wit : — 

For heating apparatus in the boarding hall, for paiuting 
and repairs upon the buildings and improvement of the 
grounds, and for exchange of the piano for the school room, 
of the Framinofham Normal School, a sum not exceedinsj 
thirteen hundred and twenty-five dollars. 

For desks and other furniture and painting for an addi- 
tional school room, for exchange of a piano, and for an 
iron fence on the south and west sides of the school house 
lot, and for grading, at the Salem Normal School, a sum 
not exceeding nine hundred and seventy-nine dollars and 
fifty-six cents. 

For painting the normal school building and surrounding 
fence, at Westfield, for refitting kitchen and laundry appa- 
ratus and'plumbing in the boarding house, and for side- 
walks, a sum not exceeding thirteen hundred and nine 
dollars and ninety-seven cents. Approved April 17, 1877. 

86 



682 



1877.— Chapters 48, 49, 50, 51. 



Chap. 48. Resolve in favor of 



THE DISABLED 
BUREAU. 



SOLDIERS' EMPLOYMENT 



Allowance to 
Patrick Mihan. 



Allowance to 
Samuel Hill- 
man. 



Employment Mesolvecly That there be allowed and paid out of the 

Bureau. treasui'v, the sum of three thousand dollars to the Disabled 

Soldiers' Employment Bureau. " Approved April 17, 1877. 

Chap. 49. Resolve in favor of Patrick mihan. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth to Patrick Mihan, the sum 
of seven hundred and twenty-eight dollars and seventy-six 
cents, in compensation for work done on the state house. 

Approved April 20, 1877. 

Chap. 50. Resolve in favor of samuel hillman, of adams. 

Resolved, That there be allowed and paid from the 
treasury of the Commonwealth to Samuel Hillman, of 
Adams, an annuity of one hundred and twenty-five dollars 
for the term of five years, for injuries sustained while 
employed at the Hoosac Tunnel ; the cause of said injury 
being an explosion of glycerine which had been carelessly 
. left there by employes of the state. 

Approved April 20, 1877. 

Chap. 51. Resolves relating to the celebration of the centennial 

anniversary of the battle of BENNINGTON, AND IN AID OF 
erecting a monument in COMMEMORATION OF THE SAME. 

Resolved, That the legislature of Massachusetts accepts 
the invitation of the governor of Vermont, transmitted by 
direction of the legislature of the state, to unite with the 
states of Vermont and New Hampshire in commemorating 
the centennial anniversary of the battle of Bennington, on 
the sixteenth of August next. 

Resolved, That a sum not exceeding seven thousand five 
hundred dollars be allowed and paid out of the treasury 
in aid of the erection of a monument in commemoration 
of the battle of Bennington, to be paid to the treasurer of 
the Bennington Battle Monument Association, a corpora- 
tion established under the laws of Vermont, at such times 
and in such sums as his excellency the governor may 
direct : 2^>'0vided, that no part of such sum shall be paid 
until the plans of said monument shall be approved by the 
governor, and until he shall be satisfied that 'funds are 
provided from other sources, including the sum herein 
api)r()priatod, sufficient to complete the nu)nument accord- 
ing to the plans approved by him. Approved April 20, 1877. 



Centennial 
anniversary 
of the battle 
of Bennington. 



Allowance in 
aid of erection 
of monument. 



i 



1877.— Chapter 52. 683 

Resolves cokcerning the amendment to the constitution rela- Chap, 52. 

TIVE TO CERTAIN OFFICERS OF HARVARD COLLEGE. 

Resolved, That the following article of amendment of Piopospd 
the constitution, having been agreed to by the last and the constitution 
present general courts, and published in the manner to thVpeip^f ^ 
required by the constitution, be submitted to the people 
for their ratification and adoption : — 

Article of Amendment. 

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 
College, is hereby annulled ; and such persons shall be 
eligible to seats in the senate and house of representatives. 

Resolved, That the people shall be assembled for the Meetings of 
purpose aforesaid in their respective cities and towns, in ^° "®" 
meetings to be legally warned and held on Tuesday the sixth 
day of November next, at which meetings all the inhab- 
itants qualified to vote for senators and representatives in 
the general court may give in their votes, by ballot, for or 
against said article of amendment ; and the same officers 
shall preside in the said meetings as in the meetings for 
the choice of senators and representatives, and shall in 
open meeting receive, sort, count and declare the votes of 
such inhabitants for and against the same ; and the said 
votes shall be recorded by the clerks of said cities and 
towns, and true returns thereof shall be made out, under 
the hands of the mayor and aldermen of the several cities 
and of the selectmen, or a major part of them, and of the 
clerks of the said cities and towns, respectively, and sealed 
up and delivered to the sheritf of the county within three 
days after the said meetings, to be by him transmitted to 
the office of the secretary of the Commonwealth within 
seven days after receiving the same ; or the said mayors 
and aldermen and selectmen, respectively, shall themselves 
transmit the same to the said office within ten days after 
the said meetings : provided, that in the several cities the 
meetings held under this resolve shall be conducted accord- 
ing to the provisions of the acts establishing the same and 
of the several acts in addition thereto. 

Resolved, That every person qualified to vote as afore- to vote "yes » 
said may express his opinion on said article of amendment amendment'! 



684 



1877.— Chapter 53. 



Governor and 
council to ex- 
amine tlie votes, 



Governor to 
issue proclama- 
tion If amend- 
ment has been 
adopted or not. 



Secretary to 
furnish blanks. 



without expressing in bis ballot the contents of said arti- 
cle ; but the form of said ballot shall be as follows : 
"Amendment to the Constitution, Yes" or "No." And 
if said article shall appear to be approved by a majority 
of the persons voting thereon, it shall be deemed and 
taken to be ratified and adopted by the people. 

Resolved, That his excellency the governor and the 
council .shall forthwith open and examine the votes re- 
turned as aforesaid ; and if it shall appear that said 
article of amendment has been approved by a majority 
of the persons voting thereon, according to the votes 
returned and certified as aforesaid, the same shall be 
enrolled on parchment, and deposited in the secretary's 
office, as a part. of the constitution of this Commonwealth, 
and shall be published in immediate connection therewith, 
numbered according to its numerical position, with the 
articles of amendment of the constitution heretofore 
adopted, in all future editions of the laws of this Com- 
monwealth printed by public authority. 

Resolved, That his excellency the governor be, and he 
hereby is, authorized and requested to issue his proclama- 
tion forthwith after the examination of the votes returned 
as aforesaid, reciting said article of amendment and an- 
nouncing that said article has been duly adopted and 
ratified by the people of this Commonwealth, and has 
become a part of the constitution thereof, and requiring 
all magistrates and officers and all citizens of the said 
Commonwealth to take notice thereof and govern them- 
selves accordingly ; or that the said article of amendment 
has been rejected, as the case may be. 

Resolved, That a printed copy of these resolves, includ- 
ing the said article of amendment and blank forms of the 
returns of votes on said article, shall be transmitted as 
soon as may be by the secretary of the Commonwealth, to 
the mayors and aldermen of the several cities and the 
selectmen of the several towns of this Commonwealth. 

Approved April 2G, 1877. 



Chap. 53. 



Allowance 
for mileage. 



Resolve in favor of companies a. and d. of the fikst battalion 

of cavalry. 

Resolved, That a sum not exceeding four hundred and 
eightj'-scvcn dollars be allowed and paid out of the treas- 
ury to companies A. and D. of the fir-st battalion of cavalry, 
Massachusetts volunteer militia, for mileage to and from 



1877.— Chapters 54, 55. 685 

camp, in the years eighteen hundred and seventy-four and 
eighteen hundred and seventy-five ; and said sum is hereby 
appropriated. Aj^proved April 26, 1877. 

Resolve ke-imbursing sundry cities and towns for payments QJiap. 54. 

MADE ON ACCOUNT OF RENT OF ARMORIES. -^' 

Resolved, That there be allowed and paid from the Reimburse- 
treasur}^ of the Commonwealth to the following cities and ^f^paymeu'tr"^ 
towns, the sums herein below set against their names, in "f'tfrm^oriir* 
reimbursement of payments made for rent of armories, to 
wit : — 

Ayer. — One hundred and fifty-one dollars and sixty 
cents. 

Boston. — Seven thousand and eighty-one dollars and 
forty-four cents. 

Cambridge. — Four hundred and fifty-four dollars and 
eighty cents. 

Deerjield. — Sixty-five dollars and seventy cents. 

Greenfield. — One hundred and seven dollars and fifteen 
cents. 

Hudson. — Two hundred and two dollars. 

31elrose. — Three hundred and forty-three dollars and 
forty cents. 

MiddleborougJi. — Eighty-eight dollars and forty-three 
cents. 

Piltsfield. — One hundred and thirteen dollars and 
seventy cents. 

Stockbridge. — One hundred and fifty-one dollars and 
sixty cents. 

Shelburne. — Seventy-nine dollars and seventy-seven 
cents. 

Worcester. — Eight hundred and forty-nine dollars and 
thirty-five cents. Approved April 26, 1877. 

Resolve to provide for the construction of a storehouse at QJi^y^ 55 

THE state camp-ground, AND THE PURCHASE OF TENTS FOR THE ^' 

USE OF THE MILITIA. 

Resolved, That the following sums be allowed and paid Appropriation 

,r.,i, 1.1 1, .^1 for construction 

out ot the treasury, and the same are hereby appropriated, of storehouse 
to be expended under the direction of the quartermaster- oftenu.*^^'*^^ 
general, with the approval of the governor and council, 
to wit : — 

For the construction of a building at the state camp- 
ground for the storage of the property of the militia, a 
sum not exceeding two thousand dollars. 



686 * 1877.— Chapters 56, 57, 58, 59. 

For the purchase of tents for the use of the militia at 
the annual encampments, a sum not exceeding four thou- 
sand dollars. Approved April 27, 1877. 

Chap. 56. Resolve authorizing the state board of health to exam- 
ine INTO the pollution OF SOURCES OF WATER-SUPPLY, AND 
REPORT THEREON. 

Pollution of Besolved, That the state board of health be and they 

sources of water ii-i • • !•»•• 

supply. are hereby authorized to inquire what legislation is neces- 

sary to prevent the pollution of streams and ponds used 
as sources of water supply by cities and towns in the 
Commonwealth, with authority to make examinations, call 
witnesses, and to report, by bill or otherwise, to the next 
general court. Approved April 27, 1877. 

Chap. 57. Resolve relating to the indexing of the state archives. 
state archives Resolved, That the secretary of the Commonwealth 

to be indexed. ' i • i • i <■ i 

cause to be completed the chronological index oi the vol- 
umes of archives of the Commonwealth, numbered from 
one to two hundred and thirty-nine, inclusive, and that 
he be hereby authorized to employ for the performance of 
this work three additional clerks, — one at a salary not 
exceeding thirteen, and two at salaries not exceeding 
eight, hundred dollars each per annum. 

Aj^proved Apiril 28, 1877. 

Chap. 58. Resolve relating to certain employes in the adjutant-gen- 
eral's office. 

officeonhe" Resolved, That from and after the first day of June of 

adjutant-gen- i\^q prcscut year the extra clerks in the office of the adju- 
tant-general, other than persons who may be employed 
under chapter fifteen of the resolves of the year eighteen 
hundred and seventy-five, shall not exceed four in num- 
ber, one of whom shall act as messenger at an annual 
salary not exceeding one thousand dollars. 

Approved April 28, 1877. 

Chap, 59. Resolve authorizing the appointment of a commission to 

inquire into TilE EXPEDIENCY OF REVISING THE SYSTEM OF 

administration of the public charities of THIS common- 
wealth. 

Commission Resolvcd, That the g-overnor and council be and they 

upon revision of • i i • t • • • • • 

administration arc hd'cby autliorizcd to appoint a commission, consisting 
cbarities. '° of thi'ce pcrsoiis, to sit during the recess of the legisla- 
ture, with authority to call witnesses, to inquire into the 



1877.— Chapter 60. 687 

expediency of revising the system of administration of 
the public charities and reformatory institutions of the 
Commonwealth, and all the existing statutes in regard to 
pauperism, crime and insanity, with a view to secure 
greater simplicity, economy and efficiency, in said admin- 
istration. Said commission shall submit its report in 
writing, with bill or bills if practicable, to the secretary 
of the Commonwealth, before or on the twentieth day of 
December next, on which day the commission 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 copy to each member of the present legislature, in 
addition to the distribution of such documents now pre- 
scribed by law. Approved May 4, 1877. 

Resolve providing fob the supervision of statistics. Chav. 60. 

Resolved, That the secretary of the Commonwealth, the Board of super- 
secretaries of the boards of agriculture, of state charities, ^^^o*"^ °f ^^^'■i^- 
of education, and of health, and the chief of the bureau 
of statistics of labor, shall constitute a board of super- 
visors of statistics, to serve without pay. 

The governor, with the advice and consent of the 
council, shaTr_at-.ja»©e, upon the passage of this resolve, 
appoint one of the members of said board as the chair- 
man thereof, who shall have power to appoint a secretary. 

The said board shall meet regularly at the state house 
at least once in each month, and whenever called together 
by the chairman. 

The board shall have general supervision of all matters to have general 
relating to the statistics to be gathered and reported by ainnauers'^re- 
either of the departments represented on the board. Any i?|ing 'o statis- 
investigation contemplated by either of said departments 
shall be reported to the board, for the purpose of harmon- 
izing the work with that of any other department, before 
such investigation is made, and it shall be the duty of the 
board to direct all such investigations to be made in such 
manner as not to duplicate work, and that all presenta- 
tions of facts be so made as to avoid complications ; it 
shall also be the duty of the board to simplify and abridge, 
when it can be done without detriment, the statistical 
matter to be presented by any department represented, 
and when such matter is germane to that under the care 



688 1877.— Chapter 61. 

of another department shall see that such matters are con- 
solidated and presented by one department only. 

The l)oard shall also devise a phm to be reported to the 
next legislature for securing uniform records in jails, 
prisons, asykmis, and all penal and charitable institutions, 
that the fullest results from such sources may be realized. 

The board shall also consider and report to the next 
general court a bill for securing more accurate and reliable 
original entries which form the basis of the registration' 
reports. 

The board shall also consider and report to the next 
general court upon the expediency of consolidating under 
the supervision of one department of statistics the work 
of all departments whose custom it is to present statistical 
matter, so far as it relates to statistics in any form. 

A sum not exceeding five hundred dollars shall be 
allowed said board for annual contingent expenses. 

Approved May 4, 1877. 

Chap. 61. Resolves concerning the commonwealth flats at south 

BOSTON. 

Adoption of Resolved, That the approval and adoption of the com- 

plan relating to . . ' i • i i • i -x 

reserved chan- missioucrs puui which wcro obtauicd and secured by chap- 
ter eighty-one of the resolves of the year eighteen hun- 
dred and sixty-six, are, so for as relates to the reserved 
channel thereon laid down, hereby withdrawn and an- 
nulled, and the agents of the Commonwealth for the 
Commonwealth's flats at South Boston are hereby directed 
to omit said reserved channel, in the map to be prepared 
by them in accordance with the provisions of cha[)ter two 
hundred and thirty-nine of the acts of the year eighteen 
hundred and seventy-five. 

Rights of Com- Resolved, That for the purpose of completing the i)ur- 

moiiwoallli and />/ii I'-iii ciii-i 

of otiier parties chasc oi flats authorizcd by chapter tour hundred and 

to be determined /., • i-ji . i?i<i' -ij i ii i 

by arbitration, torty-six ot thc acts ot tuc year eighteen huntlred and 
sixty-nine, the agents of the Commonwealth for the Com- 
monwealth's flats at South Boston, with the approval of 
the governor and council, shall have full power to deter- 
mine and settle, by agreement, arbitration or process of 
law, the relative rights and interests of the Commonwealth 
and all other parties, in and to and over said flats or any 
parts thereof, within the limits prescribed by said act; 
and with the ai)i)i-oval of the governor and council, the 
said agents may make any contract which they think judi- 



1877.— Chapter 62. 689 

cious, with any of the adjacent or littoral owners in South 
Boston, for the purchase or exchange of lands or flats, 
and shall have full authority to release upon such terms 
and conditions as they shall deem tit, and convey by deed, 
with Avarranty or otherwise, to be duly executed by them 
in behalf of the Commonwealth, the right, title and inter- 
est of the Commonwealth in and to such portions of the 
said lands and flats as they may deem it proper to dispose 
of. 

Resolved, That for the purposes specified in the preced- Appropriation 
ing resolve, the sum of ten thousand dollars is hereby 
appropriated and placed at the disposal of the agents 
aforesaid ; and the governor with the approval of the 
council may draw his warrants from time to time for such 
amounts, not exceeding in all the said sum of ten thousand 
dolhirs, as may be required for the purposes aforesaid : 
provided, that no part of this sum shall be paid to said Proviso. 
agents until satisfactory evidence is furnished to the gov- 
ernor and council, that purchases, exchanges or contracts 
have been made by said agents, which shall finally settle 
and determine all questions and controversies, the settle- 
ment of which is provided for by the second of these 
resolves, for an aggregate amount not exceeding the sum 
herein appropriated. 

Resolved, That the said agents may purchase or other- Material 
wise obtain material dredged from the harbor, or other hlirborlnay'be 
material, to be dumped upon said flats, and may build ^'™i"'^ "p°" 
such bulkheads as may be necessary to secure said material 
in place. And for this purpose the sum of two thousand Appropriation. 
dollars is hereby appropriated, to be paid from the treas- 
ury with the approval of the governor and council. 

Approved May 8, 1877. 
Resolve concekning the "trophies of the battle of benning- (JJiari. Q2. 

TON," now in TUE senate CHAMBER OF THE CAPITOL. -^' 

Resolved, That the trophies of the battle of Bennington, Trophies may 
now in the senate chamber of the capitol, be transported to° Vermont and 
to Bennington, Vermont, on the occasion of the approach- senaVediambM-. 
ing centennial celebration of that important event ; and 
that for this purpose the adjutant-general be authorized to 
take chai'ge of these cherished memorials ; and that he be 
enjoined to use due care in transporting, preserving and 
returning them to their present place in thiajtt*pk<)L__^ 

AppiWxTMap^lSll . 
87 



690 1877.— Chapters 63, 64, 65, 66. 

Chap. 63. Resolve in relation to the antietam cemetery in the state 

OF MARYLAND. 

Interest of ftate Besolvecl, Thiit the j^ovemor is hereby authorized and 

in Antietam ' O ./ _ 

cemetery to be rcQuested to traiisfcr to the United States, the interest 

transferred to i • i at i j i • ii > • , /-1 , ' ,^ 

United States, which Massachusetts has in the Antietam Cemetery, in the 
state of Maryland, whenever it shall appear to him that 
the fee and ownership of said cemetery are duly vested in 
the United States. A2)pToved May 11, 1877. 

Chap. 64. Resolve in relation to the claim of parker and stevens von 

MASONRY-WORK, ON THE HOOSAC TUNNEL AND TROY AND GREEN- 
FIELD railroad. 

Allowance to ResolvecL That there be allowed and paid to Parker and 

Tarker and ' i • i i 

Stevens. Steveus, such sum as the governor and council, having 

regard to the claims of other parties and after due inves- 
tigation, shall tind to be justly due them as a balance 
for masonry-work and material on the second division of 
the Hoosac Tunnel and Troy and Greenfield Railroad, and 
a sum not exceeding twelve thousand five hundred dollars 
is hereby appropriated therefor, the same to be in full set- 
tlement of their claim and to be paid only upon their 
receipt to that effect. Approved May 16, 1877. 

Chap. 65. Resolve in favor of the Worcester lunatic hospital. 
Aiiowancefor Besolved, That the sum of thirty thousand dollars be 

additional fur- hit.t n i i 

Diture. allowed and paid out of the treasury, to the trustees of the 

Worcester Lunatic Hospital, for the purchase of such 
additional furniture for said hospital as may be required 
in consequence of the establishment of the temporary 
asylum for the chronic insane. Aj^proved May 16, 1877. 

Chap. 66. Resolve authorizing the treasurer to borrow money in 

anticipation of the revenue. 

Treasurer may HesolveCL That the trcasurcr and receiver-ireneral be 

borrow iiKjney ii-ii I'l • ..~. ,, 

in anticipation ftnd hc IS hereby authorized to borrow, in anticipation ot the 
receipts of the present year, such sums of money as may 
from time to time be necessary for the payment of the 
ordinary demands on the treasury, at any time before the 
expiration of fifteen days after the meeting of the next 
general court, at such rates of interest as shall be found 
necessary ; and that he repay any sum he may borrow 
luuler this resolve, as soon as money sufiicient for the 
l)urp()se and not otherwise appropriated shall be received 
into the treasury. Approved May 10, 1877. 



of revenue. 



1877.— Chapters 67, 68, 69. 691 

Resolve providing for repairs on the state house. Chcq). 67. 

Resolved, That there be allowed and paid out of the Appropriation 
treasury, a sum not exceeding two thousand eight hundred 8tate'house.°" 
dollars, for repairs and improvements on the state house, 
to be expended by the sergeaut-at-arms, under the direction 
and with the approval of the commissioners on the state 
house ; and the same is hereby appropriated. 

Ajyproved May 16, 1877. 

Resolve in favor of the Massachusetts agricultural college. (JJiquj^ gg. 

Resolved, That there be allowed and paid out of the Allowance of 
treasury of the Commonwealth, a sum not exceeding five ^^•*''^*^- 
thousand dollars, one-half of which sum shall be expended 
under the direction of the trustees of the Massachusetts 
Agricultural College, for the payment of the current 
expenses of the institution for the present year, and one- 
half of the same shall be paid, under the direction of said 
trustees, for manual labor which students may perform 
who are residents of the Commonwealth ; but no student 
shall be paid more than one hundred dollars during one 
year. Approved May 16, 1877. 

Resolve in relation to the state printing. Chap. 69. 

Resolved, That the chairman of the committee on print- contract to be 
ing of the senate, and the chairman of the committee on statlVrinting, 
printino' of the house of representatives, the auditor, sec- fo'- ^ t"™ of me 

1 .1/^ years. 

retary, and treasurer of the Commonwealth, the clerk of 
the senate, and the clerk of the house of representatives, 
be and they are hereby directed to advertise for proposals 
for the execution of all the printing for the several depart- 
ments of the government, for a term of five years from the 
first day of July, in the year eighteen hundred and seventy- 
seven, and to contract for the same at such rates as said 
oflicers shall decide to be for the best interest of the Com- 
monwealth : jirovided, however, that the contract shall be 
given to the lowest bidder therefor, who shall upon inves- 
tigation appear to the committee to possess the proper 
facilities for the satisfactory execution of the work. Said 
contract shall be subject to all the restrictions contained in 
the existing contract with the state printers ; and bonds sat- 
isfiictory to the above named oflicers, to the amount of not 
less than ten thousand dollars, shall be given, by the parties 
to whom the contract shall be awarded, for the faithful 
performance of their contract. Appjroved May 16, 1877. 



692 Peoposed Ainiendment to the Coxstitutio]^^. 



PROPOSED AMENDMENT TO THE CONSTITUTION. 



The following proposed Article of Amendment to the Constitution 
of this Commonwealth, has been officially certified and deposited 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 be chosen, in 
the manner provided by the Constitution, mxist be submitted to the 
people for their ratification or rejection : — 

Resolve providing for an amendment to the constitution 
TO permit the division of towns into election districts. 

Resolved^ By both houses, the same being agreed to by 
a majority of the senators and two-thirds of the members 
of the house of representatives present and voting there- 
on, that it is expedient to aUer the constitution of this 
Commonwealth by adopting the subjoined article of 
amendment ; and that the same as thus agreed to, be 
entered on the journals of both houses with the yeas and 
nays taken thereon, and referred to the general court next 
to be chosen, and that the same be published, to the end 
that if agreed to by the general court next to be chosen, 
in the manner provided by the constitution, it may be sub- 
mitted to the people for their approval and ratification, in 
order that it may become a part of the constitution of this 
Commonwealth. 

Article of Amendment. 

The general court shall have full power to divide any 

town into election districts, and prescribe the manner of 
calling and holding public meetings of the legal voters of 
such town, in such districts, for the election of ofticers 
under the constitution, and the manner of receiving and 
returning the votes given at such elections. 



Proposed Amendment to the Constitution. 693 

House of Representatives, March 15, 1877. The 
foreofoino: Article of Amendment is aOTeed to, two-thirds 
of the members present and voting thereon having voted 
in the affirmative, and the same is referred to the general 
court next to be chosen. 

John D. Long, Speaker. 

Senate, March 22, 1877. The foregoing Article of 
Amendment is agreed to, a majority of the members of 
the Senate present and voting thereon having voted in the 
affirmative, and the same is referred, in concurrence, to 
the general court next to be chosen. 

John B. D. Cogswell, President. 



The General Court of 1877, during its annual session, passed two 
hundred and fifty-two Acts and sixty-nine Resolves, which received 
the approval of His Excellency the Governor. In addition to these, 
three Acts, entitled respectively, "An Act in relation to the sale of 
Intoxicating Liquors," " An Act to further define the policy of the 
Commonwealth in regard to the Hoosac Tunnel and the Troy and 
Greenfield Railroad," and " An Act authorizing the appointment of 
Trustees for the State Lunatic Hospital at Danvers," were laid before 
the Governor, for his approval, and were returned by him to the Sen- 
ate in which they originated, with his objections thereto. The Senate 
proceeded to reconsider the same agreeably to the provisions of the 
Constitution, and the vote being taken on passing each of said Acts, 
the objections of the Governor to the contrary notwithstanding, the 
same were rejected, two-thirds of the members present and voting 
thereon not having voted in the affirmative. 

The Acts of the pi*esent session may be classified as follows : Acts 
of a public character, two hundred and seventeen. Acts relating 
strictly to private property, persons or corporations, thirty-five. 

The General Court of 1877 was prorogued on Thursday, May 17, 
the session having occupied one hundred and thirty-five days. 



694 Govekn^or's Address. 



IJS'AUGUKAL ADDEESS 



HIS EXCELLENCY ALEXANDER H. EICE 



At twelve and a half o'clock on Thursday, the fourth 
day of January, His Excellency the Governor, accom- 
panied by His Honor the Lieutenant-Governor,' the mem- 
bers 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 Eepresentatives, in Convention, and delivered 
the following — 

ADDRESS. 

Gentlemen of the Senate and of 

the House of Representatives : 

Our fellow-citizens of the Commonwealth, with gratify- 
ing confidence, have committed to our care the legislative 
and executive duties of their government during the year 
upon which we have just now entered. In the Declara- 
tion of Rights of the inhabitants of Massachusetts, it is 
declared that government is instituted for the common 
good ; for the protection, safety, prosperity, and happi- 
ness of the people ; and that they have tiie right to reform 
and alter the same whenever change is required, in order 
to secure these paramount objects. 

The principle thus enunciated in our fundamental law, 
seems also to indicate, in the sphere of legislation, its 
proper objects, and the spirit in which it ought to be 
conducted. 



Governor's Address. 695 

Empowered as the chosen representatives of the people, 
with anthority to supervise and alter the statutes, and to 
make provision^ for the safe and suitable administration of 
the institutions and policy of the Commonwealth, no 
higher incentive to a loyal discharge of that duty can be 
needed than such as arises from a just appreciation of the 
dignity of that trust, and from a manly sense of public 
accountability. 

A beneficent Providence has blessed ns with the gifts 
and immunities which characterize an enlightened and 
prosperous community ; our institutions are preserved in 
their integrity ; the credit of the State remains unsullied ; 
the courage and loyalty of the people are unquestioned ; 
and hallowed memories and heroic examples inspire our 
efforts and shed the light of a noble patriotism upon the 
pathway before us. Under these favoring conditions, 
and assured of your generous cooperation in all measures 
that will promote the general welfare, I proceed to dis- 
charge my immediate duty by laying before you whatever 
information is at command relating to the several depart- 
ments of the Commonwealth. And first in order, I invite 
your attention to its — 

MATTERS OF FINANCE. 

The financial condition of the State is in many respects 
encouraging and gratifying. The great depression in the 
industries and general business of the country has admon- 
ished us that States, like individuals, must observe that 
economy in expenditure which shall be fully covered by 
some form of income, in order to meet maturing obliga- 
tions and preserve the public credit ; and when the income 
is derived largely from taxation, both public and private 
interest demand, in times like these, that the burden shall 
not be needlessly heavy. While there is nothing in the 
present or prospective condition of the Commonwealth 
which either demands or would justify any abridgment 
of the elements of her civilization and progress, or the 
adoption of a niggardly policy in matters of administra- 
tion, yet we shall doubtless agree that any extraordinary 
outlays shall be deferred until returning business pros- 
perity shall give larger increase to private incomes. The 
bonds of the State are a favorite form of investment to 
capitalists, selling always at a handsome premium, and 



696 GovERifOR's Address. 

the sinking funds and other securities will he amply suffi- 
cient to cover its loans. No new enterprises of a costly 
njiture have been undertaken during the past year, and 
thoise in progress are for the most part so far completed 
as to require only limited appropriations. 

Neither have any temporary loans been required to 
meet the demands of the treasury, the receipts from reve- 
nue and other sources having been aniple for all purposes. 
Should no new emergencies arise to demand increased 
expenditure and consequent loans, the decreasing debt 
will carry a corresponding reduction in the interest 
account, now exceeding a million and a half of dollars 
annually, and payable irom the ordinary revenues of the 
State. It is a source of satisfaction that vigilant obedi- 
ence to the tendency of the times, both in legislation and 
administration, has improved the monetary interests of 
the State, and inaugurated a substantial decrease in its 
ordinary expenses. 

The amount and character of the public debt, January 
1, 1877, may be stated as follows : — 

Amount outstanding January 1, 1876, . . S33,886,4G4: 00 

Negotiated during the jear : — 
Worcester Hospital loan, . . $350,000 00 



Danvers Hospital loan, . . 450,000 00 
Harbor Improvement loan, . 300,000 00 



1,100,000 00 



Total, ...... S3-4,9SG,464 00 

Paid during the year : — 
Union Fund loan of 18G1 (final), . . 1,436,000 00 

Aggregate funded debt, January 1, 1877, . 633,550,464 00 

Classified as follows : — 

Railroad loans, . . .817,768,996 00 
War loans, .... 11,068,18800 
Ordinary loans, . . . 4,713,280 GO 

$33,550,464 00 

Net reduction of debt in 1876, . . . 8336,000 00 

Of the total funded debt now outstanding, the sum of 
$20,4i>5,4()4 is in sterling; and the remainder, $13, 055,- 
000 in doUar bonds, those issued in 187G being in the 
latter classitication. 



Governor's Address. 697 

The loans which mature during the current year are the 
Norwich and Worcester Raih-oad loan of $400,000; a 
portion of the Union Fund loan of 1862, amounting to 
$400,000 ; and the last instalment of $50,000 of the 
Northampton Lunatic Hospital loan of 1857. The re- 
demption of these loans is fully provided for by the sink- 
ing funds and other means applicable thereto. 

The reduction of the ordinary expenses of the govern- 
ment contemplated by the legislation of 1876 will show 
very satisfactory results, although the operation of some 
of the statutes looking in that direction did not take effect 
till the year was somewhat advanced. With their full 
application from the present time, the estimates for 1877 
may be stated as follows : — 

Ordinary and exceptional payments from reve- 
nue, $4,771,300 00 

Ordinary revenue of the year, including cash 

on that account in the treasury, . . . $4,006,123 00 

From these estimates, it will be seen that a state tax of 
$1,200,000 to $1,400,000 will be required to meet the 
probable deficit, and furnish the treasury with sufficient 
means for its accruing wants, in anticipation of the rev- 
enues of 1878. With a state tax thus reduced by more 
than a million of dollars below the average for the last 
fifteen years, many of which were burdened with heavy 
and extraordinary expenditures, the financial necessities of 
the year will be comparatively light, unless increased by 
special legislative grants. 

VALUATION AND TAXATION. 

The decline in business prosperity, so generally ex- 
perienced throughout the country, shows its effect upon 
both real and personal property in this, as in other States, 
and the result indicates, for the first time in many years, 
a considerable loss compared with the valuation of the 
preceding year. This loss is, no doubt, in some respects, 
more apparent than real, and the contrast is made stronger 
by the fictitious valuation of some previous years ; yet, as 
that valuation was made the basis of taxation, and assumed 
as the property resources of the people of the State, the 
apparent decline must be viewed and treated in the same 



698 



Goyerxor's Address. 



relations in estimating our future expenditures and present 
resources. The followino^ table indicates the o^reat chano^es 
which have taken place in the last six years : — 



Year. 


ESTATE. 


Total Valuation. Gain or Loss. 


1871, . 

1872, . 

1873, . 

1874, . 

1875, . 

1876, . 


Real and personal. 
Real and personal. 
Real and personal. 
Real and personal. 
Real and pei-sonal, 
Real and i^ersonal, 


$1,496,678,258 
1,696,599,969 
1,763,429,990 
1,831,601,165 
1,840,732,706 
1,769,433,514 


$199,921,711* 

66,830,021* 

68,171,175* 

9,131,541* 

71,299,192t 



* Gain. 



t L088. 



This shows a total loss, in 1876, as compared with the 
previous year, of more than seventy-one millions of dol- 
lars ; while in the year 1872, the same descriptions of 
property advanced within a fraction of two hundred mill- 
ions, and by an average of about sixty-seven millions iu 
each of the two following years. 

The loss of the past year, therefore, is nearly equivaleut 
to the gain of the two preceding years, and places the 
present valuation substantially where it was in 1873. 

Of this loss of more than seventy-one millions of dollars 
in 1876, $48,888,955 is chargeable to depreciation of real 
estate, and $22,410,237 to depreciation of personal 
property. 

If we carry the analysis one step farther, we find that 
sixty-six millions are chargeable to depreciation of prop- 
erty held in the cities, which have gradually become the 
centres of manufacturing industry as well as of traffic. 
This depreciation may therefore the more readily and cer- 
tainly be assigned to the depression of business, and its 
revival may reasonabl}^ be expected to bring a correspond- 
ing appreciation and recovery. 

In my former address to the General Court, in January 
last, I called special attention to the fact that the important 
increase in our public expenses, and consequently in the 
burden of taxation, was chargeable to the counties, cities 
and towns, rather than to extravagance in conducting the 
affairs of the Commonwealth, as shown by the relative 
increase of the respective classes of debt ; and also to the 



Governor's Address. * 699 

recent salutary legislation for limiting municipal indebted- 
ness. It is gratifying to note that the people appear to 
have rightly apprehended the lesson taught both by the 
increase of expenses and by the depreciation of real and 
personal property ; and the returns of the last year give 
promising indication of a growing economy in the amount 
of municipal expenses, which, in some degree, compensates 
for the losses in valuation. The aggregate of these 
expenses in 1875 was $27,712,396, and in 1876 the 
aggregate was $24,800,742, showing a decrease of 
$2,915,867, or upwards often per cent. 

There is no reason to doubt that the property exhibit 
and the industrial prosperity of Massachusetts will compare 
favorably with those of any of the older States of the 
Union under a corresponding statement ; and the sales of 
real estate which have taken place during the past few 
months give hope that the minimum of depreciation has 
been reached, and that we are already on the ascending 
plane of recuperation and increase. 

SAVINGS BANKS. 

The reports of the Savings Banks for the year ending 
October 31, 1876, show a small increase in the amount on 
deposit, including dividends credited to the deposit 
account ; and for the first time in eleven years, a slight 
excess of withdrawals over the amount deposited during 
the year. The following is the official statement : — 

The total amount of deposit account in 1876, 

was 6243,340,732 66 

The total amount of deposit account in 1875, 

was 237,848,963 21 



Increase in 1876, $5,491,769 45 

The total amount withdrawn, including divi- 
dends in 1876, was $52,120,524 02 

The total amount deposited in 1876, was . 49,776,771 08 



Excess of withdrawals over deposits in 1876, . $2,343,752 94 

The Act of 1876, revising previous legislation relating 
to these institutions, did not take effect until the first of 
October ; and sufficient time has not yet elapsed to test its 
workings by experience. 



700 ' Goveekor's Address. 

The management of the Savings Banks is more than 
usually conservative, and those to whose charge they are 
intrusted have full confidence in their soundness. 

THE DECENNIAL CENSUS. * 

The decennial census of voters provided for by the 
Constitution, and that of the people and industries pro- 
vided for by statute, for the year 1875, was completed 
within the time prescribed ; the apportionment of senators 
and representatives was made according to requirement, 
and now the results of the entire census have been given 
to the public. 

The system adopted for the enumeration of 1875, sought 
to secure information regarding all conditions of the peo- 
ple, and all facts relating to their productions. The feature 
that distinguished the recent from all preceding enumera- 
tions, is, that written replies to printed questions on prop- 
erly prepared blanks, were required from the inhabitants ; 
hitherto questions have been proposed and answered ver- 
bally. The advantages of this new method have proved to 
be exceedingly important, and the disadvantages no greater 
than under the old system. 

The success of this system gives evidence of the intel- 
ligence and patriotism of the inhabitants of the Common- 
wealth, in furthering the efforts of the government to 
learn their exact condition and resources ; and has fur- 
nished a mass of facts which, properly classified and 
presented, forms a fitting contribution to the science 
which underlies all wise legislation, and supplies a clear 
and intelligent analysis of what constitutes the social, 
civil and industrial elements of the State at the close of 
the first century of national life. 

It is gratifying to learn that the population has increased 
from 1,207,030 in 1865 to 1,651,912 in 1875, a gain of 
30.38 per cent. ; while the productions of the State, on a 
gold basis, have grown from $315,715,877 in 1865 to 
$571,319,165 in 1875, an advance of $255,603,288, or 
little less than 80 per cent. 

The census developed the necessity of more uniformity 
in the general statistics of the State, and in the methods 
of keeping the records of pul)lic institutions. A central 
control of all statistical matters would secure simplifica- 
tion, avoid the duplication of work which now exists in 



Goveen^or's Address. 701 

some instances, and ensure uniformity and intimacy of 
connection in the presentation of facts by ,tlie several 
departments whose custom it is to report statistical infor- 
mation. 

INSURANCE. 

The opportunity to obtain statistics of great value to 
insurers and insured, afforded by the taking of the decen- 
nial census, was availed of by the Insurance department. 
The manufticturing statistics thus obtained have been clas- 
sified with special reference to the business of insurance, 
and the same will be found in the forthcoming report of 
the Commissioner. In the same connection will be given 
a schedule of all the fires which have occurred in the State 
during the year. It appears from the returns last made to 
the Insurance department, that the outstanding insurance 
upon property, real and personal, in this State, amounts 
to more than $800,000,000. Of this amount, the stock 
and mutual companies of this State carry $450,000,000, 
while $350,000,000 is carried by companies of other 
States and countries. The annual cash premiums are 
about $7,000,000 ; and the amount paid for losses by fire, 
for the past three years has averaged about 45 per cent. 
of the gross premiums. One hundred and thirty-seven 
companies of other States and countries are now duly 
authorized to transact business in this State, having an 
aggregate capital of $50,000,000. Seven hundred and 
fifty-three bonds of agents of companies have been exam- 
ined and approved by the Commissioner during the year, 
as the law now requires. The cash capital of our home 
companies amounts to $8,324,200. 

By the provisions of chapter 83 of the Acts of 1876, it 
is made the duty of the Insurance Commissioner to exam- 
ine annually the accounts of all receivers of insurance 
companies appointed by the Supreme Judicial Court ; and 
in conformity thereto these accounts, twenty-nine in num- 
ber, have been carefully examined, and the details will 
appear in his annual report. 

In the department of Life Insurance, the valuation of 
the old policies of all the companies doing business in the 
State is nearly completed. By a recent decision of the 
Supreme Judicial Court, companies of other States doing 
business in Massachusetts are held to be subject to the 
provisions of chapter 186 of the Acts of 1861, known as 



702 GovEEifOR's Addkess. 

the non-forfeiture law ; and this decision will probably 
cause a considerable increase in the work of this depart- 
ment. The full opinion of the Court not yet having been 
sent down, the Commissioner has not been able to deter- 
mine the liabilities of the companies with the exactness 
which is necessary before work can be connnenced. It 
may be proper to remark that this interpretation of the 
statutes is not in accordance with the opinion heretofore 
generally held respecting the application of the law ; and 
if it be contrary to the intent of the General Court, 
further legislation seems necessary to remove imperfec- 
tions in the laws previously enacted. 

HEALTH AND VITAL STATISTICS. 

The reports of the State Board of Health present a mass 
of sanitary information of the highest interest and value, 
and the labors of the Board in disseminating information 
respecting the health of individuals and towns, have been 
efl'ective in preventing and abating many nuisances under 
the law relating to noxious and offensive trades, passed in 
1871. The character and value of their reports are so 
well established, that other States are imitating the exam- 
ple of our own in this department of our civil economy. 
The reports are sought for by sanitarians in all parts of 
this country and of Europe, where they are regarded as 
^ high authority. 

The law relating to the registration of vital statistics 
seems to be but imperfectl}^ observed, — physicians, clerks 
of towns and undertakers being so delinquent in their 
returns from some of the towns, as greatly to impair the 
usefulness of the entire system. It is believed that if the 
supervision of such registration were given to the Board 
of Health, with sufKcient power to enforce its observance, 
better results would be obtained, especially if local town 
boards of health should be required by law to be estab- 
lished in every town, with close relations and correspond- 
ence with the state board. 

The Registration of Diseases is another subject to which 
I would invite your attention, as one of the most ditHcult 
of problems, but one of great and growing importance. 
If almshouses, hospitals, tlispensaries and schools were 
requiied to report the number on the sick-list each week 
to the superintendent of vital statistics, such records would 



Governor's Address. 703 

go a great way towards informing the authorities at the 
earliest date when certain diseases are beginning to pre- 
vail, so that epidemics and other forms of dangerous sick- 
ness could in many cases be crushed out at their origin. 
Some plan should also be provided by law for preventing 
the attendance at school of children who have been sub- 
jected to infectious influences which they would be liable 
to convey to other children, and through these to the 
people at large. 

METRIC SYSTEM. 

Article 1, section 8 of the Constitution of the United 
States, authorizes Congress to fix the standard of weights 
and measures ; and sundry statutes and resolves of that 
body, passed in July, 1866, and at subsequent dates, 
authorize the use of the metric system, and j^rovide for 
furnishing each State in the Union with one set of the 
standard weights and measures of that system, and for 
their use in the custom-houses and post-offices of the 
United States. The advantages which this system offers 
in saving of time and labor in the transaction of business, 
and the convenience its use would afford in matters of 
international exchanges, if universally adopted, are begin- 
ning to attract attention in the most enlightened countries 
of the world. 

The Statutes of Massachusetts (chap. 51, sect. 1) pre- 
scribe what weights and measures only shall be lawfuHin 
this Commonwealth, and do not include the metric S3'stem. 
It is therefore thought expedient to inquire whether our 
statutes are in conffict with the National Constitution or 
laws, and whether the metric system should not be in- 
cluded in the weights and measures which are prescribed 
by our statutes to be lawful. 

JUDICIAL SYSTEjM OF THE STATE. 

The Commission appointed under chapter 4.3 of the 
Resolves of 1876, to inquire into the expediency of revis- 
ing the judicial system of the State, are of opinion that, 
owing to diversity of character and density of the popula- 
tion in different parts of the State, a uniform system of 
inferior courts cannot wisely be applied to the whole Com- 
monwealth ; and that police or district courts, wherever 
they can be established without imposing upon the several 



704 Goveenoe's Addeess. 

counties an amount of expense disproportionate to the 
work to be accomplished, are more valuable tribunals 
than justices of the peace or trial justices. They have, 
therefore, determined upon a report which deals with the 
existing system in a manner intended to distribute the 
business of the courts more equally than it is now distrib- 
uted, by increasing the jurisdiction of the lower courts, 
discouraging frivolous and vexatious appeals therefrom, 
■ and by giving jurisdiction to the Superior Court in certain 
matters which are now cognizable by the Supreme Judicial 
Court, — the purpose being to relieve the Supreme Judicial 
Court, now severely tasked, and compensating the Supe- 
rior Court for the new work put upon it, by causing a 
large number of small cases, such as now come into that 
court, to be ended in the inferior courts. 

The Commission also reports recommendations designed 
to cure evils arising from the commissioning of too many 
justices of the peace ; from abuse of the trustee process ; 
from the infrequeucy of return days for process in the 
SujDerior and Supreme Judicial courts, and suggestions 
with regard to other minor matters which are within the 
purview of the Resolve. 

CORONERS. 

I desire to call your attention to some needed changes 
in the statute respecting the appointment and the powers 
and duties of coroners. At present, the number who may 
be appointed is unlimited, and has been extended far 
beyond reason or necessity, and has sometimes included 
persons incompetent and unfit for the legitimate duties of 
that office. 

In London, there are but four coroners ; in New York, 
four, and four assistants. In Brooklyn, Philadelphia, 
New Orleans and Chicago, two each ; in Baltimore, Wash- 
ington, Cincinnati and San Francisco, one each, making a 
total of twenty-four; while in Boston alone there are 
fortyrilu'ce, and in Sliifulk County forty-seven. The 
powers and duties vested in coroners are highK- impor- 
tant, and their abuse frequent ancTltangcrous. The}' em- 
brace both the functions of })hysician and judge, and it is 
said that even the verdicts of juries are sometimes framed 
by the coroner himself. No process of removal of an 
unfit coroner now exists, excepting by address of both 



Governor's Address. 705 

houses of the Legislature to the Governor and Council, 
and this is impossible during a large portion of the year. 

THE STATE CHAKITIES. 

In a Commonwealth like ours, under the influences and 
exposed to the evils as well as to the advantages of modern 
civilization, the public charities, the correction of vice, 
and the punishment of crime must necessarily call for 
large expenditures of money, and for continual vigilance, 
diligence and foresight in the administration of our chari- 
table and correctional systems. Of the revenues annually 
expended by the Commonwealth (after deducting one- 
fifth, which goes to pay interest on the public debt, and 
the charges thence accruing), it will be found that nearly 
a quarter part is paid in public charity or for the execu- 
tion of the penal laws and the maintenance of prisons. 
Few persons are aware of the full extent of this depart- 
ment of the State Government, or of the manifold inter- 
ests which it includes and provides for. Massachusetts 
supports asylums for the blind, the insane, the deaf-mute, 
the idiotic, the inebriate ; schools for the young of these 
classes, for paupers, and for juvenile delinquents; prisons 
of three or four grades ; hospitals for most maladies ; 
almshouses, public and private, and charitable societies of 
every kind. We have two distinct systems of public 
relief for the poor : one administered by the State in six' 
or seven establishments, containing hundreds of inmates, 
the other administered by three hundred and tbrty-two 
cities and towns, in two hundred and twenty almshouses, 
and in thousands of private families where the poor are 
supported or aided. The aggregate outlay for public and 
private charity is very large, amounting to four and a half 
millions of dollars paid during the year 1876. Less than 
a third part of this amount is paid from the state treasury ; 
but something more than a third part is paid by the cities 
and towns, and over all the public expenditure the state 
authorities exercise some supervision. 

All the charitable and reformatory schools, and most of 
the asylums and hospitals, have been maintained or aided 
from the public treasury, either of the State or the muni- 
cipalities, and for many of them the amount thus paid is 
rapidly increasing. Thus, the number of the insane sup- 
ported at public expense is now nearly double what it was in 

89 



706 GoT^Eisroii's Address. 

1854, while their cost is more than double. The whole 
yearly outlay for the insane in the hospitals, asylums and 
almshouses of Massachusetts cannot be accurately stated, 
but it no doubt exceeds $700,000, of which the State pays 
at least $125,000, the cities and towns not less than $300,- 
000, and private citizens nearly $300,000. Probably no 
other State in the Union expends so much for its insane, 
or for other dependents, in proportion to the population, 
as Massachusetts does. 

The growth of the State Charities having been recent 
and rapid, it need not surprise us if the system under 
which they are administered should be found imperfect, 
complicated, and sometimes inconsistent with itself. This 
very system is a gradual growth, rather than a well- 
devised working plan. Especially is this true of our laws 
. of pauper settlement. Nor is it otherwise with the penal 
statutes and those laws which regulate prisons and reform 
schools. I would direct your attention to the urgent 
necessity which exists for revising and harmonizing these 
statutes, and for a reorganization of the Board of State 
Charities in accordance with such revised code, and with 
the altered conditions of charitable and reformatory work 
which have arisen since the Board was established. It is 
now seventeen years since the General Statutes were 
revised, and in this period there has been much legislation 
upon this subject. Some of it is conflicting, and very few 
"of the Acts passed appear to have been considered at the 
time of their enactment with due regard to statutes 
already existing. This is the defect, perhaps, of all leg- 
islation ; but it is especially noticeable with respect to the 
so-called Settlement Laws, the laws relating to insanity, 
and to those regulating the separation of children from 
their parents and natural guardians, when such children 
happen to fall into the pauper or criminal classes. 

The labor and discrimination of a body of judicious 
persons, acquainted with the practical working of the law 
and of our charitable institutions and system, could now 
be well bestowed for a few months in collating and revis- 
ing all the existing statutes in regard to pauperism, crime 
and insanity ; so that the present or the next General 
Court may repeal such of them as are obsolete, equivocal 
or conflicting, and condense the remainder into a few con- 
cise chapters, instead of leaving them, as now, scattered 
through twenty volumes, with judicial decisions modifying 



Governor's Address. 707 

them in as many more volumes of reports. The Board of 
Charities has done what it could in this respect ; but its 
powers are insufficient, and its members too fully occu- 
pied, to accomplish all that is desirable. 

I recommend the appointment of a special commission 
for this purpose. 

The separate establishments maintained by the Com- 
monwealth for the treatment of insanity, for the relief of 
the poor, for the education of dependent and delinquent 
children, and for the repression of crime, are susceptible 
of a more uniform and efficient management than now 
prevails. 

These institutions, ten or twelve in number, including 
four hospitals for the insane, a large state almshouse, two 
reformatories, three schools, and three prisons, are now 
governed each by its own superintendent and board of 
trustees or inspectors, between whom there is little con- 
sultation or cooperation. Except the Blind Asylum, 
which now reports to the Board of Education, they are all 
under the general supervision of the Board of State 
Charities, which possesses also certain powers of adminis- 
tration in regard to many of them. The Prison Commis- 
sion exercises other powers concerning two of the prisons, 
at Sherborn and at Bridgewater. But neither of the 
supervisory commissions has any direct power to regulate 
expenditure nor to correct the management of any institu- 
tion, these matters being left to the local boards of inspect- 
ors or trustees. Even these last may have no control of 
the appropriations for rebuilding or remodelling an estab- 
lishment, though they often direct construction and repairs. 
But in this divided jurisdiction, a conflict of authorities 
may easily arise, while the subdivision of responsibility 
sometimes acts unfavorably in point of economy. The 
great expenditure for new public buildings, within the 
five years since the close of 1871, is an illustration of this, 
which has more than once been cited, but which has lost 
none of its force by repeated remark. The union of 
several of these local boards of inspectors and trustees in 
a single board, for each branch of the public charities, or 
some other mode of simplifying and concentrating the 
management of these institutions, is much to be desired. 

The general condition of most of these establishments, 
and the principles which should control them, are set forth 
in the report of the Board of State Charities, where also 



708 Goveei^ok's Address. 

may be found detailed plans for the better classification of 
the insane, and for the reorganization of the State Chari- 
ties under a more responsible system, to both of which 
I would call your attention. The condition of the insti- 
tutions themselves, except that several of them are over- 
crowded, is better than it was a year ago, while the public 
poor do not seem to be suffering individually or collect- 
ively more than was the case last year. Economy and 
humanity, however, both require that the relief and 
supervision of the poor, whether of the State or of the 
municipalities, should be well ordered and well guarded. 
The system in use has already passed from municipal 
relief without state supervision, to mixed local and state 
relief, and now tends towards municipal relief supple- 
mented and supervised by the State. These are the three 
progressive stages of poor-law administration in Massa- 
chusetts ; the first having prevailed from 1775 to 1854, 
and the second and third now existing side by side, until, 
in course of time, the third stnge shall take the place of 
both. In the opinion of those qualified to judge, this 
third method, — municipal relief, supplemented and super- 
vised by the State, — is that which must ultimtitel}'^ be 
adopted in order to reduce pauperism to its lowest terms. 
But while the relief given by cities and towns to their 
resident poor should be subject to sufficient state regula- 
tion, much more strictly should this be maintained over 
the establishments in which the dependents and wards of 
the State are collected, sometimes to the number of a 
thousand in a single institution. The plan reported by 
the Board of State Charities provides for such efficient 
regulation, and would give more uniformity to the present 
system. 

COUNTY JAILS. 

It having been represented by the Commissioners of 
Prisons that there is great need of improvement and classi- 
fication of the county jails and workhouses, the Cieneral 
Court, by chapter 23 of the Kesolves of 187t), directed 
the Commissioners to report to the present session a 
definite plan for dividing the State into prison districts, 
Avith an estimate of the cost of carrying the same into 
effect; and also to present an estimate of the present 
value of the various prison buildings in the several coun- 
ties, with such other recommendations as they deem 



Goveenor's Address. 709 

proper. In obedience to this Resolve, the Commissioners 
will present in their report a plan for such division, 
classification and improvement, with a draft of a bill for 
carrying the same into effect, together with arguments 
and suggestions favoring a change in the laws respecting 
the treatment of drunkards and vagrants. It is believed 
that some such plan as they suggest would secure greater 
economy in expense, and at the same time be more hope- 
ful of reformation, if this class of persons were removed 
from contact and association with abandoned criminals. 
As this subject has already been before the Legislature, 
and is revived by its order, it will be entitled to your 
early consideration. 

woman's prison.^ 

The Commissioners also state that the new prison for 
women at Sherborn will be ready for use early in the 
coming summer, and that the expenditures have been kept 
within the estimates, and in their opinion no other than 
the original appropriation of $300,000 will be needed to 
finish the entire group of buildings, in accordance with 
the plans approved by the Governor and Council. The 
prudence and fidelity of the Commissioners in this respect 
seem to me to merit the highest commendation. Appro- 
priations will now be required for furnishing the prison, 
salaries of officers, and other current expenses, an esti- 
mate for which will be duly presented. 

EDUCATION. 

From the earliest times, the people of this Common- 
wealth have taken the deepest interest in the cause of 
education ; and they believe that the well-being of society, 
and that the perpetuity of our republican form of govern- 
ment, depend upon the spread of intelligence and virtue 
among those to whom the sovereign right of sufi'rage is ex- 
tended. Even in colonial days, schools were supported by 
law, and provision was made that their benefits should be 
universally enjoyed. How fjir the adoption of this intel- 
ligent provision ripened the conception and stimulated 
the desire for self-government, which resulted in the 
establishment of the National Union, may be left to the 
study of the historian and to philosophic meditation. 



710 Govsrxoe's Address. 

Massachusetts was the first State to euact a common 
school law ; and upon her model the other New England 
States and many others in distant localities, have founded 
their school systems. It has been her ambition to lead 
rather than to follow in the extension of her school privi- 
leges, and in providing for and perfecting her system of 
public instruction. The method of raising funds for the 
support of public schools, prior to the establishment of 
the school fund, was by tax upon the polls and estates of 
the people in the towns and school districts, without any 
considerable aid from the treasury of the State. The 
school fund was established by an Act of the Legislature 
of 1834, by which, and by subsequent Acts, the money 
then in the treasury derived from the sale of lands in the 
State of Maine, the amount derived from the State's claim 
upon the United States Government for military services, 
and the amounts to be derived from further sales of land 
in Maine and upon the Back Bay in Boston, should con- 
stitute a fund, the income of which should be appropri- 
ated and distributed in aid and encouragement of com- 
mon schools ; no city, town or district being entitled to 
receive a greater sum than itself raised for the same pur- 
pose. The school fund now amounts to $2,066,866.43. 

During the last twenty years, one-half the annual 
income of the school fund has been appropriated by law 
to the support of the common schools, while the other 
moiety of the income has been applied to " other educa- 
tional purposes." The Board of Education, in the last 
report submitted, call attention to the fact that the "edu- 
cational expenses," other than support of the common 
schools, exceed in amount the moiety of the income of 
the school fund appropriated to their payment, and will 
so exceed it hereafter until provision be made for the 
increase of the fund. Under these circumstances, some 
measure for supplying this deficiency must be adopted, or 
serious injury will accrue to our whole educational system. 
The Board suggest three ways, by the adoption of either 
of which this deficiency may be supplied. One is by 
making an animal appropriation from the state treasury ; 
one by increasing the school fund so that one-half the 
income shall be sufficient for the purpose ; and the third 
means is to assess a half-mill or a quarter-mill tax, in 
accordance with the recommendation contained in the 
report of the Board in a previous year. The Board 



Governor's Address. 711 

expresses its preference for the last of the three methods 
suggested. The argument in support of this measure will 
be found forcibly presented, and at length, in the report 
of the Board of Education for 1873. Still another means 
would be to change the ratio of apportionment between 
the two objects to which the income of the fund is appro- 
priated, giving the larger portion to what are termed 
"other educational purposes," and leaving the deficiency 
for the schools to be provided by the cities and towns in 
which they are located, according to the ancient custom. 
It may also be expedient to make careful inquiry whether 
the " other educational expenses " may not be reduced 
without detriment. Whether either of these, or some 
other method, shall meet your approval, the common 
pride of the people of the State in their school system, 
and the pressing necessity of the case, must secure your 
early and successful solution of the difficulty now exist- 
ing. The amount of the income of the school fund paid 
to cities and towns for the school year 1875-6, was $83,- 
350.99; and all the cities and towns in the State have 
raised by taxation the amount required by law to be 
raised, as a condition for receiving a share of the income 
of the fund. The whole number of pupils of all ages in 
all the public schools during the year, was 305,776 ; and 
the total amount of money expended in the maintenance 
of the public schools, including the instruction of children 
in the reformatory and charitable institutions, was very 
nearly $6,000,000',— being equal to $19.68 for each child 
in the State between five and fifteen years of age. 

Massachusetts has no reason to avoid comparison, either 
of the methods or results of her educational system, with 
the most favored States and countries. She has always 
exercised a notable liberality in support of schools of 
various grades, while the munificence of many citizens has 
made her name illustrious by their noble generosity to her 
higher institutions of learning. 

The methods of education for general culture, and the 
type of educational institutions, have long been substan- 
tially settled. The universities of the world are essentially 
alike in so far as they propose the one general aim of 
mental development and culture. The discipline employed, 
the subjects of study, and the methods practised, are not ,. ^ ^ 

materially diflerent. These will take care of what are 
termed the highly educated classes in every community. 



712 Governor's Address. 

It seems apparent, however, in snpporting any system of 
public instruction of universal application, and especially 
in our own Commonwealth, that apart from the high civil 
and social considerations already cited, and in addition to 
the mental development which all true education must 
give, it is important that more and more attention be 
given to the consideration of what part that system may 
be made to serve, in fitting young men and young women 
to properly enter upon the industrial career which choice 
or circumstances will naturally open before them. This 
consideration cannot fail to enforce the wisdom of the 
provisions recently made for instruction in drawing in the 
public schools, in the establishment of the Normal Art- 
School, and the public and corporate provision for indus- 
trial and technical education. If we wish to retain our 
population of native birth, and especially if we wish to 
sustain that great middle class of population, who are 
neither so rich as o be sordid, nor so poor as to become 
objects of charity, — who engage in the activities of life 
with enthusiasm, and whose loyalty is next in sacredness 
to their religion, — we must multiply their industries and 
increase the means and facilities for successful individual 
enterprise. Any State will lose, in the competitions of 
modern times, its relative rank in manufactures and techni- 
cal pursuits, unless through improved methods it can 
develop new industries, and introduce into those upon 
which it already relies a higher degree of intellectual dis- 
cipline and of sesthetic taste, and a higher degree also of 
manual skill. 

The success which has already attended the Normal Art- 
School, and the introduction of dificrent forms of industrial 
education, have been so beneficent and decisive, as to 
present their own argument in favor of the necessary pro- 
vision for their continuance and increase. 

In connection with the subject of education, I invite 
your attention to the need of — 

A NEW CATALOGUE FOR THE STATE LIBRARY. 

The last catalogue was printed nearh' twenty years ago 
(1858). Such has been the growth of the library within 
this period, that the last catalogue, with all practical 
supplements and interpolations, is entirely insufficient and 



Govern^oe's Addkess. 713 

inconvenient,' and of little use to those who visit the lil^raiy 
for consultation and reference. 

Annually, for three years past, the Legislature has made 
a small appropriation for extra assistance in preparing a 
manuscript copy for the printer. It is now completed 
and ready for the press, and the Legislature is respectfully 
asked to authorize its printing, and provide for the 
expense. 

THE MUSEUM OF COMPARATIVE ZOOLOGY, 

A corporation created hy an Act of the Legislature of 1869, 
was, at the last session of the General Court, authorized 
and empowered to convey all the property in its hands to 
the President and Fellows of Harvard College, the latter 
assuming all the trusts, and receiving all the powers 
imposed by the Act of incorporation upon the Trustees of 
the Museum. In pursuance of the Act of 1876, the cor- 
poration of the Museum has conveyed, and the President 
and Fellows of the college have accepted, all the property 
of the former upon the prescribed conditions ; and I here- 
with transmit a petition of the Trustees of the Museum 
that the corporation may bo dissolved. I also transmit 
the annual report of the Trustees of the Museum for the 
year 1876. 

HARBOR. 

The annual reports of the Harbor Commissioners show 
that the labors of that Board have steadily increased, 
partly because of the increase of our commerce in amount 
and variety, and partly because experience has brought 
the Board more and more into intimate relations with the 
interests it was designed to serve. It is encouraging to 
learn that during the past year the number of licenses 
issued by the Board for the construction of wharves, the 
excavation of docks, and other improvements solicited by 
private parties or corporations, has exceeded the average 
of previous j^ears, and fiills short only of those for each of 
the three preceding years. 

The completion of two very important improvements in 
Boston Harbor, has recently been announced by the United 
States Engineer, who executed them under appropriations 
by Congress. One of these is a widening of the main ship 
channel in the Lower Harbor ; and the other, the removal 

90 



714 Governor's Address. 

of what is known as the Upper Middle Bar, which 
obstructed the approach of heavy vessels to the city at 
low tide. In extension of the latter work, the Common- 
wealth, by the Harbor Commissioners, has nearly com- 
pleted the excavation of a channel from the deep water 
above the Upper Middle to the mouth of Fort Point Chan- 
nel, across what was previously a portion of South Boston 
Flats, nearly dry at lowest tides. By this channel ves- 
sels drawing twenty-three feet of water can be brought 
to the quay wall which incloses the lands reclaimed in part 
by the material removed from the bed of the harbor. It 
is confidently expected that the sale of these lands by the 
State will eventually more than pay the cost of the harbor 
improvement with which it is connected. To complete the 
work now under contract, an appropriation to the amount 
of the residue of the estimate will be necessary at the 
present session of the Legislature. 

The channel excavation undertaken by the General 
Government in the harbor of Plymouth, although incom- 
plete, has been thus far so successful that it may be 
confidently hoped the further appropriation required for 
its completion will be made by the present Congress. 

SOUTH BOSTON FLATS. 

The agents of the Commonwealth in charge of the flats 
have investigated the titles, the limits of the flats, and 
certain conflicting claims and rights involved therein, and 
have made survej^s and initiated the work of filling upon a 
plan which gives promise of economy and success. 

The appropriation of last year was not expected to cover 
more than the surveys and the compensation and expenses 
of the Board ; yet, in addition to these, by care in expend- 
iture, the agents, with the approval of the Executive, and 
without exceeding the appropriation, have built two lines 
of bulkhead for retainino- material dredijed from the harbor, 
and such material is now being placed there without other 
expense than the cost of the bulkheads. A moderate 
appropriation for extending this economical work, and for 
securing cheap filling from the harbor and from the city, 
and elsewhere, would doubtless be advantageous. Some- 
thing more than twenty acres have already been partially 
filled, and the bulkheads will retain the filling for a much 
larger area. Among the additional duties required by 



Governor's Address. 715 

statute of the agents was the preparation of a plan for the 
development and use of this territor3^ 

By previous legislation, a reserved channel had been 
provided for, the course and dimensions of which were 
exhibited upon a plan therein referred to ; and in the 
course of their investigations the agents have discovered 
that conflicting grants have been made to certain littoral 
proprietors, which allow them to extend wharves across 
the proposed channel. The opinion of the Attorney- 
General upon the matter involved in these grants, and 
which is embodied in the report of the agents, shows that 
additional legislation will be required, either to extinguish 
these grants or else to provide for a new channel in some 
other locality before the plan required of the agents can 
be completed. Still further legislation involving the 
settlement of corporate and private claims and rights will 
be presented in the report, to which I invite your attention. 

TROY AND GREENFIELD RAILROAD AND HOOSAC TUNNEL. 

It gives me the liveliest gratification to be able to state 
that the Troy and Greenfield Railroad and Hoosac Tunnel 
are substantially completed, and trains — both foi- passen- 
gers and freight — are running on the line without inter- 
ruption or delay. The single piece of rock-cutting still 
under contract will be completed in the ensuing spring ; 
and thereafter all that needs to be done can be accom- 
plished by the force employed to keep the road in repair, 
under direction of the Manager. 

This road, which is forty-four miles in length, including 
four and three-quarters miles in the Hoosac Tunnel, is 
built in the most substantial manner. It has now one 
track of steel rails, with eleven miles of side track; but 
the masonry is constructed for the reception of two tracks 
throughout the entire length of the road, should business 
in the future require them. 

With the exception of a few yards of rock-cutting in 
West Deerfield, the work of extension into Greenfield is 
completed ; and a temporary connection was formed on 
the 14th of December which enables the trains of the 
Troy and Greenfield Railroad to cross the tracks of the 
Connecticut River road to a further connection with the 
Fitchburg Railroad Line, thus making a through route to 
Boston. 



716 Governor's Address. 

Some change in chapter 150 of the Acts of 1876 may be 
deemed advisable to accomplish what seems necessary to 
be done to make a suitable permanent crossing and station 
at Greenfield. A new engine-house has been built at 
North Adams, and substantial iron turn-tables at North 
Adams and at Greenfield ; new station and freight houses 
have been built, or the old buildings repaired, between 
Greenfield and the Hoosac Tunnel ; and at suitable dis- 
tances, water-tanks, tank-houses, and apparatus for water- 
supply have been established. 

In March last, owing to financial embarrassments, Mr. 
N. C. Munson, who held contracts with the State for 
building that portion of the road lying between Green- 
field and West Deerfield Station, was obliged to suspend 
operations on his own account : and his sureties, Messrs. 
Franklin Haven and Benjamin E. Bates, signified their 
willingness to continue the work to completion upon the 
same terms and conditions as those in the contracts with 
Mr. Munson. This arrangement was assented to by the 
Governor and Council, and since that date the work has 
been satisfactorily prosecuted by the new contractors. 
The work upon the forfeited contract of Mr. Munson, 
between Bardwell's Ferry and Charlemont, has been com- 
pleted by the manager of the road. 

Previous to the surrender of the management of the 
Troy and Greenfield Railroad and Hoosac Tunnel to the 
Governor and Council, on the first of July, 1875, by the 
corporators appointed under chapter 403 of the Acts of 
1874, — who had previously had them in charge, — esti- 
mates had been made of the amount necessary to complete 
the construction and repair of the road between Bardwell's 
Ferry and the Vermont State Line ; and upon these esti- 
mates an appropriation of $1,500,000 for the work was 
made. It was estimated by the corporators, when they 
surrendered the work, that not less than $200,000, re- 
maining from this appropriation, could be applied to the 
construction of the road between Bardwell's Forry and 
Greenfield ; and this amount was so relied upon from that 
source by the Governor and Council upon assuming charge 
of the enterprise. This estimate afterward proved to be 
erroneous, and the whole of the $200,000 was rocjuircd to 
complete the work for which it was originally appropri- 
ated, and $50,000 additional ; so that the amount available 
to the Governor and Council was in fact $250,000 below 



Governor's Address. 717 

the estimate for this purpose. The Governor and Council 
have endeavored to conform strictly to the law and to the 
contracts made by their predecessors or transmitted to 
them l)y the corporators, in the conduct of the work upon 
the road and upon the tunnel ; and, considering the mag- 
nitude and variety of the work to be performed, the orig- 
inal estimates, with the exception of the error respecting 
the surplus here alluded to, and the extraordinary cost of 
a deep cut and bridge at Bardwell's Ferry, appear to have 
been remarkably accurate. In consequence of this error, 
however, the appropriations were exhausted before the 
work under the contract with Messrs. Haven and Bates, 
and for the rock-cut at Deerfield with Messrs. McCIallan, 
were completed ; and suspension for a time appeared to 
be inevitable. The work upon the rock-cut was tempo- 
rarily suspended by mutual consent of parties. On the 
30th of September, Messrs. Haven and Bates, and subse- 
quently Messrs. McCIallan, expressed willingness to pro- 
ceed with the work under their respective contracts at 
their own risk of payment from future appropriation to 
be made by the Legislature, provided such continuance 
met the approval of the Governor and Council. It became 
evident, upon a careful examination of the matter, that, 
unless the contractors should so continue, trusting to the 
requisite appropriation to be made hereafter, the work 
upon the extension into Greenfield must stop, thereby 
delaying the completion of the contracts until next spring, 
or later, and requiring the maintenance of both the old 
and the new lines from West Deerfield, with additions to 
the ultimate cost. The Governor and Council approved, 
so far as they had authority to do so, the continuance of 
the work ; and I recommend that, a sum be appropriated 
sufficient to pay the amount duo these contractors, and 
such further sum as shall be found necessary to finally 
finish the road and the tunnel. It is impossible to state 
the amount of the appropriation required for this purpose 
until the accounts are made up ; but it will probably not 
much exceed one-half the amount of the error in the esti- 
mate of the corporators above referred to. 

Fifty-five thousand and forty-seven dollars, received for 
tolls, have been paid into the treasury of the Common- 
wealth. 

"W^ork under the contracts of B. N. Farreu, Esq., for 
arching in the Hoosac Tunnel, was completed on the 30th 



718 Governor's Address. 

of June last. The engineer in charge reported the arch- 
ing to be of "excellent quality," which opinion was con- 
firmed by experts employed to examine it, who also 
reported that " the bricks are laid in a thorough and work- 
manlike manner." 

The total length of the Hoosac Tunnel is 25,081 lineal 
feet ; the total number of brick laid under the Farreu 
contracts was 14,562,000 ; and in all, there have been 
used in arching the tunnel about 20,000,000 brick. 

It is the opinion of the Manager and chief engineer that 
the erection of a fagade at the east portal is a necessity for 
the protection of the surface-rock from the effect of cli- 
matic changes; and, under their direction, timber shields 
have been erected in the central shaft of the tunnel as a 
protection against the fall of rock which from any cause 
might become detached from the sides of the shaft. 

The experience of the past year demonstrates that not 
the slightest difficulty arises from want of ventilation in 
the Hoosac Tunnel, and thus a question which has caused 
much theoretic discussion and solicitude in the past is for 
the present disposed of. 

Excepting the erection of the fac^ade at the east portal, 
what remains to be done to complete the Hoosac Tunnel 
can be most economically accomplished by the force em- 
ployed under the direction of the Manager, and at a small 
cost. 

An examination of the early history of this great enter- 
prise will show that it originated in a public desire to 
bring the seaports and manufacturing centres of Massa- 
chusetts into closer commercial relations, by increased 
facilities of communication, with the Central States of the 
continent, and with the great natural highways which the 
Lakes afford. The first step in this direction appeared to 
its projectors to be to tunnel the Hoosac Mountain barrier ; 
and during a quarter of a century past, amid alternations 
of hope and distrust, and amid much conflict of opinion, 
the sums required to carry on the work have been suc- 
cessively appropi i;ited, and the people have thus uniformly 
sanctioned the work. It is also a remarkable fact that, 
with a seeming increase of faith under magnified difficul- 
ties, the largest appropriations were made during the 
late War of the Rebellion and just subsequent thereto, 
when the resources of our people were strained to the 
utmost. 



Govekn^or's Address. 719 

The wisdom of this great undertaking need not now be 
made the subject of discussion ; and if it were, it is quite 
likely that its advocates and opponents would appear in 
controversy, though perhaps the latter would be in dimin- 
ished numbers. The enterprise has been completed ; and 
a work of such magnitude, constructed at a cost of nearly 
seventeen millions of dollars from the treasury of the 
Commonwealth, and sanctioned by successive Legislatures 
during the period of a whole generation, involves a prop- 
erty and trust not to be lightly esteemed nor jeopardized 
through ill-advised legislation. 

The methods of its future use and management still 
remain unsettled ; and this subject deserves the most care- 
ful consideration, and the benefit of the largest experience, 
that can be brought to bear upon it. 

The corporators created under the Act of 1874 were, 
among other duties therein prescribed, directed to give 
such information, and to oifer such suggestions and recom- 
mendations in regard to the management, development or 
disposition to be made of the railroad and tunnel, as they 
might deem expedient, and for the interest of the Com- 
monwealth. This branch of their report bears so fully 
and directly upon the question which comes immediately 
under deliberation by the completion of the work, that I 
recommend its suggestions to your careful perusal and 
consideration. 

The corporators say, after discussing diiferent methods 
of organization for the management of the tunnel : "Unless 
our investigations have resulted in wholly erroneous con- 
clusions, the practical end to be kept in view is an organi- 
zation under one viororous management of a through rail- 
road line between Eastern Massachusetts and the interior 
of the continent. In effecting this, the State should be 
involved in the least possible future outlay, and the 
earliest practicable separation between its finances and 
those of the corporation should be effected." The corpo- 
rators favor a mixed ownership and management, under 
which the properties of the State would be consolidated 
with those of the private companies, and the whole to be 
managed by a board of directors representing the State 
and the other constituencies, with proper provisions to 
secure an equitable use of the tunnel by other connecting 
roads. They say that "to justify the construction of the 
tunnel, it is necessary that a very extensive traffic should 



720 Go\tebnor's Address. 

be carried on through it, at very low rates. 
Now, if there be one principle more clearly established 
than any other, as a result of all railroad experience, it is 
that disconnected corporations, under loose and feeble 
management, and with insufficient capital and equipment, 
can neither deal successfully with connecting, nor strug- 
gle successfully against competing roads. So, also, as 
regards railroad business, it is only Avhen it is done on the 
most extensive scale that it can be done on the most 
favorable terms ; that it may be done economically, the 
volume of business must be the largest possible, and the 
machinery for handling it the most perfect possible." 

The tunnel line, by existing legislation, is under the 
control of the Governor and Council, w'ho employ a man- 
ager and subordinates, but in reality they operate the line. 
Such management is not in accordance either Avith the best 
interests of the property nor with the proper functions of 
the Executive Department of the Government. In my 
address to the Legislature of 1876, I said : "The idea of 
perpetual management by the Executive Department of 
the State, with its liability to further outlays to an unlim- 
ited extent, and to business complications more intricate 
than any which have arisen in the progress of construction, 
must, I think, enforce the etfort to consolidate all the 
interests on this new route, or so many of them as may 
be prepared to enter into equitable arrangements for con- 
solidation, in such manner and upon such basis as may 
hereafter be mutually agreed upon under legislative 
sanction." 

Nothing has since transpired to materially alter the con- 
clusions of the corporators, nor to modify my own impres- 
sions of the necessity for unity of interest and of admin- 
istration in the tunnel route ; but, on the contrary, much 
to contirm them both. 

The precise manner in which consolidation shall be 
eflected, and how the tunnel line shall be utilized in the 
immediate future, are subjects full of embarrassment, and 
the delineation of a specific plan from any one stand- 
point is well-nigh impossible. It seems, however, to be 
generally agreed, that it will be unwise for the State at 
present, if ever, to part with its control. AVhile there 
are some who are so liopel'ul as to anticii)ate the ultimate 
recovery of the money invested in the enterprise, it will 
probably be wiser to regard the tunnel route in the light 



Governor's Address. 721 

of its commercial value, — as a means of increasing busi- 
ness and cheapening food and fuel to all classes of our 
people ; and doubtless this view would also be the surest 
way to that increase of business which might ultimately 
bring direct returns upon the investment. A survey of 
the available sources of business to the tunnel route indi- 
cates that there need be no jealousy, on the one hand, from 
existing lines ; and, on the other hand, no apprehension 
of scarcity of business when there is remunerative trans- 
portation upon trunk lines anywhere. This route will 
offer some important advantages, in shortness of distance 
and ease of grades, to great trunk lines westward, already 
projected and certain to be constructed, and to existing 
lines which stretch into the heart of the continent, but 
which now reach the towns and seaports of Massachusetts 
only indirectly and with very limited results. It would 
seem to be within reasonable anticipation that a volume of 
new business may eventually be attracted over the tunnel 
line equal to that at present done over the Boston and 
Albany Railroad, and without imposing upon the latter 
any appreciable competition. The advantages of this 
route cannot remain long unappreciated ; and while the 
State should hold itself in readiness to secure to its own 
and its people's advantage all that may offer to a liberal 
and comprehensive policy, it need not sacrifice the future 
by any hasty compromise to its disadvantage ; much less 
should it make any timorous yielding to temporary diffi- 
culties or embarrassments. To strong connections, the 
line offers great and peculiar advantages ; and I have 
reason to believe that overtures may soon be made which 
will indicate a solution of the problem of its future utili- 
zation. Should such expectation fail, I think it will be 
expedient to modify the present mode of operating the 
line by the State. The present law only empowers the 
Governor and Council to impose rates of toll for the use 
of the road, while any connecting roads are authorized to 
run over its track. Security to the property, safety to 
trains, and certainty of transportation, together with 
proper care and supervision of the line, may rentier it 
expedient that the State should own its equipment, at 
least of motive-power. I should regret the resort to that 
alternative ; but your investigation of the subject may 
lead to the conclusion that it is expedient or necessary. 
In the absence of any legislation for the permanent dispo- 

91 



722 Governor's Addeess. 

sition of the Troy and Greenfield Railroad and Hoosac 
Tunnel, I would ask your consideration of the relief of 
the Executive Department of its charge by the appoint- 
ment of a Commission, whose members should hold vary- 
ing periods of service, and be vested with powers similar 
to those of directors of railroad corporations, but limited 
by such special restrictions as the General Court may see 
fit to impose. 

For statistics of the business of the. line, and for much 
other valuable information bearing upon the practical 
questions to be determined in the investigation to which 
your attention is invited, I refer you to the annual report of 
the jNIanager, which may be expected early in the present 
month. 

RAILROADS. 

For the first time, it is believed, since the construction 
of the railroad system of the State was begun, nearly 
half a century ago, the building of railroads in Massa- 
chusetts practically ceased during the last year. A few 
miles of additional or connecting tracks were built by old 
corporations, but no new enterprise was inaugurated. 
Since the financial panic of 1873, the decrease in this 
respect has been marked and regular. During that year, 
no less than one hundred and thirty miles of road were 
built, and a much larger amount was in course of con- 
struction ; the next year the number fell ofl' to forty-one ; 
in 1875 it w^as but thirty-three, and in 1876 it was practi- 
cally nothing. In view of the too rapid railroad con- 
struction of former years, this cannot be regarded as a 
misfortune, as it apparently put a stop only to unprofitable 
investment of capital. Massachusetts is, indeed, now 
better supplied with railroad facilities than any other 
State of the Union, and than most districts of equal size 
in Europe. Belgium, for example, has a mile of railroad 
to every 5.1 square miles of territory, and to each 2,250 
of its inhabitants; while in ^Massachusetts there is a mile 
of railroad to every 4.28 square miles of territory, and to 
each you of the population. 

The railroad system of the State now includes 1,837 
miles of track within its limits, and represents a total 
permanent investment of $110,000,000, exclusive of the 
cost of the lloosac Tunnel. On this SNStem, during the 
last year, a net income was reported of only 5.G per cent., 



Goveenoe's Address. 723 

showing that the capital invested in raih'oads, at present at 
least, is not unduly profitable. During the past year, the 
total earnings of the system fell off 4.85 percent, from those 
of 1875, and over 11 per cent, from those of 1873. While, 
however, the gross income of the corporations fell off in 
1876 over $1,500,000 from that of 1875, the greater econ- 
omy exercised reduced the loss of net income to $100,000. 
As compared with 1873, the railroads of Massachusetts, in 
1876, moved nearly thirteen million more tons of freight 
one mile, and received $3,283,315.54 less for doing it. 

Under authority of an Act of the last Legislature, the 
Board of Railroad Commissioners has prepared a system 
under which the accounts of all the railroad corporations 
of the State are hereafter to be kept on a uniform plan 
and under the same general rules. This much-needed 
reform went into effect on the lirst of October last ; and 
it is intended "that the books of these corporations shall in 
future be practically kept under public supervision. An 
effort has also been made to secure the adoption of the 
same system of accounts and returns in all the States 
adjoining Massachusetts, but with what result remains to 
be seen. The Commissioners of these States, except 
Rhode Island, have agreed upon the system, and have 
united in recommending its adoption by their various 
Legislatures. There is certainly no general measure of 
reform relating to the railroads of the country now under 
discussion, of equal importance with this ; and the adop- 
tion of a common system of accounts would go very far 
towards preventing the recurrence of many scandals and 
abuses connected with the railroad development of the 
last few years. 

MILITIA. 

In making the appointments of the military staff at 
the beginning of the year, the office of Inspector-Gen- 
eral was divided from that of Adjutant- General, and a 
separate incumbent was appointed. The earliest duty 
devolved upon the Inspector-General was a thorough 
inspection of the Adjutant and Qnarter-Master-General's 
department, and a carL'fuI examination of the state arsenal 
and camp-ground. Various changes, looking to a better 
system of keeping the accounts, and enforcing upon 
militia officers a stricter responsibility for the state prop- 
erty intrusted to their care, were immediately instituted, 



724 Goveenor's Address. 

and have resulted in great benefit to the service, both in 
respect to economy and discipline. 

The most important matter of the year connected with 
the militia has been the Act of the Legislature, approved 
April 28, requiring an inspection and reduction of the 
volunteer force. As the reduction was to be consequent 
upon the inspection, and to be completed within a specified 
time, necessary steps were immediately taken b}'^ the 
Inspector-General to perform the work required of him. 
Ten additional assistant inspectors-general were appointed 
to facilitate the inspection and to commence it simul- 
taneously in different parts of the State. Printed forms 
for the statistics required were prepared for use of the 
several inspectors, and the work was performed with a 
single regard to the welfare of the service and with entire 
impartiality among the officers and men of the militia. 

Upon receipt of the report of the Inspector-Gen- 
eral, orders were issued in conformity to the statute, on 
the 6th of July last, disbanding the thirty companies 
found lowest in discipline by the inspection. The public 
property in use by these companies has been returned to 
the state arsenal at South Framingham. General orders 
were issued on the 14th of July for reorganizing the 
remaining companies into battalions, regiments, and bri- 
gades. As the statute reduced the number of companies 
to eight in each regiment, and Dermitted battalions of two 
or more companies, it was found advisable, having proper 
regard to the location of companies, the uniforms in their 
possession which had been recently issued, and to some 
other particulars, to organize the force as follows : — 

Infantry. — Four regiments (fifth, sixth, eighth, and 
tenth), of eight companies each; three battalions (first, 
second and ninth), of six companies each; two battalions 
(third and fourth), of four companies each; and one 
battalion (seventh), of two companies; making a total 
of ten organizations, numbered consecutively from one to 
ten, and composed of sixty companies. 

Cavalry. — One battalion (first), of two companies and 
one unattached comi)any (F) ; a total of three comi)anies. 

Artillery. — One battalion (first), of two companies and 
one unattached company (A) ; a total of three companies : 
Making a grand total of fourteen organizations of sixty- 
six companies of all arms ; which were formed into two 
brigades very nearly equal in rank and in number of 



GtOveenor's Addeess. 725 

officers and men. Besides these two brigades, there are 
two unattached corps of cadets. 

In consequence of the reduction of the force, the com- 
missions of general and field officers, to the number of 
one, hundred and forty-three, expired April 28. Of this 
number, forty-nine have reentered the service. The 
roster and muster rolls contain the names of three hundred 
and fifty commissioned officers and three thousand four 
hundred and twelve enlisted men. The enrolled militia 
for this year numbers two hundred and sixteen thousand 
one hundred and nine men (216,109), as against two 
hundred and seventeen thousand four hundred and ninety- 
five (217,495) last year, showing a decrease of thirteen 
hundred and eighty-six (1,386). 

By reference to the statement of appropriations and 
expenditures in the report of the Adjutant-General, for 
the military department, it will be observed that there has 
been a net saving within the amount of the appropriations 
of about twenty-six thousand dollars. And the exhibit 
further shows that, with the single exception of " extraor- 
dinary expense " (the deficiency in which is caused by the 
completion of the fence about the camp-ground under a 
contract of 1875), there has been a saving made under 
each separate item of appropriation. 

The expenditures under control of the Adjutant-Gen- 
eral's department, in 1875, amounted to $259,909.07, and 
the corresponding expenditures, in 1876, amounted to 
$127,480.76, showing a decrease of $132,428.31, or about 
fifty-one per cgnt. A similar comparison of the expendi- 
tures of the whole military department shows $363,630.90 
in 1875, and $165,718.08 in 1876,— making a total de- 
crease in the military expenses of $197,912.82, or about 
fifty-four and a half per cent. 

Based upon the regular expenses and the number of 
men borne upon the roster and muster rolls in December 
of each year, the cost per capita shows a reduction in 1876 
of about fourteen and a half per cent. 

The military property of the State in use by the troops 
is generally in good condition. Breech-loading arms are 
in use by all the infantry organizations except the Second 
Battalion, and this command will be supplied .when the 
Peabody rifles turned in by the disbanded companies are 
put in proper order for re-issue. The camp-equipage is 
badly worn, and many of the tents are in such condition 



726 Goveenor's Address. 

• as not to warmnt expeDditure for their repair. It will 

therefore be necessary to make some new purchases. 

No proper provision has been made at the state camp- 
ground for the storage of ammunition, and a magazine for 
this purpose should be immediately provided. Powder 
for artillery and cartridges for small arms are now stored 
in the arsenal, without adequate protection to the public 
property on the premises, and to the peril of the family 
of the arsenal keeper and of other employes. A suitable 
structure for the purpose here indicated could probably be 
erected at a cost of about one thousand dollars. 

The attendance of officers and men upon the tours of 
duty has been : at inspection, 4,572 ; at camp, 3,387. 

At the close of the year 1875, there were upon the rolls 
6,547 officers and men, and there are now 3,762, making 
a reduction of forty-two and one-half per cent., and the 
maximum allowed by law is 4,134. 

The militia is in a condition of efficiency and good dis- 
cipline. The officers are men of intelligence and military 
tastes and inclinations, and the bearing of the men is in 
every respect creditable to themselves and to the State at 
large. 

I have recently detailed a commission of five officers, 
representing different branches of the militia and the mili- 
tary staff, to prepare a Code of Regulations, similar to the 
United States army regulations, and covering the many 
points now involved in more or less doubt; and which 
shall also contain full instructions in relation to keeping 
military records, the preparatitm of rep^orts and other 
military papers, rules of military etiquette, forms and 
ceremonies, explanations of the law of liability for duty, 
and other matters appertaining to the complete adminis- 
tration of the militia service. 

The First Corps of Cadets and Com])any A, First Bat- 
talion Cavalry, visited Philadelphia, May 8 to 13, as 
escort to the Governor of the State, on the occasion of 
the opening of the Centennial Exhibition, and their excel- 
lent appearance elicited the highest commendation from 
critical observers. 

The report of the Surgeon-General exhibits in detail 
the sanitary condition of the militia, and the varied and 
intricate duties which now devolve upon his department ; 
and that of the Inspector-General exhibits the details of 
inspection and reorganization, with much other matter of 



GrovEKNOR^s Addrbss. 727 

great practical value. I commend both of these docu- 
raeiits to your careful perusal. 

CENTENNIAL. 

The great International Exhibition of the arts and in- 
dustries of the world, held at Philadelphia between May 
and November of last year, will be memorable for the 
grandeur of its plans and for its uncommon success. To 
Americans it had the additional interest of being the 
chosen, and appropriate method of celebrating the One 
Hundredth Anniversary of the founding of the National 
Union. An appropriation of fifty thousand dollars was 
placed at the disposal of the Governor and Council by the 
Legislature of 1875, for the purpose of securing at this 
Exhibition "a due representation of the different arts, 
industries and institutions of this Commonwealth " ; and 
on the 10th of September, of that year, an agent and two 
assistants appointed by the Governor and Council, entered 
vigorously upon carrying into execution the purpose of the 
Resolve. The duties especially undertaken by them were 
the preparation of such exhibits as would best represent 
the public institutions and interests of the Commonwealth 
in matters relating to education and science, agriculture, 
shipping, to the public charities, hospitals, asylums, and 
prisons, and to modes of administration of the public 
offices and departments of the State. In addition to 
these duties, the agents instituted an extensive corre- 
spondence, and held interviews with exhibitors, and dis- 
seminated information and advice concerning the prepara- 
tion of their respective exhibits ; in many instances they 
also secured space in the exhibition buildings, and coop- 
erated generally to the end that all the representations 
from the State should be set forth to the best advantage. 
These efforts, in connection with those of the United 
States Centennial Commissioners for Massachusetts, se- 
cured a full representation of the extensive and manifold 
industries carried on in all parts of the State, and aroused 
an interest in the Exhibition which was manifested by the 
attendance of tens of thousands of visitors, who were 
both instructed and delighted by the marvellous display 
of the world's aggregate of ingenuity and skill. 

The Massachusetts "State Building," to which almost 
universal resort was had by visitors, not only from this 



728 Governor's Address. 

State but by multitudes from all parts of the world, was 
erected and maintained by private liberality, and mainly 
through the enterprise and energy of a merchant of Bos- 
ton, who in this, and in other ways, contributed largely to 
the entertainment and comfort of visitors. In consider- 
ation of the public use to which this building has been 
devoted, and the great convenience and gratification which 
that use has afforded all classes of visitors, the Governor 
and Council thought it proper to recognize the efforts of 
its manager by an appropriation which should relieve him 
of the deficit in its cost and expenses, above the amount 
of the private contributions for that purpose. This deficit 
I am now informed will amount to about eight thousand 
dollars, and cannot be covered by the appropriation of 
1875. Should the Legislature, therefore, concur with the 
Governor and Council in the justice of this reimburse- 
ment, an appropriation for this purpose will be necessary. 

In a period like the present, the importance of such an 
Exhibition can scarcely be overestimated ; and especially 
to a people who, like our own, must ever d-epend largely 
upon techiiical and mechanical industry for their support. 
Unlike some of our sister States, we have no large depos- 
its of mineral wealth, and no fertile and wide-spreading 
acres under a climate especially inviting to the pursuit of 
agriculture, and promising employment and profit to great 
numbers of population. In the distributions of labor, 
therefore, we must depend more upon the development 
of commerce and manufactures, and upon the culture and 
practice of the industrial arts, than upon the gifts and 
endowments of nature. The wonderful discoveries of 
science, and the utilization of their results in the indus- 
trial arts, are the consj)icu()Us characteristic of the present 
century ; and the Centennial Exhibition demonstrated 
how marvellous has been the recent progress of invention 
in all the material appliances which contribute to the 
wealth, comfort, convenience, and social elevation of 
mankind. 

Never before had the people of different nations met 
together under auspices so thoroughly free from local and 
national jealousies, and so favorable to freedom of inter- 
course, and for an unl)iassed comparison by social and 
material standards. Perhaps no result of the Exhibition 
was more remarkable than the mutual surprise at the 
substantial equality of the different communities and nations 



Goveenor's Address. 729 

in the products of invention and skill. If Americans be 
compelled to yield precedence to some of the older nations 
in the beauty and perfection of objects of taste and luxury 
in the department of Fine Arts, they were found to be 
fully equal, if not in advance of them, both in means and 
processes of manufacture in the products of mechanical 
industry. The great fact is now more than ever before 
realized, that the industrial arts have been substantially 
new-born within the last half century ; and that the advan- 
tages which have hitherto been conceded to older nations 
in longer practice, and to hereditary or transmitted skill, 
have ceased to be so important factors among the elements 
of international and industrial competition. Literally may 
it be assumed in this particular, that old things have passed 
away, and all things have become new. It must, there- 
fore, henceforth be assumed, that so far as technical 
industries are concerned, the world has no older com- 
petitors than ourselves ; and there remain to other nations 
but small advantages for us to overcome in methods of 
production. The remaining questions to be solved in the 
way of our supreme industrial success are rather those of 
economy in cost, and of facilities for foreign transport. 

The higher cost of the capital invested in the plant and 
in the transaction of any business in this country, as com- 
pared with others, is becoming equalized as wealth accu- 
mulates and the great enterprises of public improvement 
are more and more completed. The cheapening of fuel, 
and the constantly increasing power of engines, are reduc- 
ing the cost of motive-power, and rendering the establish- 
ment of many industries practicable in places where there 
is no large water-power nor other simply natural forces. 
Other nations who are competitors with us in manufactures, 
have apparently approached the limit of their economical 
resources, and have few, and some of them no new ones, 
that are available to meet the pressure of new competitions ; 
while this country has scarcely begun to utilize, much less 
to exhaust, the resources which nature has so lavishly 
bestowed in whatever grows upon the soil or is deposited 
beneath it. As these reserves are more and more brought 
into use, they must give to this country the economic 
advantage in cost of production, and, sooner or later, a 
large share of the markets of the world for the leading 
products, not only of our soil, but of technical industry 
also. Indeed, there are unmistakable evidences, both in 
92 



730 Goveknor's Address. 

the recent Exhibition and in the increasing ability of our 
manufacturers and artisans to compete successfully with 
other countries in their own markets, that the time is 
rapidly approaching when America will be as large an 
exporter of the products of her mills and shops as she 
already is of food and the materials for textile fabrics. 
The climate and other natural advantages of our own State 
are especially fiivorable to manufacturing and technical 
pursuits ; and the tastes, genius and interests of our people 
incline strongly to the same direction. Our legislation 
should not be regardless of these peculiar features of our 
industrial opportunities and necessities. 

But while the representations just made of the industry 
and skill and general intelligence of our citizens show 
largely the basis of our prosperity, and their uniform 
excellence indicates a gratifying result in comparisons of 
progress, still it would be fatal to suppose that we have 
much more than made a good beginning in that grander 
career which the future is sure to open before us, and the 
demands of which are already forcibly presented. We 
must not only multiply the varieties of our pursuits, but we 
must seek to perfect the quality of our fabrics ; and as we 
make provision for educating every child in the State, we 
ought also to reap the economic advantage which may be 
derived from trained intelligence and skilled labor as 
contrasted with ignorance, in all I)ranches of industry. 

With the greatly diminished cost of iron, and the 
abundance of available timber, the country ought also to 
immediately restore its commercial tonnage, and recover 
its just participation in the carrying trade of the world. 
The products of American industry could be largely 
carried in American ships; especially do we need to be 
relieved from the reproach of having our American diplo- 
matists and mails carried only under foreign tlags ; and 
Massachusetts must not forego her just part in elForts to 
this end, until our national ensign floats freely again among 
the shipping of all the leading commercial ports of the 
world. 

Senators and Representatives: 

I would, if possible, impress your minds with a new 
sense of the grandeur of our country, and of the })riceless 
heritage of a Commonwealth Avhich has infused its prin- 
ciples, its laws, and its enterprise so largely into American 



Governor's Address. 731 

civilization. I would appeal to your highest intelligence 
and manliest fidelity in discharging the duties and obliga- 
tions which you now assume on its behalf. I would 
summon from the sleeping past the spirits of the sainted 
and immortal patriots who trod this soil and breathed this 
atmosphere in other days, and make them living teachers 
again by precept and example. In these hours of public 
anxiety, I would inspire your faith in God, and your 
loyalty to liberty, to justice, and to humanity. Sur- 
rounded on every hand by memorials of heroic valor and 
martial sacrifice, let us remember that if it be brave and 
decorous to die for one's State, or one's country, it is 
equally noble to live for its service, and in the days of 
peril to bury beneath its altars our partisan strifes and 
personal ambitions. The real greatness of a State consists 
not in the extent of its territory, not in the fertility of its 
soil, not in the richness of its deposits, but in the nobility 
of its institutions, the justice of its laws, and the virtues 
of its people. 

I adjure you so to discharge the duties of legislation 
that your work shall remain unchallenged by history, and 
unregretted by posterity ; that you so strengthen the 
power of the Commonwealth that it shall continue to be, 
what it always has been, — one of the firmest pillars of the 
Republic ; and that, together, they shall survive the vicissi- 
tudes and conflicts of time, and go on amid the plaudits of 
succeeding generations, in their endless career of increasing 
greatness and renown. 



732 Special Messages. 



SPECIAL MESSAGES. 



THE FOLLOWIXG SPECIAL COMMUNICATION'S WERE MADE BY HIS 

EXCELLENCY THE GOVERNOR, TO THE LEGISLATURE, 

DURING THE ANNUAL SESSION. 

[To the House of Representatives, January 9.] 

' I have the honor herewith to transmit, for the informa- 
tion and use of the General Court, the annual reports for 
the year 1876, of the Surgeon-General of the Common- 
wealth ; the Commissioners of Inland Fisheries ; the Chief 
Detective of the Commonwealth ; and the Report of the 
Commission appointed under the provisions of chapter 43 
of the Resolves of the year 1876, to inquire into the expe- 
diency of revising the judicial system of the Common- 
wealth. 

I also transmit a communication addressed to me by His 
Excellency the Governor of the State of Vermont, enclos- 
ing a copy of an Act passed by the Legislature of that 
State. 

[To the Senate, January 23.] 

I have the honoi: herewith to transmit, for the informa- 
tion and use of the General Court, the Annual Report for 
the year 1876, of the Agents of the Commonwealth for the 
Commonwealth Flats at South Boston. 

I also transmit the Report, for the year 1876, of the 
Inspector-General of the Commonwealth. 

[To the Senate, January 30.] 

I have the honor herewith to transmit for the use and 
information of the General Court, the Sixth Annual Report 
of the Commissioners of Prisons. 



Special Messages. 733 

[To the Senate, January 31.] 

In compliance with the provisions of chapter 50 of the 
Resolves of the year 18(iO, 1 have the honor herewith to lay- 
before the General Court a report of the pardons issued by 
the Governor and Council during the year 1876. 

Of the sixty-four convicts thus set at liberty, twenty- 
one were in the state prison ; thirty-live in houses of cor- 
rection ; four in jails ; and four in the house of industry. 
In nineteen cases sickness was the controlling reason for 
granting the pardon, and in six of these cases it has been 
ascertained that death took place shortly after release. 

No. 1. John Farrell. Convicted of assault on two 
indictments : Superior Court, Worcester County, May 21, 
1874. Sentenced to two years in the house of correction. 
Pardon granted January 21, 1876, on the recommendation 
of the District Attorney and the officers of the house of 
correction, because his health was greatly impaired and his 
mind seriously affected by injuries to his head received 
during imprisonment. 

No. 2. Dennis Green. Convicted of rape : Superior 
Court, Bristol County, December 15, 1870. Sentenced 
to the state prison for life. Pardon granted February 4, 
1876, on the petition of Mayor Davenport, Judge Blais- 
dell, City Marshall Wright, John S. Bray ton, S. Angier 
Chace, R. T. Davis, Chas. P. Stickne}^ Geo. O. Fair- 
banks, and other citizens of Fall liiver. Satisfactory 
evidence was presented to the Council that the prisoner 
was not conscious of having committed the crime of which 
he was convicted. The District Attorney certified that he 
had already served as long a time as he would have been 
sentenced if at that time the court had had any discretion 
in such cases. 

No. 3. James F. Barrows. Convicted of larceny in 
a building : First District Court of Southern Worcester, 
May 10, 1875. Sentenced to the house of correction for 
one year. Pardon granted February 10, 1876, on the 
jDctition of Justice Clark Jillson and Sheriff Sprague, 
because (1) of his prompt and heroic defence of a turn- 
key who w^as violently assaulted while in the discharge of 
his duty ; (2) the good eflect of his pardon upon the dis- 
cipline of the prison; (3) his uniformly good conduct 
during imprisonment. 

No. 4. Mary French. Convicted of assault and 
battery : Superior Court, Suffolk County, January term, 



734 Special Messages. 

1876. Sentenced to pay a fine and costs, amounting 
altogether to $44.70, and in default thereof committed to 
the house of industry. Pardon granted February 10, 
1876, on the petition of M. J. Croak and Patrick Barry. 
The convict had an infant child in prison with her and 
two young children at home requiring her care. Her 
husband was a poor man out of employment, and unable 
to pay the fine. She had always before been regarded 
as a peaceable women. 

No. 5. John J. IVIalone. Convicted of larceny 
before Edward J. Jones, Esq., Trial Justice of Juvenile 
Offenders for Sufiblk County, December 17, 1875. Sen- 
tenced to four months in the house of industry. Pardon 
granted February 17, 1876, on the petition of Kev. 
W. A. Blenkinsop, Geo. A. Doane, N. B. Freeman, 
A. H. Grovenor and others, with the recommendation of 
the justice who sentenced him, because he was convinced 
from evidence discovered since the trial that the sentence 
was unduly severe and that his term of imprisonment 
should be abridged. 

No. 6. John Le4.ry. Convicted of breaking and 
entering : Superior Court, Sufiblk County, September 
13, 1875. Sentenced to two years in the house of cor- 
rection. Pardon granted March 11, 1876. The prison 
physician certified that the prisoner was very sick Avith 
consumption and could not live many days. He was 
received by friends who would give him proper care. 
He died within a few days after his release. 

No. 7. James Murphy. Convicted of larceny : Supe- 
rior Court, Hampden County, December term, 1875. 
Sentenced to the house of correction for six months. 
Pardon granted March 16, 1876, on the petition of Judge 
James H. Morton, Slieritf Bradley, Rev. "William Kice, 
Robert O. Morris, Geo. M, Stearns, Wm. S. Sliurtlefi", 
S. B. Sj[)ooner, and other citizens of Spruigfield, because 
satisfactory evidence was presented to the Council that he 
was very sick with consumption and would prol)ably die 
before the exi)iration of his sentence. His family, living 
in the State of New York, would care for him while he 
lived. He died within four weeks from his release. 

No. 8. Emery F. Hunting. Convicted of man- 
slaughter : Superior Court, Norfolk County, December 
15, 1875. Sentenced to the house of correction for three 
years. Pardon granted March 2'2, to take efiect June 15, 



Special Messages. 735 

1876, on the petition of the selectmen and one hundred 
and fifty others, citizens of Needham ; the selectmen and 
seventy others, citizens of Natick ; the selectmen and 
forty-two others, citizens of Dover; seventy-five citizens 
of Newton, and fifty-four citizens of Holliston. The 
crime was not intentional, but was committed through 
carelessness by the prisoner, who was a police otficer, 
while in the discharge, as he thought, of his duty. No 
public interest would have been subserved by his longer 
imprisonment. 

No. 9. Daniel P. Cheney. Convicted of assault 
upon an officer : Superior Court, Middlesex County, 
July 18, 1873. Sentenced to four years and six months 
in the state prison. Pardon granted March 23, 1876, on 
the petition of Francis Jewett, Wm. E. Livingston, John 
A. Goodwin, Geo. F. Kichardson, Charles A. Stott, Geo. 
A. Marden, and other leading citizens of Lowell. The 
Council w^ere satisfied by the evidence of prominent offi- 
cials of the city of Lowell that public justice demanded 
his release. An important fact, unknown at the time of 
trial, constituted an additional reason for executive clem- 
ency. 

No. 10. Timothy O'Brien. Convicted of breaking 
and entering : Superior Court, Sufiblk County, May 
term, 1875. Sentenced to the house of correction for 
fifteen months. Pardon granted March 30, 1876, upon 
the certificate of the prison physician that the convict was 
sick with consumption and rheumatism and could not long 
survive. Friends received him and would give him proper 
attention while he lived. 

No. 11. John Congdon. Convicted of obtaining 
money by false pretences : Superior Court, Sufiblk 
County, May 10, 1875. Sentenced to the state prison 
for one year. Pardon granted March 30, 1876, on the 
petition of the warden and the prison physician, who 
testified that the prisoner was fatally sick with typhoid 
pneumonia and could not live many days. He was taken 
to his home, where he died within two days after his 
release. 

No. 12. Maeie Adelaide Gautier. Convicted of 
larceny : Superior Court, Sufiblk County, December 
term, 1875. Sentenced to five years in the house of 
correction. Pardon granted March 31, 1876, on the 
petition of Joseph S. liopes, T. H. Tyndall, and others. 



736 Special Messages. 

The Council were satisfied that the prisoner was a klepto- 
maniac. She was young and without friends in this 
country, and was sent to her family in France immedi- 
ately upon her release. 

No. 13. Owen Dunleary. Convicted of assault 
and battery : Police Court, Lowell, August 20,- 1875. 
Sentenced to one year in the house of correction. Par- 
don granted March 31, 1876, on the petition of Francis 
Jewett, John A. Goodwin, A. A. Haggett, W. F. Sahnon, 
W. E. Livingston, and others, citizens of Lowell, with the 
recommendation of the justice who tried him, because 
facts in mitigation of the oifence had come to bis knowl- 
edge since the trial. The oifence of which he was con- 
victed was not a grave one. 

No. 14. George Brown. Convicted of assault and 
battery: February 2, 1876, Municipal Court, Boston. 
Sentenced to pay a fine of $25, and committed to the 
house of industry in default thereof. Pardon granted 
April 12, 1876, upon the petition of the United States 
District Attorney, with the understanding that the pris- 
oner was to be immediately arre!?ted by the United States 
officers on an indictment for having in his possession with 
intent to pass, and for knowingly passing, counterfeit coins 
of the United States. 

No. 15. Benjamin Baker. Convicted of robbery; 
Superior Court, Bristol County, December 19, 1873. 
Sentenced to the state prison for four years. Pardon 
granted April 12, 1876, on the petitions of AVendell H. 
Cobb, A. R. Tucker, H. M. Brownell, J. H. Mackie, and 
others, citizens of New Bedford ; and T. B. Baker, E. 
Small, Erastus Chase, S. B. Kelley, and others, of Har- 
wich. His associates in the crime, who were subsequently 
arrested and convicted upon his testimou}'', had served out 
their sentences and were at liberty. His record whik^ in 
prison had been excellent, and previous to this ofleuce his 
reputation had been good. 

No. 16. John Laughlin. Convicted of larcen}^ 
October 14, 1874, and of esciiping from jail, April 14, 
1875 : Superior Court, Sufi'oik County. Sentenc-ed alto- 
gether to one year and ten months in jail. Pardon granted 
April 14, 1876, on the petition of Sherift' Clark, because 
the prisoner had served out his first sentence, and on 
account of his valuable services while in charge of the 
heating apparatus of the jail, and his uniformly good 



Special Messages. 737 

behavior, it was thought no public interest would be 
endangered by his release, especially as he did not belong 
to the criminal class. His escape from jail was somewhat 
excusable, as it was owiug to a ladder having been care- 
lessly left against the wall by an employe. 

No. 17. Harris E. Brown. Convicted of assault 
and battery : Superior Court, Middlesex County, Novem- 
ber 12, 1875. Sentenced to the house of correction for 
eighteen months. Pardon granted April 19, 1876, to take 
eflect May 12, on the petition of Hon. E. R. Hoar, Hon. 
John S. Keyes, and the selectmen of Concord, because 
it was shown to the satisftiction of the Council that Brown, 
who was a police officer of Concord, without criminal 
intent in his over-zealous desire to arrest a man who had 
long evaded him, was only technically guilty of the charge • 
of assault to which he pleaded guilty. 

No. 18. Brian McKenniff. Convicted of larceny : 
Superior Court, Suffolk County, June 8, 1874. Sentenced 
to two years and six months in the house of correction. 
Pardon granted April 20, 1876, on the certificate of the 
prison physician that the prisoner was very sick with 
quick consumption and could not live many days. He 
was removed to the house of a brother, where he died 
within a few days from his release. 

No. 19. Thomas H. Lord. Convicted of larceny : 
Superior Court, Suffolk County, March term, 1875. Sen- 
tenced to the house of correction for three years. Pardon 
granted April 29, 1876, on the certificate of the prison 
physician that the prisoner was very low with consump- 
tion and that he must soon die. His friends received and 
cared for him. His death occurred shortly after his re- 
moval from the prison. 

No. 20. Frank H. Dyer. Convicted of breaking 
and entering: Superior Court, Suffolk County, October 
term, 1873. Sentenced to the house of correction for 
three years. Pardon granted April 29, 1876, on the peti- 
tion of the mother, brother, and sister of the prisoner, 
because there was satisfactory evidence that the prisoner 
was very sick with a disease of the kidneys and not likely 
to recover. It was thought his life might be prolonged a 
few months by release from the depressing influences sur- 
rounding him in prison. 

No. 21. Orlando M. Palmer. Convicted of arson : 
Superior Court, Middlesex County, October term, 1873. 

93 



738 Special Messages. 

Sentenced to four years in the state prison. Pardon 
granted May G, 1876, on the petition of J. M. S. Williams, 
Robert O. Fuller, Joseph N. Bacon, John A. Oilman, and 
others, because (1) it was desired by the District Attorney 
who tried him, by the party who suffered most by his 
crime, and by the community generally where he lived; 
(2), his wife, who was in delicate health, and three 
children were dependent uj^on him for support; (3), his 
prison record was good, and he gave evidence of sincere 
repentance ; (4), no public interest would have been subr 
served by his further imprisonment. 

No. 22. Thomas Foster. Convicted of violating the 
license law : Superior Court, Worcester County, January 
term, 1876. Sentenced to the house of correction for 
. four months, and to pay a fine of $250. Pardon granted 
May 26, 1876, to take effect upon the payment of the 
costs included in the first sentence, on the petition of the 
selectmen and others, citizens of Leominster, because the 
prisoner was not able, nor were his friends willing, to pay 
the fines imposed upon him. The District Attorney sug- 
gested this disposition of the case. 

No. 23. George Clary. Convicted of rape ; Supe- 
rior Court, Middlesex County, July 20, 1871. Sentenced 
to the state prison for life. Pardon granted May 26, 
1876, on the petition of Mayor Stott, Francis Jewett, S. 
G. Mack, Hocum Hosford, Wm. E. Livingston, Geo. F. 
Richardson, John A. Goodwin, and others, citizens of 
Lowell. In the opinion of the present District Attorney, 
as well as the District Attorney who tried him, the prisoner 
has served as long a sentence as would now be imposed 
for the same crime. One associate in the crime had died, 
and another, equally guilty, had been pardoned after serv- 
ing less than a year of his sentence. 

No. 24. George E. Jacksox. Convicted of obtain- 
ing goods under false pretences : Municipal Court, Boston, 
January 25, 1876. Sentenced to six months in the house 
of correction. Pardon granted June 13, 1876, on the 
petition of Rev. Dr. A. A. Miner and others. The 
Council Avere satisfied that the prisoner had thoroughly 
reformed, and that an abridgment of his sentence Avould 
greatly encourage and aid him in his purpose to lead a 
correct life. He had a good home, where he would be 
surrounded by the best influences. 

No. 25, Michael Taylor. Convicted of larceny in 



Special Messages. 739 

a biiildmg : Superior Court, Suffolk County, March 14, 
1876. Sentenced to one year in the house of correction.' 
Pardon granted June 13, 1876, on the certificate of the 
prison physician that the prisoner was very low with quick 
consumption and could live but a short time. He had 
friends who received him and would give him proper care. 
He died shortly after his release. 

No. 26. John Gary. Convicted of robbery : Supe- 
rior court, Suffolk County, October term, 1872. Sen- • 
tenced to the state prison for eight years. Pardon granted 
June 19, 1876, on the petition of Hugh J. Toland, W. D. 
Park, Francis W. Jacobs, W. W. Doherty, and others. 
Satisfactory evidence was furnished that the robbery was 
not attended by any injurious assault ; the property stolen 
was returned to its owner ; the prisoner appeared to have 
thoroughly repented of his crime ; his wife was very sick 
with consumption, and in a destitute condition, and needed 
his care and support. 

No. 27. AzRO B. Bartholomew. ' Convicted of man- 
slaughter : Superior Court, Suffolk County, December 
term, 1872. Sentenced to the state prison for six years. 
Pardon granted June 19, 1876, on the petition of Ginery 
Twichell, James F. G. Hyde, Lewis Rice, Isaac Adams, 
and others. The Governor and Council, upon a full ex- 
amination, concurred in the opinion of the District Attor- 
ney who tried the case, and the city marshal who arrested 
the prisoner, that the ends of justice had been fully 
answered by his four and a half years' imprisonment, 
which was much in excess of the sentence they expected 
would be imposed. 

No. 28. John Forbes. Convicted of being a com- 
mon and notorious thief, and of escaping from prison : 
Superior Court, Essex County, May 15, 1865. Sentenced 
altogether to twenty-three years and six months in the 
state prison. Pardon granted June 30, 1876, on the peti- 
tion of the prisoner's sister, Mrs. Charles Snydam of New 
York, and many respectable citizens of New York City 
and Brooklyn, for the following reasons : His crimes, ' 

although numerous, had never been against the person or 
attended with breaking and entering, but generally con- 
sisted of larcenies of property of small value. His term 
of imprisonment had been very long, and his conduct, 
except in one instance, good. He had friends in New 
York who would furnish him with useful employment and 
give him a good home. 



740 Special Messages. 

No. 29. Edwaed Knight. Convicted of breaking aud 
entering : Superior Court, Essex County, October term, 
1874. Sentenced to the state prison for three years. 
Pardon granted June 30, 1876, on the petition of Francis 
J. Parker and Messrs. Allan Rogers, F. J. Babson, David 
W. Low, Benj. H. Corliss, Aaron Parsons, Francis Proc- 
tor, and nearly fifty others, respectable citizens of Glouces- 
ter, because satisfactory evidence was furnished he had 
thoroughly reformed and was sincerely penitent for the 
crime, which was of a trivial character, and would be sur- 
rounded by better influences than formerly. Many prom- 
inent citizens of Gloucester stood ready to aid and encour- 
age him to lead a better life. His wife and two young 
children were dependent upon him for support. 

No. 30. Edward W. West. Convicted of larceny : 
Superior Court, Plymouth County, June 27, 1871. Sen- 
tenced on three indictments to the state prison for ten 
years. Pardon granted July 8, 1876, on the petition of 
Rev. W. H. H. Murray, Francis Childs, Jonathan Stone, 
E. L. Norton, Weston Lewis, Caleb Rand, B. F. Stacey, 
and others. The prisoner had been in the hospital 
twenty-one months, and had undergone three operations 
for necrosis of the skull. He was greatly reduced phys- 
ically, and his mind was somewhat affected. He had 
friends who would give him proper care and nursing. 

No. 31. Eugene Harmon. Convicted of assault and 
battery: Municipal Court, Boston, July 3, 1876. Seu- 
. tenced to three months in the house of industry. Pardon 
granted August 12, 1876, because the prisoner was very 
sick with consumption, was steadily failing, and could not 
live many weeks. He had a comfortable home, where he 
could be properly cared for, and to which he was removed. 

No. 32. James Kelley, alias Martin Gilmore. 
Convicted of breaking and entering : Superior Court, 
Suflblk County, October term, 1874. Sentenced to two 
years in the house of correction at Ipswich. Pardon 
granted August 12, 1876, because the prisoner was very 
sick with consumption and could not live many more 
days. lie had a comfortable home, where he could be 
cared for while he lived. 

No. 33. James Gibbons. Convicted of rescuing a 
prisoner from the hands of an otficer : Superior Court, 
Suflblk County, December 16, 1871. Sentenced to one 
year in the house of correction. Pardon granted August 



Special Messages. 741 

14, 1876. Gibbons had already served a sentence in the 
state prison for another offence, and this sentence was to 
take effect at the expiration of the former ; but in consid- 
eration of very important service rendered the warden in 
preventing the escape of prisoners, and of tliorough ref- 
ormation, his sentence to tlie house of correction was 
remitted. 

No. 34. Charles Williams, 2d. Convicted of burglary : 
Superior Court, Hampden County, December 24, 1870. 
Sentenced to eleven years in the state prison. Pardon 
granted August 23, 1876, on the petition of Col. E. H. 
Ball of Holyoke, the party robbed, Sheriff Bradley of 
Hampden County, Rev. William Eice of Springfield, and 
others, for the reasons, that he was thoroughly reformed, 
that no public interest would suffer by his release, and 
that he would be removed from his former associates, and 
surrounded by the best influences in a Christian family 
and home, where he would be aided in his purpose to lead 
a useful life. 

No. 35. Patrick Teehan. Convicted of breaking 
and entering : Superior Court, Hampshire County, De- 
cember 27, 1875. Sentenced to two years in the house 
of correction. Pardon granted August 23, 1876, on the 
petition of Hon. George D. Robinson of Chicopee, 
Mayor Pearson, and twenty leading citizens of Holyoke, 
with the recommendation of the District Attorney and 
sheriff. It was clearly shown to the Council, that the 
prisoner, who was quite young, did not belong to the 
criminal class, and, although technically guilty, did not 
intend to commit a crime. 

No. 36. John Cahill was convicted at the same time 
and for the same offence as Patrick Teehan, No. 35 ; and 
the circumstances were precisely the same as in that case. 

No. 37. Eugene Darling. Convicted of robbery and 
maiming: Superior Court, Bristol County, September 18, 
1861. Sentenced to the state prison for life. Pardon 
granted August 23, 1876, on the petition of T. Albert 
Taylor, Rev. S. H. Winkley, Rev. George L. Chancy, 
John G. Webster, and C. L. Heywood, and with the rec- 
ommendation of the District Attorney, because (1) there 
was evidence that his deportment in prison had been 
good; (2) he had improved his opportunities for educa- 
tion ; (3) he had an earnest purpose to become a good 
citizen; (4) and chiefly because he had served a longer 



742 Special Messages. 

sentence than would probably be imposed now for the 
same offence. 

No. 38. George Buzzell. Convicted of breaking 
and entering : Superior Court, Essex County, May 14, 
1875. Sentenced to two years in the house of correction. 
Pardon granted August 23, 1876, on the petition of John 
Cogswell, Frederic Willcomb, J. C. Underbill, John Per- 
kins, and nearly one hundred other citizens of Ipswich, 
because satisfactory evidence was produced that his release 
would not be injurious to society and would be of great 
advantage to the prisoner, who had thoroughly reformed. 
Public sentiment in the vicinity was largely in his favor. 

No. 39. Ervin Raymond. Convicted of adultery, 
July 20, 1875 : Superior Court, Berkshire County. Sen- 
tenced to the house of correction for eighteen months. 
Pardon granted August 31, 1876, on the petition of 
Sheriff Root and the prison physicians, because the pris- 
oner was very sick with consumption and could not live 
many weeks. Ui3on his release, he was taken to his fath- 
er's home, where he would be cared for while he lived. 

No. 40. Joseph W. Foster. Convicted of keeping 
an unlicensed dog : Municipal Court, Roxbury District, 
August 28, 1876. Sentenced to pay a fine of $15 (fifteen 
dollars) , and in default thereof committed to jail. Pardon 
granted August 31, 1876, on the petition of the party 
who complained of him, the judge who sentenced him, 
and the sheriff of Suffolk County, because he was ignorant 
of the law which he violated, and had alwa^'s borne a 
good character. His services were needed by his family, 
who were in a condition of abject poverty. 

No. 41. "William Haskell. Convicted of breaking 
and entering : Superior Court, Barnstable County, Oc- 
tober 20, 1875. Sentenced to fifteen mouths in the house 
of correction at East Cambridge. Pardon granted Sep- 
tember 7, 1876, on the petition of the selectmen and 
eighteen others, leading citizens of Sandwich. The of- 
fence appeared to be a boyish freak rather than a delib- 
erate crime. The District Attorney thought it entirely 
consistent with public safety that a pardon should be 
granted, and the Council concurred in that opinion. 

No. 42. INIiciiAEL Burke. Convicted of an assault : 
Charlcstown District, Municipal Court, July 8, 1876. 
Sentenced to the house of correction at East Cambridge 
for four months. Pardon granted September 7, 1876, on 



Special Messages. 743 

the petition of Ezra J. Trull, John B. Hebron, Edmund 
Keyes, and others, for the reason that certain fticts and 
mitigating circumstances had come to light since the trial, 
which, had they been then known, would have resulted in 
a lighter sentence. The complaiuant and the person 
assaulted joined in the petition. 

No. 43. John J. Haxlon. Convicted of breaking 
and entering : Superior Court, Essex County, May 17, 

1875. Sentenced to the house of correction for two 
years and six months. Pardon granted September 28, 

1876, on the petition of the sheriff of Essex County, the 
overseers of the house of correction, and the prison 
physicians, because the prisoner was in the last stages of 
consumption. He had friends who received him, and 
would care for him while he lived. 

No. 44. Patrick Reagan. Convicted on two com- 
plaints of violating the license law : Superior Court, Suf- 
folk County, June 22, 1876. Sentenced on one complaint 
to pay a fine of $150 (one hundred and fifty dollars), and 
on the other to three months in the house of correction. 
Pardon granted September 28, 1876, with the condition 
the fines shall be paid, together with all the costs. The 
District Attorney certified that the cases against the pris- 
oner should have been treated as one ; and that but for his 
absence, they would have been so regarded, and but one 
sentence given. He was of the opinion, therefore, that 
justice to the prisoner required his release, and the Coun- 
cil concurred in this opinion. 

No. 45. Abraham Parsons. Convicted of an attempt 
to ravish : Superior Court, Berlvshire County, January 
23, 1875. Sentenced to the house of correction for three 
years. Pardon granted September 30, 1876, on the peti- 
tion of Rev. C. Collard Adams, Justus Tower, H. M. 
Owen, and many other citizens of Lanesborough, because 
the true character of the witness, upon whose testimony 
he was convicted, and other facts not known or made fully 
to appear at the trial, rendered it very doubtful if the 
prisoner was guilty of so grave an ofience, if indeed he 
was guilty of any crime at all. 

No. 46. Richard Spring. Convicted of (1) larceny, 
(2) of drunkenness, (3) of being an idle and disorderly 
person, before Trial Justice Littlefield, of Winchester, 
July 27, 1876. Sentenced to pay fines and costs, amount- 
ing altogether to $43.35 (forty-three dollars and thirty-five 



T44 Special Messages. 

cents), and in default thereof committed to the house of 
correction. Pardon granted September 30, 1876, l)ecause 
the offences, which were committed at the same time, were 
very trivial, and the prisoner was unable to pay the fine 
and costs. The trial justice and the selectmen of Win- 
chester, who were the complainants, thought that no 
public interest would be subserved by his longer confine- 
ment, and the Council concurred in this opinion. 

No. 47. JohnF. TuLLAE. Convicted of manslauo:hter : 
Superior Court, Berkshire County, July 17, 1872. Sen- 
tenced to fourteen years in the state prison. Pardon 
granted October 11, 1876, on the petition of A. G. 
Waterman, Frank W. Rockwell, William T. Filley, 
George Y. Learned, H. J. Dunham, H. J. Canfield, 
John Crosby, Jr., Thomas Post, Graham A. Root, Henry 
W. Taft, E. M. Wood, Mason Van Deusen, Oliver Peck, 
and nearly one hundred other respectable citizens of 
Berkshire County, on account of his impaired health, 
• both physical and mental, which had kept him in the hos- 
pital for several months under treatment for a disease 
believed to be incurable; viz., necrosis of the bones of 
the skull. His crime was committed under great prov- 
ocation, and, in some degree, in self-defence. 

No. 48. Philip Goldstein. Convicted of arson: 
Superior Court, Suffolk County, December term, 1873. 
Sentenced to state prison for ten years. Pardon granted 
October 11, 1876, because, after several protracted hear- 
ings, the Council were satisfied, from evidence not made 
fully to appear at the trial, that Goldstein was not the 
principal in the crime ; and even if he was accessory 
(which was doubtful), he had suffered as long an impris- 
onment as would have been imposed upon him had he 
been convicted of such a connection therewith. 

No. 49. Reuben P. Charters. Convicted of driving 
faster than the law allows : Municipal Court, Boston, 
August 22, 1876. Sentenced to pay a fine and costs, 
amounting to $30 (thirty dollars), and committed to jail 
in default thereof. Pardon granted October 11, 1876, on 
the petition of Shcrift' Clark, Peter Butler, and Thomas 
F. Temple, because there was satisfactory evidence that 
no crime was intended, it being a case of criminal care- 
lessness resulting in no harm to anybody. The prisoner 
had always borne a good reputation, and had a wife and 



Special Messages. 745 

several small children dependent upon his earnings for 
support. 

No. 50. Anna Everett. Convicted of larceny in a 
building: Superior Court, Suffolk County, October 13, 
1874. Sentenced to three years in the house of correc- 
tion at East Cambridge. Pardon granted October 20, 
1876, on the petition of the master and physician of the 
house of correction, because the prisoner was fatally sick 
with consumption and would probably live but a short 
time. Upon leaving the jail, she was received into the 
Consumptives' Home, in Boston, where she would be 
properly cared for. 

No. 51. James A. Hern. Convicted of assault and 
battery: Police Court, Fitchburg, September 28, 1876. 
Sentenced to the house of correction for six months. 
Pardon granted October 20, 1876, on the petition of the 
special justice of the court, by whom he was convicted, 
because facts had been discovered since the trial, which, 
had they then been known, would have led the justice to 
impose a small fine or a few days imprisonment. 

No. 52. John Buckley. Convicted of assault and 
battery : Superior Court, Suffolk County, March term, 
1876. Sentenced to the house of correction for nine 
months. Pardon granted October 31, 1876, on the peti- 
tion of Rev. W. A. Blenkinsop, T. F. Fitz Gerald, Rev. 
Joseph H. Clinch, P. A. Collins, Patrick Donahoe, and 
others, because of evidence discovered since the trial that 
the assault was the result of criminal carelessness, by 
which no one was injured. The family of the prisoner 
who were dependent upon him for support, were in a con- 
dition of abject poverty, and must have been sent to the 
almshouse had he not been released. 

No. 53. Thomas D. Kehoe. Convicted of violating 
the license law : Superior Court, Berkshire County, Jan- 
uary 28, 1876. Sentenced to three months in the jail, 
and to pay a fine of $400 (four hundred dollars) . Pardon 
granted October 31, 1876, upon the petition of Shepherd 
Thayer, S. Johnson, J. T. Robinson, and other citizens of 
North Adams, because the Council were satisfied that the 
prisoner having been imprisoned nine months, the ends of 
public justice would not be subserved by his longer 
detention. He was wholly unable to pay the fine, and had 
a wife and several small children dependent upon him for 
support. He agreed to give up the business entirely. 

94 



746 Special Messages. 

No. 54. John A. Crepe an. Convicted of assault 
with intent to rape : Superior Court, Suffolk County, May- 
term, 1872. Sentenced to tlie state prison for ten years. 
Pardon granted November 1, 1876, on the petition of 
Geo. Woods & Company, P. A. Collins, T. L. Jenks, 
Henry T. Knight, and others. Satisfactory evidence was 
presented to the Council that the crime was committed 
while the prisoner was under the influence of liquor, and 
that it was in fact only an indecent assault, resulting in no 
injury to the person assaulted. His famil}^ in Canada 
were ready to receive him and give him employment. A 
condition of the pardon was, that he should go at once to 
Canada, and not return to Massachusetts before May, 1882. 

No. 55. William A. Glover. Convicted of being 
accessory before the fact to breaking and entering a bank ; 
Superior Court, Suffolk County, January term, 1872. 
Sentenced to twelve years in the state prison. Pardon 
granted November 24, 1876, after several protracted 
hearings, and the most careful investigation. There was 
evidence beyond reasonable doubt, much of which had 
come to light since the trial, that Glover was not acces- 
sory before the fact, and so little evidence that he was 
even accessory after the fact, that the Council unani- 
mously recommended a pardon. 

No. 56. Josephine Taylor. Convicted of larceny : 
Police Court, Somerville, October 4, 1876. Sentenced 
to pay a fine of $20 (twenty dollars) and costs, and in 
default thereof, committed to the house of correction. 
Pardon granted November 24, 1876, on the petition of 
the mayor, chief of police, justice, special justice, and 
clerk of the police court, all of Somerville, because she 
was wrongfully convicted. The person who conmiitted 
the crime has been arrested and is now undergoing sen- 
tence. 

No. 57. James H. Bennett. Convicted of embezzle- 
ment : Superior Court, Suflblk County, September term, 
1875. Sentenced to the house of correction at Dedham 
for two 3'ears. Pardon granted November 24, 1876, to 
take effect November 29, on the petition of llufus S. 
Frost, John H. Reed, I. Avery Richards, Geo. O. Car- 
penter, A. P. Blake, Albert A. Folsom, John S. Haley, 
Addison Boyden, and others, because the prisoner's health 
was greatly impaired, and his life would doubtless have 
been sacrificed by another winter's imprisonment. His 



Special Messages. 747 

minor children and aged mother needed the results of his 
labor for their support, and his friends would give him 
light and remunerative employment. 

No. 58. Thomas Coque. Convicted of murder in the 
second degree : Supreme Judicial Court, Suffolk County, 
December 21, 1863. Sentenced to the state prison for 
life. Pardon granted November 30, 1876, on the recom- 
mendation of the Warden for a Thanksgiving pardon. 
The prisoner's conduct during his confinement had been 
good. 

No. 59. John H. Gilder. Convicted of rape; 
Superior Court, Berkshire County, January term, 1863. 
Sentenced to the state prison for life. Pardon granted 
upon the recommendation of the Warden for Thanksgiving 
Day. His conduct while in prison had been uniformly 
good. 

No. 60. John Donahoe. Convicted of rape : Supe- 
rior Court, Suffolk County, July term, 1872. Sentenced 
to the state prison for fifteen years. Pardon granted 
December 12, 1876, on the petition of Samuel A. Green, 
Andrew J. Hall, Alphonso J. Robinson, Francis W. 
Jacobs, and Amos L. Noyes. The District Attorney, who 
had thoroughly investigated the case, recommended a 
pardon, and there was proof beyond a reasonable doubt 
that the prisoner was not guilty of so great a crime as 
that of which he was convicted, but of one for which he 
should have received a comparatively light sentence. 

No. 61. William CoTN AM. Convicted of breaking and 
entering, July 18, 1876 : Superior Court, Middlesex County. 
Sentenced to two years in the house of correction. Pardon 
granted December 22, 1876. The District Attorney cer- 
tified that there was a misunderstanding of the case when 
he was sentenced, and that a different disposition should 
have been made. The District Attorney's evidence was 
supported by affidavits of other persons to the same effect. 

No. 62. William L. Brown. Convicted of larceny : 
Superior Court, Suffolk County, June 20, 1876. Sen- 
tenced to the house of correction for two years. Pardon 
granted December 22, 1876, because there was abundant 
evidence that he was sick with consumption and failing 
very fast. He was removed to his father's house, where 
he would receive proper care. 

No. 63. Charles Collins. Convicted of an assault 
upon an officer : Superior Court, Suffolk County, June 



748 Special Messages. 

term, 1876. Sentenced to one year in the house of cor- 
rection. Pardon granted December 29, 1876, because he 
was sick with consumption and rapidly failing. He was 
removed to his father's house, where he would be properly 
cared for while he lived. 

No. 64. James Sullivan. Convicted of highway 
robbery : Superior Court, Suffolk County, November 
term, 1873. Sentenced to five j^ears in the state prison. 
Pardon granted December 29, 1876. Certain facts bear- 
ing upon the case had been discovered since the trial, 
which, had they then been known, would have secured a 
lighter sentence. The prisoner was but sixteen years of 
age at the time of his conviction, and for the same oflence 
now, would probably be sent to the reform school instead 
of the state prison. His conduct while in prison was good. 

[To the Senate, February 16.] 

I have the honor to transmit herewith, for the informa- 
tion and use of the General Court, the Report of the 
Manager of the Troy and Greenfield Railroad and Hoosac 
Tunnel, for the year ending December 31, 1876. 

[To the Senate, February 19.] 

I have the honor herewith to transmit, for the informa- 
tion and use of the General Court, the last Annual Report 
of the Trustees of the Massachusetts Agricultural College, 
with accompanying documents. 

[To the Senate, March 9.] 

I have the honor herewith to transmit, for the informa- 
tion and use of the General Court, the Report of the 
Adjutant-General of the Commonwealth, for the year 
ending December 31, 1876. 

[To the House of Representatives, March 17.] 

In reply to the Resolve of the House of Representatives 
of the 1st instant, requesting me "to communicate to the 
House, if consistent with the public interests, whether 
any, and if so, what action has been taken under chapter 
fifty-seven of the Resolves of the year 1876, instructing 
the Attorney-General, with the approval of the Governor 
and Council, to institute proceedings against certain offi- 
cials of the Boston and Albany Raih-oad,'' I have the honor 
to submit the accompanying copies of correspondence 
relating thereto. 



Special Messages. 749 

[To the Senate, May 15.] 

I have the honor herewith to transmit, for the use and 
information of the General Court, the Annual Report for 
the year 1876, of the Commissioner of the Mystic River 
Corporation. 

[To the Senate, May 15.J 

I hereby return to the honorable Senate, in which it 
originated an Act " in relation to the Sale of Intoxicating 
Liquors," and respectfully ask the Legislature to consider 
some of the principal objections to its approval. 

It appears to me that upon a subject lying so near 
the morals and habits of our people as does the social 
use of intoxicating liquors, — one upon which there is wide 
diversity of opinion, and in respect to which we are com- 
pelled to seek the best practical results, rather than to 
solve questions of casuistry, legislation ought not to be 
fitful and intermittent, and the statutes ought not to be 
changed unless some palpable form of evil is resulting, 
or unless the change proposed is clearly demanded by 
public opinion. 

The existing law to regulate the sale of intoxicating 
liquors has, in its present form, been in force only about 
twelve months, and has been only partially tested. I am 
of opinion now, as when I entered upon executive duties, 
that it is clearly the wish of a great majority of the 
people of the Commonwealth that the l^w and the prin- 
ciple upon which it is founded shall have an exhaustive 
and, so far as possible, a demonstrative trial. In this 
way only can we make any real progress in a matter beset 
on every hand with embarrassing difficulties. I trust that 
it is only to declare your own opinion to say, that this 
subject is too weighty an one to be made a plaything in 
politics ; and thousands of sufi'ering women and children 
are looking with beseeching solicitude to the state author- 
ities to deal with the evils of intemperance only with 
patient investigation and wise discretion. There are no 
evidences of flagrant evils resulting from the present law ; 
but, on the contrary, the sale of spirituous liquors to be 
drunk on the premises has been constantly diminishing ; 
and there is, so far as I know, no public opinion demand- 
ing new legislation on the subject. I respectfully submit, 
that the fact that a majority of the members of a legislative 
assembly is so constituted as to be able to pass laws not 



750 Special Messages. 

demanded l)y the public welfare is not of itself sufficient to 
justify such legislation ; but, on the other hand, as has 
been wisely said, "Every act of authority of one man 
over another, for which there is not an absolute necessity, 
is tyrannical." 

It is a settled fact that no legislation can perfectly extir- 
pate the use of intoxicating liquors as a beverage ; and all 
the forces of Christendom have not been able by any 
means to accomplish that result ; and if there be pagan or 
non-Christian countries where abstinence from the use of 
spirituous liquors has been enforced by absolute authority, 
even those people have other stimulants not less hurtful 
and pestiferous in their indulgence. It is a fact of history 
in the past experience of this Commonwealth, that extreme 
laws on this subject have not been effective ; and their 
imjjotency has not always arisen from indisposition to 
enforce them, on the part of those charged with that 
responsibility, but from inherent difficulties which, lie in 
the way of their administration. Any other conclusion 
than this, supposes that some of the purest men who ever 
held executive and judicial offices in this State have been 
false to their own previous belief, to their open avowals 
of opinion, to their personal honor and to their oaths of 
office. There is nothing else in the known characters of 
these men, nothing discernible in any other of their rela- 
tions to society, which tolerates the suspicion either of 
their dishonor or dishonesty ; and they stand acquitted in 
the public judgment of any dereliction of duty in this 
particular also. 

But while it is impracticable to enforce laws universally 
prohibitive, it is possi1)le to enforce laws which become 
practically prohibitive in a great majority of towns and 
cities, and which effectively regulate and restrain the sale 
of liquors in other places where prohibition utterly fails. 
This is the characteristic of the law now in force. It is 
prohibitory in more than two-thirds of the cities and towns 
of the State to-day; it is regulative in others, and contains 
the principle of local option applicable everywhere. It 
absolutely prohibits the sale of intoxicating liquors unless 
by license from some particular city or town, and it per- 
mits no city or town to issue a license exce[)t under 
provisions already about as stringent as can be enforced. 
The State, as such, licenses nobody ; and if liquors are 
sold by license in any place it is because the municipal 



Special Messages. 751 

authorities of that place have granted the license. If 
liquors are sold anywhere without license, the remedy is 
apparent and effective, as the records of the courts and 
numerous inmates of the houses of correction in different 
counties testify. 

Permit me to remind you in this connection of some of 
the provisions of the existing law respecting the conditions 
upon which a license in any town or city may be granted. 
Every license must be signed by the selectmen of the town 
in which the license is held, or if a city, then by the mayor 
and aldermen, or by license commissioners, as the case 
may be ; and these bodies may either of them refuse to 
grant any licenses at all, or may limit the number at any 
point at their discretion. 

" Each license shall be expressed to be subject to the following 
conditions : — 

" First. That the provisions in regard to the nature of the 
license, and the building in which the business may be carried 
on under it, shall be strictly adhered to. 

" Second. That no sale of spirituous or intoxicating liquor 
shall be made between the hours of twelve at night and six in 
the morning, nor during any part of the Lord's Day, except that 
if the licensee is also licensed as an innholder, he may supply 
such liquor to guests who have resorted to his house for food or 
lodging. 

" Third. That no liquor except such as is of good standard 
quality and free from adulteration shall be kept or sold on the 
premises described in the license. 

" Fourth. That no sale or delivery of liquor shall be made on 
the premises described in the license to a person known to be a 
drunkard, or to any intoxicated person, or to a minor. 
_ ''Fifth. That there shall be no disorder, indecency, prostitu- 
tion, lewdness or illegal gaming on the premises described in the 
license, or on any premises connected therewith by any interior 
communication. 

" Sixth. That the license, or a copy thereof, certified by the 
clerk of the city or town by which it was issued, shall be dis- 
played on the premises, in a conspicious position, where it can 
easily be read. 

" Seventh. It shall be further expressed in each license that 
it shall be subject to a forfeiture as herein provided, for breach 
of any of its conditions ; and that in case the licensee is con- 
victed in any court of competent jurisdiction of having vio- 
lated any of such conditions, his license shall thereupon become 
void." 



752 Special Messages. 

It is also further provided that every holder of a license, 
besides paying his fees therefor, shall file with the city 
or town treasurer a bond in the sum of one thousand 
dollars, signed by the licensee and sufficient sureties, 
jointly and severally liable for the payment of all costs, 
damages and tines incurred by violation of the provisions 
of the law ; and the parties are liable to suit in any court 
of competent jurisdiction. The premises of licensees are 
at all times liable to visitation and inspection, and their 
liquors to analysis, to test their quality and freedom from 
adulteration. 

Violators of the law are liable to forfeiture of license, 
to fine and imprisonment ; and the statute also contains 
many other stringent provisions too lengthy to be here 
stated. 

Turning to the consideration of the proposed Act, one 
fact developed by its passage is too important to be passed 
without special notice, as indicating an essential change in 
opinion upon the whole subject under discussion. Hitherto 
the culminating objection to the present and to all similar 
laws by earnest advocates of that side, has been against 
any form of license ; yet, notwithstanding the Act now 
proposed involves direct provisions of license at local 
option, I observe by analysis of votes upon two bills of 
the present session, that a large majority of those who 
voted for the prohibitory bill (so called) in April, voted 
for the principle of license' embodied in this bill in May. 
It may, therefore, be assumed that by general consent the 
principle of license has been eliminated from future dis- 
cussion and legislation upon this subject, and that the 
most serious objection that has been urged against the 
present law has been abandoned. 

The principle involved in the existing law and in the 
Act herewitii returned being substantially the same, the 
question of the expediency of substituting the latter for 
the former is reduced simply to a choice of regulations. 
The present law, as to its main features, went into etiect 
on the first day of May, 1875 ; and provisions for its l)etter 
enforcement were adopted and made efl'ectivc on the 25th 
of April, 187G. We have, therefore, only fractions of 
entire years by which we can make statistical comparison. 
But I am abU; to give some ap[)roximate results as indic- 
ative of tiie tendency of the l.iw. 



Special Messages. 753 

As already observed, the State issues no licenses what- 
ever ; the question being now one entirely of local option. 
The first inquiry, therefore, is what proportion of the cities 
and towns have granted licenses under this option? The 
whole number of cities and towns in Massachusetts is three 
hundred and forty-two (342), and of these, less than one 
hundred, or less than thirty per cent, of the whole num- 
ber, had granted any licenses at the close of the year 
1876. The present law is therefore absolutely prohibitory 
in more than seventy per cent, of the whole number of 
municipalities in the State. If liquors are sold in these 
towns, the sale is in violation of law, and the local author- 
ities have power to enforce the penalties. 

I have not full returns from the cities and towns where 
licenses have been authorized, but from returns furnished 
by the chief detective of the Commonwealth, at the begin- 
ning of the present year, from two hundred and thirty-tive 
(235) towns and cities, or from some more than two-thirds 
of the whole number, it appears that the whole number 
of arrests for drunkenness in those places was in the year 
1874, 25,740; in the same places, like arrests in 1876, 
18,696, — showing a decrease of 7,044 between the last 
year of the prohibitory law and the first year of the license 
law, in 235 towns. 

The chief of police of Boston sent me the following 
statistics of results in this city for the year 1876 : — 

Number of arrests for drunkenness in 1874, . 11,880 
of arrests for drunkenness in 1876, . 8,564 



Showing a decrease of ..... 3,316 

Total number of prosecutions under liquor law, 4,028 

of gallons of liquor forfeited, . 26,888 
of places abandoned as to sale in 

Boston in 1876, ... 619 

That visible drunkenness has diminished in our streets 
will be admitted by every candid observer ; indeed, an 
intoxicated person is seldom seen abroad, and there is a 
growing sentiment against intemperance. Drunkenness 
is no longer condoned in respectable society, and the 
fashion of the times, as well as the moral sentiment of the 
people of all classes, is forming against it. 

95 . 



7t?4 Special Messages. 

The use of liquors is no longer considered essential to 
occasions of public hospitality, and recent significant 
examples have been given of their entire disuse. It would 
not be true to attribute the whole of this gratifying 
progress of temperance to the existing law ; but the law 
is one of the conditions of society wherein this awakening 
has taken place ; and to me it seems inexpedient to sup- 
plant so serviceable and so acceptable an instrumentality, 
in order to try chances in a new field of experiment, with 
the hazard of losing all that has been gained, and all that 
may be reasonably hoped for. 

The feature of the proposed law which can be especially 
commended, is the earlier closing of licensed places at 
night; but this is not in fact essential, inasmuch as any 
evil at present arising therefrom can be otherwise remedied. 

The limitation of the number of licenses to one for every 
thousand inhabitants is a provision of doubtful value as 
compared with the present plan of leaving the number at 
the discretion of municipal authorities, and holding them 
accountable to public opinion for any excess of numbers 
or delinquency in the enforcement of the conditions upon 
which they are granted. Besides this, it is desirable that 
the laws shall bear as equally as possible upon all commu- 
nities to which they are apijlied ; and the provision in 
question may work a violation of the just rights of towns, 
by disfranchising them of prerogatives to which, with other 
towns, they are justly and constitutionally entitled. Thus, 
under such a provision, it would be possible for a majority 
of the voters (perhaps not more than one hundred per- 
sons) in a town of one thousand inhabitants, to grant a 
license, while in another town of nine hundred and ninety- 
nine inhabitants, all voting for a license, no license could 
be granted. Such a provision has a strong savor of in- 
justice and inequality, and would be a bad element in the 
administration of any law of which it should form a part. 

The ])rovision for the appointment of town constables 
in such number as may be necessary to maintain the laws 
and preserve the peace of neighborhoods, is already cov- 
ered by the General Statutes. 

I cannot but believe that the provisions of this proposed 
Act are so needless, so onerous and so oflensive as com- 
pared with the present law upon the subject, that its enact- 
ment would arrest the existing healthy and steady progress 
of the cause of temperance and sobriety throughout the 



Special Messages. * 755 

Commonwealth. The noble men and women eno-ao-ecl in 
the work of the reform clubs have accomplished results 
before which the power of legislative restraints dwindles 
into insignificance. They have brought into activity the 
social and loving elements in human nature, and leaving 
angry discussion of abstract principles and coercive meas- 
ures out of account, have directed their persuasive appeals 
to the individual heart and conscience. 

Just now, also, this work is becoming lifted into the 
atmosphere of religious influence and religious duty ; and 
men are beginning to see that reformation lies not so much 
in outward restraints, but in the inward purity of heart. 
These earnest| reformers are not suppliants for any change 
in the liquor law now, but they are enlisting the sympa- 
thies and securing the approbation of good people every- 
where, to an extent which guarantees that their labors will 
be supplemented, at every advance, by any legal provi- 
sions which experience may show to be useful to their 
success. 

I believe the enactment of the proposed law would 
greatly impede their work by introducing a new element 
of discord into the discussion, by diverting attention from 
their successful methods, and by furnishing their enemies 
with plausible excuses for setting the law at defiance. 

I respectfully ask the General Court to give impartial 
consideration to these objections, and to others which a 
reexamination of the bill can scarcely fail to suggest. 

[To the Senate, May 16.] 

I respectfully return to the honorable Senate, in which 
it originated, the bill entitled "An Act to further define 
the policy of the Commonwealth in regard to the Hoosac 
Tunnel and the Troy and Greenfield Railroad," with regret 
that I cannot give it my approval. 

Should this bill become a law, it would constitute a con- 
tract between the Commonwealth and any railroads which 
should enter into contracts with each other under it, 
which could not be changed by any subsequent Legislature 
within the period of seven years. The bill consists of 
three sections, and from a careful examination of them, it 
would appear that the first and the larger part of the third 
are but reeuactraents of provisions of the General Kail- 
road Act of 1874, relating to the rights and duties of 
connecting railroads, and the power of the Commonwealth 



756 • Special Messages. 

to purchase railroads or to regulate the rates of fare aud 
freight upon them. Not only are they reenactnients of 
statute provisions which now are and long have been in 
force, but as it appears to me, they reenact them in a form 
less eflective than that in which they already exist. The 
sections referred to of the General Kailroad Act of 1874, 
contain both an executory force and a penalty for their 
infraction, which I do not tind in any part of the bill here- 
with returned. I am, therefore, of opinion that, in so far- 
as relates to these matters, the rights and interests of all 
concerned are more effectually guarded without than with 
the passage of the bill under consideration. 

Th§re remain to be considered only the second section of 
the bill and the last part of the third. By these a policy 
as respects the Troy and Greenfield Railroad and the Hoosac 
Tunnel, established by chapter 77 of the Acts of 1875, 
known as the ToU-Gate Act, is declared to be the estab- 
lished policy of the Commonwealth for a period of seven 
years, and all railroad corporations are invited to enter 
upon contracts for that space of time in full reliance 
thereon ; while it is further provided that all the contracts 
thus eiitered into, whether between corporations alone, or 
between corporations and the State, shall, if covering a 
period of over six months, be subject to the approval of 
the Governor and Council ; finally, it is expressly provided 
that in case of a change of policy on its part within the 
seven years, and a consequent failure to carry out the pro- 
visions of this and other Acts, the Commonwealth shall 
incur no liability to any one. 

The clause last referred to is, as I understand it, in- 
tended to provide for the uot improbable contingency of 
a change of mind and subsequent policy on the part of 
future Legislatures. As a business arrangement with busi- 
ness men, this clause, therefore, seems to be somewhat in 
conflict with the declared object of the bill, as it goes to 
render the proposed agreement. binding from the start only 
on one party to it. So far as the Commonwealth is con- 
cerned, however, this saving clause does not affect the 
general character and i)urport of the Bill, which is in- 
tended to establish the toll-gate policy, so called, as the 
fixed policy of the Commonwealth towards both the 
Hoosac Tunnel and the Troy and Greenfield Kailroad for 
a period of years. Its enactiuent into a law would prac- 
tically have that effect. 1 find myself compelled, there- 



Special Messages. 757 

fore, to consider these provisions of the bill in this light, 
and from two different points of view ; and from neither 
am I able to approve of them. As a binding seven years' 
contract, they have, in the first place, a very immediate 
bearing on great commercial and tinancial interests of the 
Commonwealth ; and, in the second place, a very close 
connection with its political system. 

In both of the annnal addresses which I have had the 
honor to submit to the Legislature, I have endeavored 
clearly to state my own profound conviction that the only 
way in which the Commonwealth could hope to reap any 
benefit from the Tunnel line, at all proportionate to its 
vast cost, was through the energetic and comprehensive 
development of that line in the way in which other similar 
lines leading to other seaboard cities have been developed. 
Under these circumstances, it seems to me very undesira- 
ble that the Legislature should now, in so far as it can, 
bind the Commonwealth irrevocably, for the long period 
of seven years, to a policy in connection with this line 
which is confessed to be purely experimental. 

I feel assured that no business men of ordinary shrewd- 
ness, in dealing with their private interests, would under 
similar circumstances adopt such a course. It is to be 
remembered that the Tunnel line has already cost the 
Commonwealth about $18,000,000, which amount must 
swell to not less than $25,000,000 before the seven years, 
for which it is now proposed to tie it up, have elapsed. 
Where such a vast interest is at stake, it does not seem to 
me prudent for one Legislature to commit succeeding Legis- 
latures in advance to such a policy. Especially is this the 
case in regard to a railroad enterprise. With them unfore- 
seen contingencies are always presenting themselves ; and, 
as the system year by year develops, it undergoes perpet- 
ual changes which take even the most clear-sighted by 
surprise. The Tunnel line, for instance, was built to 
insure railroad competition ; but the roads with which 
that line is to compete are also connecting roads with it. 

With the well-known astuteness of railroad officials 
brought to bear on the subject, it is easy to conceive the 
possibility of making a few apparently harmless contracts, 
outside or inside of the State, through which the Com- 
monwealth might too late find itself committed for the 
space of seven years to a practical paralysis of the whole 
Tunnel enterprise. 



758 SPECi^y;. Messages. 

If it were merely a question of policy as respects a 
business enterprise, however, I should not perhaps feel 
compelled to withhold my consent from this bill. But, 
from a political point of view, the case is even stronger. 
In my last annual address to the Legislature I took occa-r 
sion to express the opinion that the management of a 
railroad enterprise by the Governor and Council was "not 
in accordance either with the best interests of the })roperty 
nor with the proper functions of the executive department 
of the government." And I asked "your consideration 
of the relief of the executive department of its charge." 
Further reflection and experience have only served to con- 
firm me in the soundness of these views. When the Act 
of 1875 establishing the so-called Toil-Gate System was 
approved by my predecessor in oifice, the completion of 
the Tunnel was the work in hand, the case was excep- 
tional, and the dutj^ imposed on the executive was appar- 
ently temporary. This is no longer so. The present bill 
imposes on the executive department, for a long period, 
and as part of an established policy, the duties of a board 
of railroad directors, and not only this. It is further 
made the business of the Governor and Council to guard 
vast interests by the intelligent approval, not only of all 
the contracts having more than six months to run, made 
by a number of railroad corporations with the Common- 
wealth, but also of those made by those corporations with 
each other. A for more intimate knowledije of railroads 
and their management than those not trained to the work 
usually possess, is therefore imperatively demanded, not 
only from myself, but, ex officio, from all my successors. 
I can but again say that I do not think the management of 
a rnih-oad any proper part of the functions of the Governor 
of Massachusetts. The people do not elect him with a 
view to his qualifications in this respect, and the present 
bill calls, moreover, for specific qualifications of a very 
high order. 

Whether the Conmionwealth ever should embark in any 
purely business enterprise, is a question in regard to which 
I cannot but entertain the gravest doubts ; doubts which 
the Tunnel experience of Massachusetts has gone far to 
confirm. In the i)resent case, however, the thing has been 
done ; and the question of doing it is no longer to be 
considered. I can entertain no doubt that every public 
consideration demands that whatever enterprises of this 



Special Messages. 759 

nature the Commonwealth may undertake, its business 
interests in them should be kept carefully distinct from its 
political functions ; and that neither the Governor of the 
State should be ex officio president of its state railroad, 
nor the treasury of the State the treasury of a business 
enterprise. The present bill, therefore, I regard as pecul- 
iarly open to objection, in that it permanently imposes on 
the executive department of the government, functions of 
a purely commercial character never contemplated in the 
constitution. 

Under the circumstances of a choice between the pro- 
visions of the bill under consideration and the Toll-Gate 
Plan as now untrammelled, I cannot but think it better to 
adhere to the latter as a tentative measure until some more 
satisfactory solution of the Tunnel question has been ac- 
complished. 

[To the Senate, May 17.] 

I herewith return to the honorable Senate in which it 
originated, a bill entitled "An Act authorizing the appoint- 
ment of Trustees of the State Lunatic Hospital at Dan vers," 
and respectfully ask its further consideration for the follow- 
ing reasons : 

The first section of the bill provides for the appointment 
of a board of trustees for the Dan vers Hospital, with like 
powers and duties of similar trustees for the other lunatic 
hospitals of the State, and meets my approval as necessary 
legislation to provide for the government of this institution. 

The second section provides that the trustees so appoint- 
ed shall immediately supersede the commissioners who 
were appointed under chapter 239 of the Acts of 1873, 
and who now have charge of the erection of the hospital 
buildings, in the completion of work not included in the 
contracts made by said commissioners ; with the further 
provision that on and after the first day of July next, said 
trustees shall assume full and exclusive management and 
control of said hospital and all matters and contracts 
relating thereto. 

By chapter 239 of the Acts of 1876 the sum of $450,000 
was appropriated to be expended by the commissioners for 
the object, and under the conditions of their appointment ; 
"provided, that no expenditure shall be authorized, and no 
part of said appropriation shall be paid until contracts 
have been made, with sufficient guaranty for their per- 



760 Special Messages. 

formance, to the satisfaction of the Governor and Council, 
for the entire completion and iinishing of the hospital and 
all its appurtenances, ready for use and occupation, for a 
sum not exceeding six hundred thousand dollars." 

Under this provision, the commissioners executed a con- 
tract for the completion of the work on the buildings, and 
in the engineer's department, for the sum of $400,000 ; 
and a smaller contract for building a barn, etc., for 
$29,728. These contracts are now in process of execu- 
tion under the direction of the commissioners, and there 
are no other important expenditures of money to be made 
by them. It would appear, therefore, that no injury, under 
any circumstances, is likely to accrue to the public interest 
from the continuance of the services of the commissioners 
to the completion of the contracts ; while, on the other 
hand, it seems improbable that any board of trustees, 
appointed as their successors, could have an equally intel- 
ligent comprehension of their nature and proper fulHlment. 

Moreover, the General Court at its present session, by 
chapter 137 of the Acts of 1877, ratified and confirmed the 
doings of these commissioners in submitting to reference 
the claim of Edwin Adams v. the Commonwealth, arising 
out of his contracts upon these hospital buildings. This 
claim embraces five hundred and seventy-eight items, 
amounting in the aggregate to about $45,000, of which 
about $25,000 is in dispute. By the term of the submis- 
sion, the report of the arbitrators must be made to the 
supreme judicial court of the county of Suft'olk, on or 
before the nineteenth day of September next. I am 
advised that the interests of the Commonwealth cannot 
be properly protected before the arbitrators without the 
official presence and aid of these commissioners. It 
would, therefore, seem that the services of the commis- 
sioners cannot be dispensed with, consistently with the 
public interests, until the contracts are substantially ful- 
tilled and the arbitration ended. 



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