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ACTS

RESOLVES

PASSED BY THE

(^tnul (^m\i 4 ^mmthuuii

K^ Vli«jf

Ef THE YEAR

1878,

TOGETHER WITH

THE CONSTITUTION, THE MESSAGES OF THE GOVERNOR.

LIST OF THE CIVIL GOVERNMENT, CHANGES

OF NAMES OF PERSONS,

ETC., ETC.

PUBLISHED BY THE

SECRETARY OF THE COMMONWEALTH.

]-^ q,r.v-|, B <y^t'iy\.<^^

BOSTON :
Ifilanti, ^&£rg, $c Co., printers to tf)£ Comtnoninealt^,

117 Franklin Street.
1878.

A CONSTITUTION

FOEM OF GOVERNMENT

rOB THE

Commontaealt}) of IKassacjjusetts*

PREAMBLE.

The end of the institution, maintenance and admistra- 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 Body politic,
individuals : it is a social compact, by which the whole i^^ati^! '
peojDle 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 Legis-
lator of the universe, in affording us, in the course of his
providence, an opportunity, deliberately and peaceably,
without fraud, violence or surprise, of entering into an
original, explicit and solemn compact with each other;

CONSTITUTION OF THE

and of forming a new constitution of civil government for
ourselves and posterity ; and devoutly imploring his direc-
tion in so interesting a design, do agree upon, ordain and
establisli the following Declaration of Rights and Frame of
Crovermnent, as the Constitution of the Common-
wealth OP Massachusetts.

PART THE FIRST.

Equality and
natural rights
of all men.

Right and duty
of public reli-
gious worship.

Protection
therein.

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

Legislature em-
powered to com-
pel provision for
public worship;

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

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

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

[III. *As the happiness of a people, and the good order and preserva-
tion of civil government, essentially depend upon piety, religion and
morality; and as these cannot be generally diffused through a com-
munity, but by the institution of the public worship of God, and of
public instructions in piety, religion and morality: Therefore, to pro-
mote their happiness, and to secure the good order and preservation of
their Government, the people of this Commonwealth have a right to
invest their legislature with power to authorize and require, and the
legislatm'e shall, from time to time, authorize and require the several
towns, parishes, precincts, and other bodies politic, or religious socie-
ties, to make suitable provision, at their own expense, for the institu-
tion of the public worship of God, and for the support aud mainte-
nance of public Protestant teachers of piety, religion and morality, in
all cases where such provision shall not be made voluntarily.

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

COMMONWEALTH OF IMASSACHUSETTS.

And the people of this Commonwealth have also a right to, and do,
invest their legislature with authority to enjoin upon all the subjects
an attendance upon the instructions of the public teachers aforesaid,
at stated times and seasons, if there be any on whose instructions they
can conscientiously and conveniently attend.

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

And all moneys, paid by the subject, to the support of public worshiji,
and of the public teachers aforesaid, shall, if he require it, be uniformly
applied to the support of the public teacher or teachers of his own
religious sect or denomination, provided there be any on whose instruc-
tions he attends ; otherwise it may be paid towards the support of the
teacher or teachers of the parish or precinct in which the said moneys
are raised.

And eveiy denomination of Christians, demeaning themselves peace-
ably, and as good subjects of the Commonwealth, 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.]

IV. Tlie people of this Commonwealth have the sole and
exclusive right of governing themselves as a free, sovereign
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
being derived from them, the several magistrates and offi-
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
any other title to obtain advantages, or particular and ex-
clusive privileges, distinct from those of the community,
than what arises from the consideration of services ren-
dered to the public ; and this title being in nature neither
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 ;
for the protection, safety, prosperity and happiness of the
people ; and not for the profit, honor or private interest of
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.

and to enjoin at-
tendance there-
on.

Exclusive right
of electing reli-
gious teueliers
secured.

Option as to
whom parochii'.l
taxes may be
paid, unless, &c.

All denomina-
tions equally
protected.
Subordination
of one sect to
another pro-
hibited.
Right of self-
governmeut
secured.

Accountability
of all officers, ace.

Services ren-
dered to the
public being the
only title to
peculiar pri\i-
leges, heredi-
tary offices are
absurd and un-
natural.

Objects of gov-
ernment; right
of people to
institute and
change it.

CONSTITUTION OF THE

Right of people
to secure rota-
tion in office.

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

Right of protec-
tion and duty of
contribution
correlative.

Taxation found-
ed on consent.

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

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

Prosecutions
regulated.

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

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

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

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

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

COMMONWEALTH OF MASSACHUSETTS.

And the legislature shall not make any laAV that shall
subject any person to a capital or infamous punishment,
excepting for the government of the army and navy, with-
out trial by jury.

Xni. In criminal prosecutions, the verification of facts,
in the vicinity where they happen, is one of the greatest
securities of the life, liberty and property of the citizen.

XIV. Every subject has a right to be secure from all
unreasonable searches and seizures of his person, his
houses, his papers, and all his possessions. All warrants,
therefore, are contrary to this right, if the cause or founda-
tion of them be not previously supported by oath or
affirmation, and if the order in the warrant to a civil officer,
to make search in suspected places, or to arrest one or
more suspected persons, or to seize their property, be not
accompanied with a special designation of the persons or
objects of search, arrest or seizure : and no warrant ought
to be issued but in cases, and with the formalities, pre-
scribed by the laws.

XV. In all controversies concerning property, and in
all suits between two or more persons, except in cases
in which it has heretofore been otherways used and
practised, the parties have a right to a trial by jury ; and
this method of procedure shall be held sacred, unless, in
causes arising on the high seas, and such as 'relate to
mariners' wages, the legislature shall hereafter find it
necessary to alter it.

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

XVII. The people have a right to keep and to bear
arms for the common defence. And as, in time of peace,
armies are dangerous to liberty, they ought not to be
maintained without the consent of the legislature; and
the military power shall always be held in an exact sub-
ordination to the civil authority, and be governed by it.

XVIII. A frequent recurrence to the fundamental
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 atten-
tion to all those principles, in the choice of their officers
and representatives : and they have a right to require of
their lawgivers and magistrates, an exact and constant ob-
servance of them, in the formation and execution of the

Right to trial by
jury in criminal
cases, except,
&c.

Crimes to be
proved in the
vicinity.

Right of search
and seizure reg-
ulated.

Right to trial by
jury sacred, ex-
cept, &c.

Liberty of the
press.

Right to keep
and bear arms.
Standing armies
dangerous.

Military power
subordinate to
civil.

Moral qualifica-
tions for office.

Moral obliga-
tions of law-
givers and
magistrates.

CONSTITUTION OF THE

Right of people
to instruct rep-
resentatives and
petition legisla-
ture.

Power to 8U8-
pcndthe laws or
their execution.

Freedom of de-
bate, See, and
reason thereof.

Frequent ses-
Bions, and ob-
jects thereof.

Taxation found-
ed on consent.

Ex post facto
laws prohibited.

Legislature not
to convict of
treason, &c.

Excessive bail
or fines, and
cruel punish-
ments, pro-
hibited. '

No soldier to be
quartered in any
house, unless,

Citizens exempt
from law-mar-
tial, unless, &c.

laws necessary for the good administration of the Com-
monwealth.

XIX. The people have a right, in an orderly and
peaceable manner, to assemble to consult upon the com-
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.

XX. The power of suspending the laws, or the execu-
tion of the laws, ought never to be exercised but by the
legislature, or by authority derived from it, to be exercised
in such particular cases only as the legislature shall ex-
pressly provide for.

XXI. The freedom of deliberation, speech and debate,
ill either house of the legislature, is so essential to the
rights of the people, that it cannot be the foundation of
any accusation or prosecution, action or complaint, in any
other court or place whatsoever.

XXII. The legislature ought frequently to assemble
for the redress of grievances, for correcting, strengthening
and confirming the laws, and for making new laws, as the
common good may require.

XXIII. No subsidy, charge, 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.

XXIV. Laws made to punish for actions done before
the existence of such laws, and which have not been de-
clared crimes by preceding laws, are unjust, oppressive
and inconsistent with the fundamental principles of a free
government.

XXV. No subject ought, in any case, or in any time,
to be declared guilty of treason or felony by the legislature.

XXVI. No magistrate or court of law shall demand
excessive bail or sureties, impose excessive fines, or inflict
cruel or unusual punishments.

XXVII. In time of peace, no soldier ought to be
quartered in any house without the consent of the owner ;
and in time of war, such quarters ought not to be made
but b}' the civil magistrate, in a manner ordained by the
legislature.

XXVIII. No person can in any case be subjected to
law-martial, or to any penalties or pains, by virtue of that
law, except those employed in the army or navy, and
except the militia in actual service, but by authority of the
legislature.

COMMONWEALTH OF MASSACHUSETTS.

XXIX. It is essential to the preservation of tlie rights
of every individual, his life, liberty, property and charac-
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-
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
standing laws.

XXX. In the government of this Commonwealth, the
legislative department shall never exercise the executive
and judicial powers, or either of them : the executive shall
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.

Judges of 6U-
prc-me judicial
court.

Tenure of their
office.

Salaries.

Separation of
executive, ju-
dicial and le-
gislative depart-
ments.

PART THE SECOND.

The Frame of Crovernment.

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 oe Massachusetts.

CHAPTER I.
THE LEGISLATIVE POWER.

Section I.
The Creneral Court.

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

The legislative body [shall assemble every year on the see amend-
last Wednesday in May, and at such other times as they "'^''^'' "^"^ ^•
shall judge necessary ; and shall dissolve and be dissolved

CONSTITUTION OF THE

Governor's veto.

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

See amend-
ments, Art. I.

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

Courts, &c.,
may administer
oaths.

on the day next preceding the said last Wednesday in
May; and] shall be styled, The General Court op
Massachusetts.

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

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

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

IV. And further, full power and authority are hereby

COMMONWEALTH OF MASSACHUSETTS.

given and granted to the said general court, from time
to time, to make, ordain and establish all manner of whole-
some and reasonable orders, laws, statutes and ordinances,
directions and instructions, either with penalties or with-
out, so as the same be not repugnant or contrary to this
constitution, as they shall judge to be for the good and
welfare of this Commonwealth, and for the government
and ordering thereof, and of the subjects of the same, and
for the necessary support and defence of the government
thereof; and to name and settle annually, or provide by
fixed laws, for the naming and settling, all civil officers
within the said Commonwealth, the election and constitu-
tion of whom are not hereafter in this form of government
otherwise provided for ; and to set forth the several duties,
powers and limits, of the several civil and military officers
of this Commonwealth, and the forms of such oaths, or
affirmations as shall be respectively administered unto them
for the. execution of their several offices and places so as
the same be not repugnant or contrary to this constitu-
tion ; and to 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 upon any produce, goods, wares, mer-
chandise and commodities whatsoever, brought into, pro-
duced, manufactured, or being within the same ; to be
issued and disposed of by warrant, under the hand of the
governor of this Commonwealth, for the time being, with
the advice and consent of the council, for the public ser-
vice, in the necessary defence and support of the govern-
ment of the said Commonwealth, and the protection and
preservation of the subjects thereof, according to such acts
as are or shall be in force within the same..

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

General court
niav eiiiict laws,

not repiitrnant
to the constitu-
tion;

may provide for
the election or
appointment of
officers ;

prescribe their
duties ;

impose taxes ;

duties and
excises ;

to be disposed
of for defence,
protection, Sec,

Valuation of es-
tates once in ten
years, at least,
while, &c.

CONSTITUTION OF THE

Senate, number
of, and by whom
elected.

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

Counties to be
districts, until,
&c.

See amend-
ments, Arts.

xni.audxxn.

Manner and
time of choosing
senators and
councillors.

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

See amend-
ments,Arts.m.,

XX.. xxm.

and XXIV.

Word " inhabit-
ant " defined.

CHAPTER I.
Section II.

Senate.

[Art. I. There shall be annually elected, by the freeholders and
other inhabitants of this Connnon wealth, qualified as in this constitu-
tion is provided, forty persons to be councillors and senators, for the
year ensuing their election; to be chosen by the inhabitants of th«
districts, into which the Commonwealth may, from time to time, be
dividedby the general court for that purpose: and the general coiu't.
in assigning the numbers to be elected by the respective districts,
shall govern themselves by the proportion of the public taxes paid by
the said districts: and timely make known, to the inhabitants of the
Commonwealth, the limits of each district, and the number of coun-
cillors and senators to be chosen therein: provided, that the number
of such districts shall never be less than tliirteen; 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 necessarj' to alter the said districts,
be districts for the choice of councillors and senators, (except that the
counties of Dukes county and Xantucket shall form one district for
that purpose,) and shall elect the following number for councillors
and senators, viz.: —

Suffolk, six; Essex, six; Middlesex, five; Hampshire, four; Plym-
outh, three; Barnstable, one; Bristol, three; York, two; Dukes coun-
ty and Nantucket, one; Worcester, five; Cumberland, one; Lincoln,
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 Monday
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 Monda}^ in April, for the
purpose of electing persons to be senators and councillors ;
and at such meetings every male inhabitant of twenty-one
years of age and upwards, having a freehold estate, within
the Commonwealth, of the annual income of three pounds,
or any estate of the value of sixty pounds, shall have a
right to give in his vote for the senators for the district of
which he is an inhabitant.] And to remove all doubts
concerning the meaning of the word "inhabitant," in this
constitution, every person shall be considered as an inhab-
itant, for the purpose of electing and being elected into
any office or place within this State, in that town, district
or plantation where he dwelleth or hath his home.

The selectmen of the several towns shall preside at such

COMMONWEALTH OF MASSACHUSETTS.

meetings impartially, and shall receive the votes of all the
inhabitants of such towns, present and qualified to vote
for senators, and shall sort and count them in open town
meeting, and in presence of the town clerk, who shall
make a fair record, in presence of the selectmen, and in
open town meeting, of the name of every person voted for,
and of the number of votes against his name ; and a fair
copy of this record shall be attested by the selectmen and
the town clerk, and shall be sealed up, directed to the
secretary of the Commonwealth, for the time being, with
a superscription expressing the purport of the contents
thereof, and delivered by the town clerk of such towns, to
the sheriff of the county in which such town lies, thirty
days at least before [the last Wednesday in jNIay, an-
nually, or it shall be delivered into the secretary's office
seventeen days at least before the said last Wednesday in
]\Iay ; and the sheriff of each county shall deliver all such
certificates, by him received, into the secretary's o£Sce,
seventeen days before the said last Wednesday in May.]

And the inhabitants of plantations unincorporated, qual-
ified as this constitution provides, who are or shall be
empowered and required to assess taxes upon them-
selves 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 meet-
ings for that purpose shall be held, annually, [on the same
first Monday in April,] at such place in the plantations,
respectively, as the assessors thereof shall direct ; which
assessors shall have like authority for notifj'ing the elect-
ors, collecting and returning the votes, as the selectmen
and town clerks have in their several towns, by this
constitution. And all other persons living in places unin-
corporated, (qualified as aforesaid,) who shall be assessed
to the support of government, by the assessors of an ad-
jacent 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.

ni. And that there may be a due convention of sen-
ators [on the last Wednesday in Ma}^] annually, the
governor, wdth five of the council, for the time being,
shall, as soon as may be, examine the returned copies of
such records ; and fourteen days before the said day, he
shall issue his summons to such persons as shall appear to

Sek'c'tinoii to
preside at town
meelijigs.

Rcturu of votes.

Sec amend-
ments, Art. II.

Amendments
Alt. X.

Inhabitants of
unincorporated
plantations, who
pay State taxes,
ma J' vote.

Plantation meet-
ings.

See amend-
ments. Art. X.

Assessors to
notify, &c.

Governor and
council to ex-
amine and count
votes, and issue
summonses.

See amend-
ments, Art. X.

CONSTITUTION OF THE

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

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

Vacancies, how
filled.

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

xni.andxxn.

Senate not to ad-
journ more than
two days.

Shall choose its
otlicers and es-
tablish its rules.

Shall try all im-
peachments.

be chosen by a majority of voters, to attend on that daj^
and take their seats accordingly ; [provided, nevertheless,
that for the first year, the said returned copies shall be
examined b}^ 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 aforsaid.]

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
Wednesday in May,] annually, determine and declare who
are elected by each district to be senators, [by a majority
of votes : and in case there shall not appear to be the full
number of senators returned, elected by a majority of
votes, for any district, the deficiency shall be supplied in
the following manner, viz. : The members of the house of
representatives, and such senators as shall be declared
elected, shall take the names of such persons as shall be
found to have the highest number of votes in such dis-
trict, and not elected, amounting to twice the number of
senators wanting, if there be so many voted for ; and out
of these, shall elect by ballot a number of senators suffi-
cient to fill up the vacancies in such district ; and in this
manner all such vacancies shall be filled up in every
district of the Commonwealth ; and in like manner all
vacancies in the senate, arising by death, removal out of
the State or otherwise, shall be supplied as soon as may
be after such vacancies shall hapi^en.]

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 th^ value of three hundred pounds at least, or possessed
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 inhabitant of this Commonwealtli for the
space of five years immediately preceding his election,
and, at the time of his election, he shall be an inhabitant
in the district for which he shall be chosen.

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

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

VIII. The senate shall be a court with full authority
to hear and determine all impeaclunents made b}^ the

COMMONWEALTH OF MASSACHUSETTS.

house of representatives, against any officer or officers of
tlie Commonwealth, for misconduct and mal-administration
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-
ment, however, shall not extend further than to removal
fi'om 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
constitute a quorum for doing business.

Oath.

Limitation of
sentence.

Quorum.

CHAPTER I.

Section IH.

House of Representatives.

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

[n. And in order to provide for a representation of the citizens of
this Commonwealth, founded upon the principle of equality, every cor-
porate town, containing one hundred and fifty ratable polls, may elect
one representative; every corporate town containing three hundred
and seventy-five ratable polls, may elect two representatives; every
corporate town, containing six hundred ratable polls, may elect three
representatives; and proceeding in that manner, making two hundred
and twenty-five ratable polls the mean increasing number for every
additional representative.

Provided, nevertheless, that each town now incorporated, not hav-
ing one hundred and fifty ratable polls, may elect one representative ;
but no place shall hereafter be incorporated vdth the privilege of
electing a I'epresentative, unless there are within the same one hun-
dred and fifty ratable poUs.]

Representation
of the people.

Representa-
tives, by whom
cho.sen.

See amend-
ments, Arts.
Xn., XIII.
and XXI.

Proviso as to
towns liaving
less than 150
ratable polls.

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

The expenses of travelhng to the general assembly, and Expense of trav-
returning home, once in every session, and no more, shall from^the genera!
be paid by the government, out of the public treasury, to court, how paid.
every member who shall attend as seasonably as he can, in

CONSTITUTION OF THE

Qualifications of
a representa.
live. See
amendments,
Arts. XUI.,
XIV. and XXI.

Qualifications of
a voter.

See amend-
ments,Arts. in.,
XX. and XXLU.
Representa-
tives, when
chosen.
See amend-
ments, Arts. X.
and XV.

House alone can
impeach.

House to origi-
nate all money
bills.

Not to adjourn
more than two
days at a time.

Quorum.
See amend-
ments, Art.
XXI.

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

the judgment of the house, and does not depart without
leave.

III. Every member of the house of representatives shall
be chosen by written votes ; [and, for one year at least next
preceding his election, shall have been an inhabitant of, and
have been seised in his own right of a freeliold of the value
of one hundred pounds, within the town he shall be chosen
to represent, or any ratable estate to the value of two hun-
dred pounds ; and he shall cease to represent the said town,
immediately on his ceasing to be qualified as aforesaid.]

[IV. Every male person being twenty-one years of age, and resi-
dent in any particular town in this Commonwealth, for the space of
one year next precedmg, having a freehold estate within the same
town, of the annual income of three pounds, or any estate of the value
of sixty povmds, shall have a right to vote in the choice of a represen-
tative or representatives for the said town.]

[V. The members of the house of representatives shall be chosen
annually in the month of May, ten days at least before the last
Wednesday of that month.]

VI. The house of representatives shall be the grand
inquest of this Commonwealth; and all impeachments
made by them shall be heard and tried by the senate.

VII. All money bills shall originate in the house of
representatives ; but the senate may propose or concur
with amendments, as on other bills.

VIII. The house of representatives shall have power
to adjourn themselves, provided such adjournment shall
not exceed two days at a time.

[IX. Not less than sixty members of the house of representatives
shall constitute a quorum for doing business.]

X. The house of representatives shall be the judge of
the returns, elections and qualifications of its own members,
as pointed out in the constitution ; shall choose their own
speaker, appoint their own officers, and settle the rules and
orders of proceeding in their own house. They shall have
authority to punish by imprisonment, eveiy person, not a
member, who shall be guilty of disrespect to the house, by
any disorderly or contemptuous behavior in its presence ;
or who, in the town where the general court is sitting, and
during the time of its sitting, shall threaten harm to the
body or estate of any of its members, for anything said or
done in the house ; or who shall assault any of them there-
for ; or who shall assault or arrest any witness, or other
person, ordered to attend the house, in his way in going
or returning ; or who shall rescue any person arrested by
the order of the house.

COMMONWEALTH OF MASSACHUSETTS.

And no member of the house of representatives shall be
arrested, or held to bail on mean process, during his going
unto, return from, or his attending, the general assembly.

XI. The senate shall have the same powers in the like
cases ; and the governor and council shall have the same
authority to punish in like cases : provided, that no im-
prisonment, on the warrant or order of the governor, coun-
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
determine all cases where their rights and privileges are
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.

Privileges of
members.

Senate.

Governor and
council may
punish.

General limita-
tion.

Trial may be by
committee, or
otherwise.

CHAPTER n.

EXECUTIVE POWER.

Section I.

G-overnor.

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

II. The governor shall be chosen annually ; and no per-
son shall be eligible to this office, unless, at the time of his
election, he shall have been an inhabitant of this Common- Quauscations
wealth for seven years next preceding ; and unless he shall,
at the same time, be seised, in his own right, of a freehold,
within the Commonwealth, of the value of one thousand
pounds ; [and unless he shall declare himself to be of the
Christian religion.]

To be chosen
annually.

See amend-
ments, Art. VII.

[III. Those persons who shall be qualified to vote for senators and By whom

representatives, within the several towns of this Commonwealth, shall, havrr'miiority

at a meeting to be called for that purpose, on the first Monday of April, of votes,
annually, give in their votes for a governor, to the selectmen, who

shall preside at such meetings ; and the town clerk, in the presence See amend-

and with the assistance of the selectmen, shall, in open town meeting, ment«, Arts, ii.,

sort and count the votes, and form a list of the persons voted for, with xv'^^^' ^^^
the number of votes for each person against his name ; and shall make
a fair record of the same in the town books, and a public declaration

CONSTITUTION OF THE

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

thereof in the said meeting; and shall, in the presence of the inhabit-
ants, seal np copies of the said list, attested by him and the selectmen,
and transmit the same to the sheriff of the county, thirty days at least
before the last AVednesday in May; and the sheriff shall transmit the
same to the secretary's office, seventeen days at least before the said
last Wednesday in May; or the selectmen may cause returns of the
same to be made, to the office of the secretary of the Commonwealth,
seventeen days at least before the said day; and the secretary shall lay
the same before the senate and the house of representatives, on the last
Wednesday in May, to be by them examined; and in case of an elec-
tion by a majority of all the votes returned, the choice shall be by
How chosen, them declared and published ; but if no person shall have a majority
when no person of votes, the house of representatives shall, by ballot, elect two out of
has a majority. Jq^^^ persons, who had the highest number of votes, if so many shall
have been voted for; but if otherwise, out of the nmnber voted for;
and make return to the senate of the two persons so elected; on which,
the senate shall proceed, by ballot, to elect one who shall be declared
governor.]

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

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

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

See amend-
ments, Art. X.

See amend-
ments. Art. X.

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

Governor and VI. lu cascs of disagreement between the two houses,

j'oum th^gen^'^' ^^^^ regard to the necessity, expediency or time of adjourn-

erai court in mcut or prorogation, the governor, with advice of the

cases, c, u cQ^j^Qi^^ shall liavc a right to adjourn or prorogue the gen-

COMMONWEALTH OF MASSACHUSETTS.

eral court, not exceeding ninety days, as he sliall determine "f.^t^^tv'^.'iayl"^
the public good shall require.

Vn. The governor of this Commonwealth, for the time Governor to be
being, shall be the commander-in-chief of the army and chlcir""'^"""
navy, and of all the military forces of the State, by sea and
land ; and shall have full power, by himself, or by any com-
mander, or other officer or officers, from time to time, to
train, instruct, exercise and govern the militia and navy ;
and, for the special defence and safety of the Common-
W'ealth, to assemble in martial array, and put in warlike
posture the inhabitants thereof, and to lead and conduct
them, and with them, to encounter, repel, resist, expel and
pursue, by force of arms, as well by sea as by land, within
or without the limits of this Commonwealth, and also to
kill, slay and destroy, if necessary, and conquer, by all fit-
ting ways, enterprises and means whatsoever, all and every
such person and persons as shall, at any time hereafter, in
a hostile manner, attempt or enterprise the destruction, in-
vasion, detriment or annoyance of this Commonwealth ;
and to use and exercise, over the army and navy, and over
the militia in actual service, the law-martial, in time of war
or invasion, and also in time of rebellion, declared by the
legislature to exist, as occasion shall necessarily require ;
and to take and surprise, by all ways and means whatso-
ever, all and every such person or persons, with their ships,
arms, ammunition and other goods, as shall, in a hostile
manner, invade or attempt the invading, conquering or
annoying this Commonwealth; and that the governor be
intrusted with all these and other powers incident to the
offices of captain-general and commander-in-chief, and ad-
miral, to be exercised agreeably to tlie rules and regula-
tions of the constitution, and the laws of the land, and not
otherwise.

Provided, that the said governor shall not, at any time Limitation,
hereafter, by virtue of any power by this constitution
granted, or hereafter to be granted to him by the legisla-
ture, transport any of the inhabitants of this Common-
wealth, or oblige them to march out of the limits of the
same, without their free and voluntary consent, or the con-
sent of the general court ; except so far as may be neces-
sary to march or transport them by land or water, for the
defence of such part of the State to which they cannot
otherwise conveniently have access.

VIII. The power of pardoning offences, except such Governor and
as persons maybe convicted of before the senate, by an don"offr™cJsr'
impeachment of the house, shall be in the governor, by and except. &,■

CONSTITUTION OF THE

But not before
conviction.

Alljudicial offi-
cers, &c., how
nominated and
appointed.
Sec amend-
ments, Arts.

XIV., xvn.

and XIX.

Militia officers,
how elected.

See amend-
ments, Art. V.

How commis-
sioned.

Election of
officers.

Major-generals,
how appointed
and commis-
sioned.

Vacancies, how
filled, in case,
&c.

Officers duly
commissioned,
how removed.
See amend-
ments, Art. rV.

Adjutants, &c.,
how appointed.

Adjutant-gen-
eral.

Army officers,
how appointed.

Organization of
militia.

with the advice of council ; but no charter of pardon,
granted by the governor, with advice of the council, be-
fore conviction, shall avail the party pleading the same,
notwithstanding any general or particular expressions
contained therein, descriptive of the offence or offences
intended to be pardoned.

IX. All judicial officers, [the attorney -general, the
solicitor-general, all sheriffs,] coroners [and registers of
probate,] shall be nominated and appointed by the gov-
ernor, by and with the advice and consent of the council ;
and every such nomination shall be made by the governor,
and made at least seven days prior to such appointment.

X. The captains and subalterns of the militia shall be
elected by the written votes of the train-band and alarm
list of their respective companies, [of twenty-one years of
age and upwards ;] the field officers of regiments shall be
elected by the written votes of the captains and subalterns
of their respective regiments ; the brigadiers shall be elect-
ed, in like manner, by the field officers of their respective
brigades ; and such officers, so elected, shall be commis-
sioned by the governor, who shall determine their rank.

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

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

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

[And no officer, du]y commissioned to command in the militia, shall
be removed from his office, bnt by the address of both houses to the
governor, or by fair trial in court-martial, pursuant to the laws of
the Commonwealth for the time being.]

The commanding officers of regiments shall appoint
their adjutants and quartermasters ; the brigadiers their
brigade-majors ; and the major-generals their aids ; and the
governor shall appoint the adjutant-general.

The governor with advice of council, shall appoint all
officers of the continental army, whom by the confederation
of the United States it is provided that this Commonwealth
shall appoint, — as also all officers of forts and garrisons.

The divisions of the militia into brigades, regiments and
companies, made in pursuance of the militia laws now in

COMMONWEALTH OF MASSACHUSETTS.

force, shall be considered as the proper divisions of the
militia of this Commonwealth, until the same shall be
altered in pursuance of some future law

XI.

No moneys shall be issued out of the treasury, of j^awn 'from the

Public boards
and ctrtain offi-
cers to make
quarterly re-
turns.

this Commonwealth and disposed of (except such sums as treasury
nifty 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
council, for the necessary defence and support of the Com-
monwealth, and for the protection and preservation of the
inhabitants thereof, agreeably to the acts and resolves of
the general court.

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

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

XUI. As the public good requires that the governor
should not be under the undue influence of any of the
members of the general court, by a dependence on them
for his support — that he should, in all cases, act with
freedom for the benefit of the public — that he should not
have his attention necessarily diverted from that object to
his private concerns — and that he should maintain the dig-
nity of the Commonwealth in the character of its chief ma-
gistrate — it is necessary that he should have an honorable
stated salary, of a fixed and permanent value, amply suffi-
cient for those purposes, and established by standing laws :
and it shall be among the first acts of the general court,
after the commencement of this constitution, to establish
such salary by law accordingly.

Salary of gov-
ernor.

CONSTITUTION OF THE

Salaries of jus-
tices of supreme
judicial court.

Salaries to be
enlarged, if in-
sufficient.

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 afore-
said, so established, are insufficient, they shall, from time
to time, be enlarged, as the general court shall judge proper.

CHAPTER II.
Section II.

Lieutenant-gov-
ernor; bis title
and CLUalilica-
tions.

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

How chosen.

President of
council.

Lieutenant-gov-
ernor a member
of, except, &c.

Lieutenant-gov-
ernor to be act-
ing governor, in
case, &c.

Lieutenant- Crovernor.

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 in the Common-
wealth, in the same manner with the governor ; and the
day and manner of his election, and the qualifications of
the electors, shall be the same as are required in the elec-
tion 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 alwa3^s
be a member of the council, except when the chair of the
governor shall be vacant.

III. Whenever the chair of the governor shall be vacant,
by reason of his death, or absence from the Commonwealth,
or otherwise, the lieutenant-governor, for the time being,
shall, during such vacancy, perform all the duties incum-
bent upon the governor, and shall have and exercise all the
powers and authorities, which, by this constitution, the
governor is vested with, when personally present.

COMMONWEALTH OF MASSACHUSETTS.

CHAPTER n.

Section III.

Council^ and the Manner of settling Elections by the Legis-
lature.

Art. I. There shall be a council, for advising the gov-
ernor in the executive part of the government, to consist
of [nine] persons besides the lieutenant-governor, whom
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 coun-
cillors, 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.

[ II. Xiue councillors shall be annually chosen from among the
persons returned for councillors and senators, on the last Wednesday
in May, by the joint ballot of the senators and representatives assem-
bled in one room; and in case there shall not be found, upon the first
choice, the whole number of nine persons who will accept a seat in
the council, the deficiency shall be made up by the electors aforesaid
from among the people at large; and the number of senators left, shall
constitute the senate for the year. The seats of the persons thus elected
from the senate, and accepting the trust, shall be vacated in the sen-
ate.]

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

[ IV. Not more than two councillors shall be chosen out of any one
district of this Commonwealth.]

V. The resolutions and advice of the council shall be
recorded in a register and signed by the members present ;
and this record may be called for, at any time, by either
house of the legislature ; and any member of the council
may insert his opinion, contrary to the resolution of the
majority.

VI. Whenever the office of the governor and lieuten-
ant-governor shall be vacant by reason of death, absence,
or otherwise, then the council, or the major part of them,
shall, during such vacancy, have full power and authority,
to do and execute, all and every such acts, matters and
things, as the governor or the lieutenant-governor might,
or could, by virtue of this constitution, do or execute, if
they, or either of them, were personally present.

Council.

See amend-
ments, Art.
XVI.

Number; from
whom, and how
chosen.

See amend-
ments, Arts. X.,
Xni. and XVI.

Senators becom-
ing councillors,
seats vacated.

Rank of council-
lors.

No district to
have more than
two.

Council to exer-
cise the power
of governor, in
case, &c.

CONSTITUTION OF THE

Elections may-
be adjourned
until, &c.

Ordftr thereof.

Amendments,
Arts. XVI. and
XXV.

[VII. And whereas the elections appointed to be made by this
constitution on the last Wednesday in May annually, by the two
houses of the legislature, may not be completed on that day, the
said elections may be adjourned from day to day, until the same shall
be completed. And the order of elections shall be as follows: the
vacancies in the senate, if any, shall first be filled up; the governor
and lieutenant-governor shall then be elected, provided there should
be no choice of them by the people; and afterwards the two houses
shall proceed to the election of the council.]

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

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

Secretary to
keep records; to
attend the gov-
ernor and coun-
cil, &c.

CHAPTER IL
Section IV.

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 pub-
lic treasury, upon the settlement and liquidation of the
public accounts, are their property, no man shall be eligi-
ble as treasurer and receiver-general more than five years
successively.

II. The records of the Commonwealth shall be kept in
the office of the secretarj', 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.

Tenure of all
commission offi-
cers to be ex-
pressed.

Judicial officers
to hold office
during good be-
havdor, except,
&c.

May be removed
on address.

JUDICIARY POWER.

Art. I. The tenure that all commission officers shall by
law have in their offices shall be expressed in their respec-
tive commissions. All judicial officers, duly appointed,
commissioned and sworn, shall hold their offices during
good behavior, excepting such concerning whom there
is different provision made in this constitution : provided,
nevertheless, the governor, with consent of the council,
may remove them upon the address of both houses of the
leofislature.

COMMONWEALTH OF MASSACHUSETTS.

n. Each branch of the legislature, as well as the gov-
ernor and council, shall have authority to require the
opinions of the justices of the supreme judicial court, upon
important questions of law, and upon solemn occasions.

III. In order that the people may not suffer from the
long continuance in place of any justice of the peace, who
shall fail of discharging the important duties of his office
with ability or fidelity, all commissions of justices of the
peace shall expire and become void in the term of seven
years from their respective dates ; and, upon the expira-
tion of an}'- commission, the same may, if necessary, be
renewed, or another person appointed, as shall most con-
duce to the well being of the Commonwealth.

IV. The judges of probate of wills, and for granting
letters of administration, shall hold their courts at such
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 coui'ts 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
from the judges of probate, shall be heard and determined by the gov-
ernor and council mitil the legislature shall, by law, make other pro-
vision.]

Justices of 8u-
isremo judicial
court to give
opinions when
required.

Justices of the
peace; tenure
of their office.

Provisions for
holding probata
courts.

Causes of mar-
riage and di-
vorce, how
determined.

CHAPTER IV.

DELEGATES TO CONGKESS.

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

CHAPTER V.

the univeesity at ca3ibridge, and encouragement
of literatuke, &c.

Section 1.
The University.
Art. I. Whereas our wise and pious ancestors, so early Harvard Coi-
as the year one thousand six hundred and thirty-six, laid ''^^®*

CONSTITUTION OF THE

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

Property de-
vised.

Gifts, grants,
and conveyances
confirmed.

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

Overseers estab-
lished by consti-
tution.

the foundation of Harvard College, in which university
many persons of great eminence have, by the blessing of
God, been initiated in those arts and sciences which quali-
fied them for public employments, both in church and
state ; and whereas the encouragement of arts and sciences,
and all good literature, tends to the honor of God, the
advantage of the Christian religion, and the great benefit
of this and the other United States of America, — it
is declared, that the President and Fellows of Hab-
VAKD College, in their corporate capacity, and their suc-
cessors in that capacity, their officers and servants, shall
have, hold, use, exercise and enjoy, all the powers, author-
ities, rights, liberties, privileges, immunities and franchises,
which they now have, or are entitled to have, hold, use,
exercise and enjoy ; and the same are hereby ratified and
confirmed unto them, the said president and fellows of
Harvard College, and to their successors, and to their
officers and servants, respectively, forever.

II. And whereas there have been, at sundry times, by
divers persons, gifts, grants, devises of houses, lands, tene-
ments, goods, chattels, legacies and conveyances, hereto-
fore made, either to Harvard College in Cambridge, in
New England, or to the president and fellows of Harvard
College, or to the said college, by some other description,
under several charters successively ; it is declared, that all
the said gifts, grants, devises, legacies and conveyances,
are hereby forever confirmed unto the president and fellows
of Harvard College, and to their successors, in the capacity
aforesaid, according to the true intent and meaning of the
donor or donors, grantor or grantors, devisor or devisors.

III. And whereas by an act of the general court of the
colony of Massachusetts Bay, passed in the year one thou-
sand six hundred and forty-two, the governor and deputy-
governor, for the time being, and all the magistrates of
that jurisdiction, were, with the president, and a number
of the clergy in the said act described, constituted the over-
seers 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-
ant-governor, council and senate of this Commonwealth,
are, and shall be deemed, their successors ; who, with the
president of Harvard College, for the time being, together
with the ministers of the congregational churches in the
towns of Cambridge, Watertown, Charlestown, Boston,
Roxbury and Dorchester, mentioned in the said act, shall

COMMONWEALTH OF MASSACHUSETTS.

be, and hereby are, vested with all the powers and author-
ity belonging, or in any way appertaining, to the over-
seers of Harvard College: provided, that nothing herein Power of aitera-
shall be construed to prevent the legislature of this Com- ui^e'^icgishTturef
monwealth from making such alterations in the govern-
ment of the said university, as shall be conducive to its
advantage, and the interest of the republic of letters, in as
full a manner as might have been done by the legislature
of the late Province of the Massachusetts Bay.

CHAPTER V.
Section II.
The Encouragement of Literature^ ^c.
Wisdom and knowledge, as well as virtue, diffused gen- Duty of legisia-
erally among the body of the people, being necessary for t"tes'7n'iii fu-*"
the preservation of their rights and liberties ; and as these ture pcnocis.
depend on spreading the opportunities and advantages of ments?Art.
education in the various parts of the country, and among •^'^^^^•
the different orders of the people, it shall be the duty of
legislatures and magistrates, in all future periods of this
Commonwealth, to cherish the interests of literature and
the sciences, and all seminaries of them ; especially the
university at Cambridge, public schools, and grammar
schools in the towns ; to encourage private societies and
public institutions, rewards and immunities, for the pro-
motion of agriculture, arts, sciences, commerce, trades,
manufactures, and a natural history of the country ; to
countenance and inculcate the principles of huma]iity and
general benevolence, public and private charity, industry
and frugality, honesty and punctuality in their dealings ;
sincerity, good humor, and all social affections, and gen-
erous sentiments, among the people.

CHAPTER VI.

OATHS AND SUBSCELPTIONS ; INCOMPATIBILITY OF AND
EXCLUSION FROM OFFICES; PECUNIARY QUALIFICA-
TIONS ; COMMISSIONS ; WRITS ; CONFIRMATION OF LAWS ;
HABEAS CORPUS ; THE ENACTING STYLE ; CONTINU-
ANCE OF OFFICERS ; PROVISION FOR A FUTURE RE-
VISAL OF THE CONSTITUTION, &C.

Art. I. [Any person chosen gov^ernor, lieuteuant-governoi", coun- Declaration of
cillor, senator or representative, and accepting the trust, shall, before '^^'•'='^1'^'^ "■^^

CONSTITUTION OF THE

legislative offi-
cers.

See amend-
ments, Art. Vn.

Declaration and
oaths of all offi-
cers.

See amend-
ments, Art. VI.

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 1 believe the Christian religion , and have
a firm persuasion of its truth; and that 1 am seised and possessed, in
my own right, of the property required by the constitution, as one
qualification for the office or place to which I am elected."

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

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

[ " I, A. B., do truly and sincerely acknowledge, profess, testify and
declare, that the Commonwealth of Massachusetts is, and of right
ought to be, a free, sovereign and independent State; and I do swear,
that I will bear true faith and allegiance to the said Commonwealth,
and that I will defend the same against traitorous conspiracies and
all hostile attempt? whatsoever; and that I do renounce and abjure all
allegiance, subjection and obedience to the king, queen or govern-
ment of Great Britain, (as the case may be,) and every other foreign
power whatsoever; and that no foreign prince, jierson, prelate, state
or potentate, hath, or ought to have, any jurisdiction, superiority, pre-
eminence, authority, dispensing or other power in, ia any matter, civil,
ecclesiastical or spiritual, within this Commonwealth; except the
authority and power whicli is or may be vested by tlieir constituents in
the congress of the United States : and I do further testify and declare,
that no man, or body of men, hath, or can have, any right to al)Solve
or discharge me from the obligation of this oath, declaration or affirma-
tion; and that I do make this acknowledgment, professsion, testimony,
declaration, denial, renunciation and abjuration, heartily and truly,
according to the common meaning and acceptation of the foregoing-
words, without any equivocation, mental evasion or secret reservation
whatsoever. So help me, God."]

" 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
aforesaid, shall be of the denomination of the people called Quakers,
and shall decline taking the said oaths, he shall make his affirmation
in the foregoing form, and subscribe the same, omitting the words, ■' 1
do swear," "and abjure," "oath or," "and abjuration," in the
first oath; and in the second oath, the words "swear and," and in

COMMOXWEALTH OF MASSACHUSETTS.

each of them the words, "So hel]i me, God;" su]>joinino- instead
thereof, " This I do under tlie pains and penalities of perjury."]

And the said oaths or affirmations shall be taken and
subscribed by the governor, lieutenant-governor and coun-
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 b}^ the legislature.

II. No governor, lieutenant-governor, or judge of the
supreme judicial court, shall hold any other office or place,
under the authority of this Commonwealth, except such as
by this constitution they are admitted to hold, saving that
the judges of the said court ma}^ hold the offices of justices
of the peace through the State ; nor shall they hold any
other place or office, or receive any pension or salarj^^ from
any other State, or government or power, whatever.

No person shall be capable of holding or exercising at
the same time, within this State, more than one of the fol-
lowing offices, viz.: judge of probate, sheriff, register of
probate, or register of deeds ; arid never more than any
two offices, which are to be held by appointment of the
governor, or the governor and council, or the senate, or
the house of representatives, or by the election of the
people of the State at large, or of the people of any county,
military offices, and the offices of justices of the peace ex-
cepted, shall be held by one person.

No person holding the office of judge of the supreme
judicial court — secretary — attorney-general — [solicitor-
gejieral] — treasurer or receiver-general — judge of probate
— commissary-general — [president, professor, or instructor
of Harvard College] — sheriff — clerk of the house of rep-
resentatives— register of probate — register of deeds —
clerk of the supreme judicial court — [clerk of the inferior
court of common pleas] — or officer of the customs, in-
cluding in this description naval officers — shall at the
same time have a seat in the senate or house of represen-
tatives ; but their being chosen or appointed to, and ac-
cepting the same, shall operate as a resignation of their
seat in the senate or house of representatives ; and the
place so vacated shall be filled up.

And the same rule shall take place in case any judge of
the said supreme judicial court, or judge of probate, shall

Oaths and affir-
mations, liow
administered.

Plurality of offi
ces prohibited tc
govornor, &c.,
except, &c.

See amend-
ments, Art.
VIU.

Same subject.

Incompatible
offices.

See amend-
ments, Art.
VUI.and

xxvn.

Same subject,

CONSTITUTION OF THE

Bribery, &c.,
operates dis-
qualification.

Value of money
ascertained.
Property quali-
fications.

See amend-
ments, Art.
XIII.

ProviBions re-
specting com-
missions.

Provisions re-
specting writs.

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 Comnionwer.lth, who shall in the
due course of law, have been convicted of bribery or cor-
ruption, in obtaining an election or appointment.

III. In all cases where suras 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 tlie
Commonwealth shall require.

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

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

VI. All the laws which have heretofore been adopted,
used and approved, in the Province, Colony or State of
Massachusetts Bay, and usually practised on in the courts
of law, shall still remain and be in full force, until altered
or repealed by the legislature ; such parts only excepted as
are repugnant to the rights and liberties contained in this
constitution.

VII. The privilege and benefit of the writ of habeas
corpus shall be enjoyed in this Commonwealth, in the most
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
acts, statutes and laws, shall be — "Be it enacted by the
Senate and House of Representatives, in General Court
assembled, and by the authority of the same."

Officers of for- C^^- To the end there may be no failure of justice, or danger arise

racr government to the Commonwealth, from a change of the form of government, all

continued until, officers, civil and military, holding commissions under the government

and people of Massachusetts Bay, in New England, and all other offi-

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

Benefit of

habeas corpus
secured, except,
&c.

The enacting
style.

COMMONWEALTH OF MASSACHUSETTS.

cers of the said government and people, at the time this constitution
shall take effect, shall have, hold, use, exercise and enjoy all the powers
and authority to them granted or committed, until other persons shall
be appointed in their stead; and all courts of law shall proceed in the •
execution of the business of their respective departments; and all the
executive and legislative officers, bodies and powers, shall continue in
full force, in the enjoyment and exercise of all their trusts, employ-
ments and authority, until the general court, and the supreme and
executive officers under this constitiition, are designated and invested
with their respective trusts, powers and authority.

X. In order the more effectually to adhere to the principles of the Provision for
constitution, and to correct those violations which by any means may icyising consti-
, J J.1 • 11 i i- I li. J.- i- "^ • '^ tution. Amend-

be made therein, as well as to lorm such alterations as from experience ments, Art. ix.

shall be found necessary, the general court, which shall be in the year
of our Lord one thousand seven hundred and ninety-five, shall issue
precepts to the selectmen of the several towns, and to the assessors of
the unincorporated plantations, directing them to convene the quali-
fied voters of their respective towns and plantations, for the purpose
of collecting their sentiments on the necessity or expediency of revis-
ing the constitution, in order to amendments.

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

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

XT. This form of government shall be enrolled on Provision for
parchment, and deposited in the secretary's office, and be pubSnlthis
a part of the laws of the land ; and printed copies thereof constitution,
shall be prefixed to the book containing the laws of this
Commonwealth, in all future editions of the said laws.

ARTICLES OF AMENDMENT.

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

Art. IL 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-

Bin, &c., not ap-
proved within
live daj's, not to
become a law, if
legislature ad-
journ in the
meantime.

General court
empowered to
charter cities.

CONSTITUTION OF THE

Proviso.

Qualifications of
voters for gover-
nor, lieutenant-
governor, sena-
tors and repre-
sentatives. 11
Pick. 538.
Sec amend-
ments, Arts.
XX., XXIII.
and XXVI.

Notaries public,
how appointed
and removed.

Vacancies in the
offices of secre-
tary and treas-
urer, how filled
in case, &c.
Bee amend-
ments, Art.

xvn.

wealth, and to grant to the inhabitants thereof such powers,
privileges and immunities, not repugnant to the constitu-
tion, as the general court shall deem necessary or expedient
for the regulation and government thereof, and to prescribe
the manner of calling and holding public meetings of the
inhabitants in wards or otherwise, for the election of offi-
cers under the constitution, and the manner of returning
the votes given at such meetings : provided, that no such
government shall be erected or constituted in any town not
containing twelve thousand inhabitants ; nor unless it le
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.

Art. III. Every male citizen of twenty-one years of
age and upwards, (excepting paupers and persons under
guardianship,) who shall have resided within the Common-
wealth one year, and within the town or district, in which
he may claim a right to vote, six calendar months next pre-
ceding any election of governor, lieutenant-governor, sen-
ators or representatives, and who shall have paid, by him-
self, or his parent, master or guardian, any state or county
tax, which shall, within two years next preceding such elec-
tion, have been assessed upon him, in any town or district
of this Commonwealth ; and also, every citizen who shall
be by law exempted from taxation, and who shall be in all
other respects qualified as above mentioned, shall have a
right to vote in such election of governor, lieutenant-gov-
ernor, senators and representatives ; and no other person
shall be entitled to vote in such elections.

Art. IV. Notaries public shall be appointed by the
governor, in the same manner as judicial officers are ap-
pointed, 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 ofRce of secretary or treasurer of the Commonwealth
shall become vacant from any cause, during the recess of the general
court, the governor, with the advice and consent of the council, shall
nominate and appoint, under such regulations as may be prescribed
by law,. a competent and suitable person to such vacant office, who
shall hold the same until a successor shall be appointed by the general
court.]

Whenever the exigencies of the Commonwealth shaK

COMMONWEALTH OF MASSACHUSETTS.

require tlie appointment of a commissarj^-general, he shall ^,^^'^^i^^!{',\q

be nominated, a]>pointed and commissioned, in such man- '!ii>i«>i',>t«i, in

ner as the legislature may, by law, prescribe. ca:,c, .c.

x\ll officers commissioned to command in the militia, Mintia officers,

, TP i^ . , ,11-1 liow removed.

may be removed irom oirice m such manner as the legisla-
ture may, by law, prescribe.

Aet. V. In the elections of captains and subalterns of ^"aptainrlnd
the militia, all the members of their respective companies, subalterns.
as well those under as those above the age of twenty-one
years, shall have a right to vote.

be taken
fficers.

Art. VI. Instead of the oath of allegiance prescribed ^'"^'^l/offi'
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- Proviso .• Qua-
nation called Quakers, and shall decline taking said oath, ^er may affirm.
he shall make his affirmation in the foregoing form, omit-
ting the word " swear," and inserting, instead thereof, the
word " affirm," and omitting the words " So help me, God,"
and subjoining, instead thereof, the words, " This I do
under the pains and penalties of perjury."

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

Art. VIII. No judge of any court of this Common-
wealth, (except the court of sessions,) and no person
holding any office under the authorit}^ 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-attorne3%] clerk
of any court, sheriff, treasurer and receiver-general, register
of probate, nor register of deeds, shall continue to hold his
said office after being elected a member of the Congress of
the United States, and accepting that trust ; but the accept-

Incompatibility
of offices.

CONSTITUTION OF THE

Amendments to
constitution,
bo n' made.

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 ex-
cepted.]

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

Art. X. The political year shall begin on the first
Wednesday of January, instead of the last Wednesday of
May ; and the general court shall assemble every year on
the said first Wednesday of January, and shall proceed, at
that session, to make all the elections, and do all the other
acts, wliich are by the constitution required to be made and
done at the session which has heretofore commenced on
the last Wednesday of May. And the general court shall
be dissolved on the day next preceding the first Wednesday
of January, without any proclamation or other act of the
governor. 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.

Meetings for the [The meeting for the choice of governor, lieutenant-governor, sen-
clioice of gover- ators and representatives, shall be held on tlie second Monday of No-
governorf&c?,*" veuiber in every year; but meetings may be adjourned, if necessary,

Commencement
of political year,

aad termination.

COMMONWEALTH OF MASSACHUSETTS.

for the choice of representatives, to the next day, and again to the wiicn tobohcM.

next succeeding day, but no further. But in case a second meeting 'J'^'y ^^ udjouin-

shall be necessary for the choice of representatives, such meetings gee amond-

shall be held on the foui'th Monday of the same month of November.] raents, An. xv

All the [other] provisions of the constitution, respect-
ing 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
commencement of the political year, shall be so far altered,
as to have like reference to the first Wednesday of Jan-
uary.

This article shall go into operation on the first day of go^i^o'opeit" ^'^
October, next following the day when the same shall be atiou.
duly ratified and adopted as an amendment of the consti-
tution ; and the governor, lieutenant-governor, councillors,
senators, representatives, and all other state officers, who
are annually chosen, and who shall be chosen for the cur-
rent year, when the same shall go into operation, shall hold
their respective offices until the first Wednesday of Janu-
ary then next following, and until others are chosen
and qualified in their stead, and no longer ; and the first
election of the governor, lieutenant-governor, senators and
representatives, to be had in virtue of this article, shall be
had conformably thereunto, in the month of November fol-
lowing the day on which the same shall be in force and go
into operation, pursuant to the foregoing provision.

All the provisions of the -existinff constitution, inconsist- inconsistent

. - / . . - . o. - , , in provisions an-

ent With the provisions herein contained, are hereby wholly uuUed.
annulled.

Art. XI. Instead of the third article of the bill of foStal^'^'
rights, the following modification and amendment thereof lisi^ed.
is substituted : —

" As the public worship of God, and instructions in piety,
religion and morality, promote the happiness and prosper-
ity of a people, and the security of a republican govern-
ment ; therefore the several religious societies of this Com-
monwealth, whether corporate or unincorporate, at any
meeting legally warned and holden for that purpose, shall
ever have the right to elect their pastors or religious teach-
ers, 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

CONSTITUTION OF THE

Census of rata-
ble' polls to be
taken in 1S37,
and docennially
thereafter.

Rcpresenta-
thes, Low ap-
portioned. See
amendments,
Arts. XTTT. and
XXI.

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

Fractions, how
represented.

Towns may
unite into repre-
sentative dis-
tricts.

The governor
and council to
determine the
number of rep-
resentatives to
which each town
is entitled.

New apportion-
ment to be made
once in every ten
years.

thenceforth shall not be liable for any grant or contract
which may be thereafter made or entered into by such so-
ciety ; and all religious sects and denominations, demean-
ing themselves peaceably, and as good citizens of the Com-
monwealth, shall be equally under the protection of the
law ; and no subordination of any one sect or denomina-
tion to another shall ever be established by law."

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

Any town having less than three hundred ratable polls shall be rep-
resented thus: The whole number of ratable polls, at the last preced-
ing decennial census of polls, shaU be multiplied by ten, and the product
divided by three hmidred; and such town may elect one representa-
tive as many years within ten years, as three hundred is contained in
the product aforesaid.

Any city or to-svn having ratable polls enough to elect one or more
representatives, with any nmnber of polls beyond the necessary num-
ber, may be represented, as to that surplus niunber, by multiplying
such surplus number by ten, and dividing the product by four hmidred
and fifty; and such city or town may elect one additional representa-
tive as many years, within the ten years, as fom* hmich'ed and fifty is con-
tained in the product aforesaid.

Any two or more of the several towns and districts may, by consent
of a majority of the legal voters present at a legal meeting in each of
said towns and districts, respectively, called for that purpose, and held
previous to the first day of July, in the year in which the decennial
census of polls shaU be taken, form themselves into a representative
district to continue until the next decennial census of polls, for the
election of a representative or representatives ; and such district shall
have all the rights, in regard to representation, wliich would belong to
a town containing the same number of ratable poUs.

The governor and council shall ascertain and determine, within the
months of July and August, in the year of our Lord one thousand
eight hundred and thirty-seven, according to the foregoing principles,
tlie number of representatives which each city, town and representa-
tive district is entitled to elect, and the number of years, within the
period of ten years then next ensuing, that each city, toMii and repre-
sentative district may elect an additional representative ; and where
any town has not a sufficient number of poUs to elect a representative
each year, then, how many years within the ten years, such town may
elect a representative ; and the same shall be done once in ten j'ears
thereafter, by the governor and council, and the nmnber of ratable
polls in each decennial census of polls shall determine the number of
representatives wliich each city, town and representative district may
elect as aforesaid; and when the nmnber of representatives to be

COMMONWEALTH OF MASSACHUSETTS.

elected by each city, town or representative district is ascertained and
determined as aforesaid, the governor shall cause the same to be pub-
lished forthwith for the information of the people, and that number
shall remain fixed and unalterable for the period of ten years.

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

Art. Xni. [A census of the inhabitants of each city and town, on
the first day of May, shall be taken and returned into the secretary's
office, on or before the last day of June, of the year one thousand eight
hundred and forty, and of every tenth year thereafter ; which census
shall determine the apportionment of senators and representatives for
the term of ten years.

The several senatorial districts now existing, shall be permanent.
The senate shall consist of forty members; and in the year one thou-
sand eight hundred and forty, and every tenth year thereafter, the
governor and council shall assign the number of senators to be chosen
in each district, according to the number of inhabitants in the same.
But, in all cases, at least one senator shall be assigned to each district.

The members of the house of representatives shall be apportioned
in the following manner: Every town or city containing twelve hun-
dred inhabitants, may elr^ct one representative; and two thousand four
hundred inhabitants shall be the mean increasing number, which shall
entitle it to an additional representative.

Every town containing less than twelve hundred inhabitants shall
be entitled to elect a representative as many times, within ten years,
as the number one hundred and sixty is contained in the number of
the inhabitants of said town. Such towns may also elect one repre-
sentative for the year in which the valuation of estates within the
Commonwealth shall be settled.

Any two or more of the several towns may, by consent of a major-
ity of the legal voters present at a legal meeting, in each of said towns,
respectively, called for that purpose, and held before the first day of
August, in the year one thousand eight hundred and forty, and every
tenth year thereafter, form themselves into a representative district, to
continue for the term of ten years; and such 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
representative, and the mean increasing number, which shall entitle a
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 population of the Commonwealth
shall have increased to seven hundred and seventy thousand, and for
every additional increase of seventy thousand inhabitants, the same
addition of one-tenth shall be made, respectively, to the said numbers
above mentioned.

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

Nine councillors shall be annually chosen from among the people
at lai'ge, on the first Wednesday of January, or as soon thereafter as
may be, by the joint ballot of the senators and representatives, as-

provisions an-
nulled.

Census of inhab-
itants to be
taken in 1840,
and decennially
thereafter, for
basis of repre-
sentation.
See amend-
ments. Art.
XXII.

Senatorial dis-
tricts declared
permanent.
See amend-
ments, Art.
XXII.

House of repre-
sentatives, how
apportioned.
See amend-
ments. Art.
XXI.

Small towns,
how represent-
ed.

Towns may
unite into repre-
sentative dis-
tricts.

Basis of repre-
sentation, and
ratio of in-
crease.

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

Councillors to
be chosen frora
the people at
large.

CONSTITUTION OF THE

See amend-
ments, Art.
XVI.

Qualifications of
councillors.

Freehold as a
qualification not
required.

Elections by the
people to bo by
plurality of
votes.

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

Eight council-
lors to be chosen
by the people.

Legislature to
district state.

Eligibility de-
fined.

Day and manner
of election, &c.

sembled in one room, who shall, as soon as may be, in like manner,
fill up any vacancies that may happen in the council, by death, resig-
nation or otherwise. No person shall be elected a councillor who has
not been an inhabitant of this Commonwealth for the term of five
years immediately preceding his election ; and not more than one coun-
cillor shall be chos3n from any one senatorial disti'ict in the Common-
wealth.]

No possession of a freehold, or of any other estate, shall
be required as a qualification for holding a seat in either
branch of the general court, or in the executive council.

Art. XIV. In all elections of civil officers by the peo-
ple of this Commonwealth, whose election is provided for
by the constitution, the person having the highest number
of votes shall be deemed and declared to be elected.

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

Art. XVI. Eight councillors shall be annually chosen
by the inhabitants of this Commonwealth, qualified to vote
for governor. The election of councillors shall be deter-
mined by the same rule that is required in the election of
governor. The legislature, at its first session after this
amendment shall have been adopted, and at its first session
after the next State census shall have been taken, and at
its first session after each decennial State census there-
afterwards, shall divide the Commonwealth into eight dis-
tricts of contiguous territory, each containing a number of
inhabitants as nearly equal as practicable, without dividing
any town or ward of a city, and each entitled to elect one
councillor : provided, liotvever, 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
has not been an inhabitant of the Commonwealth for the
term of five years immediately preceding his election. The
day and manner of the election, the return of the votes,
and the declaration of the said elections, shall be the same
as are required in the election of governor. Whenever
there shall be a failure to elect the full number of council-

COMMONWEALTH OF MASSACHUSETTS.

lors, the vacancies shall be filled in the same innnner as is vacancks, uow
required for filling vacancies in tlic 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
may be no delay in the organization of the government on organization of
the first Wednesday of January', the governor, witli at least ''8°^'='"™'-"
five councillors for the time being, shall, as soon as may be,
examine the returned copies of the records for the election
of governor, lieutenant-governor, and councillors ; and ten
days before the said first Wednesday in January he shall
issue his summons to such persons as appear to be chosen,
to attend on that day to be qualified accordingly ; and the
secretary shall lay the returns before the senate and house
of representatives on the said first Wednesday in January,
to be by them examined ; and in case of the election of
either of said officers, the choice shall be by them declared
and published ; but in case there shall be no election of
either of said officers, the legislature shall proceed to fill
such vacancies in the manner provided in the constitution
for the choice of such officers.

Art. XVn. The secretary, treasurer and receiver-gen-
eral, auditor, and attorney-general, shall be chosen annu-
ally, on the day in November prescribed for the choice of
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,
shall be such as are required in the election of governor.
In case of a failure to elect either of said officers on the
day in November aforesaid, or in case of the decease, in the
mean time, of the person elected as such, such officer shall
be chosen on or before the third Wednesday in January
next tliereafter, from the two persons who had the highest
number of votes for said offices on the day in November
aforesaid, b}' joint ballot of the senators and representatives,
in one room ; and in case the office of secretary, or treasurer
and receiver-general, or auditor, or attorney-general, shall
become vacant, from any cause, during an annual or special
session of the general court, such vacancy shall in like
manner be filled by choice from the people at large ; but if
such vacancy shall occur at any other time, it shall be sup-
plied by the governor by appointment, with the advice and

Election of sec-
retai-j-, treasur-
er, auditor and
attorney-gener-
al by tbe people

Vacancies, how
filled.

CONSTITUTIOX OF THE

To qualify with-
in ten days,
otherwise office
to be deemed va-
cant.

Qualification
requisite.

School moneys
not to he ap-
plied for secta-
rian schools.

Legislature to
prescribe for the
election of sher-
ifls, registers of
probate, &c., by
the people.

Reading consti-
tution in Enghsh
and writing,
necessary quali-
fications of vo-
ters.
Proviso.

Census of legal
voters and of in-
h.ibitants, when
taken, &c.

See General
Stat, chapter 20.

consent of the council. The person so chosen or ap-
pointed, duly qualified in other respects, shall hold his
office until his successor is chosen and duly qualified in his
stead. In case any person chosen or appointed to either
of the offices aforesaid, shall neglect, for the space of ten
daj's after he could otherwise enter upon his duties, to
qualify himself in all respects to enter upon the discharge
of such duties, the office to which he has been elected or
appointed shall be deemed vacant. No person shall be
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.

Art. XVIII. All moneys raised by taxation in the
towns and cities for the support of public schools, and all
moneys which may be appropriated by the State for the
support of common schools, shall be applied to, and ex-
pended in, no other schools than those which are conducted
according to law, under the order and superintendence of
the authorities of the town or city in which the money is
to be expended ; and such moneys shall never be appro-
priated to any religious sect for the maintenance, exclu-
sively, of its own school.

Art. XIX. The legislature shall prescribe, by general
law, for the election of sheriffs, registers of probate, com-
missioners of insolvency, and clerks of the courts, by the
people of the several counties, and that district-attorneys
shall be chosen b}^ the people of the several districts, for
such term of office as the legislature shall prescribe.

Art. XX. No person shall have the right to vote, or
be eligible to office under the constitution of this Common-
wealth, who shall not be able to read the constitution in
the English language and write his name : jy^ovided, how-
ever, that the provisions of this amendment shall not apply
to any person prevented by a physical disability from com-
plj'ing 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
and town, on the first day of May, shall be taken and re-
turned into the office of the secretary of the Common-
wealth, on or before the last day of June, in the year one
thousand eight hundred and fift^'-seven ; and a census of
the inhabitants of each city and town, in the year one

COMMONWEALTH OF MASSACHUSETTS.

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 hundred
and forty members, which shall be apportioned by the legis-
lature, at its first session after the return of each enumera-
tion as aforesaid, to the several counties of the Common-
wealth, equall}', 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
provided, be considered a part of the county of Plymouth ;
and it shall be the duty of the secretary of the Common-
wealth, to certify, as soon as may be after it is determined
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 and aldermen of the city of Boston, the county com-
missioners 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 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 rep-
resentatives to each county, assemble at a shire town of
their respective counties, and proceed as soon as may be, to
divide the same into representative districts of contiguous
territory, so as to apportion the representation assigned to
each county equally, as nearly as may be, according to the
relative number of legal voters in the several districts of
each count}^ ; and such districts shall be so formed that no
town or ward of a city shall be divided therefor, nor shall
any district be made which shall be entitled to elect more
than three representatives. Every representative, for one
year at least next preceding his election, shall have been
an inhabitant of the district for which he is chosen, and
shall cease to represent such district when he shall cease to
be an inhabitant of the Commonwealth. The districts in
each county shall be numbered by the board creating the

House to consist
of 210 members ;
representatives
to be appor-
tioned upon
basis of legal
voters.

Secretary shall
certify to offi-
cers authorized
to divide coun-
ties.

Meeting for di-
vision to be first
Tuesday in Au-
gust.

Proceedings.

Qualifications ol
representatives.

Districts to be
numbered, de-

CONSTITUTION OF THE

scribed and cer- Same, and a description of each, with the numbers thereof
tifled. Q^^^ ^j^Q number of legal voters therein, shall be returned

by the board, to the secretary of the Commonwealth, the
county treasurer of each county, and to the clerk of every
town in each district, to be filed and kept in their respec-
tive offices. The manner of calling and conducting the
meetings for the choice of representatives, and of ascer-
taining their election, shall be prescribed by law. Not less
than one hundred members of the house of representatives
shall constitute a quorum for doing business; but a less
number may organize temporarily, adjourn from day to
day, and compel the attendance of absent members.

One hundred
members a
quorum.

Census of voters
and inhabitants
to be taken.

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

Senate to consist
of i'O members.

Senatorial dis-
tricts, iscc.

Proviso.

Qualifications of
senators.

Sixteen mem-
bers a quorum.

Art. XXII. A census of the legal voters of each city
and town, on the first day of May, shall be taken and re-
turned into the office of the secretary of the Common-
wealth, on or before the last day of June in the year one
thousand eight hundred and fifty-seven ; and a census of
the inhabitants of each city and town, in the year one
thousand eight hundred and sixty-five, and of every tenth
year thereafter. In the census aforesaid, a special enumer-
ation shall be made of the legal voters, and in each city
said enumeration shall specify the number of such legal
voters aforesaid, residing in each ward of such city. The
enumeration aforesaid shall determine the apportionment of
senators for the periods between the taking of the census.
The senate shall consist of forty members. The general
court shall, at its first session after each next preceding
special enumeration, divide the Commonwealth into forty
districts of adjacent territory, each di^^uict to contain, as
nearly as may be, an equal number of legal voters, accord-
ing to the enumeration aforesaid : ^yrovided, however, that
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,
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
district for which he is chosen ; and he shall cease to rep-
resent such senatorial district when he shall cease to be an
inhabitant of the Commonwealth. Not less than sixteen
senators shall constitute a quorum for doing business ; but
a less number may organize temporarily, adjourn from day
to day, and compel the attendance of absent members.

COMMONWEALTH OF MASSACHUSETTS.

[Art. XXIIT. No person of foreign birth shall be entitled to vote,
or shall be eligible to office, nnless he shall have resided within the
jurisdiction of the United States for two years subse(iuent to his natu-
ralization, and shall be otherwise qualified, according to the constitu-
tion and laws of this Commonwealth: in-ovided, that this amendment
shall not affect the rights which any person of foreign birth possessed
at the time of the adoption thereof; and, provided, further, that it shall
not affect the rights of any child of a citizen of the United States, born
during the temporary absence of the parent therefrom.]

Art. XXIV. Any vacancy in the senate shall be filled
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
a failure of election, or other cause, the senate and house
of representatives shall, by concurrent vote, choose some
eligible person from the people of the district wherein such
vacancy occurs, to fill that office. If such vacancy shall
happen when the legislature is not in session, the governor,
with the advice and consent of the council, may fill the
same by appointment of some eligible person.

Art. XXVI. The twenty-third article of the articles of
amendment of the constitution of this Commonwealth,
which 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 two years subsequent to his naturalization, and
shall be otherwise qualified, according to the constitution
and laws of this Commonwealth : provided, that this
amendment shall not affect the rights which any person
of foreign birth possessed at the time of the adoption
thereof; and promVZec?, /Mr/* Agr, 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.

Art. XXVII. 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 in-
structor of Harvard College, is hereby annulled.

Residence of
two years rc-
qiiircil of naln-
rali/.ed citizen,
to entitle to 8uf
fraije or make
eligible to office.
See amendment,
Art. XXVI.

Vacancies in the
senate.

Vacancies in the
council.

Twenty-third
article of amend-
ments annulled.

Officers of Har-
vard College
may be ele^ ted
members of
general court.

THE FRAMING AND POPULAR ADOPTION OF THE
CONSTITUTION.

The Constitution of Massachusetts was agreed upon by delegates of
the people, in convention, begun and held at Cambridge, on the first
day of September, 1779, and continued by adjournments to the second

44 CONSTITUTION OF THE

day of March, 1780, when the convention adjourned to meet on the
fii'st Wednesday of the ensuing June. In the meantime the Constitu-
tion was submitted to the people, to be adopted by them, provided
two-thirds of the votes given should be in the affirmative. When the
convention assembled, it was found that the Constitution had been
adopted by the requisite number of votes, and the convention accord-
ingly Resolved, " That the said Constitution or Frame of Government
shall take place on the last Wednesday of October next; and not be-
fore, for any purpose, save only for that of making elections, agreea-
ble 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 people,
November 11, 1833.

The twelfth Article was adopted by the legislatures of the political
years 1835 and 1836, and was approved and ratified by the people, the
fourteenth day of November, 1836.

The thirteenth Article was adopted by the legislatures of the politi-
cal years 1839 and 1840, and was approved and ratified by the people,
the sixth day of April, 1840.

The fourteenth, fifteenth, sixteenth, seventeenth, eighteenth and
nineteenth Articles were adopted by the legislatures of the political
years 1854 and 1855, and were approved and ratified by the people, the
twenty-third day of May, 1855.

The twentieth^ twenty-first and twenty-second Articles were adopted
by the legislatm-es 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

COMMONWEALTH OF MASSACHUSETTS. 45

political years 1858 and 1859, and was approved and ratified by the
people on the ninth day of May, 1859.

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

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

The twenty-seventh Article was adopted by the legislatures of the
political years 1876 and 1877, and was approved and ratified by the
people on the sixth day of November, 1877.

INDEX.

Page
Adjutant-General, how appointed, ..•.••••. 20

Adjutants of regiments, how appointed, 20

AflSrmations. (See oaths and affirmations.)

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

Amendments to the Constitution, how made, 34

Apportionment of councillors, 37, 38, 39

" of representatives 15, 36, 37, 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, 31

Attorney-General, how appointed, 20

" how elected, 39, 40

" qualifications of, 40

" vacancy in office of, how filled, 39

Attorneys, district, how chosen, 40

Auditor, how chosen, 39

** qualifications of, 40

" vacancy in office of, how filled, ........ 39

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

Bills and Kesolves, to be laid before the governor for revisal, .... 10

" " to have the force of law, unless returned within five days, 10
** " to be void when not returned, if legislature adjourns within

five days, 31

" " 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

Census of inhabitants, when and how taken, 37, 40, 42

" of legal voters, when and how taken, 36, 40, 42

" of ratable polls, when and how taken, 36

INDEX.

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

" " to make quarterly returns,

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

" " may be recalled, and others commissioned,

" what offices may not be held by members of.

Constitution, amendments to, how made,

" revision of, in 1795, provided for, . . . ,

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

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 be sworn in presence of both houses,

" powers and quorum of,

" rank and qualifications of members of,

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

" resolutions and advice of, to be recorded, .

" vacancies in, how filled,

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

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

" clerks of, how chosen,

" of probate. (See Probate.)

" of record and jiidicatories, the general court may establish,
Crimes and oileuces, prosecutions for, regulated,

with

23,

Page

31,32

27
32,33
21
40
25
30
25
25
33
34
31

31
20

23
23

37,38
27
23

23,38
23
23

38,43

9,22

10
6,7

Debate, freedom of, in legislature, affirmed, 8

Declaration of rights, 4

Delegates to congress, how chosen, 25

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

District-attorneys, how chosen, 40

Districts, councillor, how established and arranged, 12, 38

Districts, representative, how formed, 41

" " towns may unite in, 36, 37

Districts, senatorial, how established and arranged, 12, 37, 42

Divorce and alimony, causes of, how determined, 25

Duties of civil and military officers, to be prescribed by legislature, ... 11

INDEX.

Elections, by legislatiare, order and adjournment of, . . , . .

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

" freedom of, affirmed,

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

Enacting style, established,

Encouragement of literature,

Enrolment. (See Constitution.)

Equality and natural rights recognized,

Estates, valuation of, when taken,

Executive power,

" not to exercise legislative or judicial powers,

Ex post facto laws, injustice of, declared,

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

Fines, excessive, prohibited,

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

Page
24

4
11
17

General Court, frequent sessions of, enjoined, ....

" " how formed,

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

■*' " may provide for the establishing of civil officers,

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

'* " may impose taxes, duties and excises,

'* " may constitute judicatories and courts of record,

" " may charter cities,

" " may be prorogued by governor and council,

" " when to assemble, and when to be dissolved, .

Government, frame of,

" executive, legislative and judicial departments of, lim

" objects of,

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

Governor, qualifications of,

" salary of,

" when and how chosen,

" official title of,

" to be sworn in presence of both houses,

*' the holding of other offices by, prohibited,

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

" may call councillors together at his 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 prorogue the legislature, .

" " shall examine election returns,

ts defined

31,

10, 11

31, 32

18,34

3,5

28, 35
21

oo, .j8
17
28

29, .33
19
18
19
10
10
18

13,39

INDEX.

Habeas corpus, benefit of, secured,

" " not to be suspended more than twelve months,

Ilarvard College, powers, privileges, grants, &c., confirmed to,

'• " who shall be overseers of, ... .

" " government of, may be altered by legislature,

" " officers may be elected members of general court.

House of Hepresentatives,

<' " members of, how apportioned and chosen,

37,
qualifications of members of, .... 15,
qualifications of voters for members of, . . 15,
to judge of the qualifications",&c.,of its own members,
to choose its own officers, establish its own rules, &c.,
may punish persons not members, for disrespect, &c.,
may try and determine all cases involving its rights

and privileges

shall be the grand inquest to impeach,

all money bills to originate in,

not to adjourn for more than two days, .

quorum of,

members of, exempt from arrest on mean process, .
towns may be fined for neglecting to return mem-
bers to,

travelling expenses of members of, how paid, .
oaths or affirmations of members of, how taken and
subscribed to, . . . ...

Page

25, 2G

15, 16

41,42

38, 41

32,40

16
16
16
16
16,42
17

' 15
15

29, 33

Impeachment, limitation of sentence for, .

Impeachments, how made and tried, ,

Incompatible ofl[ice3, enumeration of, .

"Inhabitant," word defined.

Inhabitants, census of, when taken, .

Insolvency, commissioners of, how chosen,

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

14, 15, 16
29, 33, 34

12
36, 40, 42

ned,

Judicatories and courts of record, legislature may establish,

" " " may administer oaths and affirmation

Judicial department, not to exercise legislative or executive powers,

" officers, how appointed,

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

" " may be removed on address of legislature.

Judiciary power,

Judges of courts, what other offices may not be held by, .
Judges of probate, shall hold courts ou fixed days, &c., .

10
10
0
20
24
24
24
33,34
23

INDEX. 51

Page

Judge of probate, appeals from, liow hoard and determined, .... 25

" " what other offices may not be held by, 33

Jury, right of trial by, secured, 7

Justices of the peace, tenure of office of, 25

*' " commissions of, may be renewed, 25

" supreme judicial court, tenure of office, and salaries of, . .9, 22, 24
" " " " what other offices may not be held, . . 29, 33
'■ " " " opinions of, may be required by execu-
tive or either branch of legislature, 25

Law-martial, persons not in army or navy, or actual militia service, not to be

subject to, but by authority of legislature, 8

Laws, every person to have remedy in, for injury to person or property, . . 6

" Ex. post facto, unjust and inconsistent with free government, . . 8

" not repugnant to Consittution, 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 apportionment, . 30, 37, 40, 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, 22

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

Literature, encouragement of, 27

Magistrates and officers, accountability of, 5

Major-Geuerals, how appointed and commissioned, 20

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

subject to, 8

Meetings, plantation, provisions respecting, 13

" town, selectmen to preside at, 12

Military power, to be subordinate to civil, 7

Militia offices, vacancies in, how filled, 20

" officers, how elected and commissioned, 20, 33

" " how removed, 20, 33

Militia, organizatjon of, into brigades, regiments and companies, confirmed, . 20

Money bills, to originate in house of representatives, 16

Money, liow drawn from tlie treasury, 21

" value of, how computed, 30

Moneys raised for support of common schools, n6t to be applied by religious

sects, 40

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

52 INDEX.

Page

Notaries Public, how chosen, 24

" " how apiDoiuted, tenure of office, &c., 32

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

" official, forms of, 27, 28, 33

" " how and by whom taken and subscribed, . . 27, 28, 29, 33

Oaths, affirmations substituted, in behalf of Quakers, 28, 33

Offences. (See Crimes and offences.)

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

" equal right of all to, affirmed, 6

" no person eligible to, who cannot read and write, 40

Offices, certain, incompatibility of, 29, 34

Officers, civil, legislature may provide for tlie naming and settling of, . . 11

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

continued in office, 30

Officers and magistrates, accountability of, 5

Officers, militia, how elected and commissioned, 20, 33

" " how removed, 20, 33

Offices, militia, vacancies in, how filled, 20

" incompatible, 29, 33, 34

" plurality of, prohibited to governor, lieutenant-governor, and judges, 29, 33, 34

Pardon, power of, vested in governor and council, 19

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

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

Petition and instruction, right of, affirmed, 8

Plantations, unincorporated, tax-paying inhabitants of, may vote for council-
lors and senators, 13

Plurality of votes, election of civil officers by, 38

Political year, when to begin and end, 34

Pol/s, ratable, census of, when taken, 36

Power, executive, 17, 18

" judiciary, 24

" legislative, 9

Press, liberty of, essential to freedom, 7

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

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

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

" registers of, how appointed, 20

" " election of, to be prescribed, 40

Property, private, not to be' taken for jmblic uses without compensation, . G

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

" " , " partially abolished, 38

INDEX.

Prosecutions, for crimes and offences, proceedings in, regiilated,
Public boards and officers, returns of, how, when and to whom made,

" officers, riglit of people witli reference to, ... .

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

" worship, the right and duty of,

" " legislature may require provision for,
Punishments, cruel and unusual, prohibited,

Page
G
21
5
5
4
4

Quakers, affirmation of, as public officers, 28, 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

" of representatives, 15, 38, 41

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

" of voters, 12, 13, lo, 32, 40, 43

" moral, of officers and magistrates, 7

Quorum of council, 18, 23, 39

" of house, 16, 42

" of senate, 15, 42

Eatable Polls, census of, when taken,

" " towns having less than 300, how represented,

*' " towns having less than 150, how represented,

Eeading 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, (fee,
" " persons belonging to, membership defined, ,

Representation, in council, basis of,

" in house,

" in senate,

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.,

15,

30
36
15

40
23

5, 35

36, 37, 41
12, 37, 42

21
. 13, IS

Salaries, of judges of supreme court, 9, 22

Salary, of governor, 21

INDEX.

Schools, money raised and appropriated for, how to be applied,
" sectarian, appropriation of money for, prohibited,

Search and seizAire, the right of every man to be secure from.

Secretary, treasurer, commissary, &c., ....

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

" " " duties of, ...

" " " may appoint deputies, &c.,

'* " " vacancy in office of, how filled,

and conduclini? elections, .

Selectmen, duties of, in callin
Self-government, right of, asserted,
Senate

" members of, number, and how chosen, .

" " qualifications of,

" members shall be sworn preliminary to trial of impeachment;

" " exempt from arrest on mean process,

" quorum of,

" vacancies in, how filled,

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

" not to adjourn more than two days,

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

" shall try impeachments,

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

" may determine all cases involving its rights and privileges,

Senators, apportionment of,

" oaths and affirmations, how taken and subscribed by,
Senatorial districts. (See Districts.)
Services, public, the only title to particular privileges.

Sheriffs, how appointed,

" how elected,

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

Solicitor-general, how appointed,

Standing armies, without consent of legislature, prohibited, .
Supreme Being, the public worship of, a right and duty, &c., .

" judicial court, tenure of office and salaries of judges of.
Sureties and bail, excessive, not to be demanded.
Suspension of laws, power of, only in legislature,

12, 32,
14,

12,

27,

Page

24,39

24,40

32, 39

12, 13

37,42

38, 42

15,42

14, 43

16, 17

37, 42

28, 29

5
20
40

8
20

4
9,22

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

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

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

Tests, religious, abolished,

Title, of governor,

" of lieutenant-governor,

Town meetings, selectmen to preside at, ....
Towns, having less than 300 ratable polls, how represented,
" having less than 150 ratable polls, how represented,

6, 8
11
13,32
33
17
22
13
36
15

INDEX.

Towns may unite in representative district,
Travel, expenses of, to and from the general court, how paid
•Treason and felony, leiiislature not to convict of,
Treasurer and lleceiver-CJ-eneral, how chosen, .
" _ " qualilication of,
" " eligibility limited to five years,
" '* vacancy in olflce of, how filled,
Trial, by jury, right of, secured,

•

Page

3G, 37

8
24, 39

-s,

40
24

cl,

32, 89

0,7

University at Cambridge, &c., . . . 25, 20

Vacancies in council, how filled, 38, 43

" in militia offices, how filled, 20

" in offices of secretary, treasurer, auditor, and attorney-general,

how fdled, 32, 39

•' in senate, how filled, 14

Valuation of estates, when taken, . H

Veto of bills and resolves, power of, conferred upon governor, ... 10

Vote, no person entitled to, who cannot read and write, 40

Voters, legal, census of, when taken, 40, 42

" qualifications of, . 12, 13, 15, o2, 40, 43

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

" returns of, by whom made, examined, &c., 1'5, 17, 39

Worship, public, the right and duty of all men, .
Writs, liow made, issued, &c., ....

4
30

Year, political, when to begin and end,

GENERAL STATUTES AND SPECIAL ACTS

MASSACHUSETTS.
1878.

The General Court of 1878 assembled on Wednesday, the
second day of January. The oaths of office required by the Consti-
tution to be administered to the Grovernor and Lieutenant-Governor
elect, were taken and subscribed by His Excellency Alexander H.
Rice and His Honor Hoeatio G. Knight, on Thursday, the third
day of January, in the presence of the two Houses assembled in
convention.

ACTS,

GENERAL, AISTD SPECIAL.

An Act making appropriations for the maintenance of Chap. 1

THE government FOR THE PRESENT TEAR.

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

as folloios :

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 expenses for
the year ending on the thirty-first day of December, in
the year eighteen hundred and seventy-eight, 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 decisions of the Reporter,
supreme judicial court, three hundred dollars.

For clerk hire and incidental expenses of the reporter Expenses.
of 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, Associate

fifty thousand dollars. j'^'*'''^*-

COURTS OF PROBATE AND INSOLVENCY.

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

1878. — Chapter 1.

Middlesex.
Worcester.

Essex.

Norfolk.
Bristol.

Plymouth.

Berkshire.

Hampden.

Hampshire.

Franklin.

Barnstable.
Nantucket.
Dukes County.

Middlesex.

Worcester.

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 Berksliire, 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 salary 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 dol-
lars.

For the salary of the register of probate and insolvency
for the count}^ of Suffolk, three thousand dollars ; and for
the salary of the assistant-register for said county, one
thousand five hundred dollars.

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

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

1878. —Chapter 1. t

for the salary of the assistant-register for said county, one
thousand five liundred dollars.

For the salary of the register of probate and insolvency Esses.
for the county of Essex, two thousand dollars ; and for
the salary of the assistant-register for said county, one
thousand five hundred dollars.

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

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

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 salar}^ 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 Franklin,
for the county of Franklin, one thousand four hundred
dollars.

For the salary of the register of probate and insolvency Bamstabie.
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.

DISTHICT-ATTORNEYS.

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

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

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

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

Attorney and
clerk —

Suflblk.

Assistant
attorney —
Suflfolk.

Second Assist-
ant attorney.

Attorney —

Eastern

district.

1878. — Chapter 2.

Northern
district.

Southern
district.

Middle district.

South-eastern
district.

Western
district.

North-western
district.

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

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

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

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

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

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

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

Approved January 30, 1878.

Chap. 2 An Act in additiok to "an act making appropriations

FOR THE MAINTENANCE OF THE GOVERNMENT DURING THE
PRESENT TEAR."

Be it enacted, &c., as follows:
Appropriations. SECTION 1. The suius hereinafter mentioned are appro-
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-eight,
to wit: —

LEGISLATIVE DEPARTMENT.

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

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

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

Clerks.

Sergeant-at-
arms.

Engineer and
watchmen.

Lieutenant-
governor and
council.

EXECUTIVE DEPARTMENT.

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

Secretary.

secretary's DEPARTMENT.

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

1878. — Chapter 2.

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

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

For the salary of the messenger in the secretary's depart- Messenger.
ment, one thousand dollars.

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

treasurer's department.

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

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

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

For the salary of the first assistant clerk in the treas- First assistant
urer's department, one thousand eight hundred dollars. ''''"'''■

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

tax commissioner s bureau.

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

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

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

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

Second clerk.

Additional

clerical

assistance.

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

din accounts,

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 depart- second cierk.
ment, one thousand eight hundred dollars.

For such additional clerical assistance as the auditor Additional

n ^ Till clerical

may find necessary, a sum not exceeding three thousand assistance.
dollars.

1878. — Chapter 2.

Attorney-
general.

Assistant.

attorney-general's department.

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

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

Commissioners
of savings
banks.

Insurance
commissioner.

Deputy.
First clerk.
Second clerk.
Extra clerk.

Additional

clerical

assistance.

Inspector of
gas-meters.

Secretary of
board of health.

Secretary of
commissioners
of prisons.

Railroad
commissioners.

Clerks.

Assayer and
inspector of
liquors.

Bureau of
statistics of
labor.

First clerk.

Clerical
services.

Land
conuuissionera.

COMMISSIONERS AND OTHERS.

For the salaries of the commissioners of savings banks,
six thousand six hundred dollars.

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

For the salary of the deputy insurance commissioner,
two thousand five hundred dollars.

For the salary of the first clerk of the insurance com-
missioner, two thousand dollars.

For the salary of the second clerk of the insurance
commissioner, one thousand five hundred dollars.

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

For such additional clerical assistance as the insurance
commissioner may find necessary, a sum not exceeding
eleven thousand dollars, payable from fees received for the
valuation of life policies.

For the salary and 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 hundred dollars.

For the salary of the secretary of the commissioners on
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 statis-
tics 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 svun not
exceeding five thousand dollars.

For the compensation of the land commissioners, a sum
not exceeding four thousand dollars.

1878. — Chapter 2.

AGRICULTURAL DEPARTMENT.

For the salary of the secretary of the board of agricul- secretary,
ture, two thousand five hundred dollars.

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

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

CHARITABLE DEPARTMENT.

For the salary 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
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
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 sick state poor may find necessary, a sum not exceed-
ing four thousand five hundred dollars.

Secretary.

Clerical
assistance.

General agent.

Clerical and
other assistance.

Visiting agent.

Clerical and
other assistance.

Agent of sick
state poor.

Clerical and
other assistance.

EDUCATIONAL DEPARTMENT.

For the salary and expenses of the secretary of the ^oardof

1 1 n -I • 1 1 • ^ 11111 education —

board oi education, two thousand nine hundred dollars. secretary,
For the salary of the assistant librarian and clerk of the cierk and

board of education, two thousand dollars.

For such additional clerical assistance in the state

library as may be found necessary, a sum not exceeding

two thousand and sixteen dollars.

assistant

Ubrarian.

Additional

clerical

asBistance.

1878. — Chapter 3. '

Adjutant-
general.

First clerk.

Second clerk.

Additional

clerical

assistance.

Surgeon-
general.

First clerk.
Second clerk.

Messenger.

Employes at
arsenal.

Clerical
assistance.

Mn.ITARY DEPARTMENT.

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

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

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

For such additional clerical assistance as the adjutant-
general may find necessary, a sum not exceeding five thou-
sand dollars.

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

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

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

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

For the compensation of the employes at the state ar-
senal, a sum not exceeding three thousand three hundred
dollars.

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

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

Approved January 30, 1878.

Chap. 3 An Act making appropriations for the compensation and

TRAVEL OF THE MEMBERS OF THE LEGISLATURE, FOR THE
compensation OF OFFICERS THEREOF, AND FOR OTHER PUR-
POSES.

Be it enacted, &c., as follows:

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

For the compensation of senators, a sum not exceeding
twenty-six thousand six hundred and fifty dollars.

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

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

For the mileage of representatives, a sum not exceed-
ing five hundred dollars.

Appropriations.

Senators —
Compensation

Mileage.

Representa-
tives —
Compensation

Mileage.

1878. — Chapters 4, 5, 6. 11

For the compensation of the preacher of the election Treacher of

1 1 1 T 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 doorkeepers, messengers ^^°^^|g''P.j,''*gj.g
and pages of the senate and house of representatives, a ^"^ ""^
sum not exceeding ten thousand dollars.

For the expenses of summoning witnesses before com- ^^^"f ^®*
mittees, and for fees of such witnesses, a sum not exceed- committees.
ing five hundred dollars.

For the authorized expenses of committees of the pres- Expenses of

• 1 1 1 • 1 • 1 J •Ij_ committees.

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

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

Approved January 30, 1878.

An Act in addition to an act entitled "an act fob the Chap. 4t

RELIEF OF THE EASTERN RAILROAD COMPANY, AND THE SE-
CURING OF ITS DEBTS AND LIABILITIES."

Be it enacted. &c., as follows:

Section 1. Whenever vacancies occur in the board Mode of fining
of directors chosen under the provisions of chapter two board°o7
hundred and thirty-six of the acts of the year eighteen directors.
hundred and seventy-six, such vacancies, if occurring
among the six directors chosen by the holders of certifi-
cates of indebtedness, shall be filled by the remaining
directors so chosen, and if occurring among the three
directors chosen by the stockholders, shall be filled by the
remaining directors so chosen.

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

Approved January 30, 1878.

An Act in further addition to an act relating to the Qhnn 5

MYSTIC river corporation. ^ '

Be it enacted, &c., as follows:

The time allowed for the completion of the improve- Time extended
ments authorized by the several acts relating to the Mystic ^o'iii'pfetion of
River Corporation is hereby extended ten years. improvements.

Approved January 30, 1878.

An Act in relation to the publication of rules to regu- Chap. 6

late the transportation of explosive compounds.
Be it enacted, &c., as follows:

Section 1. Section four of chapter two hundred and J/^°*i}°g|^g'°'^
sixteen of the acts of the year eighteen hundred and compounds.
seventy-seven is hereby amended so that the rules there-

18.78. — Chapters 7, 8, 9.

Amendment to
1874, 372, § 159.

Boundary line
established.

in provided for shall be published once a week during a
period of four weeks in one or more daily newspapers pub-
lished in the cities of Boston, Worcester and Springfield.
■ Section 2. This act shall take effect upon its passage.

Approved January 30, 1878.

Chap. 7 An Act in relation to notice op accidents on railroads

ATTENDED WITH LOSS OF LIFE TO ANY PERSON.

Be it enacted, &c., as follows :

Section one hundred and fifty-nine of chapter three
hundred and seventy-two of the acts of the year eighteen
hundred and seventy-four, is hereby amended by substitut-
ing for the word " coroner," where 'the same occurs in said
section, the words " medical examiner."

Approved February 11, 1878.

Chap. 8 An Act to change a part of the boundary line between

THE TOWNS OF HANOVER AND SOUTH SCITUATE.

Be it enacted, &c., as follows:

Section 1. That part of the town of Hanover lying
north of straight line extending westerly from a point in
Jacobs' mill pond, twenty-three feet north of a stone post
marked H. and S. now standing in the north side of the
dam of said pond, to the stone monument now standing in
the north line of Hanover, at the corner of the towns of
Rocldand and South Scituate, is hereby set off from the
town of Hanover and annexed to the town of South Scitu-
ate'; and that part of the town of South Scituate lying
south of said straight line, is hereby set off from the town
of South Scituate and annexed to the town of Hanover.

Section 2. The town of South Scituate shall pay to

the town of Hanover, within three months after this act

doUars!''"^^'^^^ shall take effect, the sum of two hundred and seventy-five

dollars, as the just compensation to which said town of

Hanover is entitled by reason of this act. .

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

Ap2)roved February 11, 1878.

Chap. 9 An Act to change the time of holding the june term

OF THE SUPERIOR COURT FOR CRIMINAL BUSINESS FOR THE
COUNTY OF MIDDLESEX.

Be it enacted, &c., asfolloios:
Criminal term to SECTION 1. The tcrm of thc supcrior court for crimi-
first Monday of ual busiucss, HOW holdcn at Cambridge, within and for the
^^^^' county of Middlesex, on the fourth Monday of June, shall

be holden on the first Monday of June.

Section 2. This act shall take effect on and after the

first day of January next. Approved February 11, 1878.

. South Scituate
to pay Hanover
two hundred

1878. — Chapters 10, 11, 12.

Sewage of state
prison not to
discharge into
Concord River.

An Act concerning the sewage of the state prison, in Chap. 10

THE TOWN OF CONCORD.

Be it enacted, tfcc, asfolloivs:

Section 1. The warden and board of inspectors of the
state prison, in the town of Concord, are hereby prohibited
from causing or permitting the discharge, through any
sewer or drain, of any portion of the sewage of said prison
into the Concord River or any of its tributaries, unless
said sewage shall have been purified or cleansed in a man-
ner satisfactory to the state board of health.

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

Approved February 13, 1878.

An Act to provide for the payment in gold coin, of (JJiap. 11

THE interest AND PRINCIPAL OF MASSACHUSETTS SCRIP OR
BONDS.

Be it enacted, &c., as follows:

The interest and principal of all scrip or bonds of the Bonds payable
Commonwealth of Massachusetts are payable, and when in gold coin.
due, shall be paid in gold coin or its equivalent.

Appiroved February 13, 1878.

An Act in relation to certain fire insurance companies

OF OTHER states.

Be it enacted, &c. , as follows :

Section 1. Fire insurance companies, incorporated
by or under the law of any state of the United States
other than the Commonwealth of Massachusetts, and by
such law authorized to issue policies of insurance upon
both the cash and mutual plans, are and shall be author-
ized to issue policies of insurance in this Commonwealth
for premiums payable wholly in cash : provided, that no
such company shall be permitted to transact business in
this Commonwealth until it shall have satisfied the insur-
ance commissioner that it is possessed of cash assets, over
and above all liabilites except unearned premiums, equal
to fifty per centum of all cash premiums on policies in
force, and that it has premium notes liable to assessment
amounting to the sum of at least two millions of dollars,
which notes may by law be or become a lien upon the
property insured and liable to assessment for the payment
of losses and expenses for their full amount ; and that it
has complied with all laws of this Commonwealth which
are applicable to such corporations ; and provided, further,
that no such fire insurance company shall have at risk in
any fire insurance district in this Commonwealth an
amount exceeding its net cash assets.

Chap. 12

Foreign compa-
nies, duly au-
thorized to
issue policies
upon both cash
and mutual
plans, may issue
policies for cash
premiums
wholly.
Proviso.

ProvlBo.

1878. —Chapters 13, 14.

County commis-
sioners may ap-
propriate money
for benefit of the
law library of
the county.

Proviso.

Repeal of 1875, SECTION 2. Chapter forty-two of the acts of eighteen
hundred and seventy-five is hereby repealed.

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

Approved February 15, 1878.

Chap. 13 An Act to provide moneys for the law library of frank-
lin COUNTY.

Be it enacted, &c., as follows:

The county treasurer of the county of Franklin shall
annually pay to the county law library association of that
county, such sums of money as the county commissioners
of that county may order, which money shall be used to
maintain and enlarge the law library belonging to that
county : provided, that after one thousand dollars shall
have been paid to said association, by virtue of this or
other laws, in any year, no further sums shall be payable
thereto from the county treasury in that year.

Approved February 15, 1878.

Chap. 14 An Act making appropriations for the expenses of the

STATE ALMSHOUSE, THE STATE WORKHOUSE, THE STATE PRISONS,
THE STATE PRIMARY SCHOOL, THE STATE REFORM SCHOOL FOR
BOYS, THE STATE INDUSTRIAL SCHOOL FOR GIRLS, THE STATE
DETECTIVE FORCE, AND FOR OTHER PURPOSES.

Be it enacted, &c., as follows:

Section 1. The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the Common-
wealth, from the ordinary revenue, unless otherwise
ordered, for the purpose of meeting the current expenses
of the institutions hereinafter named, and for other pur-
poses, during the year eighteen hundred and seventy-
eight, to wit : —

For the payment of salaries and wages at the state
almshouse at Tewksbury, a sum not exceeding nineteen
thousand six hundred dollars ; and for other current
expenses of said institution, a sum not exceeding seventj^-
two thousand four hundred dollars.

For the payment of salaries and wages at the state
primary school at Monson, a sum not exceeding fourteen
thousand eight hundred dollars ; and for other current
expenses of said institution, a sum not exceeding forty-
three thousand five hundred dollars.

For expenses of the general agent of the board of state
charities, a sum not exceeding two thousand dollars.

For expenses of the secretary of the board of state
charities, a sum not exceeding six hundred dollars.

For expenses of the visiting agent of the board of state
charities, a sum not exceeding four thousand dollars.

Appropriations.

State

almshouse,

Tewksbury.

State primary
school, Monson.

General agent's
expenses.

Secretary's
expenses.

Visiting agent's
expenses.

1878. — Chapter 14.

For expenses of the agent for the sick state poor, a sum
not exceeding two thousand five hundred dollars.

For travelling and other expenses of the board of state
charities, a sum not exceeding eight hundred dollars.

For the support and relief of state lunatic paupers in
state hospitals, and in the state asylum for the chronic in-
sane at Worcester, a sum not exceeding ninety-five thou-
sand dollars.

For the support of state paupers by cities and towns,
a sum not exceeding twenty thousand dollars.

For the burial of state paupers by cities and towns, a
sum not exceeding seven thousand dollars.

For the temporary support of state paupers by cities
and towns, a sum not exceeding forty thousand dollars.

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

For the support of pauper convicts, a sum not exceed-
ing five hundred dollars.

For the re-imbursement of the Massachusetts infant
asylum, for the support of infants having no known settle-
ment in the Commonwealth, a sum not exceeding eight
thousand dollars.

For the transportation of state paupers, to be expended
under the direction of the general agent of the board of
state charities, a sum not exceeding ten thousand dollars.

For the re-imbursement of cities and towns for expenses
incurred in the transportation of state paupers to the state
almshouse, a sum not exceeding one thousand dollars.

For expenses attending the management of cases of
settlement and bastardy, and in connection with com-
plaints of, or in behalf of, persons confined as lunatics, a
sum not exceeding two thousand dollars.

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

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

For the annuities due from the Commonwealth, incurred
by the acceptance of the bequests of' the late Martha
Johonnot, a sum not exceeding one thousand three hun-
dred dollars.

For other annuities, a sum not exceeding one thousand
seven hundred and fifty dollars.

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

Agent for sick
state poor.

Travelling
expenses.

Lunatic paupers
in hospitals.

Support by
cities and towns.

Burial of state
paupers.

Temporary
support.

Indian state
paupers.

Pauper convicts.

Infant asylum.

Transportation
of state paupers.

Re-imburse-
ment of cities
and towns for
transportation
to almshouse.
Cases of
settlement, &c.

Dangerous
diseases.

Idiotic and

feeble-minded

youth.

Johonnot
annuities.

Annuities.
Pensions.

1878. — Chapter 14.

Advisory board Fop expenscs incurred by the advisory board of women
women. ^^^ sundry institutions, a sum not exceeding six hundred
dollars.

State detective
force.

State prison.

State reform
ecbool.

State industrial
school.

State
workhouse.

Arrest. of
fugitives.

Discharged
convicts.

Inquesta.

Prlaon
commissioners.

State prison
for women.

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 thirty-six thousand
dollars ; for travelling expenses actually paid by said
detectives, a sum not exceeding twelve thousand dollars ;
and for incidental and contingent expenses, a sum not
exceeding seven thousand dollars.

For the payment of salaries and wages at the state
prison, a sum not exceeding fifty thousand dollars ; and
for other current expenses of said institution, a sum not
exceeding ninety-five thousand dollars.

For the payment of salaries and wages at the state
reform school at Westborough, a sum not exceeding twen-
ty-two thousand five hundred dollars ; and for other
current expenses of said institution, a sum not exceeding
thirty-five thousand dollars.

For the payment of salaries and wages at the state
industrial school at Lancaster, a sum not exceeding eight
thousand five hundred dollars ; and for other current
expenses of said institution, a sum not exceeding seven-
teen thousand dollars.

For the payment of salaries and wages at the state
workhouse at Bridgewater, a sum not exceeding twelve
thousand dollars ; and for other current expenses of said
institution, a sum not exceeding thirty-eight thousand
dollars.

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

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

For expenses incurred in connection with medical exam-
inations and inquests, a sum not exceeding two thousand
dollars.

For expenses of the board of prison commissioners, a
sum not exceeding two thousand one hundred dollars.

For the paj-ment of salaries and wages at the state
prison for women, a sum not exceeding eighteen thousand
dollars ; and for other current expenses of said institution,
a sura not .exceeding forty-four thousand five hundred
dollars.

1878. — Chapters 15, 16, 17. 17

For fees and expenses incurred in the removal and com- commitment to

,^ • , , 1 • p L pi'ison for

mitment ot prisoners to the })rison tor women, a sum not women,
exceeding one thousand five liundred dollars.

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

Approved February 20, 1878.

An Act to confirm the change op name by the south Chap. 15

MALDEN CONGREGATIONAL SOCIETY, AND THE DOINGS OP AND
conveyances to and by THE EVERETT CONGREGATIONAL SO-
CIETY.

Be it enacted, &c., as folloios :

Section 1. The proceedings of the South Maiden Con- Proceedings
gregational Societ}-, relating to the change of the name of conveyances
said society to that of the Everett Congregational Society, '"'^^ifi^^^-
and all proceedings in the name of the Everett Congrega-
tional Society, from the date of said change up to the first
day of November eighteen hundred and seventy-seven, as
now recorded in the records of the same, and all convey-
ances to, b}^ or in the name of, the Everett Congrega-
tional Society, are hereby ratified, established and con-
firmed, an}" defects or informalities therein to the contrary
notwithstanding.

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

Approved February 20, 1878.

An Act to change the name op the vine street congre- Chap. 16

GATIONAL society IN BOSTON.

Be it enacted, &c., as follows:

Section 1. The name of the Vine Street Congrega- Name changed,
tional Society in Boston is changed to that of the Imman-
uel Congregational Society.

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

Approved February 20, 1878.

An Act to confirm certain acts done by henry e. taintor Chap. 17

OF HARTFORD, IN THE STATE OP CONNECTICUT, AS COMMIS-
SIONER FOR MASSACHUSETTS.

Be it enacted, &c., asfolloios:

Section 1. All acts done by Henry E. Taintor of Acts confirmed
Hartford, in the state ot Connecticut, as commissioner for
this Commonwealth, within and for said state, between
the fourteenth day of April in the year eighteen hundred
and seventy-six, and the fourteenth day of March in the
year eighteen hundred and seventy-seven, are hereby
confirmed and made valid, to the same extent as if during

and made valid .

1878. — Chapters 18, 19, 20.

Acts confirmed
and made valid.

that time he had been duly appointed and qualified to
perform the duties of that office.

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

Approved February 20, 1878.

Chap. 18 An Act to confirm certain acts done by harvey kirk-
land AS A JUSTICE OF THE PEACE.

Be it enacted, &c., as follows:

Section 1. All acts done by Harvey Kirkland as a
justice of the peace within and for the county of Hamp-
shire, between the fourth day of August eighteen hundred
and seventy-six, and the twenty-third day of November
eighteen hundred and seventy-seven, are made valid and
confirmed to the same extent as though he had been, dur-
ing that time, qualified to discharge the duties of said
office.

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

Approved Febrtiary 20, 187 8.

An Act to amend section one op chaptkr one hundred
and thirty-nine of the acts of the year eighteen hun-
dred and seventy-seven, concerning the boundary line,
in part, between the towns of medford and malden.
Be it enacted, &c., asfolloivs:

Section 1. Section one of chapter one hundred and
thirty-nine of the acts of the year eighteen hundred and
seventy-seven is hereby amended, so that the second
and third courses of 'the boundary lines in said section
described, shall read and hereby be established as follows,
to wit: — Thence running northerly to a stone monument
on the southerly line of the town of Stoneham ; thence
easterly nine hundred ninety and sixty-four one-hun-
dredths feet to a stone monument at the intersection of
the southerly line of said Stoneham and the westerly line
of the town of Melrose.

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

Ajyproved February 20, 1878.

An Act in addition to an act to establish a free bridge
across the connecticut river between springfield and
west springfield.
Be it enacted, &c., asfolloios:

Section 1. The county commissioners of HaT-pden
County may borrow, on the credit of said county, an
theConnecUcur additional sum not exceeding fifteen thousand dollars, to
^'^^'■- pay the expenses of building and constructing the free

Chaj). 19

Medford and
Maiden — ■
Boundary line
changed.

Chap. 20

May borrow
money for build-

1878. — Chapters 21, 22, 23, 24. 19

bridge and highway across the Connecticut River at
Springfield, provided for by chapter one hundred and
thirt}^ of the acts of the year one thousand eight hundred
and seventy-two ; said sum to be borne and paid in the
manner provided by sections five, six and seven of said
act.

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

Approved February 20^ 1878.

An Act relating to the appointment op city physician Chap. 21

IN CERTAIN CITIES OF THE COMMONWEALTH.

Be it enacted, &c., asfolloim:

Section 1. In the cities of the Commonwealth where city physician,
the city physician is ex officio a member of the board of i^™®™^*^;°L

, , , -^ ■*■ . % . , . :^ 1 n 1 • 11 1 board of health,

health, said city physician shall be appointed by the to be appointed
mayor, with the approval of the board of aldermen, for a thr^'^yc^are^"^
terra of three years ; and shall be subject to removal, for
cause, by the same authority.

Section 2. This act shall take effect on the first day to take effect
of January in the year eighteen hundred and sevent3''-nine. '^^^^ ^' ^^''^•

Approved Febr'uary 21, 1878.

An Act to provide for the printing of certain extra (JJian 22
COPIES of the savings bank commissioners' report. ■* ' ^^

Be it enacted, &c., as follows :

Section 1. There shall be printed five hundred extra Report of the
copies of the report of the bank commissioners, the same sumers!'"™**'
to be placed at the disposal of said commissioners.

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

Approved February 28, 1878.

An Act to authorize cities and towns to furnish pupils Char). 23

IN the public schools with stationery.
Be it enacted, &c., as folloios :

Section 1. Section one of chapter one hundred and stationery for
six of the acts of the year eighteen hundred and seventy- public schools.
three is hereby amended by inserting after the word
" text-books," where the same first occurs in said section,
the words " and stationery."

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

Approved February 28, 1878.

An Act to prevent the spreading of contagious and in- Chap. 2-4

FECTIOUS diseases AMONG DOMESTIC ANIMALS.

Be it enacted, &c. , as follows : PnfecCdrs"*^

Section 1. The selectmen of towns, the mayor and ScTZfau?'

1878. — Chapters 25, 26, 27.

Duties of city aldermeii of cities, and the cattle commissioners of this
thoritiesandcat- Commonwealth, shall have and may exercise the powers
uecommiesion- ^j^j gj^.j^ |^g subject to the dutlcs for the prevention of the
diseases known as farcy and glanders among horses, asses
and mules, and for the prevention of contagious and in-
fectious diseases among domestic animals, that are now
conferred or imposed upon them by the laws relating to
the prevention of contagious diseases among cattle.
Penalties. SECTION 2. The penalties imposed by chapter two

hundred and nineteen of the acts of the year one thou-
sand eight hundred and sixty, entitled " An Act concern-
ing contagious diseases among cattle," are hereb}' made
ap|)licable to any violation of law relating to the diseases
in horses, asses and mules, known as farcy and glanders,
or relating to contagious or infectious diseases in domestic
animals. Approved February 28, 1878.

Chap. 25 An Act relating to the conduct of the inmates of the

REFORMATORY PRISON FOR WOMEN AT SHERBORN.

Be it enacted, &c., as follows :

Section 1. The provisions of section forty-seven of
chapter one hundred and seventy-eight of the General
Statutes are hereby made applicable to the reformatory
prison for women at Sherborn.

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

Approved February 28, 1878.

Record of con-
duct to be kept,
and term of im-
prisonment re-
duced in cer-
tain cases.

Chap. 26

Election of
boards of health
by written bal-
lots.

Chap. 27

Income of min-
isterial fund to
be divided.

An Act to prescribe the method of electing boards of
health in towns.

Be it enacted, &c., as follows :

Section 1. The election of boards of health in towns
under the provisions of section one of chapter twenty-six
of the General Statutes shall be by written ballots.

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

Approved February 28, 1878.

An Act concerning the distribution of the ministerial
fund in the town of lanesborough.

Be it enacted, &c., as folloivs :

Section 1. The income of the ministerial fund in
the town of Lanesborough, accruing after the first day
of April in the year one thousand eight hundred and
seventy-eight, shall be equally divided between the Con-
gregational, Episcopal, Baptist and Methodist societies in
said town, and shall be paid by the trustees of said fund
in like manner and at such times as said income has here-

1878. — Chapters 28, 29.

tofore been paid to the Congregational, Baptist and Epis-
copal societies.

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

Ax>proved February 28, 1878.

An Act to authorize the pierce academy in the town op Chap. 28

middleborough to hold additional real and personal

estate.
Be it enacted, t&c, as follows:

Section 1. The Pierce Academy in the town of Mid-
dleborough is hereby authorized to hold by purchase or
otherwise, real and personal estate to an amount not ex-
ceeding thirty thousand doRars, to be devoted exclusively
to the purposes of education, in addition to the amount
authorized by chapter forty-four of the acts of the year
eighteen hundred and thirty-five.

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

Approved February 28, 1878.

Additional real
and personal
estate.

An Act to incorpora'ie the lee water company.
Be it enacted, &c., asfolloivs:

Section 1. Elizur Smith, Wellington Smith, De Witt
S. Smith and Albert J. Morey, their associates and suc-
cessors, are hereby made a corporation by the name of the
Lee Water Company, for the purpose of furnishing the
inhabitants of Lee with pure water for the extinguishment
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 corpora-
tions.

Section 2. Said corporation may take, hold and con-
vey into and through the town of Lee, or any part thereof,
the w*ater in what is known as Laurel Lake ; and may take
and hold by purchase or otherwise any real estate neces-
sary for the preservation and purity of the same, or for
forming any dams or reservoirs to hold the same, and for
laying and maintaining aqueducts and pipes for distrib-
uting 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 purposes afore-
said may carry its pipes under or over any water-course,
street, railroad, highway or other way, in such manner as
not to obstruct the same ; and may, under the direction of
the board of selectmen, enter upon and dig up any road or

Chap. 29

Corporators.

Powers and du-
ties.

May take water
from Laurel
Lake.

May take and
hold land.

1878. — Chapter 29.

To file in regis-
trj' of deeds a de-
scription of
land taken.

AsBessment of
damages.

May establish
water rates.

Real and per-
sonal estate.

Penalty for di-
verting water
or rendering it
impure.

Town may pur-
chase charter
and rights of
company at
cost.

other way for the purpose of laying or repairing its aque-
ducts, pipes or other works ; and in general ma}'' do any
other acts and things necessary, convenient or proper for
carrjang out the purposes of this act.

Section 3. Said corporation shall, within sixty days
after the taking of any land under this act, file in the
registry of deeds of the county of Berkshire a description
of any land so taken, sufficiently accurate for identifica-
tion, and state the purpose for which it is taken ; and the
title of land so taken shall vest in said corporation. Any
person injured in any way by any of the acts of said corpo-
ration, and failing to agree with said corporation as to the
amount of damages, may have them assessed and deter-
mined in the manner provided when land is taken for
highwaj^s.

Section 4. Said corporation may distribute the water
through said Lee ; may establish and fix from time to time
rates for the use of said water, and collect the same ; and
may make such contracts with the town of Lee, or with
the Lee fire district, or with individuals, to supply water
for fire or for other purposes, as may be agreed upon 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 exceed-
ing in amount twenty thousand dollars in value ; and the
whole capital stock shall not exceed thirty thousand dol-
lars, 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. The town of Lee 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 if mutually agreed upon between said corpo-

1878. — Chapters 30, 31.

ration and the said town of Lee, at a less price ; and the
said corporation is authorized to make sale of the same to
said town. This authority to purchase said franchise and
property is granted on condition that the same is assented Proviso,
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 8. This act shall take effect upon its passage.

Approved February 28, 1878.

CorporatorB.

Powers and
duties.

Real and per-
sonal estate.

An Act to incorporate the third congregational church Chap. 30

IN CHELSEA.

Be it enacted, t&c, as folloivs :

Section 1. Jacob Pratt, Allison H. Palmer, Charles
H. Newell and all other members of the Third Congrega-
tional Church in Chelsea, and their successors, as members
of said church, are hereby made a corporation, with all the
powers and privileges and subject to all the duties, restric-
tions and liabilities set forth in all general laws which now
are or hereafter may be in force applicable to religious
societies.

Section 2. Said corporation shall be called " The Third Corporate name.
Congregational Church."

Section 3. Said corporation may hold real and personal
estate, to an amount not exceeding fifty thousand dollars,
for parochial and religious purposes.

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

Approved February 28, 1878.

An Act to amend section seven of chapter two hundred Chap. 31

AND seventeen OF THE ACTS OF THE YEAR EIGHTEEN HUN-
DRED AND SEVENTY-FIVE, MAKING THE COMMISSIONERS OF
THE SINKING FUNDS OF THE CITY OF TAUNTON, TRUSTEES OF
THE WATER LOAN SINKING FUND.

Be it enacted, &c., as follows:

Section 1. Section seven of chapter two hundred and
seventeen of the acts of the year eighteen hundred and
seventy-five is hereby amended by striking out all words
in said section after the word " discharged," and inserting
the following : — " The commissioners of the sinking funds
of said city of Taunton shall be trustees of said sinking
fund ; and shall annually, or as often as said city may re-
quire, render an account of all the doings in relation
thereto."

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

Approved February 28, 1878.

Commissioners
of sinking funds
to be trustees
thereof.

1878. — Chapters 32, 33, 34.

Chap. 32

Amendment to
1872, 190.

Chap. 33

Amendment to
1872, 375, §10.

Chap. 34

Appropriations.

Normal schools.

An Act to amend chapter one hundred and ninety of

THE ACTS of the YEAR EIGHTEEN HUNDRED AND SEVENTY-
TWO, RELATING TO THE ALEWIFE AND OTHER FISHERIES IN
THE TOWNS OF BRIDGEWATER, WEST BRIDGEWATER, EAST
BRIDGEWATER AND HALIFAX.

Be it enacted^ <fcc., asfolloios:

Section 1. Section three of chapter one hundred and
ninety of the acts of the year eighteen hundred and seven-
ty-two is hereby amended by adding after the word " flow,"
at the end of said section, the following words : — " And it
shall be lawful for said towns to agree upon and take said
fish at one common fishing place for all of said towns, upon
either of said rivers or their tributaries, within their limits
or upon that portion of the Taunton River within the
limits of the town of Bridgewater ; to regulate the taking
of said fish under the direction of said commissioners, and
to determine the manner in which the expense attending
such common fishing shall be apportioned between them,
and to make all necessary appropriations therefor."

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

Approved March 2, 1878.

An Act to amend section ten of chapter three hundred

AND seventy-five OF THE ACTS OF THE YEAR EIGHTEEN
HUNDRED AND SEVENTY-TWO, RELATING TO THE ORGANIZA-
TION OF MUTUAL FIRE INSURANCE COMPANIES.

Be it enacted^ &c. , as foHoivs :

Section 1. Section ten of chapter three hundred and
seventy-five of the acts of eighteen hundred and seventy-
two is hereby amended by inserting after the words " five
hundred thousand dollars," the words, " in suras not ex-
ceeding twenty-five hundred dollars on any one risk."

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

Approved March 2, 1878.

An Act making appropriations for certain educational

expenses.
Be it enacted, &c., as follows :

Section 1. The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the Common-
wealth from the ordinary revenue, unless otherwise or-
dered, for the purposes specified, to wit, —

For the support of normal schools, a sum not exceeding
sixty-four thousand dollars, to be paid out of the moiety
of the income of the school fund applicable to educational
purposes.

1878. — Chapter 35.

For the support of the state normal art school, the same
to include rent, taxes, etc., a sum not exceeding twenty
thousand dollars.

For the Massachusetts teachers' association, three hun-
dred dollars.

For the expenses of the members of the board of educa-
tion, a sum not exceeding four hundred dollars.

For salaries and expenses of the agents of the board of
education, a sum not exceeding five thousand two hundred
dollars.

For postage, printing, stationery, advertising, transporta-
tion of documents for the board of education and the sec-
retary thereof, a sum not exceeding one thousand dollars.

For printing the annual and supplementary reports of
the board of education, a sum not exceeding three thou-
sand dollars.

For teachers' institutes, a sum not exceeding two thou-
sand dollars.

For county teachers' associations, a sum not exceeding
three 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 direction of the
board of education.

For the Perkins institution and the Massachusetts asy-
lum for the blind, the sum of thirty thousand dollars.

For the support of Massachusetts beneficiaries in the
asylums for the deaf and dumb, and in other institutions
of the same character, quarterly returns of which shall be
made to the auditor, a sum not exceeding thirty thousand
dollars.

The income of the Rogers book fund, of the Todd
normal school fund, and of the Agricultural College fund,
shall be expended in accordance with the provisions of
the various acts relating thereto.

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

Approved March 2., 1878.

An Act relating to dividends of joint-stock fire, marine, Chap. 35

AND FIKE-MARINE INSURANCE COMPANIES.

Be it enacted^ &c., as follows:

SECTiOisr 1. Joint-stock fire, marine, and fire-marine
insurance companies, organized or incorporated under the
laws of this Commonwealth, are hereby authorized to de-
clare and pay to the stockholders of their respective com-
panies, cash dividends, not exceeding ten per centum a

Normal art
school.

Teachers'
association.

Board of educa-
tion.

Asfents of board
of education.

Printing, sta-
tionery, &c.

Annual reports.

Teachers'

institutes.

Oounty teach-
ers'associations.

Aid to pupils in
normal schools.

Asylum for
bUnd.

Asylums for
deaf and dumb.

Income of agri-
cultural college
and other funds.

^fay pay to
stockholders
ten per cent,
dividends.

1878. — Chapter 36.

May issue to
stockholders
certificates of
surplus, which
shall he deemed
to he an increase
of capital.

When capital is
Increased under
this act, certifi-
cate to be filed.

year, on their capital stock; and if their dividends are
less than ten per centum in any year the difference may
be made up in any subsequent year or years when the net
profits and income are sufficient therefor; but no divi-
dends in arrears shall be computed as accruing prior to
the third day of April in the year eighteen hundred and
seventy-five.

Section 2. Insurance companies as aforesaid may
issue |jro rata^ to their stockholders, certificates of such por-
tions of the actual surplus as the company may from time
to time determine, which shall be deemed to be an increase
of the capital stock to the extent of such new certificates
so issued ; but no dividend, either in cash or stock certifi-
cate, shall be made by any such company, except from
actual surplus fund of the company ; such surplus to be
computed in the same manner as is now required by law
by such insurance companies in making their annual
report to the insurance commissioner of this Common-
wealth.

Section 3. Whenever any increase of the capital
stock shall be made by any insurance company under the
provisions of this act, a certificate thereof shall be signed
and sworn to by the president, secretary and a majority of
the directors, and forthwith presented to the insurance
commissioner, who shall examine the facts in the case,
and if the same conform to law, shall endorse his approval
thereof; such certificate shall then be filed with the secre-
tary of the Commonwealth ; and thereupon the company
shall be authorized to transact business upon the capital
so increased, and the insurance commissioner shall issue
his certificate to that effect.

Section 4. The fee for filing the certificate required
by the preceding section, to be filed in the ofiSce of the
secretary of the Commonwealth, shall be five dollars.

Section 5. Chapter two hundred and twenty-two of
the acts of eighteen hundred and seventy-four, and all
acts or parts of acts inconsistent herewith are hereby
repealed.

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

Approved March 6, 1878.

Chap. 36 -^'^ -^CT RELATING TO THE ATTORNEY IN THIS COMMONWEALTH
OF INSURANCE COMPANIES OF OTHER STATES AND COUNTRIES.

Be it enacted^ tfcc, as follows:
Foreign insur- SECTION 1. Evcry iusurancc company or association
shall appoint the not incorporated or organized under tlie laws of this Com-

Fee of five dol-
lars for filing
certificate.

Repeal of 1874,
222.

1878. — Chapter 36.

monwealth, shall, before doing business in this Common-
wealth, appoint in writing the insurance commissioner of
this Commonwealth or his successor in office, to be the
true and lawful attorney of such company in and for this
Commonwealth, upon whom all lawful processes in any
action or proceeding against the company may be served
with like effect as if the company existed in this Com-
monwealth. Said writing or power of attorney shall
stipulate and agree on the part of the company that any
lawful process against the company which is served on
said attorney shall be of the same legal force and validity
as if served on the company, and that the authority shall
continue in force so long as any liability remains out-
standing against the company in this Commonwealth. A
cop3^ of the writing or power of attorney, duly certified
and authenticated, shall be filed in the office of the
insurance commissioner, and copies certified by him shall
be deemed sufficient evidence. Service upon such attor-
ney shall be deemed sufficient service upon the princi-
pal.

Section 2. Whenever lawful process against an insur-
ance company shall be served upon the insurance commis-
sioner, he s'hall immediately notify the company sued, of
such service by letter, prepaid, and directed to the secre-
tary of the company, or in the case of companies of for-
eign countries to the resident manager, if any, in this
country ; and he shall, within two days after such service,
forward in the same manner a copy of the process served
on him to the persons before mentioned, or to some per-
son, if an}^ who has previously been designated by the
company in writing. For each copy of process he shall
collect from the company and pay into the treasury of the
Commonwealth, the sum of two dollars. He shall keep a
careful record of all processes served upon him, which
record shall show the day and hour upon which such ser-
vice was made.

Section 3. Section seventy-one of chapter fifty-eight
of the General Statutes is hereby amended by striking out
the words " the general agent of," at the beginning of said
section.

Section 4. Section two of chapter one hundred and
fourteen of the acts of eighteen hundred and sixty-four is
hereby amended, by striking out the words " a general
agent, the filing of said appointment, and the continuance
of such agency," and inserting in place thereof the words
" an attorney,"

nisiirnnce com-
misKioncr to be
their uttoriicy,
on whom pro-
cesses may be
served.

Commissioner
to notify compa-
ny when process
has been served.

To keep a rec-
ord of processes
served upon
him.

Amendment to
G. S. 58, § 71.

Amendment to
1864, 114, § 2.

1878. — Chapters 37, 38, 39.

Repeal,

G.S.58,§§68,69.
1872, 325, § 4.

Attorneyships
now in force to
continue until
new appoint-
ments are made.

Time extended
for making ap-
plications for
land damages.

Section 5. Section sixty-eight and the first sentence
of section sixtj^-nine of chapter fifty-eight of the General
Statutes, and section four of chapter tliree hundred and
twenty-five of the acts of eigliteen hundred and seventy-
two, are hereby repealed ; but this repeal shall not affect
any liability already incurred under said acts, or the reme-
dies for recovering or enforcing the same. All attorney-
ships now in force shall continue in full force and effect
until a new appointment is made and filed as provided in
the first section of this act.

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

Approved March 6, 1878.

Chap. 37 An Act to extend the time for applications for dam-
ages FOR LAND TAKEN FOR THE LOCATION OF THE MASSA-
CHUSETTS CENTRAL RAILROAD.

Be it enacted^ t&c, as follows:

The time within which claimants for damages for land
taken by the Massachusetts Central Railroad Company
for the location of its railroad may make application to
the county commissioners, under the provisions of section
seventy-eight of chapter three hundred and seventy-two
of the acts of the year eighteen hundred and seventy-four,
is hereby extended to the first day of May in the year
eighteen hundred and seventy-nine.

Ai^piroved March 6, 1878.

Chap. 38 An Act to extend the time for commencing and complet-
ing THE CAPE COD SHIP CANAL, AND TO REDUCE THE CAPI-
TAL STOCK OF THE COMPANY.

Be it enacted^ <fcc., as follows:

Section 1. The time fixed by chapter twelve of the
acts of the year eighteen hundred seventy-six, for com-
mencing and completing the Cape Cod Ship Canal, is
hereby extended, so that said canal may be commenced
within two years and completed within five years from
the passage of this act: provided^ that the capital stock
of the Cape Cod Ship Canal Company shall not exceed
the sum of four million dollars.

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

Approved March 6, 1878.

An Act regulating the appointment op pilots for the

PORT of MARBLEHEAD.

Be it enacted, <fcc., as follows:

Section 1. There shall be appointed by the governor,
with the advice and consent of the council, three persons

Time extended
for constructing
canal.

Capital stock
not to exceed
$4,000,000.

Chap. 39

Port-wardens
for the port of
Marhlehead.

1878. — CiiArTERs 40, 41, 42.

to be dcnoniinated port wardens for the port of Marble-
bead who shall hold their offices during the pleasure of
the governor and council. They shall recommend to the
governor suitable persons to be pilots for the port of
Marblehead, who shall receive commissions as such, if
approved by the governor, with the consent of the
council.

Section 2. Section eight of chapter one hundred and
seventy-six of the acts of the year one thousand eight
hundred and sixty-two is hereby amended by striking out
the word " jNlarblehead,"

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

Approved March 7, 1878.

An Act to enable the Bristol county agricultural so-
ciety TO obtain its state bounty.
Be it enacted, c&c, as folloios :

Section 1. The treasurer of the Commonwealth is
hereby directed to pay to the Bristol County Agricultural
Society the bounty it would have been entitled to receive,
had it made its annual return on the tenth of January in
the year eighteen hundred and seventy-eight.

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

Approved March 7, 1878.

Amendment to
186'J, 176, § 8.

Chap. 40

To receive the
state bounty.

Chap. 41

Maintenance of
bridge.

Draw and draw-
piers.

Liability for
damages.

An Act concerning the maintenance of chelsea bridge.
Be it enacted., &c., as folloios :

Section 1. The city of Chelsea shall maintain and
repair that portion of Chelsea Bridge over Mystic River,
lying north-easterly of the north-easterl}^ draw therein ;
and the city of Boston shall maintain and repair that por-
tion of said bridge lying south-westerly of said draw ;
and said draw, together with the draw-piers, shall be
maintained and repaired equally by said cities.

Section 2. Said cities shall be respectively liable for
damages resulting from defects in the portion of said
bridge which by this act they are severally required to
maintain and repair.

Section 3. All acts and parts of acts inconsistent with RepeaL
this act, are hereby repealed.

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

Approved March 7, 1878.

An Act to amend an act to incorporate the trustees of Chap. 42

THE tufts college.

Beit enacted., <£;c., as folloios:

Section 1. Section one of chapter one hundred and ^gariSTi.'"

1878. — Chapters 43, 44.

Amendment to
1852, 141, § 2.

Chap.

fortj-one of the acts of the year eighteen hundred and
fifty-two is hereby amended by striking out the word
" twenty-three," the last word in said section, and substi-
tuting therefor the word " thirty."

Section 2. The last clause of section two of the act
aforesaid is also amended by striking out the word " half,"
and inserting instead thereof the word " third."

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

Approved March 7, 1878.

43 An Act to authorize the boston and lowell railroad
corporation to widen its freight bridge across charles

May widen
freight bridge
across Charles
River.

Proviso.

May construct
additions to
southerly end
of bridge.

Proviso.

Be it enacted^ <fcc., as follows :

Section 1. The Boston and Lowell Railroad Corpora-
tion is hereby authorized to widen the northerly portion
of its freight bridge across Charles River, so far as may
be necessary to make said bridge of a uniform width of
fifty-two feet across said river ; subject to the approval of
the harbor commissioners ; but said widening shall not be
subject to the provisions of chapter two hundred and
eighty- four of the acts of the year eighteen hundred and
seventy-four.

Section 2. The said corporation is further authorized
to construct such additions to said bridge at the southerly
end thereof, between said bridge and Craigie's bridge, as
may be necessary to furnish a direct connection of its
tracks with the freight yards of said corporation ; subject
to the approval of the harbor commissioners and to the
general laws of the Commonwealth.

Section 8. This act shall take effect upon its passage.

Approved March 7, 1878.

Chap. 44 An Act in relation to main drains and common sewers

IN THE town of WEST SPRINGFIELD.

Be it enacted^ t&c, as follows :

Section 1. The main drains and common sewers laid
and constructed by the town of West Springfield shall be
and remain the property of said town as if originally laid
by the selectmen.

Section 2. All persons or corporations who have suf-
fered damage in their property by reason of the laying or
making of said sewers and drains, shall, for the period of
one year after the passage of this act, have the same
rights and remedies relating thereto as if said laying and
making had been done under chapter one hundred and

Drains and sew-
ers to be the
property of the
town.

Damages caused
by laying
sewers.

1878. — Chapters 45, 46. 31

eleven of the acts of the year eighteen hundred and sixty-
nine.

Section 3. Every person or corporation who shall, Priviiogeof
after the passage of this act, have a drain or pipe connect- be'puidfor *°
ing, with said main drains or common sewers, shall pay
said town for the privilege such reasonable sum as shall be
determined by the selectmen ; and any person or corpora-
tion aggrieved by such determination may, at any time
within six months after the same is made known to such
person or corporation, apply to the county commissioners
of the county of Hampden for a revision thereof. If the
county commissioners, after due hearing, reduce the
amount to be paid for said privilege, such reduction shall
be allowed by the selectmen, and the costs of the appli-
cation and hearing shall be paid by said town ; otherwise
said costs shall be paid by the applicant.

Section 4. All sums due under the provisions of sec- sums due for
tion three shall be a lien upon the land through which bra^Hen'^upoV
said drain or pipe is laid, for the same length of time, and t^eiand.
may be collected in the same manner, as taxes upon real
estate ; or they may be sued for in an action of contract
in the name of the town.

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

Approved March 7, 1878.

An Act transferring to the city council of the city of Chap. 45

BOSTON THE POWERS NOW VESTED IN THE BOARD OF ENGINEERS
OF SAID CITY, RELATING TO EXPLOSIVE COMPOUNDS AND OTHER
DANGEROUS SUBSTANCES.

Be it enacted^ &c., as folloivs :

Section 1. All powers and duties conferred by exist- Powers con-

,., ,T . iii? • £ ferred by stat-

ing statutes upon the engineers or board oi engineers oi utes upon engi-
the fire department of the city of Boston, or upon any "epartmilnof
member of said board, are hereby transferred to the city ^°r«rto ctr'
council of said city ; and said powers and duties may be council,
exercised and carried into effect by said city council in
such manner as it may from time to time prescribe, and
through the agency of any persons, board or boards to
whom it may from time to time delegate the same.

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

Approved March 11, 1878.

An Act in further addition to an act making appropria- Chap. 46

TIONS FOR THE MAINTENANCE OF THE GOVERNMENT DURING
THE PRESENT YEAR.

Be it enacted, &c., as follows :

Section 1. The sums hereinafter mentioned are ap- Appropriationa.

1878. — Chapter 46.

Appropriations, propriated foi' tliG 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 tlie year eighteen hundred and seventy-
eiglit, to wit : —

Printing and
binding ordered
by legislature.

Senate station-
ery.

Senate blanks.

House station-
ery.

House blanks.

Stationery, &c.
ordered by ser-
geant-at-arms.

Stationery, &c.
for governor and
council.

Contingent ex-
penses of coun-
cil.

Expenses of
executive de-
partment.

LEGISLATIVE AXD EXECUTIVE DEPARTMENTS.

For printing and binding, ordered by the senate or house
of rej)resentatives or by the concurrent order of the two
brandies, a sum not exceeding twenty-five thousand dol-
lars.

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

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

For stationery for the house of representatives, pur-
chased by the clerk thereof, 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 representa-
tives, a sum not exceeding one thousand five hundred dol-
lars.

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

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

For the contingent expenses of the executive 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 —
Fuel and lights.

Furniture and
repairs.

Contingent
expenses of
legislature.

Expenses of
house in Pem-
berton Square.

STATE-HOUSE EXPENSES.

For fuel and lights for the state house, a sum not ex-
ceeding four thousand dollars.

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

For the contingent expenses of the senate and house of
representatives, and necessary expenses in and about the
state house, a sum not exceeding five thousand dollars.

For rent, taxes and other expenses connected with house
number thirty-three Pemberton Square, a sum not exceed-
ing eleven thousand dollars.

1878. — Chapter 46.

STATE PRINTING.

For printing the pamphlet edition of the general acts
and resolves of the present year, for distribution in tlie
Commonwealth, a sum not exceeding five tliousand dol-
lars.

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

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

For printing the public series of documents for the
present year, under direction of the secretary of the Com-
monwealth, and for binding the copies to be distributed to
the cities and towns, a sum not exceeding thirty thousand
dollars.

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

For the publication and editing of the supplement to
the General Statutes for the present year, a sum not ex-
ceeding one thousand two hundred dollars, viz. : for the
publication, one thousand dollars, and two hundred dollars
for editing^ the same.

Printing general
laws.

Printing and
binding " blue-
book."

Newspaper pub-
lication of gen-
eral laws.

Public series of
documents.

Term reports.

Supplement to
General Stat-
utes.

INCIDENTAL AND CONTINGENT EXPENSES.

For incidental expenses of the secretary's department, a
sum not exceeding four thousand dollars ; and for asses-
sors' books and registration blanks for the secretary's de-
partment, a sum not exceeding two thousand dollars.

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

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

For expenses of the auditor's department, a sum not
exceeding seven hundred dollars.

For expenses of the insurance commissioner's depart-
ment, a sum not exceeding four thousand dollars.

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

For expenses of the attorney-general's department, a
sum not exceeding one thousand seven hundred dollars ;
and for the expenses of civil actions, a sum not exceeding
three hundred dollars.

Incidental
expen.se8 —
Secretary.

Treasurer.

Tax com-
missioner.

Insurance
commissioner.

Supreme
judicial court.

Attorney-
general.

Civil actions.

1878. — Chapter 46.

Adjutant-gener-
al's department.

Compensation
of militia.

Transportation.

Quartermaster-
general.

Supplies.

Rent of armor-
ies.

Military ac-
counts.

Books of in-
struction.

Surgeon-gen-
eral.

Medical sup-
plies.

Re-imburse-
nient for state
aid.

State aid under
special laws.

Bounties to
soldiers.

Diplomas for
soldiers and
sailors.

MILITARY.

For expenses of the adjutant-general's department, a
sum not exceeding three thousand dolhirs.

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

For the transportation of officers and men while on
military duty, a sum not exceeding fourteen thousand dol-
lars.

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

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

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

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

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

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

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

For the re-imbursement of cities and towns for money
paid on account of state aid to Massachusetts volunteers
and their families, a sum not exceeding three hundred and
fifty thousand dollars ; the same to be payable on the first
day of December of the present year.

For the payment of state aid, as authorized in sundry
special acts and resolves, a sum not exceeding three hun-
dred dollars.

For the payment of bounties remaining due Massachu-
setts volunteers, a sum not exceeding five hundred dol-
lars.

For expenses of issuing diplomas to soldiers and. sailors
of tlie late war, a sum not exceeding one thousand dollars ;
and for expenses attending military elections, a sum not
exceeding three hundred dollars.

Bounties to
societies.

Expenses of
members of
board.

AGRICULTURAL.

For bounties to agricultural societies, a* sum not exceed-
ing seventeen thousand dollars.

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

1878. — Chapter 47.

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

For other incidental expenses of the board of agricul-
ture, a sura not exceeding one hundred and fifty dollars.

Expenses of
secretary.

Incidental
expenses.

MISCELLANEOUS.

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

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

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

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 savings banks, a sum not exceeding one thou-
sand dollars.

For expenses of the state board of health, a sum not ex-
ceeding five thousand dollars.

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

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

For expenses of the land commissioners, a sum not ex-
ceeding three thousand dollars.

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

Approved March 13, 1878.

An Act for the protection of the public against unsafe Chap. 47

AND dangerous BUILDINGS IN CITIES.

Be it enacted &c., as folloivs :

Section 1. In any city where the city council shall have
accepted this act, the superintendent of public buildings,
or such other officer of said city as the mayor and alder-
men may designate, shall be the inspector of buildings,
whose duty it shall be, immediately on being informed by
report or otherwise, that any building, part of a building,
staging or other structure, or any thing attached to or con-
nected therewith, in said city, is so un§afe as to endanger

Sheriffs — dis-
tributing proc-
lamations.

Books for state
library.

Railroad com-
missioners' con-
tingent expens-

Commissioners
on fisheries.

CommissionerB,
savings banks.

State board of
health.

Commissioner
of corporations.

Harbor com-
missioners.

Land commis-
sioners.

Inspectors of
buildings in
cities.

1878. — Chapter 47.

To notify o-wn-
ers if buildings
are unsafe.

Securing or re-
removal of build-
ing to be com-
menced by noon
of tbe following
day.

Proviso.

Structure to be
surveyed if
owner fails to
comply; and
report to be
served upon
him.

Ruilding to be
taken down, &c.
if report de-
clares it to be
unsafe.

Charges and
costs.

life or limb, to inspect the same ; and if it shall appear to
him that such structure is thus dangerous, he shall forth-
with, notify in writing the owner, agent, or any party hav-
ing an interest therein, to cause the same to be made safe
and secure, or removed ; and if it shall appear that said
structure, from any cause, would be specially unsafe in
case of fire, it shall be deemed to be dangerous within the
meaning and subject to all the provisions of this act ; and
he may affix a notice of its dangerous character, in a con-
spicuous place, on the exterior walls thereof; and any
person removing or defacing such notice without authority
from him, shall be punished by fine not less than ten nor
more than fifty dollars.

Section 2. The person or persons so notified shall be
allowed until twelve o'clock noon of the day following the
service of said notice, in which to commence the securing
or removal of said structure ; and he or they shall employ
sufficient labor to secure or remove the same as expedi-
tiously as can be done : provided^ however, that in cases
where the public safety requires immediate action, such
inspector may, if the mayor and aldermen shall so order,
enter upon the premises with such workmen and assistants
as may be necessary, and cause said unsafe structure to be
shored up, taken down, or otherwise secured, without delay,
and a proper fence or boarding put up for the protection of
passers-by.

Section 3. If the owner, agent, or any party interested
in such unsafe structure, having been notified as aforesaid,
shall refuse or neglect to comply with the requirements of
said notice within the time specified, and such structure
has not been secured or taken down as therein provided, a
careful survey of the premises named in said notice shall
be made by a board consisting of the city engineer, the
chief engineer of the fire department of said city and one
disinterested person to be appointed by said inspector ; and
a report of such survey shall be reduced to writing, and a
copy thereof served on such owner, agent or any interested
party.

Section 4. If the report of the survey made as aforesaid
shall declare such structure to be thus unsafe and danger-
ous, said inspector shall, upon the continued refusal or
neglect of the owner, agent or any interested person,
cause such unsafe or dangerous structure to be taken down
or otherwise made safe ; and the costs and charges in-
curred shall constitute a lien upon the estate where the
same is situated, to- be enforced within the time and in

1878. — Chapter 47.

the manner provided for the collection of taxes on real
estate.

Section 5. Any owner or interested party who shall,
after being notified in writing as herein provided that such
structure is thus unsafe, refuse or neglect to cause the same
to be taken down, or otherwise made safe, shall forfeit and
pay to said city, for every day's continuance thereof, not
less than ten nor more than fifty dollars, to be recovered
in an action of tort.

Section 6. Any owner or interested person aggrieved
by any such order, may, within three days after the service
thereof upon him, apply for a jury to the superior court if
sitting in the county, or to any justice thereof in vacation.
The court or justice shall issue a warrant for a jury to be
impanelled by the sheriff within fourteen days from the date
of the warrant, in the manner provided in chapter fortj^-
three of the General Statutes relating to highways.

Section 7. The jury may affirm, annul or alter such
order, and the sheriff shall return the verdict to the next
term of the court for acceptance ; and being accepted it
shall take effect as an original order.

Section 8. If the order is affirmed, costs shall be taxed
against the applicant; if it is annulled, the applicant shall
recover damages and costs against the city ; if it is altered
in part, the court may render such judgment as to costs as
justice may require : but nothing contained in this and the
two preceding sections shall prevent the city from recov-
ering the forfeiture provided for in section five, from the
date of the service of the original notice, unless the order
is annulled by the jury.

Section 9. If any such dangerous or unsafe building
or structure is in process of erection, alteration or repair,
the supreme judicial court, or any justice thereof, in term
time or vacation, may by injunction restrain any further
progress of the work until all matters are determined as
herein provided.

Section 10. When any owner, or any person having
an interest in said structure, resides out of the Common-
wealth, any of the notices required under this act may be
served by a notary public, whose certificate of service
under his notarial seal, shall be sufficient evidence of said
service.

Section 11. This act shall take effect upon its passage.

Approved March 13, 1878.

Penalty for
neglect.

•Party aegrieved
may apply for a
jury.

Jury may affirm
or alter order.

Damages and
costs.

Erection of dan
gerous structure
may be restrain-
ed by 8. J. C.

Notice, upon
owner out of the
Commonwealth,
may be ser^'ed
by a notary pub-
lic.

1878. — Chapters 48, 49, 50.

Surety on a bond
under 1863, 127,
may surrender
his principal to
keeper of jail.

To deliver to
jailer a copy
of bond.

Chap. 48 -A.N Act relating to surrender by bail or sureties in

CERTAIN CASES.

Be it enacted, <fec., as follows :

Section 1. A surety upon any bond given under the
provisions of chaj)ter one hundred twenty-seven of the
acts of the year eighteen hundred sixty-three, may sur-
render his principal to the keeper of the jail in the county
in which the complaint is pending, or to the keeper of
either jail in said county, if there be more than one, if the
court in which the complaint is pending is not in session
at the time of such surrender. The surety shall deliver
to the jailer a copy of the bond, attested by the oflQcer in
whose custody it may be, which shall be a sufficient war-
rant to the jailer, although the surrender and commitment
prove to be unlawful on the part of the surety. And such
surrender shall have like effect with the surrender into
court provided for by section three of said chapter, and
like proceedings may be had thereafter.

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

AjyjJ^oved March 13, 1878.

Chap. 49 An Act to permit the continuance by justices op the

PEACE, OF CIVIL PROCESS BEFORE TRIAL JUSTICES.

Be it enacted, &c., as follows :

Section 1. If a trial justice fails to attend at the time
and place to which a civil process is returnable or contin-
ued before him, any justice of the peace for the same
county may attend and continue the process not exceeding
thirty days without costs and saving the rights of all par-
ties ; and he shall make a certificate thereof, which shall
be filed with the paj^ers in the case, and entered upon the
record by the trial justice before whom the process was
returnable.

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

Approved 3farch 13, 1878.

Chap. 50 -^N Act concerning mutual marine and mutual fire and

MARINE INSURANCE COMPANIES.

Be it enacted, &c., as folloius :

Section 1. Any mutual marine or mutual fire and
marine insurance company organized under the laws of
this Commonwealth having a permanent fund exceeding
five hundred thousand dollars and made up in part of cash
paid in, and in part of promissory notes, may, when the
cash paid in and invested according to law amounts to
five hundred thousand dollars or upwards, reduce such

Continuance, by
justices of the
peace, of civil
process before
trial justices.

Permanent fund
when it exceeds
that amount,
may be reduced
to $500,000.

1878. — Chapters 51, 52.

When fund is
is reilucod, copy
of vote to be
filed with the
secretary of the
Commonwealth.

Fee of ten dol-
lars to be paid.

permanent fund to the amount of cash paid in, by a vote
of a majorit}' of the directors of such company present
and voting at a meeting called for the purpose.

Section 2. Whenever any mutual marine or mutual
fire and marine insurance company shall reduce its perma-
nent fund in pursuance of the preceding section of this
act, a copy of the vote of the directors of such company
providing for such reduction, approved by the insurance
commissioner, shall be filed with the secretary of the Com-
monwealth, who shall thereupon issue to such company a
certificate setting forth the reduction of said permanent
fund, and the amount of the permanent fund existing
after such reduction ; and thereupon ail promissory notes
held by such company as part of said permanent fund
shall be surrendered to the makers thereof or their legal
representatives.

Section 3. The fee to be paid to the secretar}^ for
filing the copy of the vote, and issuing the certificate, as
provided in the preceding section shall be ten dollars.

Ajyproved March 13, 1878.

An Act to protect witnesses testifying before the legis- Chap. 51

LATURE, OR BEFORE LEGISLATIVE COMMITTEES.

Be it enacted, &c., as follows :

Section 1. The testimony of any witness examined
before either branch of the legislature, or before any legis-
lative committee, upon any subject referred to such a com-
mittee, or any statement made or paper produced by him
on such an examination, shall not be used as evidence
against such witness in any criminal proceeding or penal
action in any court of justice : provided, hoioever, that no
ofiicial paper or record produced by such witness on such
examination shall be held or taken to be included within'
the privilege of said evidence, so as to protect such witness
in any such criminal proceeding or penal action ; and that
nothing in this act shall be construed to exempt any wit-
ness from prosecution and punishment for perjury com-
mitted by him in testifying as aforesaid.

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

Approved March 13, 1878.

Testimony given
before the legis-
lature, not to be
used against wit-
ness in any crim-
inal proceeding.

Proviso.

An Act relating to the supervision of cooperative saving

FUND and loan ASSOCIATIONS.

Be it enacted, &c., as follows :

Section 1. The duties devolving upon the insurance
commissioner in connection with cooperative saving fund
and loan associations, under the provisions of sections ten

Chap. 52

Cooperative
saving fund and
loan associations
to be under su-

1878. — Chapters 53, 54, 55.

pervision of the
bank coinmis-

Chap. 53

Concurrent ju-
risdiction of mu-
nicipal courts
over islands and
waters of Boston
Harbor.

and eleven of chapter fifty-nine of the General Statutes,
shall hereafter be performed by the commissioners of sav-
ings banks ; and said commissioners shall have the same
powers and be subject to the same duties and requirements
as are conferred and imposed upon the insurance commis-
sioner by said sections.

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

Approved March 13, 1878.

An Act to confer criminal jurisdiction upon certain

municipal courts in boston, over the islands and

waters of boston harbor.
Be it enacted, &c., as follows :

Section 1. The municipal court of the city of Boston,
the municipal court of the East Boston district, the muni-
cipal court of the Charlestown district and the municipal
court of the South Boston district, shall have and exercise,
concurrently with each other, the same criminal jurisdic-
tion that said courts now have within their respective
districts, over all islands and waters which are now within
the criminal jurisdiction of the superior court for the
county of Suffolk; but the word "islands" herein shall
not be taken to include East Boston.

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

Approved March 13, 1878.

Chap. 54 An Act to authorize the county commissioners of Worces-
ter COUNTY TO BORROW MONEY FOR CERTAIN PURPOSES.

Be it enacted, &c., as foUoivs :

Section 1. The county commissioners of Worcestei:
County are hereby authorized to borrow on the credit of
said county, the sum of fifty thousand dollars, to be ex-
pended in erecting an addition to the court house in the
city of Worcester.

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

Approved March 13, 1878.

An Act authorizing the eastern railroad company to
make leases, or other running contracts, with rail-
ROADS OUT of THE COMMONWEALTH.

Be it enacted, &c., as follows :

Section 1. The Eastern Railroad Company is hereby
authorized to make new leases of railroads out of the
Commonwealth, at present leased or operated by it ; to
renew or modify any existing leases of said railroads ; or
to make such other permanent running contracts or ar-
rangements with said railroads as it may deem advisable :

May borrow
money for erec-
tion of addition
to court-house.

Chap. 55

Eastern railroad
may make new
leases of rail-
roads out of the
state, at present
leased or oper-
ated by it.

1878. — Chapters 56, 57.

provided^ that such leases, contracts or arrangements shall Proviso.
not be valid unless agreed to by the directors, and ap-
proved by a majority in interest of the stockholders of
said company at a meeting called for that purpose, and by
the trustees appointed under chapter two hundred and
thirty-six of the acts of the year eighteen hundred and
seventy-six.

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

Approved March 13, 1878.

An Act to revive the builders' loan and fund corpora- Chap. 56

TION for certain PURPOSES.

Be it enacted, <&c., as foUoivs :

Section 1. The corporation heretofore known as the corporation re-
Builders' Loan and Fund Corporation, and formerly lo- purpose'^o/dis.
cated in Boston, is hereby revived and continued for the ciwgingamort-
purpose of enabling the secretary and treasurer of said
corporation to, and he is hereby authorized to, discharge
and cancel, a certain mortgage deed given by John C.
Marston, late of Cambridge, now deceased, to said corpora-
tion, dated May seventh eighteen hundred and fifty-five,
and recorded with Middlesex county deeds, south district,
book seven hundred and thirty, page five hundred and
forty-four, and to remise, release and quitclaim, in the
name and on behalf of said corporation, to the heirs of
said John C. Marston, the real estate described in said
mortgage deed. Said corporation is revived for no other
purpose whatever.

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

Approved March 13, 1878.

An Act relating to the water loan sinking funds in the Chap. 57

TOWNS OF MALDEN, MEDFORD AND MELROSE.

Be it enacted, &c., as folloivs :

Section 1. Whenever the towns of Maiden, Medford commissioners
and Melrose, or either of them, shall have made any ap- ginkingfundto
propriation for, or otherwise have established, a water loan Reelected,
sinking fund, as authorized by the provisions of chapter one
hundred and sixty of the acts of the year eighteen hundred
and seventy, such town or towns, if it has not already been
done, shall elect a board of commissioners of the sinking
funds according to the provisions of chapter two hundred
and nine of the acts of the year eighteen hundred and
seventy-five, and the commissioners so chosen, shall have Powers and
the custody, management and control of the sinking fund duties.
so established under said first named act, and subject to

1878. — Chapters 58, 59, 60.

Chap. 58

Corporation re-
vived for the
purpose of exe-
cuting a deed.

Chap. 59

May reduce par
value of shares.

Chap. 60

May borrow
money on ac-
count of Sunder-
land Bridge.

the limitations as to the character of investments in said
first named act mentioned, and to the further provision
that the investment and accounts of said water loan sink-
ing fund shall be made and kept separate from the other
sinking funds of said towns.

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

Approved March 13, 1878.

An Act to revive the charter of the attleborough bank

FOR certain purposes.

Be it enacted, <&c., as foHoius:

Section 1. The existence of the corporation heretofore
known as the president, directors and company of the
Attleborough Bank, located in the town of Attleborough,
is hereby revived and continued for the purpose of en-
abling said corporation, by a majority of the surviving
directors of said bank at the time when the same became
an association for carrying on the business of banking
under the laws of the United States, to execute a good and
sufficient deed to the Attleborough National Bank, of any
real estate or interests therein of said Attleborough Bank,
and for no other purpose whatsoever.

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

Ajjproved March 13, 1878.

An Act to enable the American molded collar company
TO reduce the par value of its shares of capital stock.
Be it enacted, &c., as foUoivs :

Section 1. The American Molded Collar Company
may reduce the par value of its shares from one hundred
dollars to fifty dollars each.

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

Approved March 13, 1878.

An Act to enable the county commissioners of franklin

county to borrow money on account of the SUNDERLAND

bridge.
Be it enacted, &c., as follows :

Section 1. The county commissioners of the county
of Franklin may borrow on the credit of said county such
sums, not exceeding in all twelve thousand dollars, in
addition to the amount now authorized by law, as may be
necessary for the purpose of paying such costs and ex-
penses as said county may lawfully be required to pay on
account of the Sunderland bridge.

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

Apjyroved March 13, 1878.

1878. — Chapters 61, 62, 63. 43

An Act to amend section six of chapter two hundred Chap. 61

AND ninety-three OF THE ACTS OF THE YEAR EIGHTEEN
HUNDRED AND SEVENTY, TO INCORPORATE THE TOWN OF
MASllPEE.

Be it enacted, &c., as folloivs:

Section 1. The sixth section of the two hundred and gl^^'^^'g^g'^^^g'' °^
ninety-third chapter of the acts of the year eighteen hun-
dred and seventy shall be so construed as to include the
proper chai-ges for the services of the commissioners pro-
vided for in said act, to be approved and allowed by the
superior court, or some justice thereof, as a part of " the
expenses of said commissioners," which shall be paid out
of the treasury of the Commonwealth.

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

Approved March 13, 1878.

An Act relatinCx to the removal of the inmates of the Chap. 62

STATE PRISON FROM BOSTON TO CONCORD.

Be it enacted, &c., as follows:

Section 1. At any time after the establishment of the Removal of in-
state prison at Concord in the manner provided by law, prtsonfrom"**
any person lawfully confined under sentence of imprison- ^^"^^""^ ^° ^°°-
ment in the state prison at Boston may be removed to and
confined in said prison at Concord according to the terms
and conditions of his sentence to said prison at Boston, or
of any process lawfully issued in pursuance thereof : but
nothing herein shall impair the validity of any sentence to
said prison at Boston, or abridge the authority of the keeper
thereof to detain any person lawfully sentenced to impris-
onment therein.

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

Approved March 14, 1878.

An Act to authorize the city of newton to lay and Chap. 63

MAINTAIN A MAIN DRAIN IN THE TOWN OF WATERTOWN.

Be it enacted, &c., as follows:

Section 1. The city of Newton is hereby authorized, Newton may

by its board of aldermen or by a board of three commis- roon'se" ver ''°"'

sioners to be chosen by the city council, to lay and con- through part of

'' . Y • Watertown.

struct a main or connectmg dram, or common sewer,
which shall have a diameter of not less than seven feet,
through that part of the town of Watertown which lies
on the southerly side of Charles River, to be connected
with and form a part of the main drain, or common
sewer, authorized to be constructed by said city, through
a portion of the city of Boston, by chapter one hundred

1878. — Chapter 63.

May take land
and buildings.

ABsesBment of
damages.

May construct
sewer over or un-
der any water-
conree.

Method of doing
the work may be
directed by the
8. J. C.

Streets to be
restored to good
order and condi-
tion.

Powers of city
under 1877,144,
may be exer-
cised by alder-
men.

No assessment
to be laid on

and forty-four of the acts of the year eighteen hundred
and seventy-seven. Such main or connecting drain, or
common sewer, shall be the property, and shall be under
the exclusive control, of the city of Newton, which shall
keep and maintain the same in good order and condi-
tion.

Section 2, The city of Newton may take such land
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
ascertained and recovered, in the manner now provided by
law, for the assessment of damages in the laying out of
highways.

Section 3. The city of Newton may construct such
drain or sewer over or under any water-course, highway,
townway or other way, may change the course of any
brook, may enter upon and dig up the same, for the pur-
pose 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 do-
ing of said work ; and the supreme judicial court in any
county, or any justice thereof, in term time or in vacation,
upon the complaint of the selectmen of Watertown, or of
any corporation whose rights are, or are claimed to be,
invaded, may direct the method of performing such work
as may affect public travel, public rights or public health,
and enforce such directions and orders by injunction or
other suitable process.

Section 4. 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 was commenced, without unnecessary delay.
And the city of Newton shall at all times indemnify and
save harmless the town of Watertown, against, of and
from, all damages which ma}^ be sustained by it, by 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 5. The powers which the city of Newton is
authorized to exercise through its mayor and aldermen, by
chapter one hundred and forty-four of the acts of the
year eighteen hundred and seventy-seven, may be exer-
cised by the board of aldermen of said city.

Section 6. The provisions of all general laws shall
apply to said drain or sewer, so far as applicable ; but no

1878. — CuArTER 63.

assessment shall be laid on any property "without the
territory of said city.

Section 7. The city of Newton shall be liable to pay
all damages that shall be sustained by the town of Water-
town, or any person, persons or corporation, in his, their,
or its property, by the taking of or injury to any real
estate, water or water-rights, or by the interference with or
injury to the use of any water-course to which the said
town, person, persons or corporation, is legally entitled at
the time of such taking ; and in regard to such taking,
injury or interference, and the ascertainment and pay-
ment of all such damages, the city of Newton, the town
of Watertown, and all persons or corporations claiming
damages, shall have all the rights, immunities and reme-
dies, and be subject to all the duties, liabilities and regu-
lations, which are provided in the one hundred and sixty-
seventh chapter of the acts of the year eighteen hundred
and forty-six, the one hundred and eighty-seventh chapter
of the acts of the year eighteen hundred and forty-nine,
and the three hundred and sixteenth chapter of the acts
of the year eighteen hundred and fifty.

Section 8. The town of Watertown and all persons
and corporations are hereby prohibited from discharging
any sewage, drainage, or pollution of any kind, into said
main sewer, or into any stream or water-course diverted
into said main sewer, without the permission of the city
of Newton, except as is hereinafter provided. Said town
of Watertown may enter a drain or sewer into such main
sewer, upon giving six months' notice to said city of New-
ton of its desire so to do, if said city consents thereto,
upon payment of a reasonable compensation to said city
for the use of the same : provided^ that the privileges
granted by this act to the town of Watertown shall be
and are hereby expressly restricted to that part of the
territory thereof which lies south of Charles River.

If the city of Newton shall refuse its consent to such
application, by or in behalf of the town of Watertown,
or if the said city and the said town shall fail to agree
upon the compensation to be paid by said town to said
city for the use of said main sewer as aforesaid, either
party may petition the supreme judicial court, for the
appointment of a commission of three suitable persons,
who shall hear the parties, and determine whether or not
the town of Watertown shall be permitted to enter such
sewer, and if so, upon what terms and conditions, and
what compensation shall be paid to the city of Newton

property out of
the city.

Liability for
damages.

Watertown may
enter a drain
into the common
sewer, upon six
months' notice,
and paying for
use.

Proviso.

If parties fail to
agree, commis-
sioners to be ap-
pointed.

1878. — Chapter 64.

Penalty for un-
lawful use of
Bewer.

Unlawful use of
Bewer may be
restrained by
8. J. C.

Chap.

Time for taking
land extended.

for such privilege. Such compensation may consist of a
sum in gross, or of a yearly payment, to be made to said
city, as said commissioners shall decide ; and the report
of said commissioners or of a majority of them, being
subject to a revision of and being accepted by the supreme
judicial court, shall be final.

The entry of any drain or sewer into said main sewer
shall be made under the direction of the city of Newton,
except as is herein provided, and subject to such reasona-
ble rules and regulations as may be made by the city
council thereof.

If the town of Watertown, or any person, persons or
corporation, shall, contrary to the provisions of this act,
enter any drain or sewer, or conduct any sewage or drain-
age matter, or pollution of any kind, into any drain or
sewer constructed by the city of Newton by virtue of this
act, or into any water-course, channel or stream, natural
or artificial, connected therewith, or shall wantonly or
maliciously injure, or destroy, or divert, or obstruct, any
such drain or sewer, or injure or destroy any machinery
or property held, owned or used by the said city, under
the authority and for the purposes of this act, such town,
person, persons or corporation, shall forfeit and pay to the
said city of Newton three times the amount of damages
that shall be assessed therefor, to be recovered in any
proper action.

It shall be lawful for the supreme judicial court, upon
application of the city of Newton, to grant an injunction
against any unlawful use of or interference by any one
with any sewers or drains constructed by the city of
Newton under this act, or against the unlawful entry of
any drain or sewer, directly or indirectly, into the same,
or into any water-course connected therewith ; and dam-
ages therefor may be assessed by said court, as incident to
such process.

Section 9. This act shall take effect upon its passage.

Approved March 14, 1878.

64 An Act to extend the time during which the city of
worcester is authorized to lay out a public park, and
to establish and maintain a reservoir.

Be it enacted, &c., asfolloivs:

Section 1. The time for taking and holding land, in
accordance with the provisions of chapter one hundred
and ninety-six of the acts of the year eighteen hundred

1878. — Chapter 65.

and seventy-three, is extended to the fifteenth day of
April in tlie year eighteen hundred and eighty.

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

Ajyjyroved March 14, 1878.

An Act to amend chapter forty-nine of the general

statutes in relation to the inspection and survey of

lumber, ornamental wood and ship timber.
Be it enacted., &c. , as follows :

Section 1. Section one hundred and twent^^-seven of
chapter forty-nine of the General Statutes is hereby
amended, by striking out in the third line the word
" places," and inserting instead thereof the word " dis-
trict."

Section 2. Section one hundred and twenty-eight of
said chapter is hereby amended by striking out in the fifth
and sixth lines the words " except lumber manufactured
in this state which shall also be surveyed," and adding at
the end of the section, the following words: — and it shall
be incumbent upon him to enforce all the provisions of
this act.

Section 3. Section one hundred and forty-one of said
chapter is hereby amended by inserting after the word
"purchaser," in the second line, the words, "one-half of
which sum shall be allowed and paid said purchaser by the
seller."

Section 4. Section one hundred and forty-two of said
chapter is hereby amended to read as follows, to wit : —

If a surveyor-general or any surveyor is guilty of, or
connives at, any fraud or deceit in the surveying, marking
or numbering the contents or quality of any kind of wood
or lumber, or if a surveyor when requested, by the owner
of or a dealer in lumber, to survey the same, refuses with-
out good reason, to perform the duty, he shall forfeit for
each offence a sum not less than fifty nor more than two
hundred dollars.

Section 5. If a seller or purchaser of lumber by
intimidation or otherwise, attempts to induce any sur-
veyor to make a false survey, he shall forfeit for each
offence a sum not less than fifty nor more than two hun-
dred dollars.

Section 6. Section one hundred and forty-three of
said chapter forty-nine and all acts or parts of acts incon-
sistent with this act are hereby repealed.

Section 7. Section one hundred and twenty-six of
chapter forty-nine of the General Statutes is hereby

Chap. 65

Inspection of

lumber,

G. 8. 49, §127.

Amendment to
G. S. 49, § 128.

Amendment to
G. S. 49, § 141.

Amendment to
G. 8. 49, § 142.

Penalty for
fraud in survey-
ing.

Penalty for at-
tempting to in-
duce surveyor to
make a false

survey.

Repeal.

Amendment to
G. 8. 49, § 126.

1878. — Chapters 66, 67, 68, 69-.

Chap.^ 66

Price of wood,
Bold by unsealed
measure, &c.,
maybe collected.

G°s.°S?ri26.**' amended by striking out the word " Qiiincy," and by in-
serting after the word "Cambridge," the word "Somer-
ville."

Section 8. This act shall take effect upon its passage.

Approved March 14, 18'/ 8.

An Act to authorize the collection of the price of or-
namental WOOD, timber and lumber, sold by unsealed

MEASURE OR MEASURED BY AN UNSWORN MEASURER.

Be it enacted, &c., as follows :

Section 1. The provisions of chapter one hundred
and fifty-three of the acts of the year eighteen hundred
and seventy-five, shall apply to and include ornamental
wood, ship timber and all kinds of lumber.

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

Approved March 14, 1878.

Chap. 67 An Act to amend section two of chapter one hundred

AND THIRTY-FIVE OF THE GENERAL STATUTES RELATING TO
THE RECOVERY OF DOWER.

Be it enacted, &c., as folloivs :

Whenever a woman claims dower in real estate, and a
person seized of the freehold is absent from the Common-
wealth, or unknown to such claimant, the demand required
by section two of chapter one hundred and thirty-five of
the General Statutes need not be made, but an action may
be commenced and prosecuted with like effect as if dower
had been previously demanded.

Approved March 14, 1878.

An Act in relation to signs at railroad crossings.
Be it enacted, &c., as follows:

Section 1, A railroad corporation may substitute at
any crossing warning-boards of the description specified
in section one hundred and twenty-four of chapter three
hundred and seventy-two of the acts of the year eighteen
hundred and seventy-four, in place of the boards, well
supported by posts, or otherwise, provided for in said
section.

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

Approved March 14, 1878.

An Act to authorize the city of newton to establish

grades for drainage and sewerage in said city.
Be it enacted, &c., as follows:

Section 1. The board of aldermen of the city of
Newton may from time to time establish grades for drain-

Action may be

commenced
■without demand
when person
seized of free-
hold is out of
state, &c.

Chap. 68

Warning-boards
at railroad
croasings.

Chap. 69

May establish
grades for
drainage and
sewerage.

1878. — Chapter 69. 49

age and sewerage in any designated territory within said
city, and after a grade has been so established, no person
shall construct in such territory any cellar or basement
cellar of any building below such established grade, or
use or oecup)' any cellar or basement cellar so constructed :
provided, that said board ma}^ by license, subject to revo- rroviso.
cation at any time by them, authorize cellars to be con-
structed in buildings used exclusively for storage or busi-
ness purposes, so much below said grade as they shall
designate in said license.

Section 2. Said board, whenever they see cause, may Maydianire
change any grade already established ; but such cliange established?*^^
shall not affect the right to maintain and use any cellar or
basement previously constructed.

Section" 3. If any person constructs or attempts to ceiiarstobe
construct or use any cellar or basement cellar, in violation accolliancifwuh
of the provisions of this act, said board may order the pi-ovissons of

tills ilCt

owner or occupant of such cellar or basement cellar, so to
alter and construct the same, as to conform to the require-
ments hereof; and if such owner or occupant fails to com-
ply with such order within ten days after service thereof,
as is hereinafter provided, said board may cause the re-
quired alterations to be made therein, the expense whereof
shall constitute a lien upon the land wherein such cellar
or basement cellar shall be constructed, and upon the
building or buildings thereon erected, and may be col-
lected in the manner provided by law for the collection of
taxes upon real estate. The city treasurer, in behalf of
said city, may purchase such land, or such land and build-
ings, at any sale thereof for the enforcement of such lien.

Section 4. All orders under the preceding section orders to be in
shall be made in writing, and served upon the ownei-s or maybf'eriforccd
occupants or their authorized agents, as prescribed by by'^J-c.
section nine of chapter twenty-six of the General Statutes,
for the service of orders of boards of health ; except that
the advertisement provided for in said section shall be
made in one or more public newspapers, in such manner
and for such length of time as said board of aldermen
may direct; and the supreme judicial court or any justice
thereof, in term time or vacation, may, by injunction or
other suitable process in ecpiity, restjain any person or
corporation from using or constructing au}^ celhir or base-
ment cellar in violation of the provisions of this act, and
may enforce such provisions.

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

Approved March 15, 1878.
7

1878. — Chapters 70, 71, 72.

Election of mod
crator couflim
cd.

Inspection of
limu, imported
from the state
of Maine.

Chap. 70 -A-N Act concerning the election of moderator in the town

OF CHATHAM.

Be it enacted, &c., asfolloivs:

Section 1. The election of moderator heretofore made
at the town meetings in the town of Chatham, so far as
the same may appear illegal for the reason that the check-
list was not used in said elections, is hereby ratified and
confirmed and the same shall be taken and deemed good
and valid in law to all intents and purposes whatsoever.

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

AjyiJroved March 20, 1878.

Chap. 71 An Act to amend chapter forty-nine of the general

STATUTES IN RELATION TO INSPECTION AND SALE OF LIME
AND LIME CASKS.

Be it enacted, &c., as foUotvs :

Section 1. Section one hundred and twenty-two of
chapter forty-nine of the General Statutes is hereby
amended, so that it shall read as follows, to wit: —
When an inspection is demanded of lime manufactured
in and imported from the state of Maine, the inspector
shall require that such lime be in casks manufactured
from sound and well seasoned lumber with staves and
headings well fixed on the inside, with at least eight good
and strong hoops on each ; all of which hoops shall be of
oak, ash, beech, birch, maple, clierry or elm wood, well
driven and secured with nails ; the staves of said casks to
be made of sawed or rift timber, not less than thirty
inches in length, and half an inch thick on the thinnest
edge ; eacli of the heads to be not less than three-fourths
of an inch thick, and well crozed in ; each hoop to be not
less than one inch wide in the narrowest part, and each
cask to be not less than twenty-six inches in length be-
tween the heads, sixteen inches in width between the
chimes, and eighteen inches in tlie clear on the inside at
the bilge, and made in a woikmanlike manner; and the
same rules, regulations, restrictions and liabilities shall
apply to lime imported from the state of Maine as are
provided respecting lime manufactured in this state.
. Section 2. This act shall take effect upon its passage.

Approved March 20, 1878.

Chap. 72 An Act rklating to the venue of certain actions in po-
lice, DISTRICT AND MUNICIPAL COURTS.

Be it enacted, &c., as folloios :
Venue of ccr- SECTION 1. All actions befofc police, district or mu-

tain.actions in nicipal courts, whereiu the plaintiii', or all the plaintiffs,

1878. — Chapters 73, 74.

if there be more than one, live without the Common- poHcc, dutnct
wealth, sliall be brought in the district where one or more courts"""''^'^
of the defendants, or in trustee process one or more of
the trustees, lives or has his usual place of business: pro-
vided, howeve)\ that nothing herein shall affect or interfere
with the provisions of chapter one hundred eighty-seven
of the acts of the year eighteen hundred and seventy-
seven.

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

Ai-)proved March 20, 1878.

Chap. 73

r.ijments to
cU'positors may
be regulated and
limited by com-
missioners.

An Act fou the better protection of depositors in sav-
ings BANKS.
Be it enacted, &c., as follows:

Section 1. Whenever, in the judgment of the board
of commissioners of savings banks, the security and wel-
fare of the depositors in any savings bank in this Common-
wealth shall require a limitation or regulation of pajnnents
to its depositors, said board may, by an order in writing
directed to such bank, limit and regulate such payments
in time and amount as the interests of all the depositors
may require. Such order shall fully express the terms of
said limitation or regulation ; and it may be changed or
wholly revoked whenever in the judgment of said com-
missioners the welfare of the depositors in such bank
shall so require.

Section 2. Any person aggrieved by such order may,
within thirty days after service thereof, appeal therefrom
to the supreme judicial court. The court shall hear and
determine the rights of the parties- under such order, and
may alter, affirm or annul the same, as equity may require.
Upon the entry of such appeal tlie court may order such
notice to all other persons interested as it may deem suffi-
cient; and all persons so interested may appear and be-
come parties to the appeal ; and the decree thereon shall
be final and binding upon all persons who appear or
might have appeared and become parties to the proceed-
ing. During the pendency of the appeal the order afore-
said shall remain in force.

Section 3. This act shall take effect upon its passage,
and shall continue in force three years.

Approved March 21, 1878.

An Act relating to compensation for tide water dis- Chap. 74

PLACED.

Be it enacted, &c., asfoUoios:

Section 1. The amount of tide water displaced by Amount of tide

Person

agijncvcd may
appeal to S. J. C.

Court to hear
and determine
the rights of the
parties.

To be in force
three years.

1878. — Chapter 75.

water displaced
to be ascertained
by the commis-
Bioners.

Compensation
to be made by
parties causiiii^
displacement.

any structure in tide water below high water mark, or
by any filling of flats hereafter authorized, shall be ascer-
tained b}^ the harbor commissioners; and they shall re-
quire the parties causing such displacement to make com-
pensation therefor, edher by excavating in some part of
the same harbor where such displacement occurs, includ-
ing tide water channels between high and low water
marks, to such an extent as to create a basin for as much
tide water as shall be displaced by such structure or fill-
ing, and tlie same shall be done under the direction of
said commissioners, or by paying, in lieu of such exoava-
tion to restore the displaced tide water, such sum as shall
be assessed by said commissioners, not exceeding thirty-
seven and one-half cents per cubic yard for the tide water
so displaced, or by improving the harbor in any other
mode to the satisfaction of said commissioners; and all
money thus paid shall be paid into the treasury of the
Commonwealth, and be reserved as a compensation fund
for the harbor from Avhich the same is collected.

Section 2. The annual income from said compensa-
tion funds and the annual income from the compensation
fund created under chapter one hundred and forty-nine of
the acts of eighteen hundred and sixtj'-six, may be used
and expended under the direction of the harbor commis-
sioners for the improvement of the several harbors to
which said funds belong.

Sectiox 3. So much of section four of chapter one
hundred and forty-nine of the acts of eighteen hundred
and sixty-six as may be inconsistent with the terms of this
act shall not apply to structures or filling hereafter author-
ized. Approved March 21, 1878.

Chap. 75 Ax Act coxceunixg the relocatiox oi<' streets axd ways

IN THE CITY OF BOSTON.

Be it enacted, &c., as follows :

Section 1. Whenever the board of street commis-
sioners of the city of Boston deem it necessary to locate
anew a street or way in said city, either for the purpose
of establishing the boundary lines of such street or way,
erecting monuments thereon, or of making alterations in
the course or width thereof, they may so locate such street
or way by giving notice, and proceeding in the manner pre-
sci'ibed by law for laying out streets or ways in said city.

Section 2. Any person sustaining damage in his prop-
erty by the location of a street or way, as provided in the
preceding section, shall have his damages assessed and.

Money to be
paid into the
state treasury.

Income of com-
pensation funds
to be used for
improvement of
harbors.

Repeal.
1866, 148, § 4.

Re-location of
streets and ways
in Boston.

Assesscment of
damages.

1878. — Chapters 76, 77, 78.

paid in accordance with tlie provisions of law in respect to
laying^ out, altering and discontinuing streets and ways in
the city of Boston.

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

Ap2'>roved March 21, 1878.

An Act to amend chapter one hundred and sixty-six of Chap. 76

THE general statutes, RELATING TO OFFENCES AGAINST THE
PUBLIC HEALTH.

Be it enacted, &c., as foUoivs :

Section three of chapter one hundred and sixty-six of Penalty for seii-
the General Statutes is hereby amended by inserting after food. "
the word " health," in the third line, the words, "or know-
ingly barters, gives away, sells or has in possession with
intent to sell, any substance intended for food which has
been adulterated with any substance injurious to health."

Aj^proved March 23, 1878.

Chap. 77

If poll tax can-
not be collected,
assessors to be
notitied by col-
lector of the rea-
son thereof.

Tax may be

abated.

An Act extending the powers of assessors of taxes.
Be it enacted, &c., as follows:

Section 1. When the collector of taxes of any city or
town in this Commonwealth shall become satisfied that
any poll tax, or tax upon personal property, or any por-
tion of said tax, which has been committed to him or to
any of his predecessors in office, for collection, cannot be
collected by reason of the death, absence, povei'ty, insol-
vency, bankruptcy or other inability to pay of the person
or persons to whom such tax has been assessed, he shall
notify the assessors of taxes of the said city or town there-
of in writing, stating the reason why such tax cannot be
collected and verifying the same by oath. It shall then be
lawful for the assessors of such city or town, after due
inquiry into the circumstances, to make abatement of such
tax or any part thereof. Upon such abatement being
made, the said assessors shall certify the same in wi-iting
to the collector of taxes ; and said certificate sliall dis-
charge tiie collector from further obligation to collect the
tax so abated. But no poll tax shall be abated under the
provisions of this act, within two years from the time of its
assessment.

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

Approved March 23, 1878.

An Act concernhng shell fish on the shores and flats Chap. 78

OF Thompson's island.
Be it enacted, &c., as follows:

Section 1. Whoever takes any shell fish from the sheii fish not to

Poll tax not to
be abated within
two years of as-
sessment.

1878. —Chapters 79, 80.

be taken from
Thompson's Is-
land without
permission.

Offender mny be
nrrcstcd without
a warrant.

shores or flats of Thompson's Island in Boston Harbor
without the permit of the managers of the Boston Asylum
and Farm School for Indigent Boj-s, or the chief of the
police of the city of Boston, shall for every offence pay a
fine of not less than five dolhirs or more than ten dollars,
and costs of prosecution ; said fine to be recovered by
complaint before the municipal court of the city of Bos-
ton.

Section' 2. Any constable or police officer of the city
of Boston may without a warrant arrest any person whom
he finds in the act of taking shell fish in violation of the
provisions of the preceding section of this act, or in the
act of cari'ying away shell fish so taken, and detain him in
some place of safe keeping until a warrant can be procured
against such person upon a complaint for said offence :
provided, that such detention shall not exceed twent3'^-four
hours.

Approved March 23, 1878.

Chap. 79 -^N Act to authorize the appointment of an additional

MASTER IN CHANCERY FOR THE COUNTY OF ESSEX.

Be it enacted, &c., as foUoius :

Section 1. The governor, by and with the advice and
consent of the council, is hereby authorized to appoint an
additional master in chancery in and for the county of
Essex, and hereafter the number of masters in chancery
for said county shall be eight.

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

Approved March 23, 1878.

Chap. 80 An Act to supply the town of wayland with pure water.
Be it enacted, &c., as follows :

Section 1. The town of Wayland is authorized to sup-
ply itself and its inhabitants with pure water to extinguisii
fires, generate steam, and for domestic and other uses ; to
establish fountains and hydrants; to regulate tlieir use
and relocate or discontinue the same ; and to fix and col-
lect rents for the use of said water.

Section 2. Said town, for the purposes aforesaid, may
take and hold the water, or so much thereof as may be
necessary, with the water-rights connected therewith, of
any springs, natural ponds, brooks or other water-sources,
within its own limits ; and may also take and hold all ne-
cessary lands for raising, holding and preserving such water,
and conveying the same to any and all parts of said town ;
and may erect thereon proper dams, buildings, fixtures

Additional mas-
ter in chancery
for Essex Couu-

ty-

Wayland to be
supplied with
water.

May take and
hold tlie land
and waters.

1878. — Chapter 80.

Liability for
damages.

and other structures; cand make excavations, and procure
and run machinery therefor, with such otlier means and
appliances as may be necessar}^ for complete and effective
water works ; and for that purpose may construct and lay-
down conduits, pipes and other works under or over any
lands, water-courses or roads, and along any street, high-
way or other way in such manner as when completed not
to unnecessarily obstruct the same; and for the purpose of
constructing, laying down, maintaining and repairing such
conduits, pipes and other works, and for all other proper
purposes of this act, may dig up, raise and embank any
such lands, highways or other ways in sucli. manner as to
cause the least hindrance to travel thereon: provided^ that To fiio in the
within ninety clays after the time of taking any lands, a^'doscnpuon'^of
water-sources or water-rights as aforesaid, otherwise than tiie lund taken.
by purchase, said town shall file in the registiy of deeds
for the southern district of the county of Middlesex, a
description thereof sufficiently accurate for identification,
with a statement of the pui-pose for which the same is
taken, signed by the selectmen.

Section 3. The said town of Wayland shall be liable
to pay all damages sustained by any persons or corpora-
tions in their property, by the taking of any lands, water,
water-sources or water-rights, or by the construction of
any aqueducts, reservoirs or other works for the purposes
aforesaid. If any person, persons, or corporation sustaining
damages as aforesaid, cannot agree with the town upon the
amount of such damages, he or they may have them as-
sessed by the county commissioners for the county of Mid-
dlesex, by making a written application therefor within
two years after the taking of such land or water-sources
or rights, or other injury done as aforesaid under this act,
but not thereafter; and if either party be aggrieved by
the doings of said commissioners in the estimation of said
damages, he or they may have said damages settled by a
jury; and said commissioners and jury shall have the same
poAvers, and the proceedings in all respects shall be con-
ducted in the same manner as is provided for by law with
respect to damages for land taken for highways.

Section 4. For the purpose of paying all necessary
expenses and liabilities incuried under the provisions of
this act, said town shall have authoiity to issue notes,
bonds or scrip from time to time, signed by the treasurer
and countersigned by the chairman of the selectmen, to
be denominated on the face thereof " Wayland Water
Loan," to an amount not exceeding twenty-five thousand

" Waj'land
watur loan" not
to L'xceed $25,-
000.

1878. — Chapter 80.

Sinting fund to
be established.

Penalty for di-
verting water or
rendering it im-
pure.

Construction of
works under
persons to be
chosen by town.

Water commis-
sioners to be
elected.

dollars, payable at periods not exceeding thirty years from
the date thereof, with interest payable semi-annually at a
rate not exceeding six per centum per annum ; and said
town may sell said securities at public or private sale, or
pledge the same for money borrowed for the purposes of
this act, upon such terms or conditions as it may deem
proper. And said town shall annnally raise by taxation
an amount sufficient, together with the net income re-
ceived 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 sinking fund, and con-
tribute thereto by taxation from year to year, an amount
not exceeding in any one year the sum of eight hundred
dollars, excej^ting the year in which said securities ma-
ture ; and said sinking fund shall remain inviolate and
pledged to the payment of said debt, and shall be used for
no other purpose. The board of water commissioners
liereinafter named shall be the trustees of said fund, and
shall report the condition of the same annually to the
town.

Section 5. Whoever wilfully or wantonly corrupts,
pollutes or diverts any of the water taken under this act,
or uses the same for any purpose without consent of the
town, or destroys or injures any dam, conduit, hydrant,
machinery or other works or property held, owned or used
by said town under authority of and for the purposes of
this act, shall forfeit and pay to the said town three times
the amount of the damages assessed therefor, to be recov-
ered in an action of tort ; and on conviction of either of
the acts aforesaid, may be punished also by a fine of not
less than twenty nor moi'e than three hundred dollars, or
by impiisonment in jail not exceeding one j'ear, or by an
infliction of both the above penalties.

Section 6. At the meeting hereinafter provided for
the acceptance of this act, five persons shall be elected by
ballot to contract for and superintend the construction and
com[)letion of the said water works, who may exercise all
rights, powers and jjrivileges for that purpose herein
granted, subject to the instructions of the town.

At said meeting there shall also be elected by ballot, a
board of three water commissioners ; one to serve until
the next annual meeting of the town thereafter, in March
or April; one for a term one year longer; and the third
for a term two years longer than the first: after wiiich
first election, one member of said board as the term expires
shall be elected at the annual meeting, to serve for three

187S. — Chapter 81,

years. Said commissioners shall have charge of the water
works when completed, and may exercise all the rights,
powers and authority granted to said town by this act rel-
ative to such duties, subject to such instructions as tiie
town may from time to time impose by its vote ; and a
majority of said commissioners shall constitute a quorum
for the transaction of business relative both to the water
works, and as trustees of the sinking fund.

Section 7. The town of Wayland is hereby prohib-
ited from discharging its drains or sewers already con-
structed or which may be hereafter constructed, into the
Avater supply of the city of Boston, or brooks flowing
into the same: provided^ that this prohibition shall only
apply to the discharge of polluted matter other than
naturally flows from surface drainage.

Section 8. This act shall take effect from 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 said town present and voting
thereon, at a legal meeting called for that purpose ; and
this act shall be void unless so accepted by said town with-
in two years from the date of its passage.

Approved March 23, 1878.

Kotto discharge
drains or sewers
into the water
supply of Bos-
ton.

Subject to ac-
ceptance by a
two-thirds vote
of the legal
voters.

Boundary line
defined between
Hanover and
Kockland.

An Act to define and establish the boundary line be- Chap. 81

TWEEN THE TOWNS OF HANOVER AND ROCKLAND.

Be it enacted, &c., as follows :

Section 1. The boundary line between the towns of
Hanover and Rockland is hereby defined and established
as follows, to wit: — Beginning at a monument in the
north line of the town of Hanson twelve hundred and
fifty meters easterly from the monument at the south-
west corner of Rockland and running thence in a straight
line north, eight degrees and twenty-seven minutes east,
thirty-three hundred and forty meters, to the old stone
monument at the south-west corner of the ''Drinkwater
shares," near the Otis Ellis place ; thence running north,
one degree and fifty minutes west, thirty-eight hundred
and sixty-three meters, to a monument in range with the
northerly line between the towns of Hanover and South
Scituate ; thence running in said range south, eighty-eight
degrees and six minutes east, thirteen hundred and twenty-
five meters, to the old monument in said line at the corner
of South Scituate and Rockland.

All the territory in said towns lying easterly and south-

58 1878. — Chapters 82, 83, 84.

erly from the above described lines shall be and remain in
the town of Hanover, and all the territory lying westerly
and northerly of said lines shall be and remain in the town,
of Rockland.

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

Approved March 23, 1878.

Chap. 82 -Ajj Act to authorize the town op marblkhead to raise

AND APPROPRIATE MONEY FOR A PORTRAIT OF BENJAMIN
ABBOT AND FOR COMMEMORATIVE TABLETS IN ABBOT HALL.

Be it enacted, &c. , as follows :
fy^fof'ponv^l Section 1. The town of Marblehead is authorized to
^^enjamin raisc by taxation and appropriate such sum of money as
may be necessary, not exceeding one thousand dollars, for
the purpose of obtaining a portrait of Benjamin Abbot,
and also a commemorative tablet, to be placed in Abbot
Hall in said town.

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

Approved March 23, 1878.

Chap. 83 -^^ -^^"^ '^^ AUTHORIZE THE TRUSTEES OF THE GENERAL ASSEM-
BLY OF THE UNITED PRESBYTERIAN CHURCH OP NORTH AMER-
ICA TO HOLD REAL ESTATE IN MASSACHUSETTS.

Be it enacted, &c., as follows:

^tL''n°of os!'*^ Section 1. The trustees of the General Assembly of
ceeding $300,000 the United Presbyterian Church of North America, a cor-
poration established by law in the Commonwealth of
Pennsylvania, is hereby authorized and empowered to pos-
sess and hold real estate in the Commonwealth of Massa-
chusetts, to an amount not exceeding the sum of three
hundred thousand dollars.

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

Approved March 23, 1878.

Chap. 84 An Act to enable stockholders in railroad corporations

TO subscribe for additional stock upon an increase

thereof.

Be it enacted, &c., as folloios :

stockholders in SECTION 1. Any railroad corporation authorized to in-

p'orations may crcasc its Capital stock or to issue additional shares of

dmonai^'LtCck"^' stock for any purpose, instead of selling the same in the

tiier"o"'"°"''^^^ manner prescribed in section forty-six of chapter three

1874, 372, § 46. hundred and seventy-two of the acts of the year eighteen

hundred and seventy-four, may, if its board of directors so

decide, cause written notice of such intended increase of

stock to be given to each stockholder of the corporation,

who was such at the date of such vote to increase, stating

1878. — Chapters 85, 86.

the amount of such increase, and the proportion thereof in
sliares or fractions of shares which such stockhokler would
be entitled to receive on a division of the same, and fixing
a time which shall not be less than thirty days from the
date of said notice, within which such stockholder may
subscribe for such additional stock ; and each stockholder
may witliin the time specified, subscribe for his proportion
as aforesaid of such additional stock at par; the same to
be paid for in cash on the issue of a certificate therefor.

Section 2. ' If after the expiration of the notice pro- if any stock is
vided for in the preceding section, any shares of such addi- for, the nfmain-
tional stock remain unsubscribed for by the stockholders ft'^aucuonf ^"''^
entitled to take them, the directors shall sell the remain-
ing shares in the manner provided in section fortj^-six of
chapter three hundred and sevent3'-two of the acts of the
3^ear eighteen hundred and seventy-four.

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

Approved March 25, 187 8.

An Act relating to the payment of certain damages. Chap. 85

LIABILITIES, COSTS AMD EXPENSES BT THE TOWN OF LEX-
INGTON.

Be it enacted, &c., as follows :

Section 1. The town of Lexington is hereby author- May raise mon-
ized to raise money, by taxation or otherwise, for the pur- penses Tncurred
pose of meeting and defraying all expenses incurrecl in j^e^'jo'.vg""
draining certain meadows therein, under chapter two hun- ists, 214.
dred and fourteen of the acts of the year eighteen hundred
and seventy-three, and all damages and liabilities incurred,
and all costs and expenses to which any of its officers,
agents or employes have been or may be subjected, by rea-
son of any acts done as such in carrying out the provisions
of said chapter, and the votes of said town thereunder, and
all expenditures heretofore made for said purpose are here-
by ratified and confirmed, notwithstanding the failure of
said town legally to accept said act.

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

Approved March 26, 1878.

An Act to amend an act relating to the par value of

SHARES IN corporations.

Be it enacted, &c., as folloios :

Section 1. The provisions of section one of chapter corporations
thirty-seven of the acts of the year eighteen hundred and °8To',%24f§§"3?4^
seventy-thi-ee shall not apply to corporations organized for Jlf par'^vl.h^. of
the purposes mentioned in the third and fourth sections of shares at $100.

Chap. 86

1878. — Chapters 87, 88.

May change par
value of shares.

Proviso.

chapter two hundred and twenty-four of the acts of the
year eighteen hundred and seventy.

Sectiox 2. Any corporation organized for the pur-
poses mentioned in said third and fourth sections may,
at a meeting of its stockhoklers called for the purpose,
change the par value of its shares of capital stock: pro-
vided, that in case of such change a certificate thereof shall
witliin ten days thereafter be made, signed and sworn to
by the pi-esident, treasurer and a majority of the dii-ectors,
and be filed in the office of the secretary of the Common-
wealth.

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

Approved March 28, 1878.

Chap. 87 An Act relating to the advertisements of insurance

COMPANIES.

Be it enacted, &c., as folloios :

Section 1. Whenever any insurance company or asso-
ciation doing business in this Commonwealth advertises
its assets, it shall in the same connection and eqnallj' con-
spicuously advertise its liabilities, the same to be deter-
mined in the manner now required in making the annual
statements to the insurance commissioner; and all adver-
tisements purporting to show the capital of such compa-
nies or associations shall exhibit only the amount of such
capital as has actually been paid up in cash. All policies,
renewals, signs, circulars, cards or other means by which
public announcements are made shall be held to be adver-
tisements witliin the meaning of this act.

Section 2. Any such company or association or any
agent thereof issuing- or circulating advertisements which
are not in conformity with the limitations and require-
ments of the preceding section of this act, shall be liable
to pay a fine of not less than fifty dollars nor more than
five hundred dollars.

Section 3. This act shall take effect on the first day
of January in the year eighteen hundred and seventy-nine.

Ajyproved March 28, 1878.

Chap. 88 An Act to divide the town of wilbuaham and to incor-
porate the town of HAMPDEN.

Be it enacted, &c., as folloivs :
TownofHamp. SECTION 1. All tlic territory HOW withiu the town of
ed? '"'^°''P"''' " Wilbraham, in the county of Hampden, which lies south-
erly of the following described line, that is to say: begin-
ning at a stone monument on the east line of the town of

To advertise lia
Ijilities when ad
"vertising assets

To advertise
only such
amount of capi-
tal as has been
paid up In cash.

Penalty.

To take effect
Jan. 1, 1879.

1878. — Chapter 88. 61

LonG^nipadow, awl eighteen liundred and thirty-two feet Tcnitoriai um-
soutliei-ly by said line tVom llie stone monument marking
the north-east corner of said town of Loiigmeadow ; thence
south eighty-eight degrees and twenty-five minutes east,
fourteen thousand one hundied and fifty-eiglit feet to a
stone monument; thence north twenty-seven degrees and
fifteen minutes east, three thousand three hundred and
thirtv-two feet to a stone monument; thence south eighty-
eight degrees and twenty-five minutes east, nine tliousand
eight liundred and fifteen feet to a stone monument on the
west line of the town of Monson ; is hereby incorporated
into a town by the name of Hampden ; and the said town
of Hampden is hereby invested with all the powers, privi-
leges, rights and immunities, and is subject to all the
duties and requirements to which other towns are entitled
and subjected by the constitution and laws of this Com-
monwealth.

Section 2. The inhabitants of said town of Hampden inhabitants of
shall be holden to pay all arrears of taxes which have "s^^^d'tasL^s''^
been legally assessed upon them by the town of Wilbra- bmhirm.°'^^'""
ham, and also their proportion of all county and state
taxes that may be assessed upon the town of Wilhraham
previously to the taking of the next state valuation, the
same to be ascertained and determined by the last valua-
tion in said Wilbraham ; and such ])roportion of all county
and state taxes, as well as all taxes heretofore assessed and
not collected, shall be collected and paid to the treasurer of
the town of Wilbiaham, together with all interest on taxes
now in the hands of the collector, in the same manner as
if this act had not been passed.

Section 3. Said towns of Wilbraham and Hampden Liability for
shall be respectively liable for the support of all persons l^!}ri"^^ "* ^^^'
who now do or shall hereafter stand in need of relief as
paupers whose settlement was gained whether by original
acquisition or derivation within their respective linn'ts ;
and the town of Hampden shall also pay annually to the
town of Wilbraham its proportion of all the expenses in-
curred by tiie town of Wilbraham by reason of any settle-
ment acquired in Wilbraham in consequence of military
service in the war of the rebellion : pi'ovlded, that the per-
son who rendered such military service was not at the thne
of his enlistment an inhabitant of Wilbraham.

Section 4. All suits and proceedings at law or in suits may be

., , ,-, ,. , . . f, " ^ ■ , prosecuted or

equity, wliere the cause oi action m lavor ot or against fkfcnded by
the town of Wilbraham arose before the passage of this wh'ire^crul'e of
act, may be instituted and prosecuted or defended as the "^"OJ^ =*'""'*« be-

1878. — Chapter 88.

fore passage of
this act.

Proviso.

Division of cor-
porate prop-
erty and public
debt.

Reimburse-
ment for state
aid.

If towns do not
agree upon di-
vision of prop-
erty, &c., court
to appoint com-
missioners.

case may be, by eithei* or both of the towns of Wilbraham
and Hampden or the inhalntants thereof in their corporate
capacit}^ in the same manner and with the same effect as
the town of Wilbraham might have instituted and prose-
cuted or defended such suits or proceedings had this act
not been passed ; and tlie amount recovered in any such
suit or proceeding by or against said town of Wilbraham,
or said town of Hampden, shall be received or paid, as the
case may be, by the towns of Wilbraham and Hampden,
in the same proportions as the public property and debts
of the town of Wilbiaham are required to be divided by
this act : provided^ that neither of said towns shall be liable
for costs to the other, unless it appears in the suit ; nor
shall either town be so liable, unless it appears in a suit,
for costs to the defendant therein, but only that town
which appears shall be so liable for costs.

Section 5. The corporate property belonging to the
town of Wilbraham at the date of the passage of this act,
excepting such as may otlierwise be lawfully disposed of,
and the public debt of said town, shall be divided between
the towns of Wilbraham and Hampden according to the
valuation of the property within their respective limits,
as assessed May first, in the year eighteen hundred and
seventj^-seven ; and said town of Hampden shall receive
froiu said town of Wilbraham a proportionate part of
whatever amount may hereafter be refunded to said town
of Wilbraham, from the state or the United States, to reim-
burse said town of Wilbraham for bounties or state aid to
soldiers or their families, after deducting all reasonable
expenses ; and said towns of Wilbraham and Hampden
shall bear the expense of making the survey and establish-
ing the line between said towns, in the same propoi-tions
as the public property and debts of said town of Wilbra-
ham are required to be divided by this act.

Section 6. In case said towns of Wilbraham and
Hampden shall not agree in respect to a division of prop-
erty, debts, or state or county taxes, the superior court
for the county of Hampden shall upon a petition of either
town appoint three competent and disinterested persons
as commissioners to hear the parties, and award tiiereon,
and their award, or the award of any two of them, being
accepted by said court, shall be final, and said petition
may be filed and appointments made in vacation ; and said
court shall have jurisdiction to render judgment or make
any order or decree upon said award, to issue execution
or any other proper process to enforce such judgment,

1878. — Chapter 88. 63

decree or order, but the award shall not be set aside un-
less for fraud or manifest error, in which case the court
may recommit the award or appoint otlier commissioners
with the same powers and duties as the first, of whose pro-
ccedinp^s the court shall have the same jurisdiction as
herein before provided. In making said award said com-
missioners shall assign the real estate, owned by said town
of Wilbraham at the time of the passage of this act, to the
town within which said estate shall be situated, so far as
such assignment shall be practicable.

Section 7. The town of Hampden, until otherwise Election of na.
provided by law, shall continue to be a part of the 0^-8°'^'''*'^
eleventh congressional district, of the eighth councillor dis-
trict, of the first Hampden senatorial district, of the second
Hampden representative district, and within the jurisdic-
tion of the police court of Springfield; and the voters
of the town of Hampden shall vote for representatives
to congress, senators and representatives to the general
court, and members of the council, in said town of Hamp-
den, at meetings legally called for that purpose; and the
clerk of the town of Hampden shall make returns and
meet with the clerks of the towns of Palmer, Ludlow and
Wilbraham, for the purpose of ascertaining the result of
the election of rej)vesentatives for said second Hampden
representative district, and making certificates of the same
at noon on the day following said election, at such place
as has been or may hereafter be legally designated for the
meeting of said clerks.

Section 8. Any justice of the peace within and for First meeting
the county of Hampden may issue his warrant, directed to town officers,
any inhabitant of tlie town of Hampden, requiring him to
notify and Avarn tlie inhabitants thereof, qualified to vote
in town affairs, to meet at the time and place therein ap-
pointed, for the purpose of choosing all such town officers
as towns are by law authorized and required to choose at
their annual meetings : and said warrant shall be served
by posting up copies thereof, attested by the person to
whom the same is directed, in three public places in said
town of Hampden, seven days at least before such time of
meeting; such justice, or in his absence such inhabitant
required to notify tlie meeting, shall preside until the
choice of moderator of said meeting. The selectmen of
tlie town of Wilbi'aham shall, before said meeting, prepare
a list of voters in said town of Hampden qualified to vote
at said meetings, and shall deliver the same to the person

1878. — Chapters 89, 90, 91, 92.

presiding at such meeting before the choice of a moderator
thereof.

Section 9. This act shall take effect upon its passage.

Approved March 28, 1878.

Chap. 89 An Act to amend an act authorizing towns to provide

FOR THE RP:M0VAL OF SNOW AND ICE FROM SIDEWALKS.

Be it enacted, &c., as follows:

Section 1. The first section of chapter one hundred
and fourteen of the acts of the year eighteen liundred and
sixty-three is hereby amended by striking out all after the
word "sidewalks," in said section, and inserting in place
thereof the words " within the limits of the highways or
townways in such towns."

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

Approved March 29, 1878.

Amendment to
1863, lU, § 1.

Chap, 90

Amendment to
1874, o72, § 1«.

Chap. 91

May require
erection of bar-
riers upon build-
ings, to prevent
snow and ice
from falling up-
on travellers.

Chap. 92

Not to provide

An Act in relation to railroad police.
Be it enacted, &c., as follows:

Section 1. Section one hundred and forty-three of
chapter three hundred and seyenty-two of the acts of the
year eighteen hundred and seyenty-four is hereby amended,
by striking out the words "such railroad extends," and
inserting in place thereof the words " such corporation-
draws its cars by its own motive power."

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

Approved March 29, 1878.

An Act authorizing cities and towns to pass ordinances
and by-laws for the protection of travellers on streets
and public w.a.ys.
Be it enacted, &c., as follows :

Cities and towns may make ordinances and by-laws,
with appropriate penalties for the violation thereof, re-
quiring owners of buildings near the line of streets and
public ways to erect barriers or take other suitable meas-
ures to prevent the falling of snow and ice from such
buildings upon persons travelling on such streets and
ways, and to protect such persons from any other dangers
incident to the maintenance, occupation or use of such
buildings. Approved March 29, 1878.

An Act to amend section one of chapter fifty-nine of the

ACTS OF the year EIGHTEEN HUNDRED AND SIXTY-SEVEN,
CONCERNING THE PROTECTION OF CAMP MEETINGS.

Be it enacted, &c., as folloios :

Section 1. Section one of chapter fifty-nine of the acts .

1878. — Chapters 93, 94.

Title of goods to
pass by indorse-
ment and deliv-
ery of ware-
houseman's re
ceipt.

Receipts to
state brand,
grade, &c.

Receipts for
grain to give ti-
tle to quantity
therein designa-
ted.

of the year eighteen hundred and sixty-seven is hereby for horses for
amended by inserting the words "or furnishes shelter and LX of camp°
provender for, or has the care of any horses for pay," after ^u^fpermi'ssioA.
the word "refreshments," in the fifth line.

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

Approved March 29, 1878.

An Act to amend an act relating to public warehouses. Chap. 93
Be it enacted., t&c, as follows:

Section 1. The title to goods and chattels stored in a
public warehouse shall pass to a purchaser or pledgee by
the indorsement and delivery to such purchaser or pledgee
of the warehouseman's receipt therefor, signed by the per-
son to whom the receipt was Originally given or by an
indorsee of the receipt.

Section 2. All warehouse receipts for property stored
in public warehouses shall distinctly state on their face the
brand or distinguishing marks upon such property ; or if
the receipts are given for grain, they shall state as above,
the quantity and inspected grade of the grain.

Section 3. Where grain or other property is stored in
a public warehouse in such a manner that different lots or
parcels are mixed together, so that the identity of the same
cannot be accurately preserved, the warehouseman's re-
ceipt for any portion of such grain or property shall be
deemed a valid title to so much thereof as is designated in
said receipt, without regard to any separation or identifi-
cation.

Section 4. Sections two and three of chapter two
hundred and ten of the acts of the year eighteen hundred
and seventy-three are hereby repealed.

Section 5. Section three of chapter two hundred and
six of the acts of the year eighteen hundred and sixty is
hereby amended by striking out the words " said receipt
shall also have printed upon it a copy of this law." And
section six of the same chapter'is amended by striking out
the words " and the indorsement thereof."

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

Ap)proved March 29, 1878.

An Act relating to securities held by savings ban^ks and Chap. 94

TRUST companies, IN PLEDGE OR AS COLLATERAL.

Be it enacted, &c., as follows :

Section 1. The provisions of chapter two hundred and ^^PT'^'o'is of
three of the acts of the year eighteen hundred and seventy- im'pair title to
six, shall not be construed to invalidate or in any manner ^^'''^'■"^®^
9

Repeal of 1873,
210, §§ 2, 3.

Amendments to
1S60, 206, §§ 3, 6.

1878. — Chapters 95, 96.

pledged for
loanfi.

impair the title of any savings bank or trust company to
any securities which have been or may be held by such
bank or company in pledge or as security for any loan by
or indebtedness to such bank or company; and the same
shall be held for the purposes for which they were pledged.
But nothing herein contained shall authorize any savings
bank or trust company to make other investments than
those now prescribed by law.
Section 2. This act shall take effect upon its passage.

Approved March 29, 1878.

Bristol.

Chap. 95 An Act fixing the terms of the superior court, in the

COUNTY OF BRISTOL.

Be it enacted, &c., as folloios:
Terms of the SECTION 1. The tcrms of the superior court in the

for^rhe°coun'ty'of couuty of Bristol shall hereafter be held on the first Mon-
days of March, June, September and December, in each year,
instead of the times now provided by law. All writs and
other processes in civil cases, and all recognizances and
appeals in criminal cases, whicli may have been made
returnable to or answerable in the term of said court to be
held on the second Monday of June next, shall be entered
in and be legally returnable to and answerable in the term
of said court provided hereby to be held on the first Mon-
day of June next.

Section 2. This act shall take effect on the first day of
May next. Approved March 29, 1878.

Chap. 96 -^^ -^^'^ "^^ INCORPORATE THE CENTRAL CEMETERY ASSOCIATION

OF RANDOLPH.

Be it enacted, &c., as follows:

Section 1. Nathaniel Howard, Seth Mann, 2d, J.White
Belcher, Seth Turner, Hiram C. Alden, Royal W. Turner,
John B. Thayer, their associates and successors, are hereby
made a corporation by the name of the " Central Cemetery
Association of Randolph," for the purpose of perfecting,
controlling and improving the grounds set apart, used and
known as the " Central Cemetery or Burial Ground " in
the town of Randolph ; and said corporation shall have all
the powers and be 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 similar corpora-
tions, except as is hereinafter provided.

Section 2. A majority in numbers and interest of the
proprietors of said cemetery or burial ground, present and

Corporators.

Natae and pur-
pose.

Powers and du-
ties.

Organization.

1878. — Chapters 97, 98.

May construct
sidewalk in
front of cenie-

Remains to be
removed and
buried elee-
wliere.

voting at a meeting legally notified for such purpose, may
organize said corporation under this act.

Section 3. Said corporation may, for the purpose of
constructing a sidewalk in front of said cemetery, take a
strip of land from the front thereof not exceeding four ''■'y-
feet in width, and any person damaged by such taking
shall have his damages assessed in the same manner pro-
vided for assessing damages in case of taking land for
highway purposes : provided, that said corporation shall
first cause all remains, if any, interred in that portion of
the burial ground so taken, to be removed and buried else-
where under such reasonable directions as the relatives, if
any, of the deceased may give ; and the expense of such
removal and re-interment shall be defrayed by the said
corporation.

Section 4. The said corporation may acquire by gift. Real and person-
devise or purchase, and hold in fee simple, so much real ^' ^^^^^'
estate in the town of Randolph, and may also hold so
much personal property, as may be necessary for the ob-
jects connected with and appropriate to the purposes of
said corporation.

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

Approved March 29, 1878.

An Act relative to the board of overseers of the poor of Chap. 97

THE city of SPRINGFIELD.

Be it enacted, &c., as follows:

Section 1. The city physician of the city of Spring- cuy physician
field shall be, ex officio, a member of the board of over- over^eee/s of the
seers of the poor of said city, and shall be duly sworn pooj"-
to the faithful discharge of his duties as such member.

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

Approved March 29, 1878.

An Act to confirm certain acts done by lyman a. ely as Chap. 98

A JUSTICE of the PEACE.

Be it enacted, &c., as folloios:

Section 1. All acts done by Lyman A. Ely as a justice
of the peace within and for the county of Worcester,
between the seventh day of May in the year eighteen
hundred and seventy-six, and the sixteenth day of October
in the year eighteen hundred and seventy-seven, are here-
by 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 29, 1878.

Acts done as a
justice of the
peace confirmed.

1878. — Chapters 99, 100, 101.

May increase
capital stock.

Duties and lia-
bilities.

Chap. 99 An Act relating to the butchers' slaughtering and melting

ASSOCIATION.

Be it enacted^ &c., as follows:

Section 1. The Butchers' Slaughtering and Melting
Association is hereby authorized to increase its capital
stock to an amount not exceeding three hundred thousand
dollars ; and the holders of the bonds of said corporation
may exchange the.same for an equal amount of the stock
of said corporation at par, within the limit hereby fixed to
the amount of said capital stock.

Section 2. Said corporation shall have the rights and
be subject to the liabilities set forth in chapter two hun-
dred and twenty-four of the acts of the year eighteen hun-
dred and seventy and the acts in addition thereto ; but
said corporation shall continue subject to all the duties and
obligations now imposed upon it by its charter and any
laws in addition to or amendment of the same.

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

Approved March 29, 1878.

Chap. 100 An Act relative to the terms of the superior court within

AND FOR THE COUNTY OF NANTUCKET.

Be it enacted, &c. , as follows :

Section 1. The terms of the superior court within and
for the county of Nantucket shall hereafter be held on the
first Tuesdays of July and October in each year, instead of
the times now provided by law. All writs and other
processes in civil cases, and all recognizances and appeals
in criminal cases, which may have been made returnable to
or answerable in the term of said court to be held on the
first Monday of June next, shall be entered in and be
legally returnable to and answerable in the term of said
court provided hereby to be held on the first Tuesday of
July next.

Section 2, This act shall take effect on the first day
\ of May next. Approved March 30, 1878.

Chap. 101 An Act in addition to an act establishing the city of salem.

Be it enacted, &c., as follows:

Section 1. The board of aldermen of the city of Salem
shall consist of seven members ; and at any time after the
acceptance of this act in the manner hereinafter provided,
the board of aldermen of said city may issue a warrant for
the election of one additional member of said board, to
serve until the expiration of the present municipal year, in
the manner now provided by law in the case of vacancies

Terms of the
superior court
for the county
of Nantucket.

Board of alder
men to consist
of eeven mem-
bers.

1878. — Chapters 102, 103.

May be removed
from office by
city council.

Successor to be
elected by city
council.

occurring in said board ; and at the next annual election
for municipal officers there shall be chosen seven members
of said board.

Section 2. This act shall take effect upon its accept- subject to ac
ance by a t-wo-thirds vote of each branch of the city coun- two4hMs^ote
cil, but shall be void unless so accepted within sixty days coJncii^'^^
from its passage. Apx>roved March 30, 1878.

Ax Act concerning the treasurer and collector of the city Chap. 102

OF CAMBRIDGE.

Be it enacted, &c., as follows:

Section 1. The treasurer and collector of the city of
Cambridge may be removed from office at any time for
sufficient cause, by the maj^or with the consent and ap-
proval of three-fourths of all the members of each branch
of the city council, upon a yea and nay vote. The city
council shall in convention by joint ballot elect a suc-
cessor to any treasurer and collector thus removed, and the
collector thus chosen shall complete the collection of all
taxes and assessments which were committed to the former
collector, and all proceedings in such collection shall be
conducted in the same manner as is provided by law in the
case of the death of a collector.

Section 2. All fees, charges and commissions of every
kind and description allowed by law for the collection of
taxes, betterments, rates and assessments of every kind to
any person or persons authorized to collect the same upon
any warrant or other command hereafter directed to the
treasurer and collector of the city of Cambridge in his
capacity as treasurer or as collector or as both treasurer
and collector, shall be collected and paid into the treasury
of said city, and shall be the projDerty of said city. The
city may pay to such person such compensation for his
services as the city council shall from time to time deter-
mine.

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

A2'>proved March 30, 1878.

An Act to amend an act concerning the division of flats. Chap. 103
Be it enacted, &c., as follows:

Section 1. Any person who shall by purchase, devise. Person acquir-

descent, or the enforcement of any mortgage or lien, dur- fl°us durrng pro-

ing the pendency of proceedings for the division of flats vis^ionfbirJof''

under the provisions of chapter three hundred and thirty- may be made'

eight of the acts of the year eighteen hundred and p^*"'^' ^^^^°'
seventy-one, acquire any interest or title in or to any flats

Charges allowed
Viy law for col-
lection of taxes,
&c., to be paid
into city treasu-
ry-

Compensation.

1878. — Chapters 104, 105, 106.

Chap. 104

Returns con-
cerning fires to
be made to in-
surance commis-
sioner.

which are the subject matter of such proceedings, may
be made by order of the court a party thereto, and be
made chargeable with a share of the expenses of the same,
in such manner and to such extent as justice shall require
and the court may prescribe.

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

Approved April 5, 1878,

An Act requiring returns relating to fires.
Be it enacted, &c. , as folloivs :

Section 1. The mayor and aldermen of each city, and
the selectmen of each town in this Commonwealth, shall
annually in the month of January return to the insurance
commissioner a statement showing the number of fires
which have occurred in their respective cities and towns
during the preceding year. Such retwrn shall also state
the names of the owners or occupants of the premises
damaged or destroyed, the cause or origin of the fire, if
known, the amount of loss or damage and the insurance
thereon.

Section. 2. The insurance commissioner shall in due
season prepare and forward to the officials named, blanks
suitable for making the returns required by the first sec-
tion of this act, and shall include in his annual report to
the legislature a condensed statement of statistics derived
from such returns.

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

Approved April 3, 1878.

Chap. 105 -^N ■^^'^ RELATING TO THE .VENUE OF PROSECUTIONS FOR EM-
BEZZLEMENT.

Be it enacted, c&c, as follows:
Trial, &c., in A pcTsou charged with embezzlement may be com-

wh^rTp^operty pl^iued of OT iudictcd, tried and sentenced, in any county
lias been in pos- in which hc had possession of the property alleged to have

been embezzled. Approved April 3, 1878.

An Act to prevent deception in . sales of butter.
Be it enacted, &c., as follows:

Section 1. Every person who shall manufacture for
sale, or who shall offer or expose for sale, any article or
substance in semblance of butter, not the legitimate prod-
uct of the dairy, and not made exclusively of milk or
cream, but into which the oil or fat of" animals, not pro-
duced from milk, enters as a component part, or into
which melted butter, or any oil thereof has been intro-
duced to take the place of cream, shall distinctly and

ComraiBsioner
til furnish blanks
for returns, and
make report to
legislature.

Cha}}. 106

Substances
offered for sale,
in semblance of
butter and not
made from milk
or cream, to be
branded " oleo-
margarine."

1878. — Chapter 107.

durably stamp, brand or mark upon the top and side of
evorv tub, firkin, box or package of such article or sub-
stance, the word " oleo-margarine," in letters at least one-
half inch in size ; and in case of retail sale. of such article
or substance in parcels, the seller shall in all cases deliver
therewith to the purchaser a written or printed label bear-
ing the plainly written or printed word " oleo-margarine ; "
and every sale of such article or substance not so stamped,
branded, marked or labelled, is declared to be unlawful; Action on con-

T ,. 1111 • J. • T • Til j.--r tract for sale not

and no action shall be maintained m any ot the courts oi to be maintain-
this state to recover upon any contract for the sale of any ^^{."tan^ is so
such article or substance not so stamped, branded, marked branded.
or labelled.

Section 2. Every person who shall knowingly sell, or Penalty for seii-
offer to sell, or expose for sale, or have in his or her pos- ry^to the pov^s-
session with intent to sell, contrary to the provisions of ions of this act.
this act, any of the said article or substance required by
the first section of this act to be stamped, marked or la-
belled as therein stated, or in case of retail sale without
deliver}' of a label required by the first section of this act,
shall for each such offence be punished by a fine of one hun-
dred dollars ; and on trial for such offence, proof of the
sale, or offer to sell, or of the exposure for sale, shall be.
presumptive evidence of knowledge of the character of
the article so sold, or offered, or exposed, and of knowl-
edge that the same was not marked, branded, stamped or
labelled as required by this act.

Approved April 3, 1878.

An Act authorizixg the supreme judicial court to ad- Chap, 107

JOURN to and hold SPECIAL TERMS IN FALL RIVER.

Be it enacted, <&c., as folloios:

Section 1. If the public business demands, the su-
preme judicial court may adjourn any established terra
within and for the county of Bristol from either Taunton
or New Bedford to Fall River, in the same manner and
with the same effect as it may now adjourn from one shire
town to another ; and any adjournment so made shall be
subject to all the provisions of law relating to adjourn-
ments from one shire town to another.

Section 2. The justices of the supreme judicial court
may hold at Fall River, within and for the county of Bris-
tol, any special term authorized by the provisions of chap-
ter four hundred and thirty-three of the acts of the year
eighteen hundred and sixty-nine.

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

Approved April 5, 1878.

Supreme judi-
cial court maj'
adjourn any
regular term
from Taunton
or New Bedford,
to Fall River.

Special terms of
court under
1869, 433.

1878. — Chapters 108, 109, 110.

Fall River may
borrow money
to fund floating
debt.

Chap. 108 -A-N Act relative to funding the floating debt op the

CITY OF FALL RIVER.

Be it enacted, c&c, as folloius :

Section 1. .For the purpose of funding the floating
debt of the city of Fall River, the city council of said city
is hereby authorized to borrow from time to time, an
amount of money not exceeding in all the sum of two
hundred and fifty thousand dollars, in addition to the
amounts now authorized by law, and to issue therefor the
bonds of said city, payable not more than twenty years
from the time of their issue in the lawful money oi the
United States. And said council may dispose of the
whole or any part of said bonds, at any time or times, for
money borrowed for the purposes aforesaid, upon such
terms as said council may deem proper. And said council
is hereby further authorized to grant appropriations and

appropriations j?j_- xj_- p jy • j p j -i

for the payment asscss iTom timc to time, sums 01 money sumcient lor the
bondaf'^*^^' °° payment of the interest on such bonds so issued and out-
standing, in the same manner as moneys are appropriated
and issued for other said city purposes ; and all money so
borrowed as aforesaid shall he applied in payment of said
floating debt, and for no other purpose or purposes what-
soever.

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

Approved Ap>ril3, 1878.

May grant

Chap. 109 An Act to confirm the election of moderator in the town

OF BRADFORD.

Election of mod-
erator ratified
and confirmed.

Be it enacted, &c. , as follows :

Section 1. The election of moderator made at a town
meeting held on the eighteenth day of March in the year
eighteen hundred and seventy-eight, in the town of Brad-
ford, so far as the same may appear illegal for the reason
that the check list was not used in said election, is hereby
ratified and confirmed, and the same shall be taken and
deemed good and valid in law to all intents and purposes
whatsoever.

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

Approved April 5, 1878.

Chap.W^ An Act abolishing the tolls on Connecticut river bridge

BETWEEN THE TOAVNS OF DEERFIELD AND MONTAGUE.

Be it enacted, &c., as follows:
County commis- SECTION 1. The couuty commissioncrs of the county of
comract'^^th Franklin are hereby authorized to contract with the pro-
proprietors for prietors of Connecticut River Bridge, at any time within

1878. — Chapter 110.

one year from the passage of this act, for tlie use by
the public, free of tolls, of that portion of the bridge of the
said proprietors which is now used as a toll bridge ; and
the said proprietors are authorized to lease the same to the
said commissioners and their successors for the use of the
public, for such period and upon such terms and conditions
as may be agreed upon by the said commissioners and the
said proprietors. The rent to be paid for the use of the
bridge by the public shall be fixed by said contract, and
may be made payable in one sum or in annual or semi-
annual payments as shall be stipulated in said contract,
and shall be paid to the said proprietors from the treasury
of the county of Franklin. When the said contract shall
have been executed, the county commissioners shall file the
same in the office of the clerk of the supreme judicial court
for the county of Franklin ; and tliereafter no tolls shall
be demanded upon said bridge during the period for which
the same shall have been leased by said contract for the
use of the public.

Section 2. The supreme judicial court sitting in any
county or any justice thereof, after such notice as the said
court or justice may order, upon the application of the
county commissioners of the county of Franklin or of the
selectmen of any town in said county, made after the said
contract shall have been executed, shall appoint a board of
three commissioners ; and said commissioners having first
been duly sworn to the faithful and impartial discharge of
their duties, shall after due notice to all parties interested
and a hearing thereon, determine and award what towns
in the county of Franklin are or will be specially benefited
by the provisions of the first section of this act and by the
contract to be made in pursuance thereof, and shall deter-
mine and award what proportions of the rent stipulated to
be paid under said contract for the use of said bridge, not
less than nine-tenths thereof in all, shall be paid to the said
county by the said towns respectively. If the whole ex-
pense of repairing and maintaining the said bridge shall
not be assumed under said contract by the said proprie-
tors, the said commissioners shall also determine in what
proportions and manner the said county of Franklin and
the towns benefited as aforesaid shall defray the expenses
of the maintenance and repairs of said bridge which may
be assumed by the lessees, and shall determine and award
in what proportions and to what extent the said towns
benefited as aforesaid shall be liable to reimburse the said
county for any penalties or damages which may hereafter

the use of the
bridge by the
public, free of

tolls.

Contract to be
filed in office ol
clerk of courts.

Commissioners
mav be appoint-
ed by S. J. C. to
determine the
amount of rent
to be paid by
towns benehted.

Expenses of
maintenance
and repairs.

1878. — Chapters 111, 112.

be paid for any neglect in keeping the same safe and con-
venient for travel. The said county shall be primarily
damages. "^"^ liable howcvcr for the payment of such penalties and dam-
ages. The said commissioners shall also determine in
what proportions all other costs and expenses incurred
under this act, including the fees and expenses of the
commissioners, shall be paid by the said county and towns
respectively. And their determination and award, or that
of the major part of them, shall be made in writing and
reported to the supreme judicial court for the county of
Franklin, and the same shall be final and binding upon all
parties interested therein, when the same shall have been
accepted and judgment shall have been entered thereon by
the supreme judicial court.

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

Approved April 5, 1878.

Chap. Ill An Act concerning the new york and new England railroad

COMPANY.

Be it enacted, &c., as follows:

Section 1. The New York and New England Railroad
Company, for the purpose of improving its terminal facili-
ties in Boston, may construct suitable approaches for the
use of said railroad from the present location of said road
to any property occupied or owned by it upon the west
side of Fort Point Channel : provided, that said approaches
shall not interfere with the present draw in Fort Point
Channel, or with the access to any property not now occu-
pied or owned by said railroad company, and that they be
constructed upon piles wherever outside of the commis-
sioners' line, and subject to all general laws applicable to
the building of structures in tide water.

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

App)roved April 3, 1878.

Chap. 112 An Act to incorporate the proprietors of maple grove

CEMETERY.

Be it enacted, &c. , as follows :

Section 1. Silas Mosman, John B. Wood, R. E. Rob-
ertson, L. H. Brigham, Emerson Gaylord, George M.
Stearns, Amaziah Bullens, J. T. Ames, S. A. Jacobs and
J. B. Fuller, their associates and successors, are hereby
made a corporation by the name of Proprietors of Maple
Grove Cemetery; and said corporation shall have all the
powers, and be 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.

May construct
approaches
from present lo-
cation, to prop-
erty on west side
of Fort Point
Channel.

Corporators.

Powers and du
tlea.

1878. — Chapter 113.

Section 2. Silas Mosman, John B. Wood and R. E.
Robertson, are hereby authorized, whenever said corpora-
tion shall be duly organized, to release and convey to said
corporation all the real estate and rights of property,
which they hold as trustees under the deeds by which the
Springfield Canal Company heretofore conveyed certayi
lands in Chicopee to James K. Fletcher, Benning Leavitt
and Austin Chapin, second, in trust for the use of the
inhabitants of Cabotville, to be set apart as a burial
ground for said village of Cabotville : provided, how-
ever, that the said conveyance herein authorized shall not
be made until the selectmen of the town of Chicopee shall
give their consent thereto in writing. Upon such convey-
ance being made, the said trustees shall be released from
any further trust in reference thereto ; and said corporation
shall take and hold the lands so released and conveyed, in
trust, for the purposes specified in said deeds. Said corpo-
ration shall thereupon have the management and control
of the burial ground in the town of Chicopee which is
known as Maple Grove Cemetery, including all additions
which have been or may hereafter be made to said ceme-
tery ; and may make such rules and regulations for the
management, use, preservation and ornamentation of the
said cemetery as may be deemed necessary, said rules and
regulations not to be inconsistent with the laws of this
Commonwealth nor with the terms of said deeds.

Section 3. Said corporation may receive and hold any
gifts, grants, donations or bequests, for the benefit and
improvement of said cemetery; and shall manage and
apply said gifts, grants, donations or bequests, in such
manner as may be prescribed by the donor or grantor
thereof ; may also establish a permanent fund, not to ex-
ceed in amount the sum of ten thousand dollars ; may
invest the same in such securities as the said corporation
may from time to time determine, and apply the income
thereof to the improvement and preservation of said Maple
Grove Cemetery.

Section 4. This act shall take effect whenever it shall
be accepted by the board of selectmen of the town of
Chicopee. Approved April 3, 1878.

TruRtces may
convey lands
liekl fur ii bnrial
ground in Cabot-
ville.

Proviso.

Corporation to
have control of
burial ground.

May receive and
hold bequests,
grants, and
donations.

Permanent fund
not to exceed
$10,000.

Subject to ac-
ceptance by the
selectmen.

An Act in relation t^ meetings of the directors op the Chap.W^

BOSTON AND ALBANY RAILROAD COMPANY.

Be it enacted, &c., as follows :

Section 1. Stated meetings of the directors of the stated meetings
Boston and Albany Railroad Company shall be held regu-

of directors to be

1878. — Chapter 114.

Trustees of the
public library of
the city of
Boston, incor-
porated.

Real and per-
sonal estate
not to exceed
$1,000,000.

Investments.

held once each larlj" and at least once in each month at such time and
month. place as said directors shall determine.

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

Ajyproved April 3, 1878.

Chap. 114 An Act to incorporate the trustees of the public library

OF THE CITY OF BOSTON.

Be it enacted,) &c. , as follows :

Section 1. The trustees of the public library of the
city of Boston for the time being are hereby made a corpo-
ration by the name of the Trustees of the Public Library
of the City of Boston ; and said trustees and their suc-
cessors in office shall continue a body corporate for the
purposes hereinafter set forth, with all the powers and
privileges and subject to all the duties, restrictions and
liabilities in the general laws relating to such corporations.

Section 2. Said corporation shall have authority to
take and hold real and personal estate to an amount not
exceeding one million dollars, which maybe given, granted,
bequeathed or devised to it, and accepted by the trustees
for the benefit of the public library of the city of Bos-
ton or any branch library, or any purpose connected there- ■
with. Money received by it shall be invested by the
treasurer of the city of Boston under the direction of the
finance committee of said city ; and all securities belong-
ing to said corporation shall be placed in the custody of
said treasurer: provided, always, that both the principal
and income thereof shall be appropriated according to the
terms of the donation, devise or bequest, under the direc-
tion of said corporation.

Section 3. The trustees of the public library shall be
seven in number. In the month of April in the year
eighteen hundred and seventy-eight and annually there-
after in the month of January, the city council shall elect,
by concurrent vote of the two branches, one member of
the board of aldermen, and one member of the common
council, to be members of said board of trustees, to hold
office during the remainder of the municipal year in which
they are elected, and until others are elected in their
places. And in the month of April in the year eighteen
hundred and seventy-eight, the mayor shall appoint, sub-
ject to the confirmation of the city council, five citizens of
Boston, not members of the city council, to be members of
the board of trustees of the public library, one of whom
shall hold office for five years, one for four years, one for
three years, and one for two years, and one for one year ; and

Trustees to be
seven in num-
ber.

1878. — Chapter lU. 77

upon such election, and such appointment and confirma-
tion, the terms of office of the trustees of the public library-
then holding office shall cease and determine. And an-
nually thereafter, in the month of April in each year, the
mayor shall appoint, subject to the confirmation of the city
council, one citizen at large as a trustee of the public
library, to serve for a term of five years from the first
Monday in May in the year in which he shall be appointed.
The trustees shall at all times be subject to removal from Removal from
office for cause by a vote of two-thirds of each branch of °®°®-
the city council present and voting thereon. Whenever
any vacancy shall occur in said board of trustees by death,
resignation or otherwise, said vacancy shall be filled by the
election or appointment, in the manner aforesaid, of another
trustee, who shall hold office for the residue of the unex-
pired term. No member of said board of trustees shall
receive any pecuniary compensation for his services.

Section 4. The members of said board shall meet for organization of
organization on the first Monday of each ]\Iay, and choose ^^^1^ ° *'^''
one of their number as president. They shall have power
to make such rules and regulations relating to said public
library and its branches, and its officers and servants, and
to fix and enforce penalties for the violation of such rules
and regulations, as they may deem expedient : provided,
that the same shall not be inconsistent with the provisions
of this act, and shall be subject at all times to such limita-
tions, restrictions and ^endments as the city council may
direct.

Section 5. The said trustees shall have the general Trueteestohave

d.io.i ,1 ii'Ti ^ j1 care and control

control ot the central public library now located of the central

in Boylston street in said city and of all branches thereof, jJrancLr*^ "*

which have been or which may hereafter be established,

together with the buildings and rooms containing the

same, and the fixtures and furniture connected therewith,

and also of the expenditures of the moneys appropriated

therefor.

Section 6. The said board of trustees may appoint a May appoint
superintendent or librarian with such assistants and sub- i^g^ntr and fix
ordinate officers as they may think necessary or expedient, their compensa-
and may remove the same, and fix their compensation :
provided, that the amount thus paid shall not exceed the Proviso-
sum appropriated by the city council for that item of ex-
pense, and the income of any moneys which may lawfully
be appropriated for the same purpose from funds or prop-
erty held by said trustees under the provisions of this act.

Section 7. The city council shall have power to pass

1878. — Chapters 115, 116.

Acts legalized
and confirmed.

City council may siich Ordinances not inconsistent herewith or repugnant to
aftodutieTor^ othcr laws of the Commonwealth as to the duties and
board. authority of said board as tliey may from time to time

deem expedient.

Section 8. This act shall take effect upon its passage.

Approved April 4, 187 S.

Chap. 115 An Act relating to the fourth congregational precinct in

ROCHESTER.

Be it enacted, &c., as follows:
Name changed. SECTION 1. The name of the Fourth Congregational
Precinct in Rochester, is hereby changed to the First Con-
gregational Society in Marion.

Section 2. All acts which have been done and per-
formed by the Fourth Congregational Precinct in Roches-
ter since the year eighteen hundred and fifty, under the
name of the Congregational Precinct in Marion, the First
Congregational Precinct in Marion, or the First Congrega-
tional Society in Marion, are hereby legalized and con-
firmed, and made of the same force and effect as if per-
formed under its corporate name.

Section 3. Said corporation is hereby authorized to
hold personal and real estate to the amount of thirty thou-
sand dollars, subject to all the laws which now do or may
hereafter apply to such religious societies.

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

Approved April 4, 1878.

116 An Act to amend chapter forty-nine of the general statutes
IN relation to the inspection and sale of hoops.
Be it enacted, &c., as follows :

Section 1. Section eighty-six of chapter forty-nine of
the General Statutes is hereby amended so that it shall
read as follows, to wit: — Hogshead hoops that are exposed
to sale or exported shall be from ten to fourteen feet in
length, of white oak or walnut, of good and sufficient sub-
stance, and well shaved, and shall not be less than one
inch broad at the least end ; each bundle shall consist of
twenty-five hoops, and all hoops of ten, twelve and four-
teen feet respectively, shall be made up in distinct bun-
dles by themselves. If hoops of less dimensions than
those prescribed by law are packed, or if a bundle
contains less than twenty-five hoops, the bundle shall
be forfeited, and may be seized by the culler of hoops and
libelled for the benefit of the place where it is offered for
sale.

Real and per-
gonal estate,
$30,000.

Chap.

Inspection and
eale of hoops.
G. 8. 49, § 86.

1878. — Chapters 117, 118.

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

Ajyproved April 4, 1878.

Ax Act to authorize the boston, clinton," fitchburg and Chap. 117

NEW BEDFORD RAILROAD COMPANY TO DISCONTINUE ITS PAS-
SENGER STATION IN NEW BEDFORD.

Be it enacted, tfcc, as follows:

The Boston, Clinton, Fitchburg and New Bedford Rail- May cii«continue
road Company is authorized to discontinue its passenger uon?:md yro-"
station on Pearl Street in New Bedford, and to provide coramodauons
other depot accommodations in such place or places in said in New Bedford,
city as may be approved by the board of railroad commis-
sioners and the city council of the city of New Bedford.

Approved April 4, 1878.

An Act concerning certain stations of the new york and Chap.W^

NEW ENGLAND RAILROAD COMPANY IN NEWTON.

Be it enacted, tfcc, as follows:

Section 1. The New York and New England Railroad
Company is hereby directed, within one year from the pas-
sage of this act, to provide a suitable passenger station
with accommodations not inferior to those at either of the
present stations in the village of Newton Centre, and suit-
able approaches thereto from both Cypress and Station
streets, and to locate the same between its present stations
in the village of Newton Centre, at a point to be approved
by the board of railroad commissioners.

Section 2. Upon the establishment of the station as
aforesaid to the approval of said board of railroad commis-
sioners, said board is directed to order the discontinuance
of the present upper and lower stations at said village.

Section 3. For the purpose of securing suitable freight
and passenger accommodations in the village of Newton
Centre, and suitable approaches thereto, the New York
and New England Railroad Company may, within one
year from the passage of this act, take or purchase, hold
and use, such parcels of land as in the judgment of the
railroad commissioners may be convenient therefor.

Section 4. All general laws relating to the taking of
land for railroad purposes and the location and construc-
tion of railroads shall be applicable to and govern the pro-
ceedings in the taking of said lands.

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

Approved April 4, 1878.

To pro^^de
another pasBcn-
ger station in
Newton Centre.

Upper and low-
er stations to be
discontinued.

May take land
subject to ap-
proval of rail-
road conimis-
sionera.

General laws re-
lating to taking
land, to govern
proceedings.

1878. — Chapters 119, 120.

Chap. 119 -A.N Act to provide for the appointment of a clerk in the

PROBATE OFFICE OF THE COUNTY OF SUFFOLK.

Be it enacted., t&c, as follows:

Section 1. The register of probate and insolvency for
the county of Suffolk may appoint a clerk, removable at
his pleasure, who shall receive an annual salary of twelve
hundred dollars from the treasury of the Commonwealth ;
such appointment to be subject to the approval of the
judge of probate and insolvency for said county.

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

Approved April 4, 1878.

May appoint a
clerk, at salary
of §1,200, pay-
able from the
state treasury.

Board of com-
missioners of
sidewalks and
drains in Pitts-
field.

Chap. 120 An Act relating to sidewalks, crosswalks, common sewers

AND MAIN DRAINS IN THE FIRE DISTRICT OF THE TOWN OF
PITTSFIELD, AND FOR OTHER PURPOSES.

Be it enacted, &c., as follows:

Section 1. From and after the passage of this act,
there shall continue to be a board of commissioners of side-
walks, common sewers and main drains of the fire district
in the town of Pittsfield, with the powers and duties now
provided by law, except as the same are modified by this
act. The persons now constituting said board shall con-
tinue to hold their said offices for the terms for which they
were severally chosen ; and said district shall hereafter, at
each annual meeting, elect by ballot one such commis-
sioner, whose term of office shall be for three years. And
said district shall have authority to fill any vacancy in said
board at any meeting of said fire district regularly called
for that purpose. Said commissioners shall be sworn, and
shall receive such compensation as shall be fixed by vote
of said fire district, at a meeting called for that purpose.

Section 2. Said district may, at meetings called for
that purpose, raise money for the purpose of carrying out
the provisions of this act, and said board shall expend the
same for the purposes prescribed by vote of the district ;
and every member of said board of commissioners shall be
accountable to the said district for any money received by
him, and said district may maintain a suit therefor in the
name of the inhabitants. Said board shall not exi^end any
money which has not been duly appropriated by the dis-
trict, and shall have no authority to bind the district to the
payment of money in excess of its appropriations, or for
any purpose not specified by the vote of the district appro-
priating the same.
Clerk of district SECTION 3. The clcrk of the district shall certify to the
^8eor8of\°o^ assessors of the town of Pittsfield all sums voted to be

Vacancies.

Compensation.

To expend mon-
ey raised, as
prescribed by
vote of the dis-
trict.

1878. — Chapter 120.

raised by the district under the provisions of this act ;
which sums shall be assessed and collected by the officers
of the town in the same manner as the town taxes are
assessed and collected, and shall l)e paid over to the treas-
urer of said district, who shall hold the same, subject to
the order of said board. The clerk of said district shall
act as clerk of said board, and shall enter all its proceed-
ings in the records of said district ; and all records of the
acts and proceedings of said board heretofore made by any
clerk of said district, or by said commissioners, and certi-
fied copies thereof, shall be admissible in evidence as if
made after the passage of this act.

Section 4. It shall be the duty of said board, under
the supervision and direction of said district, to con-
struct, reconstruct, repair, maintain, and have charge of all
main drains, common sewers, and sidewalks in said fire
district, and of all matters pertaining thereto as herein
provided, and to construct such crosswalks as may be
ordered by said district, and to keep maps and plans of all
such main drains and common sewers.

Section 5. Said board shall have authority to deter-
mine the gi-ade, width and material, including curbstone,
of all sidewalks on the public streets and highways of said
district ; and to construct, reconstruct and repair such
sidewalks in accordance with such determination. Upon
the completion of any sidewalk by said board, or the com-
pletion of the reconstruction or repair of any sidewalk,
said board shall ascertain, determine and certify the whole
expense of such making, reconstruction or repair, and shall
cause a record thereof to be made, and shall assess the
amount of the same upon all the lands specially benefited
by such making, reconstruction or repair, whether such
lands abut on such sidewalk or not.

Section 6. Said board shall have power to determine
when, in what manner and to what extent, snow, ice, grass,
herbage, trees and otlier obstructions, shall be removed
from the sidewalks in said district, or from any of the
same, or any portion thereof, and to fix by-laws and penal-
ties regulating the same, subject to the approval of said
fire district, and also by-laws and penalties prohibiting the
deposit of ashes, garbage, filth or other refuse matter, on
the streets and sidewalks within the limits of said district.

Section 7. No sidewalk, graded, constructed, recon-
structed or repaired in said district, in conformity to the
provisions of this act, shall be dug up or obstructed in any
part thereof, without the consent of said board ; and who-
11

all sums voted to
be raised.

Clerk of the dis-
trict to be clerk
of the board.

Board to have
charge of all
drains, &c., in
the district.

To determine
grade and width
of sidewalks.

To determine

what obstruc-
tions shall be
removed from
sidewalks.

Sidewalks not to
be dug up with-
out consent of
board.

1878. — Chapter 120.

CroBBwalkg may
be ordered to be
constructed.

Board to con-
struct drains,
and take land
for that pur-
pose.

Two-thirds of
expense to be
assessed upon
lands benefited.

Regulation of
drains and sew-
ers.

ever rides or drives a horse or team, or uses any vehicle
moved by hand, other than those used for the carriage of
children, invalids or persons disabled, upon or along such
sidewalk, except to cross the same, or shall dig up or other-
wise obstruct the same without such consent, shall forfeit
a sum not less than one nor more than five dollars for each
violation of the provisions of this section.

Section 8. Said fire district, at meetings called for
that purpose, may order said board to construct crosswalks
in any of the streets in said district on which they have
authority to construct sidewalks. Said board shall con-
struct all such crosswalks at the expense of said district,
and shall repair and reconstruct the same when ordered by
said district, and at its expense.

Section 9. Said board shall lay, make, reconstruct and
maintain in said fire district, all such main drains and com-
mon sewers as said fire district, at a legal meeting called for
that purpose, shall by vote adjudge to be necessary for the
public convenience or the public health, and may repair the
same from time to time whenever necessary ; and for these
purposes may take, in the manner hereinafter provided,
any land which in their opinion may be necessary therefor.
Upon the completion of any main drain or common
sewer by said board, or the completion of the reconstruc-
tion or repair of such sewer or drain, said board shall
ascertain, determine and certify the whole expense of such
making, reconstruction or repair, and shall cause a record
thereof to be made and kept ; and said board shall then
assess two-thirds of the said whole expense upon all lands
in any way benefited by such making, reconstruction or
repair, and including all lands connected therewith by any
particular drain.

Section 10. All the main' drains and common sewers
in said district shall be the property of said district, and
shall be under the charge and control of said board, who
shall have power and authority to regulate the use of
the same, and to prescribe the mode in which the same
shall be entered by private drains from lands which have
been assessed for the expense of their construction, and
upon proper compensation therefor, to allow the same to be
used to drain lands not so assessed, and to prescribe the
manner of such use, and also, upon proper compensation
therefor, to allow the use of the same in such manner as
they shall direct, for the purpose of draining the public
and private streets and ways and highways in said district.
And no person shall be allowed to enter or discharge into

1878. — Chapter 120.

a main drain or common sewer any private drain connect-
ing any land which has not been assessed for the expense
of buikling or repairing such main drain or common sewer
under this act, except by leave of said board, and on pay-
ment of such compensation as said board shall prescribe ;
and all such private drains entering any main drain or
common sewer shall be under the exclusive charge and
control of said board, who shall have authority to make
and execute orders concerning the same as though the
same were constructed by said board under this act.
The provisions of this section shall apply to and govern
the use of all sewers and drains in said district, and to the
compensation to be made for such use whether the same
have been heretofore or shall be hereafter constructed.

Section 11. All assessments so made by said boardshall
constitute a lien on the real estate assessed, for two years
from the time of assessment, and for one year after the final
determination of any suit or proceeding in which the amount
or validity of such assessment shall be drawn in question.
Every assessment made by said board shall be recorded
in books to be kept for that purpose, and a list thereof
shall be committed by said board for collection to the per-
son then authorized by law to collect taxes in said district.
Said collector shall forthwith publish the same for three
successive weeks in some newspaper published in said dis-
trict, and shall, on or before the day of the last publication
thereof, demand payment of the same of the owner or
occupant of the land assessed, if known to him and within
his precinct. If any such assessment shall not be paid
within three months from the last publication of said list,
he shall levy the same with incidental costs and expenses,
by sale of the land, such sales to be conducted in like man-
ner as sales of land for non-payment of taxes ; and in
making such sales, and any sales for taxes assessed for
said district, such collector, and said district and its
officers, shall have all the powers and privileges conferred
by the general laws of the Commonwealth upon collectors
of taxes, and upon cities and towns and their officers
relating to sales of land for the non-payment of taxes.
The collector shall pay over all moneys received by him
under this act to the treasurer of said district, in the same
manner as moneys received by him from taxes assessed for
said district by the assessors of Pittsfield.

Section 12. Every assessment made by said board
which is invalid by reason of any error or irregularity in
the assessment, and which has not been paid, or which has

Assessment? to
constitute a lien
upon the estate
assessed.

Collection of
assessment.

Inralid assess-
ments may be
re-assessed.

1878. — Chapter 120.

Parties aggriev-
ed may apply by
petition to supe-
rior court.

Trial by jury.

Proviso.

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

been recovered back, or which has been enforced by an
invalid sale, may be re-assessed by the board of commis-
sioners of sidewalks, common sewers and main drains for
the time being, to the just amount which and upon the
estate upon which such assessment ought at first to have
been assessed ; and the assessments thus re-assessed shall
be payable, and shall be collected and enforced, in the
same manner as other assessments.

Section 13. Any person aggrieved by an assessment
made by said board, may, at any time within three months
from the last publication of the list of such assessment as
provided in the preceding section, apply by petition to the
superior court for the county of Berkshire : and after due
notice to the said fire district, a trial shall be had at the
bar of said court in the same manner in which other civil
causes are there tried by the jury, and if either party
requests it, the jury shall view the place in question ; and
such petition may be filed in term time or vacation ; and if
filed ill vacation, the clerk may issue an order of notice
thereon, returnable to the term of the court next to be held
after thirty days therefrom : provided^ that before filing
said petition, the petitioner shall give one month's notice
in writing to said board of his intention so to apply, and
shall therein particularly specify his objections to the
assessment, and to which specification he shall be confined
in the hearing by the jury, if the jury shall not reduce
the amount of the assessment complained of, the respond-
ent shall recover costs against the petitioner, which costs
shall be a lien upon the estate assessed, and be collected in
the same manner as the assessment ; but if the jury shall
reduce the amount of the assessment, the petitioner shall
recover costs.

Section 14. Whenever land is taken by virtue of the
provisions of section nine, the said board shall witliin
sixty da3S after any such taking, file in the registry of
deeds of the middle district of the county of Berkshire, a
description of any lands so taken, sufficiently accurate for
identification, and statement of tlie purpose for which it is
taken ; and the right to use all lands so taken for the pur-
poses mentioned in said statement, shall vest in said fire
district and its successors. Damages for land so taken
shall be paid by said fire district ; and any person ag-
grieved by the taking of his land under this act, and failing
to agree with said board as to the amount of damages,
may, upon a petition filed with the count}'^ commissioners
of the county of Berkshire within one year from the filing

1878. — Chapter 120.

Penalties may

of the description thereof in the registry of deeds, have his
damages assessed and determined in the manner provided
when land is taken for highways ; and if either party is not
satisfied with the award of damages by the connt}' commis-
sioners, and shall apply for a jury to revise the same, the
fire district shall pay the damages awarded by the jury,
and shall pay costs if the damages are increased by the
jury, and shall recover costs if the damages are decreased ;
but if the jury shall award the same damages as were
awarded by the county commissioners, the party who
applied for the jury shall pay costs to the other party.

Section 15. Penalties under the provisions of this act,
and under any by-laws established in pursuance thereof, or ^e recovercd''by
of chapter one hundred and thirty-two of tlie acts of the
year eighteen hundred and sixty-seven, may be recovered
by action of tort, brought by direction of said board, in the
name of and for the use of said district, or on complaint or
indictment, to the use of the Commonwealth : provided, Proviso,
that no such action, complaint or indictment shall be main-
tained, unless brought within thirty days after the right of
action accrues, or the offence is committed. No inhab-
itant of the district shall be disqualified, by reason of his
being such inhabitant, to act as judge, magistrate, juror or
officer in a suit brought for such penalty.

Section 16. The provisions of all general laws of the provisions of
Commonwealth, applicable to fire districts and not incon- fppiyf&c."^^ "
sistent with this act, shall continue to apply to the fire
district of the town of Pittsfield as herein limited and
bounded. Nothing herein contained shall be construed to
interfere with the authority of surveyors of highways, or
any authority which can be legally exercised over high-
ways or roads in the proper discharge of their duties. But
the town of Pittsfield shall repair any injury done to side-
walks in said district by the officers of said town by reason
of any raising, lowering, or other act done for the purpose
of repairing a highway or townway ; and whenever any
crosswalk constructed by said board shall be torn up or
injured by the officers of the town of Pittsfield in making,
repairing, altering, raising or lowering any highway or
townway, said town shall relay and repair such crosswalk
in like order and condition as the same was in before it was
so torn up or injured. The authority of the town of Pitts-
field to construct sidewalks and main drains and common
sewers within the limits of said district, shall be suspended
while this act is in force.

Section 17. The territory of the fire district of the

1878. — Chaptee 121.

Limits of dis-
trict defined.

Repeal of 1867,
13::.

Proviso.

Chap.

Term of court

on tirst Friday
of .July.

town of Pittsfield, shall, from and after this act takes effect,
and until changed in accordance with law, be included
within the following bounds and measurements, to wit :
beginning at a point three hundred and twentj^ rods east-
erly from the centre of the soldiers' monument now stand-
ing in the park in the village of said town, at the end of a
line drawn from said centre at right angles to the easterly-
line of said town ; thence running parallel with said town
line, northerly three hundred and twenty rods ; thence
turning at right angles, and running westerly two miles ;
thence turning at right angles, and running southerly two
miles ; thence turning at right angles, and running easterly
two miles ; thence turning at right angles, and running
northerly one mile to the place of beginning : and within
one year from the time this act takes effect, the prudential
committee of said district shall cause the lines of said dis-
trict, as fixed by this act, to be surveyed and marked by
permanent stone bounds at each corner thereof, and at the
intersection therewith of all streets, roads, highways, town-
ways and private ways, if practicable.

Section 18.. Chapter one hundred and thirty-two of
the acts of the year eighteen hundred and sixty-seven is
hereby repealed : provided., this repeal and the provisions
of this act shall not affect any act done, right established,
penalty or forfeiture incurred, suit or prosecution pending,
or by-law existing, at the time this act takes effect, which
was done, established, incurred, pending or existing under
laws then in force or which were in force at the time any
such act was done, or in force when any such right was
established, or when such penalty or forfeiture was in-
curred, or in force when said suits and prosecutions were
commenced, or in force when said by-laws were adopted,
or when they legally existed, except as is herein otherwise
specially provided.

Section 19. This act shall take effect upon its passage.

Approved April 6, 1878.

121 An Act to amend an act establishing the terms of the pro-
bate COURT IN THE COUNTY OF BRISTOL.

Be it enacted., &c. , as follows :

Section 1. Section one of chapter five of the acts of
the year eighteen hundred and sixty-two is hereby amended
by inserting after the word " April," in the second line,
the word " July," and striking out the words " and the
second Friday of July."

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

Approved April 6, 1878.

1878. — Chapters 122, 123, 124.

Competency of
■vvitnesBes to
wills.

An Act to amend section ten of chapter ninety-two of the Chap. 122

GENERAL STATUTES RELATING TO SUBSCRIBING WITNESSES TO
WILLS.

Be it enacted, cfcc, as follotvs:

Section 1. Section ten of chapter ninety-two of the
General Statutes is hereby amended by inserting after the
word "thereto," in the second line, the words " or to the
husband or wife of such subscribing witness."

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

Approved April 6, 1878.

An Act to authorize the construction of a narrow gauge Chap. 123

RAILROAD IN STERLING AND PRINCETON.

Be it enacted, &c., as follows:

Any railroad corporation which may be organized during Railroad maybe
the years eighteen hundred and seventy-eight and eighteen wuhTgluge of
hundred and seventy-nine, in accordance with the pro- t^ofeet.
visions of chapter three hundred and seventy-two of the
acts of the j^ear eighteen hundred and seventy-four, for the
purpose of locating, constructing, maintaining and oper-
ating a narrow gauge railroad in Sterling and Princeton, may
locate and construct its railroad with a gauge of two feet
instead of three feet as established by the general law.

Approved April 9, 1878.

An Act to supply the town of brockton with pure water. Chap. 124
Be it enacted, &c., as follows :

Section 1. The town of Brockton is authorized to
supply itself and its inhabitants with pure water to extin-
guish fires, generate steam, and for domestic and other
uses ; to establish fountains and hydrants ; to regulate
their use and relocate or discontinue the same ; and to fix
and collect rents for the use of said water.

Section 2. Said town for the purposes aforesaid may
take, hold and convey into and through the town of Brock-
ton the waters of Salisbury Brook and the tributaries there-
of, the springs, brooks and watershed of the meadows lying
near said Salisbury Brook and its tributaries, in said town
of Brockton and in the adjoining town of Stoughton ; and
may take and hold by purchase or otherwise such land in
said towns of Brockton and Stoughton as may enable them
to construct one or more reservoirs for the storage of water
on that part of said brook at or near the dividing line
between said towns, and such other land in the town of
Brockton as may enable them to construct proper distribut-
ing reservoirs, and convey said water to the same, and

Water supply
for town of
Brockton.

May take the
waters of Salis-
bury Brook and
tributaries.

May take and
bold land.

1878. — Chapter 124.

May lay down
conduits and
pipes.

To file in the
registry of
deeds a descrip-
tion of the land
taken.

Liability for

Assessment of
damages.

Parties aggriev-
ed may apply
for a jury.

Water loan not
to exceed $120,-
000.

from the same to all parts of said town of Brockton, and
such other land in either of said towns, not more than five
rods wide on said brook and around said storing and dis-
tributing reservoirs, as may be necessary to protect the
same and secure the purity of the water; may erect on
said land proper dams, buildings, fixtures and other struc-
tures, and make excavations, and procure and run machinery
therefor, with such other means and appliances as may be
necessary for complete and effective water works ; and for
that purpose may construct and lay down conduits, pipes
and other works under or over any lands, water-courses or
roads, and along any street, highway or other way, in such
manner as when completed not to unnecessarily obstruct
the same ; and for the purpose of constructing, laying
down, maintaining and repairing such conduits, pipes and
other works, and for all other proper purposes of this act,
may dig up, raise and embank any such lands, highways or
other ways, in such manner as to cause the least hindrance
to travel thereon : provided, that within ninety days after
the time of taking any lands, water-sources or water-rights
as aforesaid, otherwise than by purchase, said town shall
file in the registry of deeds for the counties of Plymouth
and Norfolk respectively, descriptions thereof sufficiently
accurate for identification, with a statement of the purpose
for which the same is taken, signed by the selectmen.

Section 3. The said town of Brockton shall be liable
to pay all damages sustained by any persons in their prop-
erty by the taking of any lands, water, water-sources or
water-rights, or by the construction of any aqueducts,
reservoirs or other works, for the purposes aforesaid. If
any person or persons sustaining damages as aforesaid can-
not agree with the town upon the amount of such damages,
they may have them assessed by the county commissioners
for the county of Plymouth or of Norfolk by making a
written application therefor within three years after the
taking of such land or water-sources, or rights, or other
injury done, as aforesaid, under this act, but not thereafter;
and if either party be aggrieved by the doings of said com-
missioners in the estimation of said damages, he or they
may have said damages settled by a jury; and said com-
missioners and jury shall have the same powers, and the
proceedings in all respects shall be conducted in the same
manner as is provided for by law with respect to damages
for land taken for highways.

Section 4. For the purpose of paying all necessary
expenses and liabilities incurred under the provisions of

1878. — Chapter 124.

this act, said town shall have authority to issue notes,
bonds or scrip from time to time, signed by the treasurer
and countersigned by the cliairman of the selectmen, to be
denominated on the face thereof " Brockton Water Loan,"
to an amount not exceeding one hundred and twenty
thousand dollars, pa3'able at periods not exceeding thirty
years from the date thereof, with interest payable semi-
annually at a rate not exceeding six per centum per
annum ; and said town may sell said securities at public or
private sale, or pledge the same for money borrowed for
the purposes of this act, upon such terms or conditions as
it may deem proper ; and said town shall annually raise by
taxation an amount sufficient, 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 sinking fund, and con-
tribute thereto from year to year an amount raised annually
by taxation, sufficient with its accumulations, to extin-
guish the debt at maturity; and said sinking fund shall
remain inviolate, and pledged to the payment of said debt,
and shall be used for no other purpose. The board of
water commissioners hereinafter named shall be the trus-
tees of said fund, and shall report the condition of the
same annually to the town.

Section 5. Whoever wilfully or wantonly corrupts,
pollutes or diverts any of the water taken under this act,
or uses the same for au}^ purpose without consent of the
town, or destroys or injures any dam, conduit, hydrant,
machinery or other works or property, held, owned or
used by said town under authority of and for the purposes
of this act, shall forfeit and pay to the said town three
times the amount of damage assessed therefor, to be
recovered in an action of tort ; and on conviction of either
of the acts aforesaid may be punished also by a fine of not
less than twenty nor more than three hundred dollars, or
by imprisonment in jail not exceeding one year, or by an
infliction of both the above penalties.

Section 6. At the meeting hereinafter provided for
the acceptance of this act, five persons shall be elected by
ballot to contract for and superintend the construction and
completion of the water works, who may exercise all
rights, powers and privileges for that purpose herein
granted, subject to instructions of the town. At said
meeting there shall also be elected by ballot, a board of
three water commissioners, one to serve until the next
annual meeting of the town thereafter, in March or April ;

Sinking fund to
be established.

Water commis-
sioners to be
trustees of sink-
ing fund.

Penalty for di-
verting water or
rendering it im-
pure.

Five persons
to be elected to
contract for and
superintend
erection of
works.

Three water
commissioners
to be elected.

1878. — Chapters 125, 126.

No expenditure
to be made until
act is accepted.

one for a term one year longer ; and the third for a term
two years longer than the first : after which first election
one member of said board as the term expires shall be
elected at the annual meeting, to serve for three years.
Said commissioners shall have charge of the water works
when completed, and may exercise all the rights, powers
and authority granted to said town by this act relative to
such duties, subject to such instructions as the town may
impose by its vote ; and a majority of said commissioners
shall constitute a quorum for the transaction of business
relative both to the water works, and as trustees of the
sinking fund.

Section 7. This act shall take effect from 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 said town present and voting
thereon, at a legal meeting called for that purpose ; and
this act shall be void unless so accepted by said town
within three years from the date of its passage.

Approved April 9, 1878.

.125 An Act to amend chapter sixty-three of the acts of the

tear eighteen hundred and seventy, relating to the main-
• tenance of lagoon bridge between the towns of tisbukt

and edgartown.
Be it enacted^ &c., as follotvs :

Section 1. The towns of Tisbury and Edgartown shall
maintain and repair that portion of the bridge and draw
over the canal or creek connecting Holmes' Hole harbor
with Lagoon Pond, so called, lying within the limits of the
respective towns.

Section 2. Said towns shall be respectively liable under
the limitations of the law for damages resulting from de-
fects in the portion of said bridge and draw which by this
act they are severally required to maintain and repair.

Section 3. All acts and parts of acts inconsistent with
this act are hereby repealed.

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

Approved April 9, 1878.

Chap. 126 An Act to authorize the appointment of trustees for the

MASSACHUSETTS SCHOOL FOR IDIOTIC AND FEEBLE-MINDED
YOUTH.

Be it eriacted,, <£rc., as follotvs:
Trustees to be SECTION 1. The officcs of the trustccs heretofore ap-

appointed. pointed Under chapter forty-four of the Resolves of the

Chap

Maintenance
and repair of
bridge.

Liability for
damages.

Repeal.

1878. — Chapters 127, 128, 129.

year eighteen hundred and fifty-one, and chapter twenty-
six of the Resolves of the year eighteen hundred and
sixty-one, relating to the Massachusetts School for Idiotic
and Feeble-Minded Youth, shall cease and determine on
the appointment of trustees under the provisions of this act.

Section 2. The ofovernor shall with the advice and Appointments

• 1 • • j_ 1 j_ 1. to be made by

consent of the council appoint six persons to be trustees, tiie governor.
on the part of the state, of the Massachusetts School for
Idiotic and Feeble-Minded Youth, who shall hold their'
offices for three years : provided, that the terms of the six Proviso,
first appointed shall be so arranged that the terms of two
shall expire in one year, two in two years, and two in
three years ; and the vacancies so arising, as well as all
vacancies occurring otherwise in the office of trustees
appointed under this act shall be filled by the governor,
with the advice and consent of the council.

Section 3. This act shall take effect on the first day of J° *\^;i|ff *
July next. ^jjproved April 9, 1878.

An Act fixing the time and place of holding probate courts Chap. 127

IN THE COUNTY OF SUFFOLK.

Be it enacted, tfcc, as follows:

Section 1. The sessions of the probate court in the
county of Suffolk shall be held at Boston every Monday in
the year, except the second and fourth Mondays in the
month of August.

Section 2. Chapter three hundred and seventy-five of Repeal of ms,
the acts of the year eighteen hundred and seventy-three is
hereby repealed.

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

Approved April 9, 1878.

An Act TO PROVIDE ADDITIONAL TERMS OF THE PROBATE COURT AT QJidX) 128
FITCHBURG IN THE COUNTY OF WORCESTER. "'

Be it enacted, &c. , as follows :

Section 1. Hereafter terms of the probate court shall ''^^^^"^ ^°"'"''
be held at Fitchburg in the county of Worcester on the
fourth Tuesday of every month, except July and August,
in each year.

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

Approved Ajjril 9, 1878.

An Act in relation to the indexes in the registry of deeds Chap. 129

OF THE COUNTY OF SUFFOLK.

Be it enacted, &c., as follows:

Section 1. The powers and duties of the aldermen of index commis-
Boston under sections one hundred and three and one "°'^^"''°*»®

Sessions of
court in Boston.

1878. — Chapter 130.

appointed by
justices of su-
perior court.

Not to expend
amount in ex-
cess of sum
authorized.

hundred and four of chapter seventeen of the General
Statutes shall hereafter be exercised by a board of mdex
commissioners who shall serve without pay. The justices
of the superior court or a majority thereof shall appoint
within one month from the time of the passage of this act,
three such commissioners to hold office for the terms of
one, two and three years respectively, beginning with the
first day of April of the current year, and shall appoint
annually thereafter during the month of jNIarch one such
commissioner to hold office for the term of three years
beginning with the first day of April following. In the
performance of their duties said board shall not expend
an amount in excess of the sum authorized by the board
of aldermen of Boston. Any of said board of commis-
sioners may be removed by the justices aforesaid for good
cause shown, as provided for the removal of a register of
deeds by section eighty-eight of said chapter ; and in case
of a vacancy in said board by reason of death, resignation
or removal, it shall be filled by appointment bj^the justices
aforesaid for the unexpired term.

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

Approved Ap)ril 9, 1878.

Chap. 130 An Act relating to foreign insurance companies.

Be it enacted^ &c., as follows:

Section 1. No foreign insurance company shall make
contracts of insurance in this Commonwealth unless it
shall have made a deposit with the treasurer of this Com-
monwealth, or with the proper officer of some other state
of the United States, of a sum not less than the amount
now required by law as the capital of like corporations
organized in this Commonwealth, and located in the city
of Boston. Such deposit may be made in the bonds of
this Commonwealth, or in bonds of the state of Con-
necticut or New York, or in bonds or public stocks of the
United States, in trust, for the benefit and security of
all the policy-holders of the compan}^ in the United States ;
and no policy issued by such company to any citizen of
this Commonwealth shall be invalidated by the occurrence
of hostilities between the government of the United States
and the government under the laws of which the company
was organized.

Section 2. The capital of every such foreign insur-
ance company shall, for all the purposes of the insurance
laws of this Commonwealth, be the aggregate value of its
money or securities deposited as aforesaid, and all sums

Foreign compa-
nies, before in-
suring, to depos-
it with treasurer
not less than
amount requir-
ed as capital of
home companies
located in Bos-
ton.

Capital of for-
eign insurance
companies.

1878. — Chapter 130. 93

loaned on real estate securit}" in an}'- state in the United
States, in conformity with the laws of such state providing
for tlie investment of the assets of insurance companies
therein, and ail other assets in the United States in which
insurance companies organized under the laws of this Com-
monwealth may invest, provided such real estate securities
and assets shall be held in the United States by trustees secnrities to be
who are citizens of the United States, approved by the i^eid by trustees,
insurance commissioner, for the benefit of all its policy-
holders and creditors in the United States, after making
the same deduction from such aggregate value for losses
and liabilities in the United States, and for premiums upon
risks therein not expired, as is authorized or required by
the laws of this Commonwealth, or the regulations of its
insurance department, with respect to insurance compa-
nies organized under the laws of tliis Commonwealth.

Section 3. The trustees referred to in the second sec- Trustees to be
tion of this" act shall be appointed by the directors of such dL^ctors^ ^^
company, and a certified copy of the vote by which they
are appointed and of the deed of trust shall be filed in the
office of the insurance commissioner ; and he may exam-
ine such trustees or the agents of such company under
oath, and its assets, books and accounts, in the same man-
ner as he may examine the officers, agents, assets, books
and accounts of any company authorized to do insurance
business in this Commonwealth..

Sectiox 4. No foreign insurance company or agent Not to do busi-
thereof, shall transact the business of insurance in this quirmentso^f
Commonwealth, until such company shall comply with the com^uld^th
general laws of this Commonwealth relative to insurance
companies of other states, so far as the same may be appli-
cable thereto, and receive a license or certificate of author-
ity from the insurance commissioner.

Section 5. No foreign insurance company shall take Limitation of
or have at risk in any fire district in this Commonwealth, fire district^
(as defined in section eighteen of chapter three hundred
and seventy-five of the acts of the year eighteen hundred
and seventy-two,) an amount exceeding its net assets in
the United States, which are immediately available for the
payment of losses in this Commonwealth.

Section 6. When such foreign insurance company Licenee may bo
shall have complied with the provisions of law relating to ance^comnia*.'^'
such companies, and the insurance commissioner is satis- "oner,
fied that it is solvent in the United States, he may issue to
it a license ; and thereupon the company shall be author-
ized to transact business in this Commonwealth, subject to

1878. — Chapters 131, 132.

"Foreign insur-
ance company,"
defined.

New plantations
of timber trees
to he exempt
from taxation
for ten years.

the provisions of all general laws which are or may be in
force relating to insurance companies of other states of the
United States doing business in this Commonwealth.

Section 7. The words " foreign insurance company "
in this act shall apply to any insurance company, corpora-
tion, association or partnership, incorporated or associated
under the laws of any gpvernment or state other than one
of the United States.

Section 8. This act shall take effect upon its passage.

Approved April 9, 1878.

CA«1?. 131 -^^ -^^"^ CONCERNING PLANTATIONS OP TIMBER TREES, AND THE
^ TAX THEREON.

Be it enacted^ tfcc, as follows:

Section 1. All plantations of timber trees in this Com-
monwealth upon land (not at the time of said planting
woodland or sprout-land, and not having been such within
five years previously), the actual value of which at the
time of planting does not exceed fifteen dollars per acre,
of any of the following kinds, to wit : chestnut, hickory,
white ash, white oak, sugar maple, European larch and
white pine, in number not less than two thousand trees to
the acre,* shall together with the land upon which the same
are situated be exempt from taxation for a period of ten
years from and after said trees shall have grown in height
four feet on -the average subsequently to such planting :
provided^ that said exemption shall not extend beyond
such time as said land shall be devoted exclusively to the
growth of said trees ; and provided, further^ that the owner
or owners of such plantations shall appear before the board
of assessors in the towns where the same are located and
prove to the satisfaction of such board the herein men-
tioned conditions.

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

Approved April 9, 1878.

132 An Act to prevent over-insurance, and to define to whom
payment of losses shall be made in certain cases.
Be it enacted, &c., as folloios:

Section 1. No insurance company, local or foreign,
shall knowingly issue any fire insurance policy upon prop-
erty within this Commonwealth for an amount which
together with any existing policy or policies shall exceed
the fair value of the property.

Section 2. In case of Loss upon any property hereafter
insured within the terms of the fire insurance policies

Proviso.

Chap.

Companies not
to insure in ex-
cess of value of
property.

1878. — Chapters 133, 134.

thereon, all such insurers thereof upon the proper presen- payment of
tation of proofs by the claimants in accordance with the "ectef w p^u°'
provisions of the policy, together with an authentic state- c'es.
nient of the title, showing the rights and interests of all
parties therein, shall pay air mortgages expressly protected
by any policies taken out in the name of the mortgagor,
in the order of their priority to the extent of their respec-
tive policies or interests in their respective mortgage claims,
before the owner of the equity of redemption in said prop-
erty shall receive any thing ; but the provisions of this
section shall not enlarge the amount which any insurance
company would otherwise pay on account of any loss, and
any payment so made by any such company under its pol-
icy in accordance with the provisions of this act, whether
to the person named in the policy or not, shall be deemed
and taken to be in payment and satisfaction of the liability
of such company under its policy to the full extent of such
payment.

Section 3. The insurance commissioner shall within Commissioner
thirty days from the passage of this act forward by mail a ance™ompa^e8
copy of this act to every insurance company lawfully doing '^1^^°^^^ °^
a fire insurance business in this Commonwealth. An4 this
act shall take full effect on the first day of September
next. Approved April 9, 1878.

An Act to amend chapter one hundred and seventy-nine of Chap. 133

THE general statutes IN RELATION TO AIDING CONVICTS TO
ESCAPE FROM THE STATE PRISON.

Be it enacted, &c., as follows:

Section 1. Section fifty-eight of chapter one hundred niicit convey-
and seventy-nine of the General Statutes is hereby amended into prisons.
by striking out the word " two," in the last line, and in-
serting instead thereof the word " three."

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

Approved April 9, 1878.

An Act providing that selectmen mat measure ponds under Chap. 134

CHAPTER EIGHTY-TWO OF THE ACTS OF THE TEAR EIGHTEEN
HUNDRED SEVENTY-FOUR.

Be it enacted, c&c, as folloios:

Section 1. For the purposes required by chapter Measurement of
eighty-two of the acts of the year eighteen hundred and men.* yseeo
seventy-four, selectmen may measure ponds wholly within
their respective towns, in the manner referred to in said
chapter eighty-two.

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

Approved April 9, 1878.

1878. — Chapter 135.

Commissioners
to examine rec-
ords of locations
of railroads.

Chap. 135 -^N Act concerning the records of locations of railroads.
Be it enacted^ tfcc, as follows:

Section 1. The board of railroad commissioners is
hereb}'" authorized and required to examine the records of
locations of railroads on file in the offices of the clerks of
county commissioners ; and when such records are found
to be incomplete or insufficient, or in form inconvenient
for reference or preservation, they shall notify the corpor-
ation owning or operating the railroad of which the loca-
tion so appears to be incomplete or insufficient or incon-
venient ; and thereupon the said corporation may, within
one year from the date of receiving such notice, file in the
manner hereinafter prescribed, a new location of such rail-
road or any part thereof as the same is actually laid out
and constructed, so far as may be necessary to make a true
and correct record of the actual location of such railroad
as the same existed on the first day of January eighteen
hundred and seventy-eight. Where such original records
appear to be sufficient and in conformity with law, such
fact shall be certified thereon by the clerk of the board of
railroad commissioners in the manner prescribed in this
act in the case of records of new locations.

Section 2. The board of railroad commissioners shall
prescribe such rules as they may from time to time deem
necessary in regard to the form in which all records of
locations of railroads required by law or permitted by this
act shall be made, the data to be contained therein and the
manner in which such records shall be uniformly kept for
preservation and convenient reference in the offices of the
clerks of county commissioners of the several counties.
No such record shall hereafter be filed until the clerk of
the board of railroad commissioners shall certify thereon
that the same is prepared in conformity with the rules
established by the board.

Section 3. Public notice of the filing of any new loca-
tion under the provisions of section one of this act shall
be given by advertisement in such newspaper as the board
of railroad commissioners shall designate ; and the filing
of such a location by a railroad corporation shall not be a
waiver of or impair any rights it had at the time of the
filing thereof, nor shall it thereby acquire any right in
lands not actually in its possession and used for railroad
purposes on said first day of January eighteen hundred
and seventy-eight. Approved April 9, 1878.

To prescribe
rules in regard
to form in which
record shall be
made.

Notice of filing
new location to
be published in
such newspaper
as the commis-
sioners desig-
nate.

1878. — Chapters 136, 137.

An Act concerning street railways in the city of boston.
Be it enacted^ t&c, as follows:

Section 1. Package tickets issued by any street rail-
way corporation in the usual form of tickets sold by such
corporation, and good for a fare not exceeding six cents,
upon its route from any point in the city of Boston to any
other point in said city, in a car run therein by said corpo-
ration, shall be received as good for a passage between any
two points in said citj^ by any other street railway corpo-
ration, in any car wherein a fare not exceeding six cents is
receivable ; and every such corporation shall once in a
week redeem all such tickets issued by it, which shall be
presented by any other such corporation, by paying there-
for at the rate of five cents in money for each ticket so
presented. *'

Section 2. Any street railway corporation refusing to
receive, as above provided, aiiy such ticket issued by any
other such corporation, or refusing to redeem as above
provided, any such ticket of its own issue, shall forfeit for
each ticket which it shall so refuse, the sum of one dollar,
to be recovered, in an action of tort by the j)ersoii or cor-
poration presenting the same, to his or its own use.

Approved April 10, 1878.

An Act to amend chapter one hundred and fifty-three of
the acts of the year eighteen hundred and seventy-
seven, entitled " AN act TO INCORPORATE THE FIDELITY
assurance company of MASSACHUSETTS."

Be it enacted, &c., as foUoios :

Section 1. Section two of chapter one hundred and
fifty-three of the acts of the year eighteen hundred and
seventy-seven, is hereby amended by striking out in the
second line the word "five," and inserting instead thereof
the word " three."

Section 2. Section three of said act is hereby amended
by adding after the word " states," in the fifth line, the
words, " to the state of Massachusetts ; ."

Section 3. Section five of said act is amended so that
it shall read as follows, to wit : — After deducting from the
earnings of the company (no part of the premiums received
on risks 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 ten per centum per
annum on the capital stock as the directors ma}^ determine
upon, the residue shall be annually set apart for the pur-

Chajhim

Tickets, good
for a six cent
fare in tlio city,
issued by any
railroad to be
received by
other roads.

Tickets to be
redeemed week-

Penalty for re-
fusing to receive
ticket.

Chaj). 137

Capital stock,
$300,000.

Surety On bond
to the State.

Reserved fund
for payment of
losses to be set
apart.

1878. — Chapter 138.

Reserved fund
to be equal to
ona-half of cap-
ital.

Provisos.

Earnings from
probate risks.

pose of constituting a reserved fund for the payment of
losses, until the said reserved fund shall equal one-half the
amount of the capital 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 orioinally provided, and
the said capital stock shall in no case be impaired or dimin-
ished until said reserved fund shall have been exhausted :
provided, that whenever the said reserved fund shall equal
one-half the amount of the capital stock paid in, the earn-
ings of the company over and above the aforesaid dividend
of ten per centum per annum, and the contribution re-
quired to keep the said reserved fund entire, may there-
after be divided among the stockholders pro rata in certifi-
cates of such portions of its actual surplus as the company
may from time to time determine, which shall be deemed
to be an increase of its capital stock to the extent of such
new certificates so issued ; biit no such dividend either in
cash or stock certificates shall be made, except from actual
surplus funds of the company, such surplus to be computed
in the manner herein set forth ; and provided, also, that in
closing up the affairs of said company the amount then
standing to the credit of said reserved fund shall be divided
among the stockholders in proportion to their respective
shares.

Section 4. At the end of each and every second year
from the date of every probate risk undertaken by said
company, one-third part of the premium received therefor
may be considered and treated as earnings.

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

Approved April 10, 1S78.

Chap. 138 An Act to authorize the framingham and lowell railroad

COMPANY TO ISSUE PREFERRED STOCK.

Be it enacted, &c., as follows :

Section 1. The Framingham and Lowell Railroad
Company is hereby authorized to issue preferred stock to
an amount not exceeding five thousand two hundred and
fifty shares, of one hundred dollars each.

Section 2. Holders of the coupon notes, and other
creditors of said company, shall have the right to take said
stock at par in payment of their respective chiims ; and the
holders of the common stock of said company may, at any
time within four months from the acceptance of this act,
surrender the whole or any part of their said stock in
amounts of not less than five shares, and shall receive in

Preferred stock,
$525,000.

Creditors may
take stock at
par.

Fivp shares of
common stock

1878. — Chapter 139.

8 on
preferred stock.

exchange for eacli and every five shares so surrendered one to equal one

share of the preferred stock authorized by this act. ° pro errc .

Section 3. Said preferred stock shall entiile the holder DivWend

• 1 1 •• 1 1 1 • 1 1 • ^referred

thereof to be paid dividends thereon semi-annually, in
preference and priority to any dividends to be made to the
holders of the common stock of said company, at such
rate as the net earnings and income of said company for
the six mouths preceding the declaring of such dividend,
after paying interest on the debt of the company, shall be
sufficient to pay; not exceeding, however, the sum of
three per centum semi-annually.

Section 4. This act shall take effect from and after its ®"^J''^^g u''*'^
acceptance by the company by a majority vote of all the majority vote.
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 13, 1878.

An Act to incorporate the ashburnham railroad company, Chap. 139

"WITH authority to purchase and operate the ashburnham

railroad in the town op ashburnham.
Be it enacted, &c., as follows:

Section 1. William H. Morse, A. George Bullock, corporators.
George C. Winchester, John H. Wilkins, George W.
Eddy and their associates and successors, are hereby made
a corporation by the name of " The Ashburnham Railroad
Company," with the same powers and privileges, and sub-
ject to the same restrictions, duties and liabilities, as if
formed and organized under the general laws relating to
railroad corporations.

Section 2. Said corporation may purchase, acquire and May purchase
hold the railroad and all the franchises and property which Raiiroad.^^"^
were mortgaged by the Ashburnham Railroad Company, a
railroad corporation organized under chapter two hundred
and fifty-one of the acts of the year eighteen hundred and
seventy-one, to Melvin O. Adams, Simeon Merritt and
George C. Foster, trustees, and sold by said trustees for
the purpose of foreclosure ; and the corporation hereby
created shall be deemed to be lawfully possessed as of its
own property, of the railroad, franchises and property
aforesaid, upon receiving a conveyance thereof from the
purchaser or purchasers of the same ; and said corporation
may maintain and operate said railroad, and shall have and
possess all the powers, privileges and franchises which have
heretofore been granted to said Ashburnham Railroad Com-
pany organized under said act of the year eighteen hundred
and seventy-one, chapter two hundred and fifty-one.

Name.

Powers and du-
ties.

100

1878. — Chapter 140.

May take waters
from Long Pond
and Quittacua j
Pond.

Capital stock SECTION 3. The Capital stock of the corporation hereby

$30,000!'^"*"^ created shall be fixed by the directors, and shall not
exceed thirty thousand dollars ; and said corporation may
issue its stock or its bonds, secured by a mortgage of its
road, franchise and property, at par, in payment for the
railroad, franchises and property which b}' this act it is
authorized to acquire and purchase ; and said corporation
shall have the same power to increase its capital stock as if
organized under the general laws.

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

Approved April 13, 1878.

Chap. 140 An Act to provide a further supply of water for the city

OF NEW BEDFORD.

Be it enacted, &c. , as follows :

Section 1. The city of New Bedford is hereby author-
ized to take and hold, and convey into the reservoir of the
New Bedford water works, in the town of Acushnet, for
the use of said city, in the same manner and for the same
purposes as the waters of said reservoir are or may be now
used by law, the waters of Long Pond in the towns of
Lakeville and Freetown or of Little Quittacus Pond in the
towns of Lakeville and Rochester; and it is further author-
ized to take and liold, by purchase or otherwise, such lands
as may be necessary for the lajdng out and maintaining an
aqueduct or conduit for conducting said waters to said
reservoir ; and may take and hold such lands on each side
of said aqueduct or conduit as may be deemed necessary or
prudent, not exceeding two and a half rods on either side.
Section 2. Said city shall within sixty days from the
time of taking any lands aforesaid, file in the registr}^ of
deeds for the county or district in which said lands lie, a
description thereof, sufiiciently accurate for identification,
and a statement of the purposes for which said lands are
taken ; and thereafter the title of all lands so taken shall
vest in said city. Any person injured in his property
under this act, and failing to agree with said city as to the
amount of damages, may have the same assessed and
determined in the same manner as provided in the act of
eighteen hundred and sixty-three, chapter one hundred
and sixty-three, entitled " An Act to supply the city of
New Bedford with pure water."

Section 3. If at any time the city of Taunton shall
take its water supply or any portion thereof from Assa-
warapsett Pond, and shall erect the dam provided for in
chapter two hundred and seventeen of the acts of the year

May take and
hold lands.

To file in regis-
try of i!' eds a
description of
the land taken.

If Taunton
erects dam at
Afisawampsett
Pond, comrais-
«loners sbaLl de

1878. — Chapter 141.

101

termine amount
to hv, i)iU(l by
Now Bedford.

one thousand eight hundred and seventy-five, the supreme
judicial court, or any justice thereof, u])()n application of
the cit}" of Taunton, shall appoint a board of three commis-
sioners, no one of Avhom shall be a citizen of the city of
Taunton or of the city of New Bedford ; and said commis-
sioners after having been sworn to the faithful and impar-
tial discharge of their duties shall, after notice to both
cities and a hearing, determine and decree what proportion
if anvi, of the expense of the construction and maintenance
of said dam and of the damages caused by the erection
thereof, should be borne by the city of New Bedford, and
shall assess the same accordingly, and shall determine the
manner in which the same shall be borne. In making their
determination said commissioners shall not consider the
priority of use of said waters by either of said cities, but
shall consider all other circumstances, which in their
opinion may affect the proportion in which the expense of
said construction, maintenance and damages should be
borne. They shall also determine how the costs of said
proceedings shall be borne by said cities. The determina-
tion and decree of said board of commissioners, or that of a
majority of them, shall be made in writing, and be reported
to said court, and shall be subject to revision by said court.
Said report, being accepted by said court, shall be binding
upon both said cities.

Section 4. The provisions of sections twelve and thir-
teen of chapter one hundred and sixty-three of the acts of
the year eighteen hundred and sixty-three shall apply to
all lands and water purchased or .taken, and to works con-
structed, under this act.

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

A2)proved April 13, 1878.

An Act to enable mutual fire insurance companies with Chap. 141
A guarantee capital to issue policies on the joint stock

PLAN.

Be it enacted, &c., as foUoics:

Section 1. Mutual fire insurance companies organized May issue poti-
or incorporated under the laws of this Commonwealth, JointTtockplan.
"with a guarantee capital of not less than two hundred
thousand dollars, may, subject to the provisions of this act,
issue policies on the joint stock plan. Such policies shall
not be liable to assessment, nor entitled to participate in
profits, and persons insured by such policies shall not by
reason tliereof be members of the company.

Section 2. Separate accounts shall be kept of the

Commissioners'
rejiort when ac-
cepted by court
to be binding.

Provisions of
1863, 163, §§ 12,
13 to apply.

102

1878. — Chapter 141.

Separate ac-
counts to be
kept of the stock
and mutual de-
partments.

Reserve fund.

Profits to be di-
vided among
ehareholders.

Subject to ac-
ceptance by a
majority vote.

Insurance com-
missloner to be
notitied upon
acceptance of
act.

business of the stock and mutual departments, and of the
receipts and expenditures in each. The general expenses
of such companies, including therein the annual cost of
the guarantee capital, which cost shall be deemed to be
the difference between the net amount earned by the
capital and the dividends upon such capital now author-
ized by law, shall be apportioned between the two depart-
ments in the ratio of the premiums written in each.
The mutual policy holders shall not be entitled to partici-
pate in the profits of the stock department, nor shall they
be liable to assessment to repair any deficiency in the
guarantee capital arising from losses in said department ;
but such deficiency shall be repaired from the reserve fund
of said department, and if said fund is not sufficient there-
for, by the shareholders in the manner provided by law in
the case of joint stock fire insurance companies.

Section 3. One-fourth of the net profits of the stock
department, after providing for all expenses, losses and
liabilities, including a sum equal to the amount of the
unearned premiums upon all outstanding risks in said
department, shall be invested as a reserve fund for the
security of the insured, and for repairing the guarantee
capital as aforesaid, until such fund is equal to fifty per
centum of tlie guarantee capital. The remaining net
profits of said department may be divided among the
shareholders: provided^ that the whole amount of divi-
dends to shareholders, including those now authorized by
law, shall not exceed ten per centum a year ; and if such
dividends are less than ten per centum in a year, after the
passage of this act, the same maybe made up when the net
profits and income become sufficient therefor.

Section 4. The provisions of this act shall not apply to
any mutual fire insurance company with a guarantee capi-
tal, unless the same shall have been accepted by a majority
of the members of such company present and voting there-
on at a meeting legally called for such purpose. Whenever
any insurance company shall have accepted the provisions
of this act as before provided, the officers shall forthwith
notify the insurance commissioner, who shall examine the
records of the company, and if the same are found to be in
conformity with the law, shall issue his certificate to that
elfect ; and thereupon the company shall be authorized to
issue policies upon the joint stock plan. The fee for such
certificate shall be ten dollars, which sum shall be collected
and paid into the treasury of this Commonwealth by the
insurance commissioner. All policies issued by any com-

1878, — Chapters 142, U3. i03

pany which has adopted the provisions of this act, shall
state definitely to which class or department the same
beU)ng, and also that the company transacts both a mutual
and stock business.

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

Approved April 13, 1878.

An Act relative to the payment of witnesses in criminal Chap. 142

PROCEEDINGS BEFORE POLICE, DISTRICT AND MUNICIPAL COURTS.

Be it enacted, &c., as folloivs:

Upon and after the termination of any criminal proceed- Fees may be
ing before any police, district or municipal court, whether eruruiei^iree-
by appeal or otherwise, the justice of said court or the co "n.^ ^'''^
clerk may, under the direction of the court, pay to the
witnesses for the Commonwealth in such proceeding their
fees, and shall take receipts for all fees so paid ; and such
receipts shall be vouchers for their respective amounts in
the hands of said justice or clerk, and shall be allowed to
him as paid in any settlement made by him with the
county treasurer now required b}^ law.

Approve ' April 13, 1878.

An Act to incorporate the town of north adams. Chap. 143

Be it enacted, &c., as follows:

Section 1. All the territory now within the town of Town of North
Adams in the county of Berkshire, comprised within the 4f;T^ '"''°'''"'' ,
following limits, that is to say: — Beginning at the north- Territorial ism-
west corner of said town of Adams, thence south seventy- ''^•
seven degrees fifteen minutes east on the line of the town
of Clarksburg, sixteen hundred and thirty-three rods to
the west line of the town of Florida; thence south twelve
degrees forty-five minutes west on said line of Florida,
twelve hundred and four rods to the "■ Old Military Line,"
so called ; thence north seventy-seven degrees fifteen min-
utes west near said military line, and parallel with the
south line of Clarksburg, sixteen hundied and thirty-three
rods to the east line of the town of Williamstown ; thence
north twelve degrees forty-five minutes east on the line of
the town of Williamstown, twelve hundred and four rods
to the place of beginning, — is hereby incorporated into a
town by the name of North Adams ; and said town of
Noi-th Adams is hereby invested with all the powers, privi-
leges, rights and immunities, and is subject to all the du-
ties and requisitions to which otiier towns are entitled and
subjected by the constitution and laws of this Common-
wealth.

104

1878. — Chapter 143.

Liability for
support of pau-
pers.

AsBesBment and SECTION 2. The inhabitants of said town of North
paymen o tax- ^^^^j-^-j^ shall pay all taxes which have been legally assessed
upon them by said town of Adams; and all taxes hereto-
fore assessed as aforesaid upon them, and upon property
within the limits of North Adams, and not collected, shall
be collected and ])aid over by the collector of taxes of said
town of North Adams to the treasurer of the town of
North Adams, in the manner provided by law. The as-
sessors of North Adams shall have power to abate any of
said unpaid taxes for any of the causes for which the as-
sessors of towns may now abate taxes. Until the next
state valuation the proportion of state and county taxes to
be assessed upon tlie towns of Adams and North Adams
shall be ascertained and determined by the valuation of
said town of Adams in the year one thousand eight hun-
dred and sevent3'-five. The assessors of North Adams
shall make return of such valuation and of the proportion
thei'eof in each of the towns of Adams and North Adams,
to the secretary of the Commonwealth and to the county
commissioners for the county of Berkshire.

Section 3. The towns of Adams and North Adams
shall be respectively liable for the support of all persons
who do now, or shall hereafter, stand in need of relief as
paupers, whose settlements were gained, whether by origi-
nal acquisition or derivation, within their respective limits.
Said town of North Adams shall pay annually to the town
of Adams two-thirds of the cost paid by the last-named
town for the support or relief of paupers whose settle-
ments were- acquired in said town of Adams as heretofore
constituted, in consequence of military services in the war
of the rebellion: provided, that the person who lendered
such military service was not at the time of his enlistment
an inhabitant of said town of Adams as heretofore consti-
tuted.

Section 4. The corporate property belonging to said
Md^deb^ts?^'''^'^^ town of Adams at the time this act takes effect, including
unpaid taxes and the public debts of said tow^n existing at
said date, shall be divided between the towns of Adams
and North Adams according to tiie valuation of the prop-
erty within their respective limits as assessed May first,
one thousand eightMiundred and seventy-seven; and the
towns of Adams and North Adams shall receive the same
propoi'tionate part of whatever amount may hereafter be
refunded to the town of Adams frum the state or the
United States to reimburse said town of Adams for boun-
ties to soldiers, or state aid paid to soldiers, or their fami-

Divielon of cor-

1878. — CiiAi'TER 143. 105

lies, after deducting- all reasonable expenses: provided^ Proviso.
that all debts and liabilities wliich the town of Adams has
incurred for and on account of the Nortli Adams fire dis-
trict shall be assumed by the town of North Adams; and
all debts and liabilities Avliich the town of Adams has in-
curred for and on account of the South Adams fire district
shall be assumed by the to\A"n of Adams as hereby consti-
tuted ; and provided, further, that the town of North
Adams may at its option pay its proportion of the indebt-
edness of the town of Adams, as heretofore constituted,
directly to the owners or holders of the said town's bonds
or sciip. The town of North Adams shall contribute
towards the payment of any amount recovered against
the toAvn of Adams in any suit now pending upon the
basis of division of public property and debts as herein
provided.

Section 5. In case the towns of Adams and North if towns fan to
Adams shall not agree in respect to a division of property, appolntcommls-
unpaid taxes, debts, ytate or county taxes, or the support sioners.
of paupers, the sui^erior court for the county of Berksliire
shall, upon the petition of either town, appoint three com-
petent and disinterested persons to hear the parties and
award thereon; and their award, or the award of any two
of them, being accepted by said court, shall be final. In
making said award said commissioners shall assign the real
estate belonging to said town of Adams at the time this
act takes effeo-t, to the town in which said estate is situ-
ated, so far as such 2)rovision sliall be practicable. The
expense of surveying and establishing the line between
Adams and North Adams shall be borne equally by said
towns.

Section 6. The said town of North Adams, until Election of state
otherwise provided by law, shall continue to be a part of ficer".'*'^^°°'*
the eleventh congressional district, of the eighth council-
lor district, of the north Berkshire senatorial district, of
the second Berkshire representative district, and of the
judicial district of the district court of northern Berk-
shire ; and the voters of said town of North Adams shall
vote for state and county officers, for members of the
council, for representatives to congress, and for senators
and representatives to the general court, in said town of
North Adams, at meetings to be legally called for that
purpose ; and the clerks of the towns of Adams and North
Adams shall make returns, and shall meet at the office of
the town clerk in the town of North Adams for tiie pur-
pose of ascertaining the result of the election of repre-

106

1878. — Chapter 143.

First meeting
for election of
officers.

Records of
Adams, as here-
tofore constitut-
ed, to be kept in
North Adams.

Money in treas-
ury to be ap-
plied to the pur-
poses for which
raised.

sentatives to the general court in said second Berkshire
district, and making certificates of the same, according to
the provisions of chapter eight of the General Statutes and
the acts in amendment thereof.

Section 7. Any justice of the peace within and for
the county of Berksldre, as soon as this act shall take
effect, may issue his warrant, directed to any inhahitant
of said town of North Adams, requiring hiiu to notify and
warn the inhabitants of such town, qualified to vote in
town affairs, to meet at the time and place appointed
therein, for the purpose of choosing all such town officers
as towns are by law authorized and required to choose at
their annual meetings, and for any of the purposes for
which annual town meetings may now be held; and said
warrant shall be served by publishing a copy thereof in
some newspaper published in the town of North Adams
four days at least prior to said meeting, and by posting up
copies thereof, attested b}^ the person to whom the same is
directed, in three public places in said town of North
Adams, seven days at least before the time of meeting.
The selectmen of the town of Adams shall before said
meeting prepare a list of voters in said town of North
Adams, qualified to vote in town affairs, and deliver the
same to the person presiding at said meeting before the
choice of a modeiator thereof. Such justice, or in his ab-
sence such inhabitant, ref^uired to notify the meetings,
shall preside until the choice of a moderator in said
town.

Section 8. The records, files and papers of said town
of Adams as heretofore constituted, severally required to
be kept in the offices of the town clerk, selectmen, asses-
sors, or treasurer, shall hereafter be deposited and kept in
the respective offices of town clerk, selectmen, treasurer,
and assessors of the town of North Adams, and shall at all
proper times be open to the inspection of the officers of
the town of Adams ; and certified copies of any such re-
cords, files and papers in the office of the town clerk of
North Adams, under the hand of the town clerk of the
town of North Adams shall have the same force and
effect, and be entitled to the same credit, as though cer-
tified and under the hand of the clerk of the town of
Adams.

Section 9. All money now in the treasury of said
town of Adams, or which ma3\ after the passage of this
act, be received into the treasur}^ of the town of Adams or
North Adams, respectively, from taxes assessed, or directed

1878. — Chapters U4, U5, 146.

107

to be assessed, shall be applied by each town to the pur-
poses for which it was raised and assessed.

Section 10. This act shall take effect upon its passage.

Approved April 16, 1878.

An Act to exable the county commissioners of the county (7^^^ "[44
of barnstable to borrow money for the purpose of "'

CONSTRUCTING A JAIL AND HOUSE OF
OTHER PURPOSES. •

CORRECTION, AND FOR

and house of
correction.

Be it enacted, &c., as foUoivs :

Section 1. The county commissioners of the county May borrow
of Barnstable are hereby authorized and empowered to "irucUon of jaii
borrow, upon the credit of said county, a sum not exceed-
ing twenty thousand dollars, for the purpose of construct-
ing a county jail and house of correction in said county,
and making necessary alterations and repairs in the court
house in the town of Barnstable.

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

Ax)proved April 16, 1878.

An Act concerning the continuance of cases nisi in the (Jhnv) I45

SUPERIOR court. "'

Be it enacted, &c., as follows :

Section 1. If an action is continued nisi from any Action contin-
term of the superior court, and is determined by the court u^'ineVby *^^"
before the next term in the same county, the iudgment by court before the

^T (> T next term ; en-

order of the court on the motion or at the request ot the tryofjudg-
party prevailing, may be entered as of the then last term ™'^" "
of the court in the county where the action is pending :
provided, hoivever, that nothing herein contained shall be
construed to take away from the superior court any power
now possessed by it.

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

Approved April 16, 1878.

An Act to repeal sections seventy-six and seventy-seven
OF chapter forty-nine of the general statutes concern-
ing PRESSED HAY AND STRAW.

Be it enacted, &c., as folloios:

Section 1. Sections seventy-six and seventy-seven of
chapter forty-nine of the General Statutes are hereby re-
pealed.

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

Approved April 16, 1878.

Chap. 146

Repeal of G. S.
49, §§76, 77.

108

1879. — Chapters 147, 148.

May take land
and streams for
purposes of
drainage.

Chap. 147 An Act concerning sewers and drains in the city op

NEWTON.

Be it enacted^ t&c, as foUoios :

Section 1. The board of aldermen of the city of New-
ton may, for the purposes of sewerage and drainage, take
and use any streams or water-courses within the limits of
said city, or take and divert the waters thereof, and de-
vote the same to the jjurposes aforesaid ; and may take
all necessary land to alter, widen, deepen or straighten
the channel of said water-courses, and remove ohstructions
therefrom, and may use and appropriate them, and cover,
pave and enclose them in retaining walls.

Section 2. In taking said water-courses or lands for
the purposes aforesaid, the said board of aldermen shall
proceed in the manner required by law in cases where
land is taken for highways ; and persons suffering damages
in their property sliall have the same riglits and remedies
for the ascertainment and recovery of such damages as
are provided by law for the ascertainment and recovery
of damages for lauds taken for townways in said New-
ton.

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

Approved Ai^il 17, 1878.

Recovery of
damages.

Chap. 148

Corporators.

Name and pur-
pose.

Capital stock
not to exceed
$250,000.

May hold real
estate in other
Btates.

An Act to incorporate the board of aid to land-owner-
ship.
Be it enacted, tfcc, as follows:

Section 1. Franklin W. Smith, Leverett Saltonstall,
George L. Ward, Edward Whitney and Robert Treat
Paine, Jun., tlieir associates and successors, are hereby
made a corporation under the name of " The Board of Aid
to Land-Ownership," for the purpose of aiding emigrants
and others to settle in colonies or otherwise, and to ac-
quire and improve land in the western and southern
states ; and for this purpose they shall have all the pow-
ers set forth in cliapter sixty-eight of the General Stat-
utes and in other general laws relative to such corpora-
tions.

Section 2. The capital stock of said corporation shall
not exceed two hundred and fifty thousand dollars, and
the corporation shall not commence the transaction of
business until fifty thousand dollars have been paid in in
cash.

Section 3. This corporation may hold real estate in
any state or territory in the United States, subject to
the laws of such state or territory, and the amount held

1878. — Chapter 149.

109

in INIassachiisetts shall not exceed fifty thousand dollars in
value.

Section 4. For the purposes of taxation this corpo- Taxation,
ration shall be subject to the provisions of the third,
fourth and fifth sections of chapter two hundred and
eighty-three of the acts of the year eighteen hundred and
sixty-five.

Section o. The charter of this corporation shall ex-
pire at the end of twenty years from the passage of this
act.

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

Approved April 17, 1878.

Limited to
twenty years.

An Act to incorporate the states union telegraph and

telephone company.
Be it enacted, &c., as folloios:

Section 1. Erastus P. Carpenter, Chester Snow,
Thomas Wallace, Joseph K. Baker, Joseph W. Stover,
their associates and successors, are hereby incorporated
as the States Union Telegraph and Telephone Company,
for the purpose of constructing, maintaining and operating
a line or lines of telegraph in any part of the United
States and Canada; with all the powers and privileges,
and subject to all the duties, restrictions and liabilities,
except as herein otherwise expressly provided, set forth in
all general laws which now are or hereafter may be in
force relating to such corporations.

Section 2. The capital stock of said corporation shall
be one million dollars, all of which shall be paid in
in cash before said corporation shall commence busi-
ness ; and said capital may be increased from time to
time to an amount not exceeding the sum of ten million
dollars.

Section 3. The stockholders of said company shall
at a meeting duly called for that purpose elect twenty-
five trustees who shall be stockholders, to hold their
ofiice, five tor five years, five for four years, five for three
years, five for two years, and five for one year ; and there-
after at each annual meeting five trustees shall be chosen
for the term of five years. Said trustees shall annually
elect a president, clerk, treasurer and five directors of said
company, in whom shall be vested the powers and duties
usually exercised by such officers.

Section 4. The franchise, charter or any portion of
the telegraph line of said corporation shall not be leased,
sold or offered for sale or leased to any existing company,

Chap. 149

Corporators.

Name and pur-
pose.

Powers and du-
ties.

Capital stock,
$1,000,000.

Twenty-five
trustees to be
elected.

Franchise not
to be leased or
sold.

1878. — Chapters 150, 151.

May purchase
rights and fran-
chises of Dux-
bury and Cohas-
set Railroad.

or to any person or association of persons, without the
consent of the legislature ; and any contract made con-
trary to the provisions of this act shall be void.

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

Approved April 17, 1878.

Chap. 150 -^^ ■^'^'^ "^^ AUTHORIZE THE OLD COLONY RAILROAD COMPANY TO
PURCHASE THE RAILROAD AND FRANCHISES OF THE DUXBURY
AND COHASSET RAILROAD COMPANY.

Be it enacted, &c., as folloios:

Section 1. The Old Colony Railroad Company is au-
thorized to purchase the rights, franchises and property of
the Duxbury and Cohasset Railroad Company ; and the
said Duxbury and Cohasset Railroad Company is author-
ized to convey and assign to the said Old Colony Railroad
Company its railroad franchises and property and all the
rights, easements, privileges and powers heretofore granted
to it ; and the said Old Colony Railroad Company shall,
upon such conveyance being made to it, have and enjoy all
the rights, powers, privileges, easements, franchises and
property of the Duxbury and Cohasset Railroad Company,,
and be subject to all the duties, liabilities, obligations and
restrictions to which said last named corporation may be sub-
ject : provided, however, that such purchase or sale shall not
be valid unless agreed to by the directors of the first named
corporation, and approved by two-thirds 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.

Approved April 17, 1878.

Proviso.

Chap.

Matters before
eupreme judi-
cial court in Nan-
tucket or Dukes
may be heard
before court in
Bristol county.

Indictment for a
capital crime to
be transmitted
to clerk of su-

151 An Act in relation to the terms of the supreme judicial

COURT FOR the COUNTIES OF NANTUCKET AND DUKES COUNTY.

Be it enacted, &c., as follows:

Section 1. All matters arising or pending in the coun-
ties of Nantucket or Dukes county, cognizable by the
supreme judicial court, may be made returnable to, and
entered, heard, tried and determined and have day in, any
of the terms of said court held in the county of Bristol,
in the same manner as like cases arising or pending in said
county of Bristol.

Section 2. As soon as may be after the finding of an
indictment for a capital crime in the county of Nantucket
or in the county of Dukes county, the party charged, when
in custody, shall be served with a copy thereof by the

1878. — Chapter 152.

sheriff or his deputy, with an order of the court notifying
him that the indictment will be entered forthwith u[)on the
docket of the sujjreme judicial court for the county of
Brisjtol. The clerk of the superior court for the county in
which such an indictment is found, shall forthwith, if the
person accused is in custody, or if not, then immediately
after his arrest, transmit the indictment to the clerk of the
supreme judicial court in the county of Bristol; and it
shall be entered at once in that court, whether it shall be
transmitted during a term of the court or in vacation ; and
thereafter the same proceedings had therein as though the
indictment had been originally found in the county of
Bristol. The court may from time to time during the
pendency of the indictment make such orders as may be
proper regarding the place of confinement of the person
accused : provided^ that the expenses of his keeping shall
in all cases be paid by the county in which the indictment
is found.

Section 3. At all terms of the supreme judicial
court in the county of Bristol at which jurors are sum-
moned to attend, there shall be summoned one juror, at
least, from the county of Nantucket and four jurors at
least from the county of Dukes county, the venires for
which shall be issued by the clerk of the supreme judicial
court in the county of Bristol. The cost of the travel and
attendance of such jurors shall be paid by the counties
from which they are summoned respectively. And for the
trial of any indictment for a capital crime, which has been
found and returned in the county of Nantucket or in the
county of Dukes county, there shall be summoned from
said counties respectively, such number of jurors, as any
justice of the supreme judicial court, in term time or in
vacation, may direct, the cost of the travel and attendance
of which shall be paid as above provided.

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

Approved April 17 ^ 1878.

An Act giving to the second district court of Bristol, and
the third district court of bristol, concurrent jurisdic-
tion in the towns of westport and freetown. .
Be it enacted^ <fcc., as folloivs:

The Second District Court of Bristol and the Third
District Court of Bristol shall hereafter have concurrent
jurisdiction in the towns of Westport and Freetown in all
matters civil and criminal, to the same extent that either
of said courts now have in either of said towns.

Approved April 17, 1878,

pro»nc .Tndiclal
court In Bristol
county.

Place of confine-
ment of person
accused.

Jurors to be
summoned from
Nantucket and
Dukes county.

Cost of travel
and attendance.

Chap. 152

Second and
third district
courts to have
concurrent ju-
risdiction in
W^estport and
Freetown.

112

1878. — Chapters 153, 154, 155.

Chap. 153 ^ ^CT TO AUTHORIZE ASSOCIATIONS FOR RAISING CHOICE BREEDS

OF DOMESTIC ANIMALS AND POULTRY.

Be it enacted, tfcc, as follotos:

Section 1. Section two of chapter three hundred
seventy-five of the acts of the 3^ear eighteen hundred and
seventy-four is amended by adding after the word " yacht-
ing," tlie words " and for encouraging the raising of choice
breeds of domestic animals and poultry."

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

Approved April 17, 1878.

Associations for
encouraging the
raising of do-
niestic animals,
&c.

Conditions of
bond given by
executors and
administrators.

Chap. 154 -^^ ^^"^ '^^ AMEND CHAPTERS NINETY-THREE, NINETY-FOUR, ONE
HUNDRED, AND ONE HUNDRED AND NINE OF THE GENERAL STAT-
UTES, RELATING TO THE BONDS OF EXECUTORS, ADMINISTRATORS,
TRUSTEES AND GUARDIANS.

Be it enacted, <fec., as foUotvs:

Section 1. Section two of chapter ninety-three and
section two of chapter ninety-four of the General Statutes
are hereby amended by striking out the third clause in the
condition of the bond named in each of said sections and
inserting in place thereof the following ; " Third. To ren-
der upon oath a just and true account of his administra-
tion at least once a year and at such other times as shall
be required by said court, until his trust is fulfilled, unless
excused therefrom in any year by the judge of probate."

Section 2. Section one of chapter one hundred, and
section sixteen of chapter one hundred and nine of the
General Statutes are hereby amended by striking out of
the third clause in the condition of the bond named in said
section one, all after the word " thereof," and by striking
out of the same clause in the condition of the bond named
in said section sixteen, all after the word " property " in
the third line, and inserting in place thereof in each clause
the words " at least once a year and at such other times as
shall be required by said court until his trust is fulfilled,
unless excused therefrom in any year by the judge of pro-
bate ; and ".

Section 3. This act shall take effect September first,
eighteen hundred and seventy-eight.

Approved April 17, 1878.

Conditions of
bond given by
trustees and
guardians.

To take effect
Sept. 1, 1878.

Chap, 155 ^N ■^^'^ "^^ EXTEND THE JURISDICTION OF TRIAL JUSTICES IN CER-

TAIN CRIMINAL CASES, AMENDING CHAPTER SEVENTY-EIGHT OF

THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND SIXTY-THREE.

Be it enacted, &c., as follows:

Section 1. Chapter seventy-eight of the acts of the

1878. — Chapter 156.

113

year eighteen hundred and sixty-three is hereby amended oononrrent ju-
by inserting in the first section after the words " police guperio^Ao'urt.
courts," the words " and trial justices," and by inserting in
the second section after the word " court," the words " or
trial justice."

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

Approved April 17^ 1878.

An Act maknig additional appropriations for certain Chap. 156

EXPENDITURES AUTHORIZED IN EIGHTEEN HUNDRED AND
SEVENTY-SEVEN AND PREVIOUS YEARS.

Be it enacted, &c., as follows:

Section 1. The sums hereinafter mentioned are ap-
propriated, to be paid from the ordinary revenue, for the
purposes specified herein, to wit : —

For stationery ordered by the clerk of the house of
representatives, forty-eight dollars and sixty cents.

For stationery, printing, &c., ordered by the sergeant-at-
arms, seventy-four dollars.

For the compensation of the watchmen employed at
the State-house, ninety-one dollars and eighty-six cents.

For repairs, improvements and furniture at the state-
house, seven hundred twenty dollars and fifty-five cents.

For contingent expenses of the executive council, three
hundred thirty-nine dollars and seventy-five cents.

For stereotyping the supplement to the General Stat-
utes, four hundred sixty-nine dollars and nine cents.

For militia compensation, a sum not exceeding two
thousand two hundred dollars.

For transportation of the militia, a sum not exceeding
two thousand and nine hundred dollars.

For military accounts, a sum not exceeding nine hun-
dred dollars.

For military and other expenses attending the cen-
tennial celebration at Bennington, a sum not exceeding
two thousand six hundred sixteen dollars and forty-one
cents.

For the board and tuition of state beneficiaries in the
asylums for the deaf and dumb, a sum not exceeding
two thousand seven hundred thirty-one dollars and one
cent.

For expenses incurred at the reformatory prison for
Avomen, two thousand nine hundred ninety-four dollars
and two cents.

For travelling expenses of the state detective force,

Appropriations.

Stationery,
House of Rep-
resentatives.
Stationery,
Sergeant-at-
arms.

Watchmen.

Repairs and fur-
niture.

Executive coun-
cil.

Supplement to
General Stat-
utes.

Militia compen-
sation.

Transportation.

Military ac-
counts.

Celebration at
Bennington.

Deaf and dumb.

Prison for wom-

State detective
force.

114

1878. — Chapters 157, 158.

three thousand two hundred eighty-six dollars and one
cent.

For expenses incurred at the state primary school at
Monson, a sum not exceeding two thousand dollars.

For expenses incurred by the commissioners on conta-
gious diseases among cattle, forty-two dollars and sixty
cents.

For expenses incurred in the construction and repair of
roads in the town of Mashpee, during the previous year,
three hundred dollars.

For expenses incurred by the harbor commissioners in
the purchase of meadows, flats, &c., at Provincetown and
Truro, a sum not exceeding one hundred sixty-nine dol-
lars and thirty-one cents.

For sundry small items of expenditure incurred in pre-
vious years, appropriations for which have been exhausted,
or have reverted to the treasury, a sum not exceeding
three hundred dollars.

The appropriations made in chapter two hundred and
forty-two of the acts of the year eighteen hundred and
seventy-seven, for furnishing and maintaining the lunatic
hospital at Danvers, are hereby made applicable to said
purposes during the present year.

For expenses attending the reception of the president
of the United States, one thousand two hundred fifty-one
dollars and fifty-three cents.

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

Approved Ajiril 18, 1878.

Chap. 157 An Act in relation to misrepresentations in applications

FOR POLICIES OF FIRE AND LIFE INSURANCE.

Be it enacted, &c., as follows:

Section 1. No oral or written misrepresentation made
in obtaining or securing a policy of fire or life insurance
shall be deemed material, or defeat or avoid the policy, or
prevent its attaching, unless such misrepresentation is
made with actual intent to deceive, or unless the matter
misrepresented increases the risk of loss.

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

Approved April 18, 1878.

(Jhap. 158 An Act concerning suits upon debts, claims and assets

SOLD OR assigned BY EXECUTORS AND ADMINISTRATORS.

Be it enacted, &c., as folloivs:
ci^aimsTidor SECTION 1. Scctiou fouT of chapter ninety-eight of the

assigned by General Statutes is hereby amended by adding thereto at

State primary
school.

Cattle diseases.

Mashpee.

Meadows in
Provincetown
and Truro.

Small items of
expenditure.

Lunatic hospital
at Danvers.

Reception of the
president.

Misrepresenta-
tions not to be
deemed material
unless made
with intent to
■deceive.

1878. — Chapters 159, 160.

115

the end thereof, the follovvincr: "And all suits for the executors and

/.•ITT. •,. " ^ . f 1 . I administr.itora.

recovery 01 said debts, claims and assets, sold or assigned g. s. 98, §4.

under license granted as aforesaid, shall be brought in the

name of the purchasers. And such suits upon promissory

notes signed in the presence of an attesting witness, shall

not be barred by the provisions of chapter one hundred

and fifty-five of the General Statutes, if they could have

been maintained by such executor or administrator. The

fact of sale, and of j^urchase by the plaintiff, shall be set

forth in the writ or declaration, and the defendant may

avail himself of any matter of defence of which he could

have availed himself in a suit brought by the executor or

administrator. Costs in such suits shall be recovered by

or against the plaintiff, and the executor or administrator

shall not be liable therefor."

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

Approved April 19, 1878.

An Act authorizing the establishment of nautical schools. Chan. 159
Be it enacted, &c., as follows:

The city council of any city and the inhabitants of any cities and towns

, , T T 1 1 • , • lie may establish

town may establish and maintain one or more schools lor nautical schools.
the purpose of training young men or boys in nautical
duties, with the powers and subject to the provisions of
law contained in chapter eighty-six of the laws of the year
eighteen hundred and seventy-two, except that the school
committee of such city or town may excuse boys attend-
ing such nautical schools from attendance on other schools.
Such schools may be maintained upon shore, or upon ships
or other vessels, at the option of the said school committee.

Approved April 19, 1878.

An Act concerning vagrants.
Be it enacted, &c., as follows:

Section 1. It shall be the duty of the chief of the
state detective force to detect all persons who are deemed
vagrants, under the provisions of section one of chapter
two hundred and thirty-five of the acts of the year eigh-
teen hundred and sixty-six, and to enforce or cause to
be enforced against such persons the penalties provided by
law.

Section 2. Said chief shall make to each legislature,
early in January, a report of his doings under this act dur-
ing the preceding year.

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

Approved April 19, 1878.

Chap. 160

Vagrants to be
prosecuted by
chief of state
detective force.

Report to the
lesrislature.

116

1878. — Chapters 161, 162.

Chap. 161

Corporators.

Name.

Duties and lia-
bilities.

Purpose.

An Act to incorporate the "fusilier veteran associa-
tion" OF THE CITY OF BOSTON.

Be it enacted, &c., as follows:

Section 1. John F. Pray, Albert E. Proctor, Alfred
N. Proctor, Daniel Cooley, Andrew Gorham, William
R. Wright, George Baircl, Sidney A. Stetson, John Mc-
Donongh, Robert H. Cloustan, James Quinn, Charles Jar-
vis, George T. Sears, Henry C. Miller and George G.
Nichols, being past members of the military organization
now existing, chartered May eleven, seventeen hundred
and eighty-seven, and known as the "Independent Boston
Fusiliers," and such other persons being past members of
said organization as may hereafter become associated with
them, are hereby constituted a body corporate by the
name of the " Fusilier Veteran Association," 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 such corporations.

Section 2. The object of this corporation shall be to
perpetuate their connection with the corps, to institute a
bond of fellowship and union between former and present
companions in arms, to afford pecuniary relief to reduced
and indigent members, their widows and children, and to
preserve more fully the traditions and customs of the old
corps.

Section 3. The said corporation shall have power to
adopt a constitution and by-laws, containing rules and
regulations for the admission of members, and their gov-
ernment ; the election of officers, and prescribing their
duties ; the suspending 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. This act shall take effect upon its passage.

Approved April 19, 1878.

Chap, 162 An Act to authorize the city op salem to construct a

MAIN DRAIN OR SEWER IN THE NORTH RIVER.

Be it enacted, &c., as follows :

Section 1. For the purpose of taking and carrying
away the waters of Tapley's, Goldth wait's or Proctor's
Brooks, or their tributaries, and the sewage, drainage or
pollution therein, and for the purpose of taking and carry

May adopt con-
stitution and by-
laws.

Real and per-J
sonal estate.

May construct a
sewer with
branches.

1878. — Chapter 162.

117

ing away the sewage of the city of Salem, said city is
hereby authorized to construct a main drain or sewer, with
as many branches as may from time to time be deemed
necessary, from the line between said city of Salem and
the town of Peabody, at or near the head of Frye's Mill-
pond, running in a southerly and easterly direction along
said millpond and the North River to some point below
the North Bridge in said Salem, and to conduct and di-
rect into said sewer the said brooks or either of them, or
their tributaries, and any sewage, drainage or pollution
which may be therein. Said sewer may be of the width
of thirty feet, and may be walled in and covered in such
manner as said city may see fit, or may be left as an open
canal. Said sewer shall be substantially made with such
materials and in such manner as the city council may di-
rect, and shall be kept and maintained in good order by
said city of Salem.

Section 2. For the purposes aforesaid the city of
Salem may take and hold, by purchase or otherwise, all
the flats in said Frye's Millpond, and fill up the same ; and
may take by purchase or otherwise, any lands, real estate,
franchises or water-rights, necessary for laying and main-
taining said main sewer and its branches, or for the better
carrying off of said waters.

Section 3. The mayor of said city, within sixty days
after the taking of any of the lands, real estate, franchises
or water-rights as aforesaid, shall file in the registry of
deeds for the county of Essex a description tliereof sufifi-
ciently accurate for identifying the same.

Section 4. Said city of Salem shall be liable to pay
all damages sustained by any persons or corporations in
their property by the taking for such purpose of any land,
water, water-rights, franchises or property, or by the con-
structing of said drain. If any person or corporation
sustaining damage as aforesaid cannot agree with said city
upon the amount of said damages, such person or corpora-
tion may have them assessed and paid in the same man-
ner as is provided by law with respect to land taken for
highways.

Section 5. Wherever said main sewer or its branches
shall intercept or cut off streams, drains or sewers, existing
at the date of the passage of this act, said city of Salem
shall connect the same with said main sewer or its
branches, or make such other provision as not to destroy
or unnecessarily injure the flow of the same; and shall
make such provision, whether the flow of any such stream

Scwer may be
thirty feet in
width.

May take flats in
Frye'sMillpond.

Mayor to file in
resristry of deeds
a description of
tlie land taken.

Liability for
damages.

Streams or
dniins intercept-
ed, to be con-
nected with new
sewer.

118

1878. — Chapter 162.

Drainage in the
town of Pea-
tody

Drainage not to
be discharged
into new sewer
without permis-
sion.

Proviso.

Penalty for in-
juring or ob-
structing sewer.

shall be in its natural channel, or in any new or artificial
channel which may be constructed for it by the town of
Peabody or others.

Section 6. Upon the establishment hereafter by the
town of Peabody of a system of drainage or sewerage,
whereby new or further drainage, sewage or pollution,
shall be directed into said brooks or either of them, or
their tributaries, and shall be carried through said main
drain or sewer, the town of Peabody shall pay the city of
Salem a reasonable compensation for conducting said new
or further sewage, drainage or pollution, along said main
drain to the outlet thereof ; and if said town and city can-
not agree upon the amount of said compensation, either
party may petition the supreme judicial court for the ap-
pointment of a commission of three suitable persons, who
shall hear the parties, and determine the compensation, if
any, to be paid to the city of Salem. Such compensation
may consist of a sum in gross or of a yearly payment, to
be made to said city, as said commissioners or a majority
of them shall decide, being subject to the revision of and
being accepted by the supreme judicial court, shall be
final, and judgment shall issue thereon.

Section 7. No corporation, person or persons shall
hereafter discharge any sewage, drainage or pollution of
any kind, into said main drain or any of the branches
thereof, except as the same may come through said brooks
or either of them, or their tributaries, without the permis-
sion of the said city of Salem : provided^ Jwivever, that any
such corporation, person or persons, may enter a drain or
sewer into said main sewer or either of its branches, upon
giving six months' notice of their desire to do so, and upon
payment of a reasonable compensation to said city for the
use of the same. The entry of any drain or sewer into
said main drain or any of its branches, shall be made
under the direction of the city of Salem, and subject to
such reasonable rules and regulations as may be made by
the city council thereof.

Section 8. If any town, corporation, person or persons
shall contrary to the provisions of this act enter any drain
or sewer, or conduct any sewage or drainage matter or
pollution of any kind, into any drain or sewer constructed
under the provisions of this act, or shall wantonl}^ or
maliciously injure or destroy or divert or obstruct any
such drain or sewer, or destroy or injure any property
owned or used by said city of Salem by the authority and
for the purposes of this act, such town, corporation, per-

1878. — Chapter 162.

119

son or persons, shall forfeit and pay to said city of Salem
three times the amount of the damages that shall be
assessed therefor, to be recovered in any proper action.
Whoever wantonly or maliciously injures or destroys such
drain or sewer, or destroys or injures any property OAvned
or used by the said city of Salem by the authority or for *
the purposes of this act, may be punished by fine not
exceeding three hundred dollars, or by imprisonment not
exceeding one year.

Section 9. For the purpose of abating the nuisance
in the city of Salem, in said Frye's Millpond, and in that
part of the North River lying in Salem above North
Bridge, and in certain portions of the south side of said
city of Salem, the said city may from time to time pur-
chase or otherwise take any or all of the flats lying in
said Frye's Pond south of the dividing line between
Salem and Peabody, and any or all of the flats in the said
North River, lying in Salem above said bridge, or lying
below said bridge, and southerly of the Essex Railroad
and Eastern Railroad, and any flats lying in Palmer's
Cove, so called, and in the dock lying on the eastern side
of Lafayette Street, known as Bowker's Dock, and fill
and raise the same to such grade as may be deemed neces-
sary or expedient. Such city shall within sixty days from
the time it shall take for such purpose said flats, or any of
them, file in the office of the registry of deeds for the
county of Essex a description of the flats so taken, as cer-
tain as is required in a common conveyance of lands, and
a statement that the same are taken pursuant to the pro-
visions of this act ; which said description and statement
shall be signed by the mayor of said city, and the title of
all flats so taken shall vest in the city of Salem ; and the
same may be sold and conveyed by said city in such man-
ner as the city council may determine ; and if any party
whose flats are taken shall agree with said city upon the
damage done to him by the said taking, the same shall be
paid to him by the said city forthwith.

Section 10. Any person entitled to any estate or ease-
ment in any part of the lands so taken may, at any time
within one year from the time when the same shall be
taken, as well in his own behalf as in behalf of all other
persons having estates or interest in lands or flats affected
by the same taking, file a bill in equity in the supreme
judicial court in the county of Essex, setting forth the
taking of the complainant's flats by the said city, and
whether the complainant claims any and what damages

May take land
and flats for
abatement of
nuisance.

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

Rights of par-
ties having es-
tates or ease-
ments in lands
taken.

To file bill in
equity in su-
preme judicial
court.

120

1878. — Chapter 162.

Court to appoint
three commis-

Commissioners
to cause a sur-
vey of the lands,
and fix bounda-
ries.

Parties aggriev-
ed may apply
for a jury.

against the said city of Salem for said taking, and praying
an assessment of damages therefor. And upon the filing
of such bill said court shall cause notice of the pendency
of said bill to be given to all persons in whose behalf such
bill shall be filed, to appear and become parties thereto,
if they should see fit to do so. Said court shall prescribe
how such 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 shall be forever
barred from recovering damages on account of such taking.
Each person so appearing and becoming a party shall file
a written description of the flats in which he claims an
estate, together with a plan thereof, so as clearl}^ to distin-
guish the same from all other lands, and shall also declare
what estate he claims therein.

Section 11. Upon the expiration of the time allowed
for the appearance to the said bill, the said court shall
appoint three commissioners, who shall receive such com-
pensation as the said court shall fix, to be paid by the city
of Salem. It shall be the duty of the said commissioners,
after due notice, to hear each of the said parties, including
the said city of Salem, 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 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 complainant's 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 such owner of such lands, with a plan of the several
portions of land within said district, showing the lines
established for said owner ; which plan, after its approval,
shall by order of the court be recorded in the registry of
deeds for the county of Essex. Said commissioners or the
major part of them shall, within three months after said
hearing, make report to the said court of their doings, and
when requested by any party, of the evidence touching
any exception intended to be taken by him.

Section 12, Any party aggrieved by anj^ findings or
doings of said commissioners may apply for a jury to re-
vise the same, by petition to the supreme judicial court at
the same term thereof at which said commissioners shall
make their report, or at the next term thereof; and there-

1878. — Chapter 162.

121

upon 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 the
lands taken for the laying out of highways in the county
of Essex. And any party aggrieved by any ruling of law
made by said commissioners, or by said court, may except
to said ruling, and have the exceptions heard and deter-
mined by the said court, sitting in banc, according to its
course as a court of equity. The respective rights and
remedies of persons having different or separate interests
or estates in the same property as to the disposition of
the damages awarded or agreed to under this act, and the
manner of assessing damages for the taking of such prop-
erty, shall be in all respects the same as they now are
in the case of property taken for the laying out of high-
ways.

Section 13. When it shall be finally determined
what amount of damages any party is entitled to recover
against the city of Salem, or any other party defendant,
a separate decree shall be entered accordingly, and exe-
cution therefor shall be issued without regard to the pend-
ency of the claims of any other party or parties.

Section 14. If any party shall apply for and obtain a
trial by jury, he shall recover his legal costs after such
application, if he shall recover a greater amount than the
award of the commissioners with the accrued interest
thereon ; otherwise he shall be liable for the legal costs
of the other party.

Section 15. Said court may make all orders and de-
crees necessary to carry into effect the intent of this act,
and may at its discretion, at any stage of the proceedings,
order a party to give security for the payment of damages
or costs.

Section 16. 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 17. The city council of the city of Salem is
hereby authorized to lay out, in the manner prescribed by
the charter of said city, anj^ street or way over any of the
flats referred to in this act.

Section 18. The powers granted to the mayor and
aldermen of said city by chapter one hundred and eleven
of the acts of the year eighteen hundred and sixty -nine
are hereby so far extended as to enable said mayor and alder-
men to lay, make and maintain drains and common sewers
through or over the flats within the limits of said city.
If)

Trial by jury.

When damage
is ascertained,
execution to
issue.

Costs, upon a
trial by jury.

Court may make
orders and de-
crees.

Payment of

costs.

City may lay out
streets over
flats.

May make and
maintain drains.

122

1878. — Chapter 163.

" City of Salem
Sewerage Loan"
not to exceed
$250,000.

Sinking fund to
be established.

Commissioners
of sinking funds.

Subject to ac-
ceptance by a
two-thirds vote.

Section 19. For the purpose of defraying the cost of
constructing said main drain, and the cost of such fran-
chises, property, lands, flats, water and water-rights as are
taken, purchased or held for the purposes aforesaid, and
of taking and filling flats as provided in section nine, the
city council shall have authority to issue scrip, bonds or
certificates of debt, to be denominated on the face thereof
" City of Salem Sewerage Loan," to an amount not exceed-
ing in the whole the sum of two hundred and fifty thou-
sand dollars, bearing interest at a rate not exceeding six
per cent, per annum, said interest to be payable semi-
annually, and the principal to be payable at periods not
more than twenty years from the time of issuing said
scrip, notes, bonds or certificates respectively. Said city
council may sell the same or any part thereof, from time
to time, or pledge the same for money borrowed for the
purposes aforesaid; but the same shall not be sold or
pledged at less than the par value thereof.

Section 20. There shall be set apart annually from
the amount raised by the annual tax of said city a sum not
less than five per cent, of the principal of the " City of
Salem Sewerage Loan " as a sinking fund, and applied
solely to the payment of the principal of said loan until
the same is fully paid and discharged. Commissioners for
said fund shall be elected in the manner provided for the
election of commissioners of municipal sinking funds by
section five of chapter two hundred and nine of the acts of
the year eighteen hundred and seventy-five.

Section 21. This act shall take effect upon its accept-
ance by two-thirds of the voters of said city present and
voting at meetings held simultaneously for the purpose in
the several wards, on such day during the current year as
shall be designated by the mayor and aldermen, upon no-
tice of such meetings duly given at least seven days before

the time of holding such meetiuR's.

Approved April 19, 1878.

Chap.

163 An Act for the protection of the shores and beaches in

THE towns of hull AND COHASSET.

Be it enacted, &c., as follows:
Sand and gravel SECTION 1. Any pcrson Or Corporation who shall take
from shores^nd OT rcmovc froiu any of the shores or beaches in the town
beaches. q£ Hull, Or fi'om any of the shores or beaches lying be-

tween the Black Rock house in the town of Cohasset and
the new Pacific house in said Hull, any earth, sand, gravel,
stones or other material of like nature now or hereafter

1878. — Chapters 164, 165. 123

composing such shores or beaches, without the consent in
writing of the board of harbor commissioners, shall for
each offence forfeit and pay to the use of the Common-
wealth a sum not less than twenty-five dollars and not ex- Penalty,
ceeding two hundred dollars, or be punished by imprison-
ment in jail not exceeding two months.

Section 2. All acts or parts of acts inconsistent here- Repeal,
■with are hereby repealed. Approved April 19, 1878.

An Act relating to the expense of rebuilding thurlow's Chap. 164

BRIDGE IN NEWBURY.

Be it enacted, &c., as folloivs:

Section 1. The county commissioners of the county ^°™^,'^g',°"if*
of Essex are hereby authorized to allow from the treasury Newbury for re-
of said county to the town of Newbury, to indemnify it .^^'' '"^ " ^^'
for the expense of rebuilding the bridge within the limits
of said town over Parker River called Thurlow's Bridge,
the sum of seven hundred dollars : provided, that upon Proviso,
view and hearing they are satisfied that said allowance is
just and reasonable.

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

Approved April 20, 1878.

An Act in relation to the recording and registering of Chap. 165

BETS AND WAGERS, AND THE BUYING AND SELLING OF POOLS.

Be it enacted, &c., as follows:

Any person who shall keep any room or building, or any Buying and seu-

, -^ -^ ,. p 1, -IT ingof pools

part or portion oi any room or buiidmg, or occupy any prohibited,
place upon public or private grounds, anywhere within
this Commonwealth, with apparatus, books or parapher-
halia, for the purpose of recording or registering bets or
wagers ; or of buying or selling pools or what are com-
monly known as pools, upon the result of any trial or con-
test of skill, speed or -endurance of man, beast, bird or
machine ; or upon the result of any game or competition;
or upon the result of any political nomination, appointment
or election ; or, being such keeper or occupant, shall re-
cord or register such bets or wagers, or buy or sell such
pools, or be concerned in the buying or selling of the
same ; or, being the owner, lessee or occupant of any room
or building, or any part thereof, or private grounds, shall
knowingly permit the same to be used or occupied for any
of the purposes aforesaid ; or shall therein keep, exhibit,
use or employ, or knowingly permit to be kept, exhibited,
used or employed, any device or apparatus for recording or
registering such bets or wagers, or for buying or selling

124

1878. —Chapters 166, 167.

Penalties.

Agent or broker
to be held to be
the agent of the
eompany.

Agent withhold-
ing premiums,to
be deemed guil-
ty of larceny.

such pools ; or any person who shall become the custodian
or depositary, for hire, reward, commission or compensa-
tion, in any manner, of any pools, or of any money, prop-
erty or thing of value, in any manner staked, wagered, or
bet upon any such result aforesaid ; shall be deemed guilty
of a misdemeanor, and shall be punished by imprisonment
in the jail or house of correction not exceeding one ,year,
or by fine not exceeding two thousand dollars, or by both
such fine and imprisonment. Approved April 20, 1878.

Ghap. 166 An Act relating to insurance agents and brokers.
Be it enacted, &c., as follows:

Sectiok 1. Any insurance agent or broker who acts
in negotiating a contract of insurance by any insurance
company doing business within the Commonwealth, for
any person other than himself, shall for the purpose of
receiving the premium therefor, be held to be the agent of
such company, any thing in the policy or contract of insur-
ance to the contrary notwithstanding.

Section 2. Any insurance agent or broker who acts
in negotiating a contract of insurance by an insurance
company lawfully doing business within the Common-
wealth, who shall embezzle or fraudulently convert to his
own use, or shall take or secrete, or otherwise dispose of,
with intent to use or embezzle, or shall fraudulently with-
hold or appropriate, lend, invest, or otherwise fraudulently
use or apply, any money or substitute for money received
by him as such agent or broker, without the consent or
contrary to the instructions of the company for or on
account of which the same is received by him, shall be
deemed guilty of simple larceny,

Apiproved April 20, 1878.

An Act concerning the expenses of the railroad commis-
sioners.
Be it enacted, &c., as follows:

Section 1. The annual expenses of the board of rail-
road commissioners including salaries shall be borne by
the several corporations owning or operating railroads or
street railways, according to their gross earnings by trans-
portation of persons and property, to be apportioned by
the tax commissioner, who, on or before the first day of
July in each year, shall assess upon each of said corpora-
tions its just proportion of such expenses in proportion to
its said earnings for the year next preceding that in which
the assessment is made ; and such assessments shall be col-

Chap.iei

ExpenseB of
commissioners
to be borne by
railroads and
«treet railways.

1878. — Chapters 168, 169.

125>

372, § 18.

lected in the manner provided by law for the collection of
taxes upon corporations.

Section 2. Section eighteen of chapter three hundred i^^epeai of i874^
and seventy-two of the acts of eighteen hundred and
seventy -four is hereby repealed.

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

Ax)proved April 20, 1878.

An Act to prevent trespass on land.
Be it enacted, &c., as follows :

Section 1. Every owner or person having the charge
or custody of any sheep, cattle, horses, swine or fowl, who
wilfully suffers or permits the same to enter on, pass over,
or remain on any orchard, garden, mowing land or other
improved or enclosed land of another, after being forbid-
den in writing by the owner or occupant thereof, or by
the authorized agent of such owner or occupant, shall be
guilty of trespass and shall be punished by fine not ex-
ceeding ten dollars.

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

Approved April 20, 1878.

An Act to prevent frauds in the sale of sewing thread.
Be it enacted, &c., as folloivs:

Section 1. Every manufacturer of cotton, linen or
silk sewing thread, or person engaged in putting up such
thread on spools or in packages of one pound weight or
less, intended for sale, shall before the same is offered for
sale, affix to or impress upon each spool or several pack-
age a label or stamp designating the quantity of thread
each spool or package contains, either by giving the
length in yards or by giving the weight.

Section 2. If any such person shall neglect to affix
such label to, or impress such stamp upon each spool or
several package of thread, or shall affix to or impress
upon, or cause or suffer to be affixed to or impressed upon,
any spool or package of thread intended for sale, a label or
stamp specifying that such spool or package contains a
greater number of yards or a greater quantity of thread by
five per cent, than such spool or package contains, he shall
forfeit the sum of five dollars for each spool or package so
without a label or stamp or falsely labelled or stamped
that shall be sold or be delivered to any person to be sold ;
to be recovered one-half to the use of the state, and
one-half to the use of the party who shall sue for the
same.

Chap.ieS

Trespasses on
land.

Chap. 169

Thread for sale
on spools etc., to
be labelled with
length in yards.

Penalty for neg-
lect to affix labeU

126

1878. — Chapters 170, 171.

Penalty for affix-
ing false label.

Repeal of 1869,
120.

Ready wound
bobbins exempt-
ed.

Chap.

Section 3. Any merchant, jobber or trader who shall
sell or offer for sale cotton, linen or silk sewing thread, on
spools or in packages, that is falsely labelled or stamped as
regards Ifength or quantity, shall be liable to the penalty
prescribed in the preceding section.

Section 4. Chapter one hundred and twenty of the
acts of the year eighteen hundred and sixty-nine is hereby
repealed ; but such repeal shall not affect any prosecution
now pending.

Section 5. Ready wound bobbins of thread adapted
for use in sewing-machine shuttles shall be exempt from
the provisions of this act.

Section 6. This act shall take effect upon the first day
of July next. Approved April 20, 1878.

170 An Act to amend section twenty-two of chapter one
hundred and thirty of the general statutes relating
to set-off.

Set-off in suits
before trial jus-
tices, and police
and municipal
courts.

Be it enacted, &c., as follows:

Section 1. Section twenty-two of chapter one hun-
dred and thirty of the General Statutes is hereby amended
by striking out the words "a justice of the peace or police
court," and inserting in place thereof the words " a trial
justice or a police, district or municipal court ; " and by
striking out all after the word '-'■provided,'''' and inserting
in place thereof the words " that no judgment for a defend-
ant shall exceed the sum for which the court or trial jus-
tice might render judgment for a plaintiff."

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

Approved April 23, 1878.

Chap. 171 An Act in relation to the approval of private schools

BY school committees.

Be it enacted, &c. , as follows :

Section 1. For the purposes designated in section one
of chapter two hundred seventy-nine of the acts of
the year eighteen hundred and seventy-three, and in
section two of chapter fifty-two of the acts of the year
eighteen hundred and seventy-six, school committees shall
approve private schools in their respective localities only
when satisfactory evidence is afforded them that the teach-
ing in such schools corresponds in thoroughness and effi-
ciency to the teaching in the public schools, and that the
progress made by the pupils in studies required by law
is equal to the progress made during the same time in the

Private schools
subject to the
approval of
school commit-
tees.

1873, 279, § 1.
1876, 52, § 2.

1878. — Chapters 172, 173, 174.

127

public schools ; and such teaching shall be m the English Teaching to be

f ° ° in the EngUah

language. language.

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

Ax>provecl Aj^ril 23, 1878.

An Act to amend chapter three hundred and eighty-four Chap. 172
OF the acts of the tear eighteen hundred and sixty-
nine CONCERNING THE CULTIVATION OF FISHES.

Be it enacted, tfcc, as follows :

Section 1. Whoever uses any sweep seine in the '^'r^^ f sweep-

• tiT r>iTx^r«iTnr'ii i seme to be not

waters oi the Connecticut, VVestneld, Deerneld, Miller s, less than five

Merrimack, Nashua or Housatonic rivers, or their tributa- ""^ ^"^

ries, having a mesh which stretches less than five inches,

shall forfeit for the first offence twenty-five dollars, and for

every subsequent offence fifty dollars ; and in each case

shall also forfeit the apparatus thus unlawfully used, and

the fish captured.

Section 2. Section twenty-one of chapter three hun- Repeal of iseg,
dred and eighty-four of the acts of the year eighteen hun-
dred and sixty-nine is hereby repealed.

Section 3. This act shall take effect on the first day
of December next. Approved April 23, 1878.

An Act in relation to the compensation of auditors. Chap. 173
Be it enacted, &c., as follows :

Section fifty of chapter one hundred and twenty-one of ofTu(mors'°o\e
the General Statutes is hereby amended, so that the com- P'^i'^ ^y coun-
pensation awarded by the supreme judicial and superior §50'. im,m'.
courts to auditors appointed by those courts shall be paid
by the counties in which they are appointed, and shall not
be taxed in the bill of costs of either party to the action.
Chapter sixty-seven of the acts of the year eighteen hun-
dred and sixty-seven shall have no application to auditors
appointed by the supreme judicial or superior courts.

Approved April 23, 1878.

An Act to provide for the more accurate registration Chap. 174

OF VITAL statistics.

Be it enacted, &c., as follows :

Section 1. No human body shall be buried, or removed ^"^t'^d "untu*^*^"
from any city or town, until a proper certificate has been proper certifi-
given by the clerk or local registrar of statistics to the gtven.'** ^^*^°
undertaker or sexton, or person performing the burial, or
removing the body. This certificate shall state that the
facts required by chapter twenty-one of the General
Statutes have been returned and recorded ; and no clerk

128

1878. — Chapter 175.

Certificate of
cause of death.

Medical examin-
er.

Penalty.

To take eflfect
May 1, 1878.

Chap.

Special commis-
sioners for alter-
ations in rail-
road crossings
to be appointed
by superior
court.

One special com-
missioner to be
one of the rail-
road commis-
BionerH.

or local registrar shall give such certificate or burial per-
mit until the certificate of the cause of death has been
obtained from the physician, if any,. in attendance at the
last sickness of the deceased, and placed* in the hands of
said clerk or local registrar : provided., that in those cities
and towns where local boards of health have been estab-
lished, the certificate of the cause of death shall be ap-
proved by such board before a permit to bury is given by
the registrar or clerk. Upon application, the chairman of
the local board of health or any physician employed by
any city or town for such purpose, shall sign the certifi-
cate of the cause of death to the best of his knowledge
and belief, if there has been no physician in attendance.
He shall also sign such certificate, upon application, in case
of death by dangerous contagious disease, or in any other
event when the certificate of the attending physician can-
not for good and sufficient reasons be early enough
obtained. In case of death by violence, the medical
examiner attending shall furnish the requisite medical cer-
tificate. Any person violating the provisions of this sec-
tion shall be punished by a fine not exceeding twenty-five
dollars.

Section 2. This act shall take effect on the first day
of May in the year eighteen hundred and seventy-eight \.
and all acts and parts of acts inconsistent herewith are
hereby repealed. Approved April 23, 1878.

175 An Act concerning the appointment of special commis-
sioners FOR alterations IN RAILROAD CROSSINGS.

Be it enacted., &c. ,. as follows :

Section 1. The special commissioners, provided for in
section ninety-eight of chapter three hundred and seventy-
two of the acts of eighteen hundred and seventy-four,
shall be appointed by the superior court at any term
thereof holden for civil business in the county in which
the railroad crossing is situated, upon the application
either of the county commissioners, the mayor and alder-
men, the selectmen, or the directors of the railroad com-
pany, after notice to and hearing the parties ; which notice
may be made according to the order of any judge of said
court made in term time or vacation, upon application of
any party interested, but which shall be served at least
fourteen days before the first day of the term of hearing ;
and one of the special commissioners to be so appointed
shall be a member of and designated by the board of rail-
road commissioners. The special commissioners shall

1878. — Chapter 176. 129

meet as soon as may be after they receive their appoint-
ment, and after notice to and hearing tlie parties, shall Award to be in

,,. ,. ... T " .^ ■*■ .. . ^ writing.

make their award m writmg, and return the same into said
court.

Section 2. Any party affected by said award may ^y^a^^rd^^^may
within fourteen days after the same shall have been apply for a jury.
returned into court as aforesaid, apply to said court for a
jury to revise and determine any matter of fact or issue
relating to the determination and award of said special
commissioners as to the party by whom the charges and
expenses occasioned by making such alterations and all
future charges for keeping in repair such crossing and the
approaches thereto, as well as all costs of the application
to the county commissioners, or of the hearing before said
special commissioners, shall .be borne or as to the appor-
tionment of all or any of such charges between the rail-
road corporation and the town, city or county in which
said crossing is situated, and thereupon said court shall
order a trial by jury to be had at the bar of said court,
after due notice to all parties interested in the matter of
said award, in the same manner in which civil causes are
tried by iury. The decree of the said court upon said Decree of court

J J J T J f • 1 ■ ^ r orverdictofjury

award or upon the verdict ot a jury as herein ueiore pro- to be binding.
vided shall be final and binding, and said court shall
have jurisdiction in equity to compel compliance there-
with. Said court may also issue and enforce such inter-
locutory decrees and orders as justice may require.

Section 3. Sections ninety-nine and one hundred of Repeal of is74,
chapter three hundred and seventy-two of the acts of is-s, 23i.' isre,
eighteen hundred and seventy-four, chapter two hundred ^^^■
and thirty-one of the acts of eighteen hundred and
seventy-five, chapter two hundred and twelve of the acts
of eighteen hundred and seventy-six, and all acts and
parts of acts inconsistent with this act, are hereby re-
pealed ; but this act shall not affect cases now pending in
court.

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

Approved A])ril 23, 187 S.

An Act relating to the disposition of certain funds in Chap. 1 76

THE TREASURY OF THE CITY OF BOSTON.

Be it enacted, &c., as folloivs :

Section 1. The city of Boston is authorized to pa}- to May pay fees

the persons authorized to collect taxes, betterments, rates conectioif of cer-

and assessments in said city, prior to the first day of Sep- tain taxes, &c.
tember in the year eighteen hundred and seventy-five,

130

1878. — Chapter 177.

Repeal.
1875, 176.

such amount of the fees, charges and commissions thereon
allowed by law as had accrued or were earned but were
unpaid prior to said first day of September, and have since
actually been paid into the treasury of said city between
said date and the date of the passage of this act.

Section 2. So much of chapter one hundred seventy-
six of the acts of the year eighteen hundred seventy-five
as is inconsistent herewith is hereby repealed.

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

Ajwoved April 23, 1878.

Harbor lines es-
tablished.
1873, 263.

Chap. 177 -A^N Act in amendment of an act to establish harbor lines

ON CHARLES RIVER.

Be it enacted, tfcc, as follows :

Section 1. Chapter two hundred and sixty-three of
the acts of the year eighteen hundred and seventy-three is
amended, and the line on the northerly side of Charles
River is hereby established to begin at a point on the
southerly side of West-Boston Bridge where the present
harbor line intersects said side of said bridge and runs
south-westerly in a straight line to a point on the former
northern shore of said river, said point being distant four-
teen hundred and sixty-five feet easterly from a point on
the easterly side of Brookline Bridge which is one hun-
dred and ten feet southerly from the present solid abut-
ment of said bridge on the northerly side of said river,
and said point on the former northern shore being distant
seven hundred feet northerly from the present harbor line
on the southerly side of said river measuring at right
angles therefrom, and thence running westerly to the
point on the easterly side of said bridge distant one hun-
dred and ten feet southerly from said abutment.

The third section of said chapter two hundred and sixty-
three is hereby repealed.

Section 2. The lands and flats lying northerly of the
line hereby established and between the said point on the
former northern shore and the Grand Junction Railroad,
the same having been marsh above high water mark and
heretofore excavated by the owners thereof, may at any
time hereafter be filled without compensation being made
for the displacement of tide water.

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

Approved Ap)ril 23, 1878.

Repeal.

Flats may be
filled.

be taken be-
tween sunset
sunrise.

1878. — Chapters 178, 179, 180. 131

An Act to confirm certain acts of the town of tyringham. Chap. 178
Be it enacted^ tfcc, as follows :

Section 1. All acts done by the town of Tyringham Acts done at
at its annual meeting held the first day of April in the confirmed* '°^
year eighteen hundred and seveiitj^-eight, shall have the
same force and effect as if the warrant calling said meet-
ing had been properly served and returned.

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

Ai^proved April 24^ 1878.

An Act for the better protection of the oyster fisher- Chap. 119

lES IN THIS commonwealth.

Be it enacted, &c., as follows :

Section 1. No person shall dig, take or carry away oysters not to
any oysters by any method whatever, from any flats or
creeks, for which a license has been granted under the ^^d.
provisions of section sixteen of chapter eighty-three of
the General Statutes, between sunset and sunrise. Any
person holding a license under the provisions of said sec-
tion who shall violate the foregoing provisions, shall upon Penalty.
conviction thereof, in addition to the penalties hereinafter
provided, forfeit his license together with the oysters
remaining on the premises licensed, to the town or city
granting the same.

Section 2. Any person who shall violate any of the Taking oysters
provisions of this act, and any person who digs or takes MoV°pun^sh™bfe
any oysters from any flats or creeks described in any pHsoumen't."^"
license granted under the provisions of section sixteen of
chapter eighty-three of the General Statutes, during the
continuance of such license, without the consent of the
person so licensed, shall be punished by a fine not more
than one hundred dollars, or imprisonment in the house of
correction not less than thirty days nor more than six
months, or b}^ both said fine and imprisonment. One half
of said fine shall be paid to the complainant and the other
to the county within whose jurisdiction the offence was
committed.

Section 3. This act shall take effect on the first day to take effect
of June next. Ajyproved April 24, 1878.

Chap. 1«0

An Act in relation to railroad police.
Be it enacted, &c., as follows:

Section 1. Section one hundred and forty-nine of Loitering at raii-
chapter three hundred and seventy-two of the acts of i874, 372, § 149.
the year eighteen hundred and seventy-four, is hereby

132

1878. — Chapters 181, 182.

by-lawB.

amended by inserting before the word " officer," where it
occurs in said section, the word "police."

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

Approved April 24, 1878.

Chap. ISI An Act relating to arrests in certain cases.

Be it enacted, &c., asfoUoivs:

Arrest without Whocvei remains upon a street or sidewalk, or else-
warrant for vio- , . . -i- . .,^ , . , . J ,.
lation of certain wuerc, lu any City or town m wiliul violation oi an ordi-
nance or by-law, and whoever, upon any street, sidewalk,
or in any other public place, accosts or addresses any other
person with profane or obscene language in wilful \dola-
tion of an ordinance or by-law, may be arrested without a
warrant by any officer authorized to serve criminal process
in the place where the offence is committed, if unknown
to the officer making such arrest, and may be kept in cus-
tody until he can be taken before a court ha\dng jurisdic-
tion to punish such offence. App)roved Ajiril 24, 1878.

An Act apportioning taxes on real estate, when divided
before the payment of the taxes or sale of the real
estate.

Be it enacted, &c., as follows :

Section 1. Whenever the assessors of any city or
town in this Commonwealth have assessed a tax upon real
estate, and such real estate has been subsequently divided
by sale, mortgage or otherwise, by the owner or owners
thereof or upon a petition for partition, and record of such
division has been made in the registry of deeds for the
county in which such real estate is situated, it shall be the
duty of the assessors at any time before said real estate
has been sold for non-payment of taxes, upon the written
request of the owner or mortgagee of any portion thereof,
to apportion said tax and the costs and interest accrued
thereon, upon the several parcels into which said real
estate has been divided in proportion to the value of each
parcel thereof, and only the portion of said tax, interest
and costs, so apportioned upon any such parcel, shall
thereafter continue to be a lien upon it, and no one of
such owners or mortgagees shall thereafter be liable for
the tax so apportioned upon any parcel not owned in
whole or in part by him at the time of such apportion-
ment.

Section 2. Notice of the request and of the time
appointed for such apportionment shall be sent by mail
by the assessors to all persons interested in said real estate
whose addresses are known to them.

Chap. 182

Real estate
divided after
taxation, may
have tax appor-
tioned upon the
several parcels
thereof.

Parties interest-
ed to be notified.

1878. — Chapter 183.

133

Section 3. Any person aggrieved by any action of the Right of appeal,
assessors under this act, may within seven days thereafter
appeal to the board to which appeal may be made in case
of an over assessment, and the action of said board upon
such appeal shall be final.

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

Approved April 24, 1878.

An Act relative to the pollution of rivers, streams and Chap. 183

PONDS used as sources OF WATER SUPPLY.

as folloivs :

No person or persons, or corporation public sources of wa.

, ,r , ^. ' ^ 4. if T ter supply not to

shall discharge directly, or cause to be dis- be polluted.

Be it enacted, &c

Section 1.
or private,

charged directly, human excrement into any pond in this
Commonwealth used as a source of water supply by any
city or town therein, or upon whose banks any filter basin
so used is situated, or into any river or stream so used or
upon whose bank such filter basin is situated within
twenty miles above the point where such supply is taken,
or into any feeders of such pond, river or stream within
such twenty miles.

Section 2. No person or persons, or corporation public sewage not to
or private, shall discharge or cause to be discharged into into ponds.
any pond in this Commonwealth used as a source of water
supply by any city or town therein, or upon whose banks
any filter basin so used is situated, or into any river or
stream so used or upon whose banks such filter basin is
situated, within twenty miles above the point where such
supply is taken, or into any feeders of such pond, river or
stream within such twenty miles, any sewage, drainage,
refuse or polluting matter of such quality and amount
as either by itself, or in connection with other matter
shall corrupt or impair the quality of the water for
domestic use, or render it deleterious to health.

Section 3. The prohibitions contained in the two
previous sections shall not be construed to destroy or paired.
impair rights already acquired by legislative grants, or to
destroy or impair prescriptive rights of drainage or dis-
charge, to the extent to which they lawfully exist at the
date of the passage of this act; and nothing in this act
contained shall be construed to authorize the pollution of
any waters in this Commonwealth, in any manner now
contraiy to law.

This act shall not be applicable to the INIerrimac or
Connecticut Rivers, nor to so much of the Concord River
as lies within the limits of the city of Lowell.

Existing rights
not to be im-

134

1878. — Chapter 183.

Sources of wa-
ter supply to be
under supervis-
ion of state
board of health.

Orders of board
may be enforced
by supreme ju-
dicial court.

Orders to be
served upon
parties.

Right of appeal
to a jury.

Section 4. The state board of health shall have the
general supervision of all rivers, streams and ponds in this
Commonwealth which are or shall be used by any city or
town as sources of water supply, with reference to their
purity, together with the waters feeding the same, except
the Merrimac, Connecticut and Concord Rivers. It shall
be the duty of said board to examine the same from time to
time and to inquire what pollutions exist and their causes.
Whenever a violation of any of the provisions of this
act is committed the said board may, if in its judgment
the public health shall require, order any person or persons,
or corporation public or private, to cease and desist from
such violation and to remedy the pollution or to cleanse or
purify the polluting substances in such a manner and to
such a degree that they shall be no longer deleterious to
the public health before being cast or allowed to flow into
the waters thereby polluted : provided, that before making
such order the said board shall assign a time and place for
hearing the party or parties to be affected, and shall give
him or them an opportunity of being heard thereon, and
the orders herein before provided shall be issued only
after such notice and hearing; and provided, also, that
upon the application of any city or town to said board
alleging the violation of any of the provisions of this act,
and the pollution of its water supply thereby, it shall be
the duty of said board to grant a hearing upon due noti-
fication of the party or parties to be affected as aforesaid,
and upon proof of such violation to issue the order or
orders already mentioned in this section.

Section 5. The supreme judicial court or any one of
its justices in term time or vacation shall have power to
issue an injunction to enforce the orders of the said board
of health.

Section 6. The orders of the said board of health
shall be served upon the party or parties found to have
violated any of the provisions of this act, and such party
or parties if aggrieved thereb}^ shall have the right of
appeal to a jury, and be subject to the provisions of law
contained in the fifty-sixth and fifty-eighth sections of
chapter twenty-six of the General Statutes, and chapter
two hundred and sixty-three of the laws of eighteen
hundred and sixty-five. During the pendency of the
appeal the pollution against which the order has issued
shall not be continued contrary to the order of the said
board.

1878. — Chapters 184, 185.

135

Privilege of
entering main
drain to be paid
for, as mayor
and aldermen or
selectmen may
order.

Section 7. This act shall take effect upon the first to take effect
day of July in tlie year eighteen hundred and seventy- "^ '
eight. Ap2)roved April 26, 1878.

An Act to amend chapter one hundred and eleven of Chap. 184

THE ACTS OF THE TEAR EIGHTEEN HUNDRED AND SIXTY-NINE,
RELATING TO SEWERS AND DRAINS.

Be it enacted, &c. , as foUoivs :

Section 1. The mayor and aldermen of any city, ex-
cept the city of Boston, or the inhabitants of any town, in
which main drains or common sewers are hereafter laid
and constructed under the provisions of chapter one hun-
dred and eleven of the acts of the year eighteen hundred
and sixty-nine, may by vote determine, that, instead of
paying an assessment under section four of chapter forty-
eight of the General Statutes, every person who enters his
particular drain into such main drains or common sewers,
or uses the same in any way, shall pay for the permanent
privilege to his estate such reasonable sum as the mayor
and aldermen of said city, or the selectmen of said town
shall determine.

Section 2. Any person aggrieved by any determina-
tion of the mayor and aldermen, or the selectmen,*made
under the last provision of the foregoing section, may at
any time within six months after the same is made known
to him, apply to the county commissioners for a revision
thereof. If after due hearing the county commissioners
reduce the amount to be paid for said privilege, he shall
have the benefit of such reduction, and the city or town
shall pay the costs of the application and hearing ; other-
wise said costs shall be paid by the applicant.

Section 3. All sums due under section one of this act
shall constitute a lien upon the real estate using such main
drains or common sewers, and benefited thereby for the
same length of time, and may be collected in the same
manner as taxes upon real estate, or they may be sued for
in an action of contract in the name of the city or town.

Approved April 26, 1878.

An Act to authorize the collection of interest on dis-
trict TAXES.
Be it enacted, &c., as follows :

Section 1. The legal voters of any fire, water supply,
improvement or school district, organized under the laws
of this Commonwealth, may, at the meeting when money
is appropriated or raised, fix a time within which all taxes

Parties aggriev-
ed may apply
for a jury.

Sums due to
constitute a lien
upon the estate.

Chap. 185

Districts may
vote that inter-
est shall be
added to unpaid
taxes.

136

1878. — Chapters 186, 187.

Vote to be certi-
fied to the asses-
sors of the town.

assessed therein shall be paid, and may vote that on all
taxes remaining unpaid after a certain time interest shall
be paid at a specified rate, not exceeding one per centum
per month, and may also vote that on all taxes remaining
unpaid after another certain time interest shall be paid at
another specified rate, not exceeding one per centum per
month ; and the interest accruing under such vote or votes
shall be added to and be a part of such taxes.

SscTioisr 2. The clerk of the district shall certify such
vote or votes to the assessors of the town in which said
district is situated, together with all sums of money voted
to be raised by the district, which shall be assessed and
collected by the officers of the town in the same manner
that the town taxes are assessed and collected, and be paid
over to the treasurer who shall hold the same subject to
the order of the prudential committee or treasurer of the
district.

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

Approved April 26, 187S.

Chap. 186 An Act in relation to embezzlement bt town, city and

COUNTY OFFICERS.

Be it enacted, &c., as folloivs:

The provisions of section forty-two of chapter one hun-
dred and sixty-one of the General Statutes in relation to
embezzlement shall apply to indictments for embezzlement
by town, city or county officers under section thirty-seven
of the same chapter. Apjoroved April 26, 1878.

Chap. 187 ^^ -^^'^ RELATING TO STATE CONTRACTS AND EXPENDITURES.

Be it enacted, &c., as follows:

Section 1. All boards, commissions or public ofiicers
authorized to make contracts affecting the interests of the
Commonwealth, under which moneys may be payable from
the treasuiy thereof, shall be required to file certified cop-
ies of the same with the auditor of accounts.

Section 2. Whenever expenditures of money are
made in excess of appropriations the officials having
charge of such expenditures, respectively, shall report to
the auditor of accounts the details of the same with the
reasons therefor, on or before the fifteenth day of Jan-
uary of each year, and the auditor shall make a special
report of the same to the legislature early in the session.
Nothing in this section shall be construed to set aside the
provisions of section forty-one of chapter fifteen of the
General Statutes limiting expenditures to appropriations.

Embezzlement
by town, city
and county offi
cers.

Copies of con-
tracts affecting
the interests of
the Common-
wealth, to be
liled with the
auditor.

Expenditures of
money in excess
of appropri-
ations.

1878. — Chapters 188, 189.

137

Condition of
recognizances.

Bond upon an
appeal may be
executed by
attorney of ap-
pellant.

Repeal of G. 8.
116, § 27.

Amendment to
1874, 306, § 4.

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

Ajjproved April 26, 1878.

An Act relating to recognizances and bonds in munici- Chap. 188

PAL and district COURTS.

Be it enacted, &c., as follows:

Section 1. Section thirty-nine of chapter one hun-
dred and seventy of the General Statutes shall apply to
recognizances binding a party to appear before any muni-
cipal or district court in this Commonwealth.

Section 2. When a bond is required to be given upon
an appeal from the judgment of a municipal court the
attorney of record of the appellant may execute the bond
in his behalf.

Section 3. Section twenty-seven of chapter one hun-
dred and sixteen of the General Statutes is hereby repealed.

Section 4. Section four of chapter three hundred and
six of the acts of the year eighteen hundred and seventy-
four is hereby amended by inserting after the words " on
a warrant or without one," the words " or in the custody
of an officer under a mittimus."

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

Approved April 26, 1878.

An Act relating to the assessment and collection of Chan. 189

TAXES UPON PERSONAL PROPERTY HELD IN TRUST.

Be it enacted, &c., as follows:

Section 1. Whenever personal property belonging to separate tax-
two or more persons under guardianship, or personal prop- g"°"^ p?operty
erty held in trust by an executor, administrator or trustee, [^'^''^i" trust for

-' . /. 1 • 1 • 1 T J i benefit of two or

the mcome oi which is payable to two or more persons, or more persons.
personal property placed in the hands of a corporation or
individual as an accumulating fund for the future benefit
of two or more heirs or other persons, shall be assessed
under section twelve of chapter eleven of the General
Statutes by the assessors of any city or town in whole or
in part, they shall, upon being requested in writing within
the time specified by them for the bringing in of lists
under section twenty-two of said chapter, and being there-
in informed of the names, domiciles and proportionate
shares of such wards, cestuis que trust, heirs or other per-
sons, make separate assessments in such manner as to dis-
tinguish how much of such personal property is assessed
in respect to each. Should any of said several assessments
be illegally made, an action at law shall lie to recover back

138

1878. — Chapter 190.

Taxation of per-
gonal property
held by execu-
tor or adminis-
trator.

Amount last
assessed to be
deemed the sum
assessable un-
less list is
brought in.

Collection of tax
upon personal
property, held as
an accumulating
fund for future
benefit of heirs,
&c.

Chap. 190

Legal settle-
ments.

the taxes paid thereon, in the same manner as in other
cases of illegal assessment.

Section 2. Personal property held by an executor or
administrator shall be taxable according to the provis-
ions of the seventh clause of section twelve of chapter
eleven of the General Statutes for the space of three years
after the appointment of such executor or administrator,
unless the same has been distributed and notice of such
distribution has been given to the assessor stating the
name, residence and amount paid to the several parties
interested in the estate who are residents of the Common-
wealth. After three years from the date of such appoint-
ment such property shall be assessed according to the
provisions of the fifth clause of section twelve of said
chapter eleven, whether the same has been distributed or
not.

Section 3. After personal propert}^ shall have been
legally assessed in any city or town to an executor, admin-
istrator or trustee, an amount not less than that last as-
sessed by the assessors of such city or town in respect of
such property, shall be deemed to be the sum assessable
unless a true list of such property is brought in to the
assessors in accordance with the provisions of section
twenty-two of chapter eleven of the General Statutes.

Section 4. Whenever personal property placed in the
hands of a corporation or an individual as an accumulat-
ing fund for the future benefit of heirs or other persons
has been duly assessed to such heirs or persons according
to the provisions of the General Statutes, chapter eleven,
section twelve, clause six, and the persons so taxed neg-
lect to pay the tax for one year after it has been committed
to the collector, the collector may, in his own name, main-
tain an action of contract therefor against said trustee, in
like manner as for his own debt ; and the amount thereof
paid by said trustee may be allowed in his account as said
trustee.

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

Approved April 26, 1878.

An Act concerning the settlement of paupers.
Be it enacted, &c. , as foUoivs :

Section 1. Legal settlements may be acquired in any
city or town, so as to oblige such place to relieve and sup-
port the persons acquiring the same, in case they are poor,
and stand in need of relief, in the manner following, and
not otherwise, namely : —

1878. — Chapter 190. 139

First. A married woman shall follow and have the Married woman,
settlement of her husband, if he has any within the state ;
otherwise her own at the time of the marriage, if she then
had any, shall not be lost or suspended by the marriage.

Second. Legitimate children shall follow and have the Legitimate
settlement of their father, if he has any within the state,
until they gain a settlement of their own ; but if he has
none, they shall in like manner follow and have the settle-
ment of their mother, if she has any.

Third. Illegitimate children shall follow and have the illegitimate
settlement of their mother at the time of their birth, if she
then has any within the state ; but neither legitimate nor
illegitimate children shall gain a settlement by birth in
the place where they may be born, if neitlier of their
parents then has a settlement therein.

Fourth. Any person of the age of twenty-one years, person of twen-
having an estate of inheritance or freehold in any place La'^ngan^eJfaie,
within the state, and living on the same three years sue- ^c.
cessively, shall thereby gain a settlement in such place.

Fifth. Any person of the age of twenty-one years, who ^*'.on°eVeir^™'
resides in any place within this state for five years together, resident for 'five

1* 11 • 11 1 years, Stc.

and pays all state, county, cit}^ or town taxes, duly assessed
on his poll or estate, for any three years within that time,
shall thereby gain a settlement in such place.

/Sixth. Any woman of the age of twenty-one years, who woman of twen-
resides in any place within this state for five years together, resident^forfive
without receiving relief as a pauper, shall thereby gain a ^^^^^' ^'''
settlement in such place.

Seventh. Any person being chosen, and actually serv- certain town
ing one whole year in the office of clerk, treasurer, select-
man, overseer of the poor, assessor, constable, or collector
of taxes, in any place, shall thereby gain a settlement
therein. For this pui'pose, a year shall be considered as
including the time between the choice of such officers at
one annual meeting and the choice at the next annual
meeting, whether more or less than a calendar 3'ear.

Eighth. Every settled ordained minister of the gospel settled ordained
shall be deemed to have acquired a legal settlement in the ™"^** ^^'
place wherein he is or may be settled as a minister.

Niiith. A minor who serves an apprenticeship to a Four years'
lawful trade for the space of four years in any place, and dunng minority
actually sets up such trade therein within one year after the tr°ade wuhfn"o^ne
expiration of said term, being then twenty-one years old, year after.
and continues there to carry on the same for five years,
shall thereby gain a settlement in such place ; but being
hired as a journeyman shall not be considered as setting
up a trade.

140

1878. — Chapter 190.

Soldiers and
sailors in the
late war.

Division of
cities and towns.

Tenth. Any person who shall have been duly enlisted
and mustered into the military or naval service of the
United States, as a part of the quota of any city or town
in this Commonwealth, under any call of the President of
the United States during the late civil war, or duly
assigned as a part of the quota thereof, after having been
enlisted and mustered into said service, and shall have
duly served for not less than one year, or shall have died,
or become disabled from wounds or disease received or
contracted while engaged in such service, or while a pris-
oner in the hands of the enemy, and the wife or widow
and minor children of such person, shall be deemed there-
by to have acquired a settlement in such place ; and any
person who would otherwise be entitled to a settlement
under this clause, but who was not a part of the quota of
any city or town, shall, if he served as a part of the quota
of this Commonwealth, be deemed to have acquired a set-
tlement in the place where he actually resided at the time
of his enlistment. But these provisions shall not apply to
any person who shall have enlisted and received a bounty
for such enlistment in more than one place, unless the
second enlistment was made after an honorable discTiarge
from the first term of service, nor to any person who shall
have been proved guilty of wilful desertion, or to have left
the service otherwise than by reason of disability or an
honorable discharge.

Eleventh. Upon the division of a city or town, every
person having a legal settlement therein, but being absent
at the time of such division, and not having acquired a
legal settlement elsewhere, shall have his legal settlement
in that place wherein his last dwelling-place or home hap-
pens to fall upon such division ; and when a new city or
town is incorporated, composed of a part of one or more
incorporated 23laces, every person legally settled in the
places of which such new city or town is so composed, and
who actually dwells and has his home within the bounds
of such new city or town at the time of its incorporation,
and any person duly qualified as provided in the tenth
clause of this section, who, at the time of his enlistment,
dwelt and had his home within such bounds, shall thereby
acquire a legal settlement in such new place : jyrovided^
that no persons residing in that part of a place, which, upon
such division, shall be incorporated into a new city or
town, having then no legal settlement therein, shall acquire
any by force of such incorporation only ; nor shall such
incorporation prevent his acquiring a settlement therein

1878. — Chapter 190.

witliin the time and by the means by which he would have
gained it there if no such division had been made.

Section 2. No person who has begun to acquire a
settlement by the laws in force at and before the time
when this act takes effect, in any of the ways in which any
time is prescribed for a residence, or for the continuance
or succession of any other act, shall be prevented or delayed
by the provisions of this act ; but he shall acquire a settle-
ment by a continuance or succession of the same residence
or other act, in the same time and manner as if the former
laws had continued in force.

Section 3. Except as hereinafter provided, every legal
settlement shall continue till it is lost or defeated by acquir-
ing a new one within this state ; and upon acquiring such
new settlement all former settlements shall be defeated
and lost.

Section 4. All settlements acquired by virtue of any
provision of law in force prior to the eleventh day of
February in the year one thousand seven hundred and
ninety-four, are hereby defeated and lost : provided^ this
shall not apply where the existence of such settlement
prevented a subsequent acquisition of settlement in the
same place under the provisions of clauses fourth, fifth,
sixth, seventh, eighth, ninth, tenth and eleventh of the
first section of this act, or under the same provisions in
other statutes existing prior to the passage of this act ;
and|)?*oiu't?e(?,/Mr^Aer, that, whenever a settlement acquired
by marriage has been thus defeated, the former settlement
of the wife, if not defeated by the same provision, shall be
deemed to have been thereby revived.

Section 5. Chapter sixty-nine of the General Statutes,
chapter two hundred and eighty-eight of the acts of the
year one thousand eight hundred and sixty-six, section one
of chapter three hundred and twenty-eight of the acts of
the year one thousand eight hundred and sixty-eight,
chapter three hundred and ninety-two of the acts of the
year one thousand eight hundred and seventy, chapter
three hundred and seventy-nine of the acts of the year one
thousand eight hundred and seventy-one, chapter two
hundred and eighty of the acts of the year one thousand
eight hundred and seventy-two, and chapter two hundred
and seventy-four of the acts of the year one thousand
eight hundred and seventy-four, are hereby repealed, sav-
ing all acts done, or rights accruing, accrued, or established,
or proceedings, doings, or acts ratified or confirmed, or

Settlement
under continu-
ance of resi-
dence, &c.,
under former
laws.

Old settlement
to continue
until new is
acquired.

Settlements ac-
quired under
laws in force
prior to Feb. 11,
1794.

Repeal.

Rights pre-
served.

142

1878. — Chapters 191, 192.

Judgment
against manager
to be paid out of
the earnings of
the road.

Liability for
damages of oth-
er roads using
the Troy and
Greenfield
Railroad.

suits or procedings had or commenced, before the repeal
takes effect. Approved April 26, 1878.

Chap. 191 Ax Act in relation to the management of the hoosac

TUNNEL AND THE TROY AND GREENFIELD RAILROAD.

Be it enacted, &c., as follows :

Section 1. Whenever judgment is recovered in an
action for damages against the manager of the Troy and
Greenfield Railroad, under or by virtue of the provisions
of chapter seventy-seven of the acts of the year eighteen
hundred and seventy-five, no execution therefor shall be
issued against the person or property of the said manager,
but said judgment shall be paid out of the earnings of the
road, in the hands of the treasurer of said Troy and Green-
field Railroad, appointed under the provisions of said act;
and the manager shall be entitled to retain from the earn-
ings of said road such sums as will be sufficient to pay and
satisfy such judgment.

Section 2. Any railroad corporation entering upon
and using the Troy and Greenfield Railroad, with its own
motive power, under the provisions of chapter seventy-
seven of the acts of the year eighteen hundred and seventy-
five, shall be liable for all damages recoverable by law,
sustained by any person or persons on account of the neg-
ligence of such corporation, to the same extent as if said
railroad was the property of such corporation ; and such
corporation shall be liable to the Commonwealth for all in-
jury to said railroad caused by reason of any negligence
of such corporation in its use of said railroad, to be
recovered in an action of tort.

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

Approved April 26, 1878.

An Act relative to the rebuilding and improvement of

stables in the city of boston.
Be it enacted, &c., asfolloios:

Section 1. Any stable now or hereafter legally exist-
ing in the city of Boston may, with the consent of the
mayor and aldermen of said city, be rebuilt, enlarged and
improved, in accordance with the provisions of chapter
two hundred and eighty of the acts of the year eighteen
hundred and seventy-one and the several acts in amend-
ment thereof regulating the construction of buildings in
said city.

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

Approved April 26, 1878.

Chap. 192

Stables in the
city of Boston.

1878. — Chapter 193.

143

Fire district in
the town of Let

An Act to establish a fire district in thf town of lee, Chap. 193

AND FOR THE DISSOLUTION OF THE EXISTING FIRE DISTRICT.

Be it enacted, t&c, as folloivs :

Section 1. All the territory within said town com-
prised within the following limits, that is to say : Begin-
ning at the junction of the highways near the residence of
John Verran, thence northerly in the line of the highway,
passing said Verran's house to a stake and stones just
northerly of the dwelling-house of H. Morrison; thence
westerly in a straight line to junction of highways near
the dwelling-house of Connor Shay; thence southerly in a
straight line towards the junction of highways near the
residence of the late A. M. Howk, until the line intersects
the Hopland line, so called; thence on said Hopland
line to place of beginning; and the inhabitants residing
within the above described limits, and their respective
estates within said limits, together with all non-resident
estates, and all property included within said limits, shall
be and constitute the Lee fire district, and is hereby in-
vested with all the powers and privileges, and subject to
all the duties, liabilities and requirements of fire districts,
under the existing laws of this Commonwealth : provided^
that no person not now a resident within the limits of the
present fire district shall be liable to taxation for the pay-
ment of any debt or liability incurred by the same ; but
the existing fire district shall be and remain liable to taxa-
tion for the payment of all its present indebtedness and
liabilities, notwithstanding the passage of this act. Upon
the acceptance of this act as hereinafter provided, the
present existing fire district shall, by such person as it may
designate, convey all its real estate and personal property
to the fire district contemplated in this act.

Section 2. Except for the purposes expressly pro-
vided for in the preceding section, the existing fire district
in said Lee is hereby dissolved.

Section 3. This act shall take effect upon its accept-
ance by a majority of the legal voters residing within the majority vote.
limits of the district proposed in the first section of this
act, present and voting thereon, in connection with the
existing fire district, at a legal meeting to be called on or
before the first day of November next, at some suitable
place within the limits of the present fire district, which
meeting shall be called by the existing fire district, in the
usual manner of calling legal meetings thereof, and by
delivering a copy of the warrant calling said meeting,
attested by the clerk of said district, to each legal voter

Present fire dis-
trict dissolved.

Subject to ac-
ceptance by

144

1878. — Chapters 194, 195, 196, 197.

Chap. 194

Penalty for
injuring dike.

known to be a resident within the limits of said proposed
fire district, and not resident in the present fire district, or
by leaving the same at his usual place of abode within said
proposed district, seven days at least before the day of said
meeting. Approved April 26, 1878.

An Act for the protection of the dike across east harbor

creek in truro.
Be it enacted, &c., as folloios :

Section 1. Any unauthorized person who shall drive
over or upon the dike across East Harbor Creek in the
town of Truro, any horses, cattle or other animals, or with
any carts or carriages, or shall in any manner injure said
dike, shall for each oifence forfeit and pay to the Common-
wealth a sum not exceeding two hundred dollars nor less
than twenty-five dollars.

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

Approved April 26, 1878.

Chap. 195 An Act authorizing the board of education to make cer-
tain EXPENDITURES IN CONNECTION WITH THE PARIS EXPOSI-
TION.

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

Section 1. A sum not exceeding five hundred dollars
is hereby appropriated, to be expended under the direction
of the board of education, for expenses in connection with
the educational exhibit at the Paris Exposition.

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

Approved April 26, 1878.

An" Act to authorize the land commissioners to convey

certain lands in the city of boston.
Be it enacted, &c., as folloivs:

Section 1. The land commissioners are hereby author-
ized to release the interest of the Commonwealth in the
passage-way running from Huntington avenue to Dart-
mouth street in the city of Boston, to the owner or owners
of the abutting lands, on such terms and conditions as the
governor and council may approve.

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

Approved Ap)ril 26, 1878.

An Act to abate a nuisance in the city of boston, and for

the preservation of the public health in said city.
Be it enacted, &c., as follows:

Section 1. The city council of the city of Boston may
order the owners of the flats and basin and the creek con-

Appropriatlon.
Paris Expo-
sition.

Chap. 196

May convey
lands in Bo; ton.

Chap.ldl

City may order
flats of Prison

1878. — Chapter 197. 145

nected therewith, of Prison Point Bay, so called, situated S.^'*^'*'*^'

in that part of Bo^^ton called Charlesto^Aal and lying north

of the Fitchburg Railroad and the State prison grounds,

west of Canal Street, south of Cambridge Street and

north and east of the boundary line between Boston and

Somerville. to fill up their said fiats, basin and creek with

good earth or other suitable material, to a grade not less

than ten feet above mean low water, in order to secure

the abatement of the existing nuisance therein, and for the

preservation of the public health of said city.

Section 2. Such orders shall be made in writing and ^.rmng,^and*^ '"
served upon such owners or occupants in the manner served upon

.,,. . . f>i • i^ ^ owners.

prescribed m section nnie of chapter twenty-six ot the
General Statutes, for the service of orders of boards of
health.

SECTioisr 3. If any owner of the territory, or of any " °^"".^fj|Vr°
interest in an}'" part thereof, described in the first section der, the city may
of this act, fails to begin to comply with any such order ^l\.y^
within three months after service thereof upon him, or
fails after such beginning to comply diligently with such
order, or at the expiration of one year after the service
thereof has failed to comply fully with such order, the city
of Boston may fill up the said territory, or any part there-
of, with good earth or other suitable material, to a grade
ten feet above mean low water; and all expenses incurred Expenses of mi-

,, , in ,•,, T ,1 1 1 i? ing to be a hen

thereby shall constitute a lien upon the several parcels ot upon the land
said territory and the land made by said filling and all ^"^ buildings,
buildings thereon, which may be assessed by the board of
aldermen of said city of Boston, and with like charges for
cost and interest be enforced and collected by the city
collector of said city ; and said collector may purchase
such land and buildings in behalf of said city, as provided
by law for the collection of taxes upon real estate, and in
case of land sold for taxes.

Section 4. If the owner or owners of any land so Apportionment
assessed for such expenses desire to have the amount of
said assessment apportioned, he or they shall give notice
thereof in writing to the board of aldermen of said city at
any time before a demand is made upon him or them for
the payment thereof, and said board shall thereupon ap-
portion said amount into three equal parts, which appor-
tionment shall be certified to the assessors of said city, and
the said assessors shall add one of said equal parts, with
six per cent, interest thereon, to the annual tax of said
land each year, for the three years next ensuing.

Section 5. If the owner or owners of any parcel of

1878. — Chapter 198.

Parties diasatis-
fled with assess-
ment may apply
lor a jury.

Costs and assess-
ment to be liens
upon estate.

May construct
•ewers.

May lay railway
tracks through
streets.

Filling and
grading.

Chap.

Officer to attend
criminal courts,
and recommend
for probation
such as may be
reformed.

land, the grade of which shall he raised under the third
section of this act, be dissatisfied with the assessment of
the expenses of raising the grade of his or their land, he
or they may, within twelve months after receiving notice of
such assessment, apply for a jury by petition to the supe-
rior court for the county of Suffolk, and have the expenses
assessed in the same manner as betterments for the laying
out of streets and highways in the county of Suffolk may
be assessed.

Section 6. If the jury shall not reduce the amount of
the assessment complained of, the respondent shall recover
costs against the petitioner, which costs shall be a lien
upon the estate and be collected in the same manner as
the assessment, but if the jury shall reduce the amount of
the assessment the petitioner shall recover costs, and all
assessments shall be a lien on the estate for one year after
the final judgment in any suit or proceeding where the
amount or validity of the same is in question, and be col-
lected in the same manner as original assessments.

Section 7. Said city may construct and maintain such
sewers in the territory mentioned in section one of this
act as it shall deem the public health and convenience
require, and shall make suitable provision for the carrying
off of all the surface water naturally flowing into the
territory authorized to be filled by this act, and also for
all water flowing into the same through all creeks or other
natural water courses.

Section 8. The said city of Boston may lay, or permit
to be laid, railway tracks through or across its streets, and
maintain or permit them to be maintained, so long as
necessary for transporting earth and other material to fill
up the territory as herein provided.

Section 9. All filling and gi-ading done under this act
shall be done within three years from the passage thereof.

Section 10. This act shall take effect upon its pas-
sage. Approved April 26, 1878.

198 An Act relative to placing on probation persons accused
OR convicted of crimes and misdemeanors in the county

op SUFFOLK.

Be it enacted., tBc, as follows :

Section 1. The mayor of the city of Boston shall
appoint, annually in the month of May and whenever
a vacancy occurs, either from the police force of said city
or from the citizens at large, a suitable person whose duty
it shall be to attend the sessions of the courts of criminal

1878. — Chapter 198. 147

jurisdiction held within the county of Suffolk, to investi-
gate the cases of persons charged with or convicted of
crimes and misdemeanors, and to recommend to such
courts the placing on probation of such persons as may
reasonably be expected to be reformed without punishment.
If such officer shall be appointed from the citizens at large
his appohitment shall be subject to the confirmation of the
board of aldermen, and he shall receive such compensa-
tion, to be paid from the treasury of the county of Suffolk,
as the city council may determine. Such officer shall be
under the general control of the chief of police of said officer to be
city and be allowed a place in his office. He shall make cwef of pouce.
reports as often at least as once in every three months, to
said chief of police of the duties performed under this act
together with the names of all persons placed on probation,
their residences, and the nature of their offences. In cases
■where it shall be deemed advisable by such officer that
such persons shall be sent beyond the limits of the Com-
monwealth at the expense of said city, the city council
shall have authority to appropriate such sum as may be
necessary therefor, and said sum may be expended by said
officer under the direction of the chief of police, and an
account of said expenditures with the items thereof shall
be rendered in said reports. It shall be the further duty
of such officer so far as the same is practicable, to visit the
offenders placed on probation by the court at his sugges-
tion, and render such assistance and encouragement as will
tend to prevent their again offending. Any person placed
upon probation upon the recommendation of such officer
may be re-arrested by him upon approval of the chief of
police, without further warrant, and again brought before
the court; and the court may thereupon proceed to sen-
tence or make such other disposition of the case as may be
authorized by law. Such officer ma}^ at any time be re-
moved from office by the mayor.

Section 2. JMothing herein contained shall authorize Duties of " vis-
such officer to interfere with any of the duties required of io"ife'^ifi^rfer°d
the visiting agent of the board of state charities under with.
the laws of this Commonwealth relating to juvenile offend-
ers.

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

Approved April 26, 1878.

148

1878. — Chapters 199, 200, 201.

Support of
Insane married
woman living
apart from hus-
band.

Property of hus-
band may be at-
tached.

Chap. 199 An Act concerning the support of married women who

ARE INSANE.

Be it enacted^ &c., as folluivs :

Section 1. Whenever an insane woman is deserted by
her husband, or her husband fails to furnish for her a suit-
able support, or when a wife living apart from her husband
for a justifiable cause becomes insane, the supreme judicial
court sitting in any county or any justice of said court in
vacation, may, by its order on the petition of the guardian
or next friend of such insane woman, make such order
as it deems expedient concerning her support and the
support of her minor children by said husband ; and may
afterwards on the application of either the husband, wife,
guardian or next friend aforesaid, revise or alter such
order or make a new order or decree as circumstances may
require.

Section 2. Upon the petition mentioned in the fore-
going section the propert}^ of the husband may be attached
in the same manner as may now be done upon a wife's
libel for divorce.

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

Approved April 26, 1878.

Chap. 200 An Act limiting the time within which executors or

ADMINISTRATORS MAY BE CITED TO TAKE UPON THEMSELVES
THE PROSECUTION OR DEFENCE OF ACTIONS.

Be it enacted, &c., as follows :

Section 1. No citation named in section seven of
chapter one hundred and twenty-seven of the General
Statutes, shall be issued after the expiration of two years
from the time such executor or administrator shall have
given bond for the discharge of his trust: provided, he
shall have given notice of his appointment as required by
law ; and provided, further, that in all suits now pending
the executor or administrator may be cited as provided in
said section seven at any time within two years from the
passage of this act.

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

Approved April 26, 1878.

Prosecution and
defence of ac-
tions by execu-
tors and admin-
istrators.

Chap. 201

Proof of wills
made in other
states or coun-
tries.

An Act relating to the proof of foreign wills.
Be it enacted, &c., asfolloios:

Section 1. A will made out of this state in notarial
form which is valid* according to the laws of the state or
country in which it was made without probate thereof, may
be proved and allowed in this state in the same manner

1878. — Chapters 202, 203.

149

and with the same effect as is provided as to wills proved
and allowed under sections twent3'-one, twenty-two and
twenty-three of chapter ninety-two of the General Stat-
utes : provided, that instead of the copy of the probate of Proviso.
the will required b}* said section twenty-one, a duly authen-
ticated cop3' of the notarial record of such will and of the
execution thereof shall be produced, and such additional
proof of the authenticity and execution of said will as
the judge of probate may require.

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

Ap2)roved April 26, 1878.

An Act to preserve the eel fisheries in ipswich river Chap. 202

AND ITS tributaries IN THE TOWN OF IPSWICH.

Be it enacted, &c., as folloivs:

Section 1. Whoever takes, catches or destroys any Eeisnottobe
eels m Ipswich River or its tributaries, in the town of Ips- tfy'^gpear'^'oV^''"
wich in the county of Essex, in any other manner than by iiook and ime.
spear, or hook and line, shall forfeit for every eel so taken,
caught or destroyed, 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, Fines and pen-
with costs, may be recovered by complaint or action of
tort in any court of competent jurisdiction.

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

Approved April 29, 1878.

An Act to regulate the sale of intoxicating liquors by Chap. 203

DRUGGISTS AND APOTHECARIES.

Be it enacted, &c., as folloivs :

Section 1. Section seven of chapter ninety-nine of the
acts of the year eighteen hundred and seventy-five is
hereby amended by inserting therein after the provision
for a " Fifth class " of licenses the words, "• Sixth class ; and
licenses may be granted to druggists and apothecaries to
sell liquors of any kind • for medicinal, mechanical and
chemical purposes only, and to such persons only as may
certify in writing for what use they want it, the fee for
which license shall be one dollar only."

Section 2. Every druggist and apothecary licensed
under the provisions of this act shall keep a book, and
enter therein the date of every sale made by him, the per-
son to whom sold, the kind, quantity and price thereof,
and the purpose for which it was sold, substantially in the
following form: —

Licenses to
druggists and
apothecaries.

Book to be kept
containing en-
tries of sales.

150

1879. — Chapters 204, 205.

Form of entry.

Kind and
Quantity.

Purpose of Use.

Concurrent ju-
risdiction with
superior court.

Chap. 204

Commutation

checks.

1871, 381, § 36.

Which book and the certificates provided for in section
one shall at all times be open to the inspection of the
mayor and aldermen, selectmen, overseers of the poor,
sheriffs, constables and justices of the peace in such city
or town.

Section 3. Municipal, district and police courts, and
trial justices, shall have jurisdiction, concurrent with the
superior court, over violations of the provisions of this act.

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

Approved April 30^ 1878.

An Act concerning street railway corporations.
Be it enacted., &c., as follows:

Section 1. Section thirty-six of chapter three hun-
dred and eighty-one of the acts of the year eighteen hun-
dred and seventy-one, shall not be construed to require any
corporation to issue to, or any other corporation to receive
from, any passenger a transfer check for a passage upon a
car run over the same route with that on which such check
was issued, or over a route parallel thereto and between or
including two common points.

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

Approved May 1, 1878.

Chap. 205 A.N Act relative to tender and offer of judgment in

LAND DAMAGE AND LIEN CASES.

Be it enacted., &c., asfolloios:

Section 1. Any person or corporation against whom
damages are claimed for taking or injuring land by author-
ity of law, or upon whose property a lien is claimed, may
make a tender or an offer of judgment in any proceedings
relative thereto, in like manner and with like effect, as in
matters of contract: provided, that where an assessment
of damages is required before applying for a jury, no tender
or offer of judgment shall be made until after such assess-
ment, nor of less amount; and provided, that nothing
herein contained shall apply to tender in cases under chap-
ter one hundred and forty-nine of the General Statutes
and acts in addition thereto.

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

Approved May 1, 1878.

Tender and offer
of judgment in
land damage
and lien cases.

Proviso.

1878. — Chapters 206, 207.

151

An Act to amend section five of chapter eleven of the Chap. 206

GENERAL STATUTES RELATIVE TO PROPERTY AND PERSONS
EXEMPTED FROM TAXATION.

Be it enacted., t&c, as follows:

Section 1. The tenth paragraph of section five of
chapter eleven of the General Statutes is amended to read
as follows : Tenth. The property to the amount of five
hundred dollars of a widow or unmarried female above the
age of twenty-one years, of any person above the age of
seventy -five years, and of any minor whose father is de-
ceased : provided., that the whole estate real and personal
of said persons does not exceed in value the sum of one
thousand dollars, exclusive of propert}^ otherwise ex-
empted under the provisions of this section.

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

Approved May 1, 1878.

Amendment to
O. S.,ll,§5.

Property of wid-
ow, unmaiTied
female and
minor, and per-
son above age of
seventy-five
years.

An Act in relation to the transportation of intoxicating

LIQUORS IN violation OF LAW.

Be it enacted, &c., as follows:

Section 1. No person shall bring hito any town or city
in which licenses are not granted any spirituous or intoxi-
cating liquors, with intent to sell the same himself, or to
have the same sold by another, or having reasonable cause
to believe that the same is intended to be sold in violation
of law ; and any liquor transported contrary to the provis-
ions of this act shall be forfeited to the Commonwealth :
provided, however, that this act shall not apply to the trans-
portation of spirituous liquor through a town to places
beyond.

Section 2. Whoever wilfully violates any of the pro-
visions of this act shall be punished in the manner pro-
vided by law for the punishment of persons illegally sell-
ing spirituous or intoxicating liquor.

Section 3. The proceedings for the forfeiture of liquors
seized under the provisions of this act shall be the same as
for the forfeiture of liquors seized under the provisions of
chapter one hundred and sixty-two of the acts of the year
one thousand eight hundred and seventy-six ; and section
fourteen of said chapter one hundred and sixty-two is
amended by inserting after the word " selling," the words
'• transporting, distributing."

Section 4. Municipal, district and police courts, and
trial justices, shall have jurisdiction concurrent with the
superior court over violations of this act.

Chap. 207

Intoxicating liq-
uors for sale, not
to be brought
into places
where licenses
are not granted.

Proviso.

Penalty.

Proceedings for
forfeiture of liq-
uors.

Concurrent ju-
risdiction with
superior court.

152

1878. — Chapters 208, 209.

Lien upon
horses and
other domestic
imimals for
keeping or
pasturing.

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

Approved May 1, 1878.

Chap. 208 An Act creating a lien upon horses and other domestic

ANIMALS FOR THE EXPENSES OF THEIR CARE AND KEEPING.

Be it enacted, &c., as follows:

Sj-ction 1. All persons having projoer charges due for
pasturing, boarding or keeping horses or other domestic
animals brought to their premises or placed in their care
by or with the consent of the owners thereof, shall have a
lien on such horses or other domestic animals for such
charges, and the lien may be enforced in the manner pro-
vided for the enforcement of other liens 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. Whenever a lien upon live animals is
sought to be enforced, the application b}^ petition referred
to in said section twenty-one may be made at the expira-
tion of ten days after a demand in writing, instead of sixty
days, as therein required, and the notice issued thereon
may be served seven days before the hearing, instead of
fourteen days, as required by the twenty-second section
aforesaid.
Repeal of 1877, SECTION 3. Chapter niucty-six of the acts of the year
^^- eighteen hundred and seventy-seven is hereby repealed ;

but this rejDeal shall not affect rights accrued, or proceed-
ings commenced under said act.

Approved May 1, 1878.

Application for
enforcement of
lien.

Security for
payment of
wasros when

Chap. 209 An Act to insure payment of wages earned and for

MATERIALS USED IN CONSTRUCTING PUBLIC BUILDINGS AND PUB-
LIC WORKS.

Be it enacted, &c., as folloios :

When public buildings or other public works are about to
be built or repaired for this Commonwealth by contract,
pubHc buildings upon wliich liciis might attach for labor or materials if they
contra"cf ^^ belonged to private persons, it shall be the duty of the
officers or agents contracting in behalf of the Commoii-
wealth to provide sufficient security, by bond or otherwise,
for payment by the contractor and all sub contractors for
all labor performed or furnished, and all materials used in
the construction or repair thereof.

Approved May 1, 1878.

1878. — Chapters 210. 211,

153

An Act to authorize the Vermont and Massachusetts rail- Chap. 210

ROAD COMPANY TO SELL THAT PART OF ITS RAILROAD KNOWN
AS THE " BRATTLEBORO BRANCH."

Be it enacted, &c., asfoHotos:

Section 1. The Vermont and Massachusetts Railroad Vermont and
Company is hereby authorized to sell and convey to any Raiiroa/may
other railroad company whose road connects with its road, BrL^/h."'^^"'^''
that portion of its road and real estate which lies between
" Millers Falls " in the town of Erving in this Common-
wealth and Brattleboro in the State of Vermont, and
which is known as the " Brattleboro Branch ; " with the
franchise and corporate rights connected therewith ; and
the Fitchburg Railroad Company is authorized to join in
said conveyance.

Section 2. Any other railroad, whose road connects Any connecting
with the road of the Vermont and Massachusetts Railroad miVchase'the
Company, may purchase and hold the road, real estate, branch,
franchise, and coiporate rights herein authorized to be
sold : provided, that the purchasers of said " Brattleboro Proviso.
Branch " shall afford facilities and accommodations to the
people on the line thereof at the several stations, at least
equal to those at present enjoyed by them, and shall run
at least two passenger trains daily each way between
Brattleboro and Millers Falls to connect with trains on
the Vermont and Massachusetts Railroad.

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

Approved May 1, 1878.

An Act to discontinue a common landing place in the Chap.2W

CITY OF LYNN.

Be it enacted, &c. , as follows :

Section 1. A certain common landing place situate Landing place
between Broad Street and the harbor, in the city of Lynn, unuld"
is hereby discontinued, and said city is hereby authorized
to use, control, lease and convey the same for its own use,
subject to the provisions of chapter four hundred and
thirty-two of the acts of the year eighteen hundred and
sixty-nine : provided, however, that nothing herein shall Proviso,
affect any suit now pending against said city, and that
the city of Lynn and its assigns shall remain bound to the
same extent that it is now bound by the decree of the
supreme judicial court holden within and for the county
of Essex, made in the case of Stephen N. Breed and
others, petitioners against Henry Breed and others, estab-
lishing the lines and boundaries of flats in Lynn harbor, •
according to the report of the commissioners in said case

154

1878. — Chapter 212.

Chap. 212

Location of road
in Franklin
County con-
IJrmed.

Highways and
town ways may
be laid out
across railroad.

Proviso.

Time for loca-
tion, &c., ex-
tended.

and plan accompanying said report and recorded in the
registry of deeds of said county.

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

Approved May 1, 1878.

An Act to confirm the location of the trot and green-
field RAILROAD IN THE COUNTY OF FRANKLIN.

Be it enacted., &c., as follows:

Section 1. The location of the Troy ajjpd Greenfield
Railroad in the county of Franklin, filed by the manager
of that railroad with the county commissioners of that
county, with plans of land taken for said railroad, on the
seventeenth day of April in the year eighteen hundred
and seventy-seven, is hereby ratified and confirmed, and
declared to be a valid location and taking of the lands
shown on said plans to all intents and purposes as if the
laws of the Commonwealth had been strictly complied
with in the taking of land and the location of said rail-
road ; and in establishing the limits of land taken for said
location, reference may be had to established monuments
and records of deeds, conveying lands to the Common-
wealth, for verification of said plans.

Section 2. The county commissioners of Franklin
County and the selectmen of the several towns thereof
through which said railroad is located may, at any time
within two years from the passage of this act, lay out and
establish highwa3^s and town ways according to law, cross-
ing said railroad and on the lands thereof in the manner
and location in which the same are now shown upon the
said plans, and also with the consent of the governor and
council, such other highways and town ways upon said
lands as are now in public use : provided, that when such
highways or town ways are substituted for other highways
or town ways taken for or on account of said location or
railroad, they shall cause the last mentioned to be discon-
tinued, and that all unsettled claims for damages arising
from the discontinuance of such highways or town ways
shall be assessed upon or paid for by said county or toAvns.

Section 3. The time within which persons may exer-
cise the rights provided by law to apply to the county
commissioners to estimate all damages occasioned by the
said laying out, making and locating of said railroad, and
by taking of any land or materials therefor, and to apply
for a jury if dissatisfied with the estimate of such com-
missioners, is hereby extended to the expiration of two
years from the passage of this act.

1878. — Chapters 213, 214, 215. 155

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

A2yproved May 1, 1878.

An Act to change the name of the first baptist society Chap. 213

OF BRIGHTON AND CONFIRM THE DOINGS THEREOF.

Be it enacted., &c., as follows:

Section 1. The name of the First Baptist Society of Name changed
Brighton is changed to the Brighton Avenue Baptist So- Avraul^R^ptist
ciety in Boston, and the organization of said society and all f°^]''^y ^^ ^°*"
acts done thereunder which religious societies may law-
fully do, are hereby confirmed.

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

Approved May 1, 1878.

An Act to amend chapter eleven of the general stat- Chap. 214:

UTES, RELATING TO THE REAL ESTATE OF LITERARY, BENEVO-
LENT, charitable and scientific INSTITUTIONS.

Be it enacted , &c., as follows:

Section 1. The real estate belonging to such institu- Amendment to
tions as are mentioned in the third division of section five ^- ^^ ^^' § ^•
of chapter eleven of the General Statutes, purchased with
a view of removal thereto, shall not be exempt from taxa-
tion for a longer period than two years until such removal
takes place.

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

Approved May 3, 1878.

An Act concerning the amount of capital stock required Chap. 215
before a railroad corporation can commence the con-
struction OF its road.

Be it enacted, <fcc., as follows:

Section 1. No railroad corporation shall be authorized swom estimate
to locate or construct its road or any branch or extension struction to be"
thereof or to enter upon and use any land or other prop- eommissfoners
ertv except for making' surveys, until a sworn estimate of i^efore locating

, -^ , '- r- • .^ T 1 iT or constructing

the total cost of constructmg the same, prepared by the road,
chief engineer of the corporation shall have been submit-
ted to the board of railroad commissioners and approved
by them ; nor until it shall also have been made to appear
to the satisfaction of said board that there has been ac-
tually subscribed by responsible parties, without any condi-
tion which invalidates the subscription an amount of the
capital stock of said corporation equal to at least fifty per Capital stock
centum of such estimated cost of construction, and that
twenty per centum of the par value of each and every
share has been actually paid into the treasury : 7J>rot;i(ie(^, Provisos,
that the certificate of a master in chancery or commission-

156

1878. — Chapter 216.

Certificate that
provieions have
been complied
with, to be tiled
with secretary
of the ConimoD-
wealth.

Issuance of cer-
tificate under
1874, 372, § 29,
not prevented.

Amendment to
1874, 372, § 31.

Chap. 216

Amendment to
1870, 331, § 1.

er of insolvency for the county in which the person mak-
ing the subscription resides that the subscriber is worth
property in his own name over and above all incum-
brances to an amount equal to his subscription shall be
conclusive evidence of his responsibility ; and provided,
further, that in case the said board shall refuse its approval
to any estimate of cost of construction or any subscrip-
tion list submitted to it under the provisions of this act,
the reasons for sucli refusal shall at the time be stated in
writing and in detail and included in its next annual re-
port.

Section 2. When the provisions of this act have been
complied with, the clerk of the board of railroad commis-
sioners, upon their order, shall certify the same to the
secretary of the Commonwealth, and no railroad corpora-
tion shall begin to construct its road under the provisions
of this act until such certificate is filed with the secretary,
and upon filing such certificate said corporation shall pay
to the secretary the sum of fifty dollars, which shall be
included in his return of fees and paid into the treasury.

Section 3. Nothing contained in this act shall be con-
strued to prevent the issuing of the certificate of the es-
tablishment of a railroad corporation, as provided by sec-
tion twenty-nine of chapter three hundred and seventy-two
of the acts of the year eighteen hundred and seventy-four;
and this act shall not apply to corporations which have
obtained said certificate, but have not commenced the
construction of their road.

Section 4. Section thirty-one of chapter three hun-
dred and seventy-two of the acts of the year eighteen
hundred and seventy-four is amended by striking out the
words, " section forty-seven of this act," and inserting
instead thereof the words, " this act or of any subsequent
act in relation thereto ; " and section forty-seven of chapter
three hundred and seventy-two of the acts of said year is
hereby repealed.

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

Approved May 3, 1878.

An Act relating to hawkeus and pedlers.
Be it enacted, &c., as follows:

Section 1. So much of section one of chapter three
hundred and thirty-one of the acts of the year eighteen
hundred and seventy as provides that the forfeiture therein
referred to shall not be less than fifty dollars, is hereby
repealed.

1878. — Chapters 217, 218. 157

Section 2. Section thirteen of chapter fifty of the Amendment to

General Statutes is hereby amended by inserting after the

word " implements," the words *' hand tools used in mak-
ing boots and shoes."

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

Approved May 5, 1878.

An Act in addition to an "act concerning the cake and Chap.2\l

EDUCATION OF NEGLECTED CHILDREN."

Be it enacted, &c. , as follows :

Section 1. It shall be the duty of every city and town Action to be
in this Commonwealth of five thousand inhabitants or forthe^profec^^
more, to take action under the first section of chapter two chmLT^^^'^^^
hundred and eighty-three of the acts of the year eighteen
hundred and sixty-six, concerning the care and education
of neglected children.

Section 2. The officers and duly appointed agents of officers of Mas-
the Massachusetts Children's Protective Society, in ad- dron's^Protec^-''"
dition to the persons appointed under the second section male com?""*''
of said chapter, are hereby authorized to make complaints plaints.
in case of violations of the ordinances or by-laws therein
referred to. Approved May 5, 1878.

An Act to regulate the transaction of the business of Chap.2\S

INSURANCE IN THIS COMMONWEALTH.

Be it enacted, &c., as follows:

Section 1. No person or association of persons, whether License to be
associated as a partnership or otherwise, shall within the comme''nci'ngThe
limits of this Commonwealth undertake or offer to carry ^us'ness of

. . J insurance.

on the business of insurance, or make or procure to be
made any contract of insurance of any kind upon property
belonging to another person, either as principal or agent,
except upon license or permission granted as heretofore
provided by law, or except as hereinafter provided.

Section 2. Associations ofindividuals, whether citizens Association?
of this Commonwealth or of other states in the United p{;'^°n,^ay"r°an'l'
States, formed upon the plan known as Lloyds, f whereby act any kind of
each member underwrites or becomes liable for a part of than life insur-
the whole amount insured by a policy), for the purpose of *°^^'
transacting any kind of insurance other than life insurance,
may be authorized to transact business in this Common-
wealth, upon like terms, and subject to like restrictions, as
are or shall be provided by law for corporations chartered
by authority of other states of the United States ; but
nothing in this act shall be construed to authorize such
associations to transact the business of life insurance in

158

1878. — Chapter 219.

Subject to pro-
visions requir-
ing returns from
and taxes upon
agents of com-
panies of other
states.

Amount of net
assets to be con-
sidered amount
of capital.

Penalty.

this Commonwealth. The insurance commissioner shall
have the same powers and duties in connection therewith
as are now conferred or imposed upon him in connection
with insurance companies organized or incorporated under
existing laws.

Section 3. Such associations and their agents shall be
subject to the provisions of law now in force requiring
returns from and imposing taxes and excise upon agents
of insurance corporations chartered by other states of the
United States and doing business in this Commonwealth.

Section 4. Such associations and the agents thereof
shall be subject to the provisions of all general laws relat-
ing to insurance companies of other states of the United
States doing business in this state ; and for all the pur-
poses of the insurance laws of this Commonwealth the
amount of their net assets shall be considered as the capi-
tal of such associations.

Section 5. Any person violating the provisions of this
act shall be liable to a fine of not less than two hundred
dollars nor more than one thousand dollars.

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

Approved May 5, 1878.

Chap. 219 An Act permitting the establishment of a fire district

IN LENOX.

Be it enacted^ <&c., as follows :

Section 1. A fire district may be established in the
town of Lenox, to include the village of Lenox and adjacent
territory, sufficient to include at least six hundred inhabit-
ants, with all the powers and liabilities of fire districts
organized under chapter twenty-four of the General
Statutes.

Section 2. Before the district is constituted and
organized, a petition shall be presented to the town at a
legal meeting, stating the limits of the proposed district,
the number of inhabitants, the number of voters, and the
amount of taxable property, in said proposed district, as
near as the same can be ascertained froni the records and
statistics of the town. If at said meeting the town shall
vote in favor of constituting and organizing said district,
the inhabitants of the said district may proceed to consti-
tute and organize the same in accordance with the provisions
of chapter twenty-four of the General Statutes.

Section 3. The legal voters of the said fire district of
the town of Lenox shall, within one jesii from the organ-
izing of said district, at a meeting called for the purpose,

Fire district
may be estab-
lished in town
of Lenox.

Subject to a vote
of the town.

Board of three
commissioners
to be chosen by
the district.

1878. — Chapter 219.

159

choose by ballot a board of tliree commissioners, who shall
be a board of commissioners of hydrants, sidewalks, com-
mon sewers, main drains and lamps, all of whom shall be
legal inhabitants and voters in said district. Said commis-
sioners shall serve until the next annual meeting of said
district, and until others are chosen and qualified in their
stead ; and said district shall thereafter, at the regular
annual meeting of said district, choose by ballot three such
commissioners, who shall serve during the ensuing year,
and until others are chosen and qualified in their stead.
And said district shall have authority to fill any vacancy
in said board at an}* meeting of said fire district regularly
called for that purpose. Said commissioners shall be sworn,
and shall receive no compensation.

Section 4. Said district may, at meetings called for
that purpose, raise money for the purpose of carrying out
the provisions of this act ; and said board shall expend
the same for the purposes prescribed by vote of the district,
and every member of said board of commissioners shall be
accountable to the said district for any money received by
him ; and said district may maintain a suit therefor in the
name of the inhabitants of said district. Said board shall
not expend any money which has not been duly appropri-
ated by the district, and shall have no authority to bind
the district to the payment of money in excess of its
appropriation, or for any purpose not specified by the vote
of the district appropriating the same. But said district
shall, during no year, raise by tax any amount of money
exceeding one-tenth of one per cent, of the taxable property
in said district.

Section 5. The clerk of the district shall, on or before
the first day of May of each year, certify to the assessors
of the town of Lenox all sums voted to be raised by the
district during the year last preceding under the provisions
of this act ; which sums shall be assessed and collected by
the officers of the town in the same manner as the town
taxes are assessed and collected, and shall be paid over to
the treasurer of said district, who shall hold the same
subject to the order of said board. The clerk of said dis-
trict shall act as clerk of said board and shall enter all its
proceedings in the records of said district.

Section 6. It shall be the duty of said board, under
the supervision and direction of said district to construct,
reconstruct, erect, repair, maintain, and have charge of all
main drains, common sewers, sidewalks, lamp posts, street
lamps, and street hydrants in said fire district, and of all

District may
raise money by
taxation.

Yearly tax not
to exceed one
tenth of one per
cent of taxable
property.

Clerk of district
to certify to as-
sessors the sums
voted to be
raised.

Board to con-
struct main
drains,
hydrants, &c.

160

1878. — Chapter 219.

To determine
grade of side-
walks.

To regulate
removal of
obstructions
from sidewalks.

Sidewalks not to
be dug up or ob-
structed with-
out consent of
board.

Construction of
crosswalks.

matters pertaining thereto as herein provided ; and to con-
struct such cross walks as may be ordered by said district ;
and to keep maps and plans of all such main drains and
common sewers.

Section 7. Said board shall have authority to deter-
mine the grade, width, and material, including curbstone,
of all sidewalks on the public streets and highways of said
district, and to construct, reconstruct, and repair such side-
walks in accordance with such determination. Upon the
completion of any sidewalk by said board, or the completion
of the reconstruction or repair of any sidewalk, or within
one year thereafter, said board shall ascertain, determine
and certify the whole expense of such making, reconstruc-
tion or repair, and shall cause a record thereof to be made,
and shall assess a portion, not exceeding one-half the
amount of the same, upon all the lands which abut on such
sidewalk so made, reconstructed or repaired.

Section 8. Said board shall have power to determine
when, in what manner, and to what extent, snow, ice, grass,
herbage, trees and other obstructions, shall be removed
from the sidewalks in said district, or from any of the same,
or any portion thereof, and to fix by-laws and penalties
regulating the same, subject to the approval of said fire
district, and also by-laws and penalties prohibiting the
deposit of ashes, garbage, filth or other refuse matter, on
the street and sidewalks within the limits of said district.

Section 9. No sidewalk graded, constructed, recon-
structed or repaired in said district, in conformity to the
provisions of this act, shall be dug up or obstructed in any
part thereof without the consent of said board ; and who-
ever rides or drives a horse or team, or drives or leads any
neat cattle, or uses any vehicle moved by hand, other than
those used for the carriage of children, invalids or persons
disabled, upon or along any sidewalk in said district,
, except to cross the same, or shall dig up or otherwise
obstruct the same, without such consent, shall forfeit a sum
not less than one nor more than five dollars for each viola-
tion of the provisions of this section.

Section 10. Said fire district, at meetings called for
that purpose, may order said board to construct cross walks
in any of the streets in said district on which they have
authority to construct sidewalks. Said board shall con-
struct all such cross walks at the expense of said district,
and shall repair and reconstruct the same when ordered by
said district, and at its expense.

Section 11. Said board shall lay, make, reconstruct

1878. — Chapter 219.

161

and maintain in said district all such main drains and
common sewers as said district, at a legal meeting called
for that purpose, shall by vote adjudge to be necessary for
the public convenience or the public health, and may repair
the same from time to time whenever necessary ; and for
these purposes may take, in the manner hereafter provided,
any land, which in their opinion, may be necessary therefor.

Section 12. All the main drains and common sewers
in said district shall be the property of said district, and
shall be under the charge and control of said board, who
shall have power and authority to regulate the use of the
same, and to prescribe the mode, terms and conditions in
which the same shall be entered by private drains. And
no person shall be allowed to enter or discharge into a
main drain or common sewer any private drain, except by
leave of said board, and on such terms and conditions as
said board shall prescribe ; and all such private drains
entering any main drain or common sewer shall be under
the exclusive charge and control of said board, who shall
have authority to make and execute orders concerning the
same as though the same were constructed by said board
under this act. The provisions of this section shall ajjply
to and govern the use of all sewers and drains in said dis-
trict, and to the compensation, terms and conditions to be
made for such use, whether the same have been heretofore
or shall be hereafter constructed.

Section 13. All assessments made by said board, as
provided for in this act, shall constitute a lien on the real
estate, assessed for two years from the time of assessment,
and for one year after the final determination of any suit
or proceedings in which the amount or validity of such
assessments shall be drawn in question. Every assessment
made by said board shall be recorded in books to be kept
for that purpose, and a list thereof shall be committed by
said board for collection to the person then authorized by
law to collect taxes in said town. Said collector shall
forthwith publish the same by posting up true and attested
copies thereof in three several public places in said dis-
trict ; and shall, within thirty days from said publication
thereof, demand payment of the same of the owner or
occupant of the land assessed, if known to him, and within
his precinct. If any such assessment shall not be paid
within three months from the publication of said list, he
shall levy the same with incidental costs and expenses by
sale of the land, such sale to be conducted in like manner
as sales of land for non-payment of town taxes; and in

Board may take
land for laying
common sewers.

Main drains and
common sewers
to be property
of district.

Private drains.

AesessmentB by
the board to be
a lien upon the
real estate.

AspesBraents to
be recorded.

Levy for non-
payment.

162

1878. — Chapter 219.

Invalid assess-
raents may be
re -assessed.

Person aggriev-
ed may apply by
petition to tbe
superior court.

Trial by a jury.

Costs to be a
lien upon estate
assessed.

Description of
land taken to be

making such sales, and any sales for taxes assessed for said
district, such collector, and said district and its officers,
shall have all the power and privileges conferred by the
General Laws of the Commonwealth upon collectors of
taxes, and upon cities and towns, and their officers, relat-
ing to sales of land for the non-payment of taxes. The
collector shall pay over all monej^s received by him under
this act to the treasurer of said district in the same manner
as moneys received by him from taxes assessed for said dis-
trict by the assessor of Lenox.

Section 14. Every assessment made by said board
which is invalid by reason of any error or irregularity in
the assessment, and which has not been paid, or which has
been recovered back, or which has been enforced by an
invalid sale, may be re-assessed by the aforesaid board of
commissioners, for the time being, to the just amount
which, and upon the estate upon which such assessment
ought at first to have been assessed ; and the assessments
then re-assessed shall be pa3^able, and shall be collected and
enforced in the same manner as other assessments.

Section 15. Any person aggrieved by an assessment
made by said board may, at any time within three months
from the publication of the list of such assessment, as pro-
vided in the preceding section, apply by petition to the
superior court for the county of Berkshire ; and after due
notice to the said fire district, a trial shall be had at the
bar of said court, in the same manner in which other civil
causes are there tried by the jury ; and if either request it,
the jury shall view the place in question. And such peti-
tion may be filed in term time or vacation ; and if filed in
vacation the clerk may issue an order of notice thereon,
returnable to the term of the court next to be held after
thirty days therefrom : provided^ that before filing said
petition, the petitioner shall give one month's notice in
writing to said board of his intention so to apply, and shall
therein particularly specify his objection to the assess-
ments; and to such specification he shall be confined in
the hearing by the jury. If the jury shall not reduce the
amount of the assessment complained of, the respondent
shall recover costs against the petitioner, which costs shall
be a lien upon the estate assessed, and be collected in the
same manner as the assessment ; but if the jury shall re-
duce the amount of the assessment, the petitioner shall
recover costs.

Section 16. Whenever land is taken by virtue of the
provisions of section eleven, the said board shall within

1878. — CHArxER 219.

163

sixty days after any such taking, file in the registry of
deeds of tlie middle district of the county of Berkshire a
description of any lands so taken sufficiently accurate for
identification, and a statement of the purpose for which it
is taken ; and the right to use all. lands so taken for the
purposes mentioned in said statement shall vest in said fire
district and its successors. Damages for land so taken
shall be paid by said fire district ; and any person aggrieved
by the taking of his land under this act, and failing to
agree with said board as to the amount of damages, may
upon a petition filed with the county commissioners of the
county of Berkshire within one year from the filing of the
description thereof in the registry of deeds, have his dam-
ages assessed and determined in the manner provided when
land is taken for highways ; and if either party is not sat-
isfied with the award of damages by the county commis-
sioners, and shall apply for a jury to revise the same, the
fire district shall pay the damages awarded by the jury,
and shall pay costs if the damages are increased by the
jury, and shall recover costs if the damages are decreased ;
but if the jury shall award the same damages as were
awarded by the county commissioners, the party who
applied for the jury shall pay costs to the other party.

Section 17. Penalties under the provisions of this act,
and under any by-laws established in pursuance thereof,
may be recovered by action of tort brought by direction
of said board in the name of and for the use of said dis-
trict, or on complaint or indictment to the use of the Com-
monwealth : provided, that no such action, complaint or
indictment shall be maintained, unless brought within
thirty days after the right of action accrues, or the offence
is committed. No inhabitant of the district shall be dis-
qualified, by reason of his being such inhabitant, to act as
judge, magistrate, juror or officer, in a suit brought for
such penalty.

Section 18. The provisions of all general laws of the
Commonwealth applicable to fire districts, and not incon-
sistent with this act, shall apply to the fire district of the
town of Lenox organized as herein provided. Nothing
herein contained shall be construed to interfere with the
authority of surveyors of highways, or any authority of
the town or its agents, which can be legally exercised over
highways or roads. But the town of i^enox shall repair
any injury done to sidewalks in said distiict by the officers
of said town by reason of anv raising, lowering, or other
act done for the purpose of repairing a highway or town-

fik'd in the re-
gistry of deeds.

Damages.

Recovery of
penalties.

General provis-
ions of law to
apply.

Town to repair
injury done to
sidewalks by
officers of the
town.

164

1878. — Chapter 220.

Authority of
town to con-
struct side-
walks.

way ; and whenever any cross walk shall be torn up or in-
jured by the officers of the town of Lenox in making, re-
pairing, altering, raising or lowering any highway or town-
way, said town shall relay and repair such cross walk in like
order and condition as the same was in before it was torn
up or injured. The authority of the town of Lenox to
construct sidewalks, and main drains, and common sewers,
within the limits of said district, shall be suspended while
this act is in force ; but this act shall in no wise affect the
liability of the town for any damages caused within the
limits of its highways.

Section 19. This act shall take effect upon its passage.

Approved May 3, 1878.

Chap. 220 -^^ ^CT TO AMEND THE ACT TO SUPPLY THE TOWN OF HOLYOKE

WITH PURE WATER.

Be it enacted, <fcc., as folloios :

Section 1. The water commissioners of the city of
Holyoke shall choose a treasurer, who shall hold his office
for the term for which he shall be elected and until a suc-
cessor shall be chosen, who shall give a bond to the satis-
faction of said commissioners, conditioned for the proper
discharge of his duties.

Section 2. The trustees of the sinking fund men-
tioned in the last clause of section seven of chapter sixty-
two of the acts of the year eighteen hundred and seventy-
two, shall choose a treasurer, who may be the city treasurer,
and who, under the direction of said trustees, shall have
the receipt, custody and disbursement of all moneys be-
longing to said fund, and shall give a bond to the satisfac-
tion of said trustees for the proper discharge of his duties.

Section 3. The said trustees shall receive all sums
contributed to a sinking fund, and invest and re-invest the
same, and the income thereof as it shall accrue, in the
name of the board, in the particular scrip, notes or bonds
for the redemption of which such sinking fund was estab-
lished, or in other bonds of said city which are secured by
sinking funds, or in the securities in which by law the
funds of savings banks may be invested, except personal
securities ; but no portion of the same shall be loaned to
the city except as herein provided ; and the trustees may
sell and re-invest such securities when required, in their
judgment, for the good management of the fund.

Section 4. All acts and parts of acts inconsistent
herewith are hereby repealed.

Water commis-
sioners to
choose a treas-
urer, who shall
give bond.

Trustees of
sinking fund to
choose a treas-
urer, who shall
give bond.
1872, 62, § 7.

Trustees to in-
vest sums con-
tributed to sink-
ing fund.

Repeal.

1878. — Chapters 221, 222.

165

Section 5. This act shall take take effect upon its subject to ac-
acceptance by the city coiincil of said city. clt'^counciT

Ap2)rovecl May 5, 1878.

An ACT TO AUTHORIZE THE MASSACHUSETTS CHARITABLE ME- CJiap. 221
CHANIC ASSOCIATION TO ERECT A WOODEN BUILDING IN THE
CITY OF BOSTON.

Be it enacted, &c. , as follows :

Sectiox 1. The Massachusetts Charitable Mechanic May erect a
Association is hereby authorized to erect a wooden build- ]^g°in''Bos"on'
ing in the city of Boston, for an exhibition of mechanic <■?■" an exhiw-
and other arts ; the said building to be erected under the ic arts,
direction of the inspector of buildings of Boston, and shall
be provided with such facilities for the prevention of fire
and for the protection of adjoining and adjacent buildings,
as may be required by said inspector ; and the said wooden
building shall be removed by said association whenever subject to re-
ordered by the board of aldermen of said city, and in any Xthe "Aider-^'
event, not later than the first day of March in the year '^*^°-
eighteen hundred and seventy-nine ; and for the purpose
aforesaid the said association is authorized, under the
direction of the committee on paving of the city of Bos-
ton, to cover over and build upon that portion of Eliot
Street extending from Pleasant Street to Columbus Ave-
nue in said city.

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

Approved May 5, 1878.

An Act to authorize the grant to albert g. browne of

A certain right of WAT OVER LAND
wealth in the town of north ADAMS.

OF THE COMMON-

Chap. 222

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

Section 1. The governor, with the advice and con- Exchange of
sent of the council, may exchange with Albert G. Browne ^f in North °^
certain rights of way over the line of the Troy and Green- Adams,
field Raikoad, near the west end of the Hoosac Tunnel in
the town of North Adams, as set forth in the agreement
of said Browne, bearing date the twenty-first day of March
eighteen hundred and seventy-eight and witnessed by
Edward Hamilton.

Section 2. The treasurer and receiver-general may Treasurer may
convey by proper instrument in writing the rights of way execute convey-
herein mentioned to be conveyed to said Browne on behalf
of the Commonwealth, on receipt from said Browne of the
conveyances mentioned in his said agreement, in manner
and form satisfactory to the governor and council.

166

1878. — Chapters 223, 224, 225.

Amendment to
1861, 168, § 3.

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

Approved May 5, 1878. '

Chap. 223 -^^ -^ct relating to the expenses of the office of in-
spector OF GAS meters AND OF ILLUMINATING GAS.

Be it enacted, <fcc., as follows :

Section 1. Section three of chapter one hundred and
sixty-eight of the acts of the year eighteen hundred and
sixty-one, is hereby amended by inserting after the word
"thereafter," the following words, "together with any
expenses incurred under section seven of said act."

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

Approved May 3, 1878.

Chap. 224 -^^ -^^'^ "^^ further regulate fishing in the CONNECTICUT

RIVER.

Be it enacted, &c., as follows:

Section 1. Section three of chapter one hundred and
forty-four of the acts of the year eighteen hundred and
seventy-four, is hereby amended by striking out the word
" four," where it first occurs in said section, and inserting
in lieu thereof the word " two."

Section 2. Whoever takes or catches any fish beyond
two hundred yards and within four hundred yards of any
fish-way now built, or hereafter to be built on the Connect-
icut river or its tributaries lying within this Common-
wealth in any other manner than by naturally or artifi-
cially baited hooks and line, shall forfeit for each fish so
taken or caught the sum of twenty-five dollars.

Section 3. The limitation of time for catching black
bass in the Connecticut river or its tributaries, in this
state, shall hereafter be the same as that now fixed, or
which shall hereafter be prescribed by the legislature of
Connecticut for taking black bass in said river in that
state.

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

Approved May 3, 1878.

Chan. 225 ^^ -^^'^ ^^ relation to the venue of actions for the col-
lection OF TAXES IN THE CITY OF BOSTON.

Be it enacted, &c., as follows:
Collection of SECTION 1. The provisious of sections six and seven of

of'^Boston^^ '^''^ chapter one hundred and twenty-three of the General
Statutes shall apply also to suits brought by the collec-
tor of the city of Boston under sections nineteen and
twenty of chapter twelve of the General Statutes.

Fish not to be
taken within
two hundred
yards of a tish-
way.

May be taken
with hook and
line beyond two
hundred yards
and within four
hundred yards
of a fish-way.

Time for taking
black bass.

1878. — Chapters 226, 227.

167

Section 2. This act shall not apply to any suit now
pending. Ap^woved May 6, 1878.

An Act requiring certain reports and estimates of ex- Chap, 226

PENSE from the MANAGER OF THE TROY AND GREENFIELD

railroad and hoosac tunnel.
Be it enacted, tfcc, as folloios:

Section 1. The monthly report of the manager of the
Troy and Greenfield Railroad and Hoosac Tunnel, required
by section one of chapter seventy-seven of the acts of the
year eighteen hundred and seventy-five, shall contain a
full, specific and detailed statement of expenses incurred
on account of said road and tunnel, with a reference to the
provision of law under which said expense is authorized.

Section 2. Said report shall contain a statement of
all sums paid for salaries and for labor, and a Hst of the
persons to whom such have been paid.

Section 3. Said manager shall make a like report to
the legislature annually, on or before the first Wednesday
of January ; which report shall likewise contain a detailed
estimate of all sums to be required during the year then
next ensuing, and the reasons for the same.

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

Ajyproved May 6, 1878.

An Act to authorize the purchasers of the franchise of

the SPRINGFIELD, ATHOL AND NORTH-EASTERN RAILROAD TO
organize A CORPORATION, AND OPERATE THE ROAD.

Be it enacted, &c., as follows :

Section 1. Whenever the trustees under the mort-
gages of the Springfield, Athol and North-eastern Railroad
Company shall, by virtue of the powers therein contained,
sell the property and franchises of the mortgagor for the
purpose of foreclosure, the purchaser or purchasers shall,
on the completion of the conveyances to him or them, pro-
vided he or they have purchased the property and fran-
chises covered by both the mortgages now held against
said company, be with his or their associates and suc-
cessors, a corporation under the name of " The Spring-
field and North-eastern Railroad Company," with all the
rights, powers, privileges and franchises of the mort-
gagor, and free from any liability or debts incurred by the
mortgagor; and the said corporation shall be subject to all
the general laws relating to railroad corporations not incon-
sistent with the provisions of this act.

Section 2. Within thirty days after the last sale as
aforesaid, if the same parties have become purchasers at

Detailed state-
ment of expen-
ses to be made
by manager in
his monthly
report.

Sums paid for
salaries and
labor.

Annual report
to legislature.

Estimate for en-
suing year.

Chap.221

When franchise
and property is
sold, new cor-
poration to be
formed.

Meeting of
bondholders for

168

1878. — Chapter 228.

organizing cor-
poration.

Each bondhold-
er may receive
proportionate
amount of capi-
tal stock.

Failing to take
stock, shall re-
ceive ratable
proportion of
proceeds of sale.

Organization of
corporation.

each of said sales, a meeting of the bondholders of said
Springfield, Athol and North-eastern Railroad Company-
shall be held at some convenient place on the line of said
railroad, after notice signed by one or more of the pur-
chasers at said sale, and by the trustees under each of the
mortgages, and published for a period of fourteen days
prior to the day of said meeting in at least one newspaper
printed in each county in which said railroad has a loca-
tion; which notice shall set forth that said meeting is for
the purpose of organizing the corporation under the pro-
visions of this act.

Sectiok 3. Each bondholder, who at the meeting pro-
vided for in the preceding section shall signify in writing
his election so to do, shall be entitled to receive in pay-
ment of his bonds a proportionate amount of the capital
stock of the corporation, to be determined as follows, to
wit: the whole capital stock shall be divided into two
parts for the bondholders under the respective mortgages,
which shall bear the same proportion to each other that
the price paid at the said sale under one mortgage bears to
the price paid at the said sale under the other mortgage,
and each bondholder shall be entitled to receive the same
proportion of the capital stock set apart for the bond-
holders under the same mortgage, that the amount of
his bonds with the interest thereon bears to the whole
amount of bonds and interest secured by said mortgage.
If he fails so to signify his election he shall receive his
ratable proportion of the proceeds of the sale, according to
the provisions of said mortgage. And the stockholders,
both by subscription and surrender of bonds, shall at said
meeting organize the corporation by the choice of a clerk
and a board of directors in accordance with law ; and may
transact any other business that may be required to com-
plete the organization of the corporation or to carry into
effect the purposes and provisions of this act : provided.,
however., that the capital stock of the said corporation shall
not be more than ten thousand dollars in excess of the
entire amount paid for all the before named property and
franchises at said sales.

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

Approved May 6, 1878.

Chap. 228 ^^ -^^'^ relating to payments for burial purposes from

THE ESTATES OF DECEASED PERSONS.

Be it enacted, &c., as folloivs :

Section 1. Probate courts, in the settlement of the

1878. — Chapters 229, 230.

169

Sale of real es-
tate taken for
taxes.

estates of deceased persons, may allow as a part of the Allowance for

n 1 11 1 -I r funeral expen-

iimeral expenses a reasonable sum expended tor a monu- ses.
ment and burial lot for such persons.

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

Approved May 6, 1878.

An Act relating to the sale of real estate taken for Chap, 229

TAXES.

Be it enacted^ tfcc, as follows:

Section 1. No sale heretofore made of real estate
taken for taxes shall be held invalid by reason of the no-
tice of sale having contained the words " or such undivided
portions thereof as may be necessary," or the words " or
such undivided portions of them as may be necessary : "
provided, hoivever, that this act shall not apply to any case
wherein proceedings at law or in equity have been com-
menced involving the validity of such sale, nor to any real
estate which has been alienated since the eighth day of
February of the current year and before the passage of
this act.

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

Approved May 6, 1878.

An Act relating to the appointment and removal of Chap. 230

GUARDIANS OP MINORS.

Be it enacted, &c. , as follows :

Section 1. Upon the application of the mayor of any Temporary
city, or the selectmen of any town, or the overseers of the be^arooUi^Y
poor of any city or town, probate courts may, within their fn"J^"u^nJer jg^g'
respective jurisdictions, pending an}'" proceedings before 36?!
them for the appointment of a guardian under the provis-
ions of chapter three hundred and sixty-seven of the acts
of the year eighteen hundred and seventy-three, or for the
removal of any guardian of any minor, appoint some suit- Removal of
able person to be temporary guardian of such minor during g^iardian.
the pendency of such proceedings ; and the person ap-
pointed such temporary guardian shall have the custody
and control of such minor until such proceedings shall be
concluded : provided, however, that the probate court hav-
ing jurisdiction may at any time with or without notice
terminate such temporary guardianship.

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

Approved May 8, 1878.

Proviso.

170

1878. — Chapters 231, 232.

Chap. 2dl -A-N Act to extend the law enabling the courts to report

QUESTIONS OF LAW FOR THE DETERMINATION OF THE SUPREME
JUDICIAL COURT.'

Question of law
arising at a trial
by court without
a jury, may be
reported for the
determination of
the Buprerae ju-
dicial court.

Repeal of 1869,
438.

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

Section 1. The supreme judicial court and the supe-
rior court respectively may, in any case where the trial is
by the court without a jury, after the finding upon the
facts, report any question of law arising at the trial for the
determination of the supreme judicial court in like manner
as if a verdict had been rendered.

Section 2. Chapter four hundred and thirty-eight of
the acts of the year eighteen hundred and sixty-nine is
hereby repealed, but this repeal shall not affect any case
pending before the court upon a report under said act,
when this act takes effect. Approved May 8, 1878.

Chap. 232 ^^ Act to amend chapter forty-eight of the general stat-
utes RELATING TO SEWERS AND DRAINS.

Be it enacted, &c., as follows :

Section 1. Section four of chapter forty-eight of the
General Statutes is hereby amended by inserting before
the words " to be ascertained " the words " and of the
charge, not already assessed, of making and repairing other
main drains and common sewers through which the same
discharges."

Section 2. Plans and descriptions of all main drains
and common sewers, belonging to any city or town, with a
true record of the charges of making and repairing the
same, and of all assessments therefor, shall be kept in the
office of the clerk of such city or town.

Section 3. The city council of any city and the legal
voters of any town in a meeting called for that purpose,
may adopt a system of sewerage to apply to any part or
the whole of the territory of such city or town, and may
provide that the assessment authorized by said section four
shall be made upon the owners of the estates embraced in
such system, by a fixed uniform rate, based upon the esti-
mated average cost of all the sewers therein, according to
the number of feet of frontage their estates have on any
street or way where a sewer is constructed, or according
to the number of feet of area their said estates contain
within a fixed depth from such street or way, or both,
according to such frontage and area, which rate when
adopted shall not be changed.

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

Approved May 5, 1878.

Assessments for
entering into
main drains.

Plans of drains
and record of
assessments to
be Itept in
clerk's office.

Cities and towns
may adopt sys-
tems of sewer-
age.

1878. — Chapters 233. 234.

171

Amendment to
1874, 376, §§ 7,
10.

Mayor and
aldermen to be
in session until
10 o'clock p.m.
on the day when
registration
ceases.

Notice of time
and place of
holding ses-
sions.

An Act to amend an act relating to elections. Chap. 233

Be it enacted., tCc, asfollo^vs:

Section 1. Chapter three hundred and seventy-six of
the acts of the year eighteen hundred and seventy-four is
hereby amended by striking out the word " ten " wherever
it occurs in section seven, and inserting in place thereof
the word " fifteen ; " and by striking out the words " open-
ing of the polls," in section ten, and inserting in place
thereof the words " close of registration."

Section 2. The mayor and aldermen of cities shall be
in session until ten o'clock in the afternoon on the day
when registration ceases, and for as much longer time pre-
vious thereto as they judge necessary, for the purpose of
receiving evidence of the qualifications of persons claiming
a right to vote, and of correcting the list of voters ; and
they shall give notice of the time and place of holding the
sessions, upon lists of voters posted up as required by sec-
tion seven of chapter three hundred and seventy-six of the
acts of the year eighteen hundred and seventy-four as
amended by this act ; and shall also, in said notices to the
inhabitants of a meeting for any election, state the day of
the month when registration will cease ; and also, that
after the close of registration no name will be entered on
the check list except as provided by section ten of said
chapter three hundred and seventy-six as amended by this
act.

Section 3. Section nine of chapter three hundred and
seventy-six of the acts of the year eighteen hundred and
seventy-four, and chapter one hundred and eighty-eight of
the acts of the year eighteen hundred and seventy-five, are
hereby repealed. Approved May 10, 1878.

An Act relating to the distribution of the annual income Chap. 234

OF the school fund, and to provide for reports by school

committees.
Be it enacted, &c. , as follows :

Section 1. Section one of chapter one hundred and
forty-two of the acts of the year eighteen hundred and
sixty-five is hereby amended by inserting after the words
" and of any amendments to either of said sections," the
words " and the laws of the Commonwealth relating to
truancy " : provided, however, that this act shall not affect
the apportionment and distribution of the annual income
of the school fund prior to the year eighteen hundred and
eighty.

Section 2. It shall be the duty of the various school

Repeal of 1874,
376, § 9.
1875, 188.

Distribution of
school fund.
1865, 142, § 1.

172

1878. — Chapters 235, 236, 237.

Fees of justices
in inquests.

Truants and committees annually to report to the secretary of the board
absentees. q£ education whether their respective cities and towns have

made the provisions and arrangements relating to truants
and absentees required by law. Approved May 10, 1878.

Chap. 235 -^.n Act concerning fees of special and trial justices in

INQUESTS.

Be it enacted, &c. , as follows :

Section 1. The fees of justices of municipal, district
and police courts and trial justices for the services speci-
fied in chapter two hundred of the acts of the year eigh-
teen hundred and seventy-seven, shall be as follows, viz. :
— For receiving and filing a duly attested copy of record
of autops}'- under the ninth section of said chapter, fifty
cents ; for each subpoena issued, ten cents ; for each day's
attendance in holding the inquest, five dollars ; for recog-
nizance of witnesses, twenty cents ; and for drawing up
and filing report in superior court, five dollars ; said fees
having been audited by the district attorney to be paid
from the treasury of the county : provided, that no fees
shall be allowed or paid to justices of municipal, district
or police courts, who receive a salary. This act shall apply
to cases that have now arisen, or shall hereafter arise
under said act.

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

Approved May 10, 1878.

An Act in relation to the formation op railroad corpo-
rations.

Proviso.

Chap. 236

Capital stock to
be not less than
$10,000 for each
mile.

Be it enacted, &c., as folloius:

Section 1. Section twenty of chapter three hundred
and seventy-two of the acts of the year eighteen hundred
and seventy-four is amended by striking out the word
" fifteen," and inserting instead thereof the word " ten."
Section 2. This act shall take effect upon its passage.
' Approved May 10, 1878.

Chap. 2'^! An Act to establish the commonwealth's flats improve-
ment FUND.
Be it enacted, &c. , as follows :

Section 1. The moneys already received, and those
which may be hereafter received, from the sales or use of
the Commonwealth's lands at South Boston, except so
much thereof as has already been placed to the credit of
the sinking funds, shall be placed to the credit of a fund,
which shall be called the " Commonwealth's Flats Im-
provement Fund " ; and said fund may be invested by the

The " Common
wealth's Flats
Improvement
Fund," estab-
lished.

1878. — Chapter 238.

173

Appropriation
of S200,00U from
the fund.

treasurer of the Commonwealth, at his discretion from
time to time, in the same manner as is now provided by-
law for the investment of the Commonwealth's funds;
and all income from such investments shall be added to
the fund.

Section 2. For the purpose of enforcing and execut-
ing the provisions and requirements of existing laws relat-
ing to the Commonwealth's flats at South Boston, and for
the payment of money which may be needed to carry out
the provisions of chapter two hundred and thirty-nine
of the acts of the year eighteen hundred and seventy-five,
there is hereby appropriated the sum of two hundred
thousand dollars from the fund established by this act ; and
the treasurer is authorized from time to time, as money shall
be needed for said purposes, to sell such portions of the
securities in which said fund is invested as may be neces-
sary to meet the expenditures incurred by authority of this
act.

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

Ajyproved May 10, 1878.

An Act to authorize the town of west Springfield to

borrow money for certain purposes.
Be it enacted, cfcc, as follows:

Section 1. The town of West Springfield is hereby
authorized to issue bonds, not exceeding in amount the
sum of twenty-five thousand dollars, payable in twenty
years from the date thereof and bearing interest at a rate
not exceeding six per centum per annum, for the payment
of the amount imposed upon said town under chapter one
hundred and thirty of the acts of the year eighteen hun-
dred and seventy-two, entitled " An Act to establish a Free
Bridge across the Connecticut River, between Springfield
and West Springfield."

Section 2. The provisions of chapter two hundred Sinking fund for
and nine of the acts of the year eighteen hundred and bonds'^at matur-
seventy-five, in regard to a sinking fund for the payment ^^^'
of debts contracted in constructing general sewers, and the
acts amendatory thereof, shall apply to this act ; and said
town of West Springfield is hereby required to create a
sinking fund in accordance therewith, for the payment of
said bonds at their maturity.

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

Approved May 10, 1878.

Chap. 238

May issue bonds
not exceeding
$25,000.

174

1878. — Chapter 239.

City charter re-
vised.

Government
vested in mayor
and city coun-
cil.

Division of city
into wards.

Chap. 2S9 -^N Act to revise the charter of the city of fall river.

Be it enacted, &c., as follows:

Section 1. The inhabitants of the city of Fall River,
for all the purposes for which towns and cities are by law
incorporated in this Commonwealth, shall continue to be a
body politic and corporate, in fact and in name, under the
style and denomination of " The City of Fall River " ; and
as such shall have, exercise and enjoy all the rights, immu-
nities, powers and privileges, and shall be subject to all the
duties and obligations, now incumbent upon and apper-
taining to said city as a municipal corporation.

Section 2. The administration of all the fiscal, pru-
dential and municipal affairs of the said city, with the
government thereof, shall be vested in one municipal
officer, to be called the mayor ; one council of six, to be
called the board of aldermen; one council of eighteen, to
be called the common council ; which bodies, in their joint
capacity, shall be called the city council ; and the members
thereof shall be sworn to the faithful performance of the
duties of their respective offices.

Section 3. The city council may in the year eighteen
hundred and eighty, and not oftener than once in five years
thereafter, revise, and if needful make a new division of
the city into such number of wards, not less than six nor
more than twelve, as said council shall deem the interests
of the city may require ; and the said wards shall be so
constituted as to contain, as nearly as may be consistent
with well defined limits to each ward, an equal number of
qualified voters in each ward, accoiding to a census of
voters which shall be taken in the month of May in said
years ; but no such division of wards shall have the 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 : provided, that in case the num-
ber of said wards shall be increased, each ward shall be
entitled to one alderman and three common councilmeu.

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 by the mayor and alder-
men, and shall be in such form, and shall be served, exe-
cuted and returned in such manner, and at such times, as
the city council may by ordinance direct. All elections
shall be had at meetings of the citizens qualified to vote
therein in their respective wards, at the times duly fixed

Warrants for
meetings for
municipal pur-
poses to be is-
sued by mayor
and aldermen.

1878. — Chapter 239.

175

for such elections respectively. The mayor and aldermen
shall, within two days after such elections, examine and
compare the returns, and make out certificates of the result
of such elections, to be signed by the mayor and a majority
of the aldermen, and also by the city clerk, which shall be
transmitted or delivered in the same manner as similar
returns are by law directed to be made by selectmen of
towns.

Section 5. The citizens entitled to vote for state
officers 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 mayor and aldermen
may by their warrants appoint, and give in their ballots for
mayor, aldermen, common councilmen and ward officers,
all of whom shall hold their offices for the municipal year
next following said meeting and until others shall have
been chosen and qualified, and in the case of aldermen and
common councilmen until a majority of both branches shall
have been chosen and qualified ; and the municipal year
shall begin on the first Monday in January following. If
the choice of aldermen, common councilmen or ward
officers, shall not be effected on that day in any ward by
reason of two or more persons receiving the same number
of ballots for the same office, the mayor and aldermen
shall forthwith cause a warrant to be issued to complete
such election.

Section 6. The mayor shall be an inhabitant and
qualified voter of the city, and shall be elected by the
qualified voters of the city at large. One alderman, three
common councilmen, and the following ward officers, viz. : —
a w\arden, clerk, and three inspectors of elections, who
shall Ije different persons, shall be elected by the qualified
voters of each ward, and shall be inhabitants and qualified
voters of the wards where elected.

Section 7. The warden, clerk and inspectors shall
respectively make oath or affirmation faithfully and impar-
tially to perform their several duties, which oath or affir-
mation may be administered by the clerk to the warden,
and by the warden to the clerk and inspectors, or to either
of said officers, by any justice of the peace ; and a certifi-
cate thereof shall be entered on the records of the ward
by the clerk. It shall be the duty of the warden to pre-
side 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.

Mayor and iil-
dirmen to make
certificates of
election.

Annual election.

Mayor to be an
inhabitant and
qualified voter
in the city.
One alderman
and three coun-
cilmen to be
elected in each
ward.

Ward officers to
be sworn.

Dutiei of war-
den.

Duties of clerk.

176

1878. — Chapter 239.

Duties of In-I
spectors.

Ward officers
may be chosen
pro tempore.

City clerk to
enter copies of
records upon
the journal of
aldermen.

Election of
mayor.

and certify the ballots given in at any election, in a book
to be provided by the city for that purpose ; 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 8. If at any meeting the warden shall not be
present, the clerk of said ward shall call the meeting to
order, and preside until a warden pro 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 both the
warden and clerk shall be absent, the senior in age of the
inspectors of elections of said ward present may preside
until a warden pro tempore shall be chosen ; and in case of
the absence of all said officers, the constable who returns
the warrant may call the meeting to order, and preside
until a warden pro tempore shall be chosen ; and whenever
any of the inspectors shall be absent his office shall be
filled pro tempore. All ward officers shall be chosen by
ballot.

Section 9. It shall be the duty of the city clerk forth-
with to enter the copies of the records of the several
wards received from the ward clerks, certified as aforesaid,
or a plain and intelligible abstract of them, upon the jour-
nal of the board of aldermen, or a book kept for that pur-
pose.

Section 10. Within two days after any election for
mayor, the board of aldermen shall examine the returns
of votes from the several wards, and shall cause the person
who received the highest number of votes for mayor to be
notified in writing of his election. If it shall appear by
said returns that no person is elected, or if the person
elected omits or declines to accept the office within seven
days after the notification aforesaid, the board shall cause
the fact to be entered upon the records of the city, and
shall issue their warrant for a new election ; and the same

1878. — CiiArTER 239.

177

proceedings shall be had in all respects as are provided
with reference to the first election for mayor ; and so on,
from time to time, nntil a mayor is chosen who accepts
the office.

Section 11. The mayor shall be the chief executive
officer of said city. It shall be his dut}^ 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, to examine into all complaints pre-
ferred against them for violation or neglect of duty, and
as far as is in his power, cause all negligence, carelessness,
or violation of duty, to be duly prosecuted and punished ;
and whenever in his judgment the good of the city may
require it, he may call meetings of the city council, or
either branch thereof, by causing a written notice to be
left at the place of residence of each member, or delivered
to him in person, although the meeting of said branches,
or either of them, may stand adjourned to a more distant
day; and he shall perform such other duties as the city
council may legally and reasonably require. The mayor,
from time to time, shall communicate to the city council
or either branch thereof, all such information, and recom-
mend all such measures, as in his opinion may tend to the
improvement of the finances, the police, health, securit}^,
cleanliness, comfort, government and ornament of the
city. He shall when present preside in the board of
aldermen and in convention of the two branches of the
city council, but shall have no right to vote. In all cases
in which appointments are directed to be made by the
mayor and aldermen, the mayor shall have exclusive
power of nomination, subject however to confirmation or
rejection by the board of aldermen ; but if a person so
nominated shall be rejected, it shall be the* duty of the
mayor to make another nomination within one month
from the time of such rejection.

Section 12. The persons returned to serve as aldermen
and members of the common council shall on the first
Monday of January, at ten o'clock in the forenoon, meet
in their respective rooms ; the board of aldermen shall be
called to order by tlie mayor elect, or in his absence by
the senior member ; the common councilmen shall be
called to order by the senior member; and on the appearance
of a quorum of each branch notice shall be communicated
to the other of that fact and the two branches shall then
forthwith meet in convention. If no mayor who accepts
23

Mayor to be
cliief L-xccutive
olHcer.

To preside in
convention and
in the board of
aldermen.

Qualification of
mayor, alder-
men and com-
mon council-
men.

178

1878. — Chapter 239.

Aldermen to
choose chair-
man, who shall
preside in the
absence of
mayor.

Chairman pro
tempore.

President of
common coun-
cil.

City auditor to
be clerk of
council.

Clerk pro tem-
pore.

Election to fill
vacancy in office
o f mayor.

the office has been chosen prior to said first Monday in
January, the city clerk shall read the record of that fact
in presence of the persons assembled ; otherwise the oath
of office shall be administered to the mayor elect by the
city clerk, or by any justice of the peace. The oath of
office shall be administered to the members present by the
mayor, or by any justice of the peace ; and a certificate
thereof shall be entered in the journals of the board of
aldermen and of the common council by their respective
clerks.

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

Section 14. The persons chosen and qualified as com-
mon councilmen shall meet and act together as a separate
body, distinct from the board of aldermen, except in those
cases in which the two bodies meet in convention ; and
the common council shall have power from time to time
to choose by ballot one of their number as president, who
shall preside over their deliberations, and preserve order
and decorum therein. The city auditor shall be clerk of
the common council, and shall be sworn to the faithful
discharge of his duties as such. It shall be the duty of
the clerk to attend said council when the same is in
session ; to keep a journal of its acts, votes and proceed-
ings ; and to perform such other duties in said capacity as
said council may require. In the absence of the clerk, a
clerk pro tempore may be chosen, and shall be duly
qualified.

Section 15. In case of the decease or resignation of
the mayor, or of his inability to perform the duties of his
office, the board of aldermen and common council shall
respectively by vote declare that a vacancy exists in said
office, and the cause thereof; whereupon the board of

1878. — Chapter 239.

179

aldermen shall issue their warrants in due form for the
election of mayor, and the same proceedings shall be had
as are herein before provided for the choice of mayor ; and
the mayor thus elected shall hold his office during the
remainder of the municipal year, and until another is
chosen and qualified in his stead : provided., however^ that
when such vacancy occurs on or after the first day of
October in au}^ year, it shall be discretionary with said
board of aldermen and common council to order, or not to
order, an election to fill such vacancy.

Section 16. Whenever it shall appear to the board of
aldermen that there is a vacancy, by removal from the
city, or by death, resignation, or any other cause, in the
board of aldermen or common council, it shall be the duty
of the board of aldermen to issue their warrants to fill
such vacancy, and the same proceedings shall be had as
are herein before prescribed for the election of aldermen
and common councilmen ; and the person elected to fill
such vacancy shall be sworn to the faithful discharge of
the duties of his ofiice, and may serve for the unexpired
term. But in case of a vacancy in the common council
such warrant shall not be issued until the board of alder-
men receive notice thereof from said council.

Section 17. Any person chosen a member of the
board of aldermen or of the common council who shall not
be qualified at the organization of the city council on the
first Monday in January, or who after said organization
shall be elected to fill a vacancy in either of said boards,
may be qualified at any time by the mayor, in presence
of the board of aldermen.

Section 18. Each board shall keep a record of its
proceedings, and judge of the returns, elections and quali-
fications of its own members.

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

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

Section 21. No member of the board of aldermen or

Vacancy in
board of alder-
men or com-
mon council.

Aldermen and
councilmen not
qualified at or-
ganization of
city council
maybe qualified
subsequently.

Records of pro-
ceedings.

Quorum.

City council to
fix compensa-
tion of all offi-
cers.

180

1878. — Chapter 239.

Aldermen and
councilmen not
to hold office,
salary of which
is paid by city.

Money not to he
paid from treas-
ury unless ap.
propriated.

Public buildings
and property.

Executive pow-
er of city, vested
in mayor and
aldermen.

Constables and
police oflBcers.

Powers to be ex-
ercit^ed by con-
current vote.

common council shall at the same time hold any office of
emolument the salary of which is paid from the treasury
of the city ; and the acceptance of any such office by any
alderman or common councilman shall be deemed and
taken to be a resignation of his seat, and the place so
vacated shall be filled as herein before provided.

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

Section 23. The executive power of said city gen-
erally, together with the administration of the police, and
all the powers vested in the selectmen of towns by the
laws of the Commonwealth, shall be and hereby are vested
in the mayor and aldermen as fully as if the same were
herein specially enumerated ; and the mayor and alder-
men shall have full and exclusive power and authority to
appoint a city marshal and such number of assistant
marshals, constables and police officers, as they shall deem
expedient ; and the same may be removed by the mayor
and board of aldermen when such officers do not faith-
fully and efficiently perform their duties. The mayor and
aldermen may require any person who may be elected or
appointed marshal or constable of the city to give bonds
for the faithful discharge of the duties of his office, with
such surety and to such an amount 'as the}" may deem
reasonable and proper, upon which bonds the like pro-
ceedings and remedies may be had as are by law provided
in the case of constables' bonds taken by the selectmen of
towns.

Section 2-4. All other powers vested in the inhabit-
ants of towns in this Commonwealth, and all powers
granted by this act, shall be vested in the mayor, alder-
men and common councilmen of said city, to be exercised

1878. — Chapter 239.

181

by concurrent vote, each board to have a negative upon
the other ; but the city council shall annually, as soon
after their organization as may be convenient, elect by
joint ballot, in convention, a city clerk, a city treasurer,
collector of taxes, auditor, city solicitor, city physician,
and one or more surveyors of highways, and shall in such
manner as the city council may determine by ordinance
made for that purpose, elect all other officers necessary for
the good government, peace and health of the city, not
herein otherwise directed, who shall hold their offices for
the term of one year from the first Monday of March
of each year and until their snccessors shall be chosen and
qualified : provided, hoivever, that any officer elected by
the city council may be removed at any time by said
council for sufficient cause ; and in case of the death,
resignation or removal of any officer elected by the city
council, his place may be filled in the manner provided in
this section for the election of city officers, and any person
so elected shall hold office only for the unexpired term.

Section 25. The city clerk shall be sworn to the faith-
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 mayor and alder-
men, and do such other acts in his said capacity as the city
council may lawfully and reasonably require of him ; and
shall deliver all journals, records, papers and documents, and
other things intrusted to him as city clerk, to his successor
in office. 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 provided for that purpose, and shall
add proper indexes, which book shall be deemed a puJ)lic
record of such ordinances ; and he shall perform such other
duties as shall be prescribed by the board of aldermen.
In case of the temporary absence of the city clerk, the
mayor by and with the advice and consent of the board
of aldermen may appoint a clerk pro tempore, who shall
be duly qualified.

Section 26, The city council shall elect by joint ballot,
in convention, three persons to be assessors of taxes, one to
serve one year, one to serve two 3'ears, and one to serve
three years, from the first Monday of March next follow-

Election of city
officers.

Removal from
office.

City clerk to be
sworn, and have
charge of all rec-
ords of the city.

To he clerk of
hoard of alder-
men.

Clerk pro tem
pore.

Assessors of
taxes.

182

1878. — Chapter 239.

School commit-
tee.

ing, and until their successors are respectively chosen and
qualified. In each succeeding year, as soon after the
organization of the city council as may be convenient, said
council shall elect by joint ballot, in convention, one
assessor of taxes, who shall hold his ofiSce for the term
of three years from the first Monday in March in said
year, and until his successor is chosen and qualified. 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
Commonwealth, and shall be sworn to the faithful per-
formance of the duties of their office. All taxes shall be
assessed, apportioned and collected in the manner pre-
scribed by the laws of the Commonwealth : provided., how-
ever, that the city council may establish additional pro-
visions not inconsistent therewith.

Section 27. The members of the school committee
shall be elected by the qualified voters of the city, at
meetings held in the several wards on the Tuesday next
after the first Monday of December annually, and shall
serve for the term of three years from the first Monday in
January next ensuing. The board of school committee
shall consist of the mayor, ex officio, who shall be chair-
of board* ^"™''° ™^^ °^ ^^® board, and twelve other members, six of whom
shall be selected at lai-ge, and one of whom shall be
. selected from each of the wards of the city, one-third
of whom shall be elected annually, in such manner as the
city council by ordinance may determine : provided, that
all said members shall be elected on a general ticket, and
that at the first election held after this act takes effect
the whole number shall be elected, and shall be divided
into classes to serve for one, two and three years, as may
be prescribed by such ordinance. In case the number of
wards shall be increased the city council may by ordinance
increase the number of the school committee, so that each
additional ward shall be entitled to one member thereof.

Section 28. The overseers of the poor shall consist of
the mayor and the board of aldermen, who shall appoint
an agent, define his duties and fix his compensation. Said
overseers shall have all the powers heretofore conferred
upon the overseers of the poor of the city of Fall River,
and all the powers of overseers of the poor in towns, but
shall receive no compensation for their services.

Section 29. The city council may by ordinance estab-
lish a fire department, to consist of a chief engineer, a
superintendent of fire alarm telegraph, and so many assist-

Mayor to be ex

Overseers of the
poor.

Fire depart-
ment.

1878. — Chapter 239.

183

ant engineers, enginemen, hosemen, and hook and ladder
men, as the city council shall from time to time determine
to be necessary ; and said council shall have authority to
make such provisions in relation to the time and mode of
appointment and the occasion and mode of removal of any
officer or member of said department, to make such regula-
tions in respect to their qualifications and periods of ser-
vice, to define their offices and duties, to fix and pay such
compensation for their services, and in general to make
such regulations in regard to their conduct and govern-
ment, as they shall deem expedient : provided, that the
appointment of superintendent of fire alarm telegraph,
enginemen, hosemen, and hook and ladder men, shall be
made by the mayor and aldermen exclusively. The en-
gineers of the department shall have the powers and
authority in regard to the prevention and extinguishment
of fires, and the performance of the other offices and duties
incumbent upon fire wards, as are vested in and conferred
upon fire wards and engineers of fire departments by the
statutes of this Commonwealth. The city council may,
by ordinance, make regulations concerning the manage-
ment of fires and the conduct of all persons attending or
present thereat, the removal and protection of property
for the examination of any buildings and places where
combustible materials are supposed to be kept or depos-
ited, and to require and enforce the removal of such
materials or substances at the expense of the person or
persons on whose premises the same shall be found, and
the adoption of suitable safeguards against fire, and the
loss or destruction of property thereat. Said city council
may construct reservoirs for water, procure land, build-
ings, furniture, engines, and such other apparatus as may
be necessary for the purposes for the fire department, and
provide for the use, control and preservation thereof. The
city council may appropriate and expend such sums of
money for the relief of firemen disabled in the service of
the city, and for the relief of the families of firemen killed
in the performance of their duty, as they may deem just
and proper.

Section 30. The city council shall have exclusive
authority and power to lay out any new street or town
way, and to estimate the damages any individual may sus-
tain thereby ; but all questions relating to the subject of
laying out, accepting, altering or discontinuing an}^ street
or wa3% shall first be acted upon b}- the mayor and alder-
men ; and any person dissatisfied wdth the decision of the

Engineers.

Regulations
concerning man-
agement of fires.

May construct
reservoirs, aud
procure engines.

Damages for
laying out
streets.

184

1878. — Chapter 239.

Streets and av-
enues to be
lighted.

May establish
ordinances and
by-laws.

Fines and for-
feitures to be
recovered be-
fore the second
district court of
Bristol.

To be paid over
to city treasurer.

city council in the estimate of damages may make com-
plaint to the superior court, or the county commissioners
of the county of Bristol, in term time or vacation, within
one year after such decision ; whereupon the same pro-
ceedings shall be had as are now provided by law in cases
where persons are aggrieved by the assessment of damages
by selectmen, in the forty-third chapter of the General
Statutes and acts in amendment thereof.

Section 31. The city council may cause the streets,
lanes and avenues of the city to be lighted, and for that
purpose may erect posts and construct lamps, lay gas pipes
or other apparatus, in said streets, lanes and avenues, and
do such other things as may be necessary to carry into
effect said purposes.

Section 32. 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 f)ower by law to make and establish, such
ordinances and by-laws to have force and effect within
such city, without revision or approval by the superior
court or any justice thereof; and to modify, amend or
repeal the' same ; and to annex penalties not exceeding
twenty dollars for the breach thereof.

Section 33. All fines, forfeitures and penalties accru-
ing for the breach of any by-law or ordinance of the city
council may be prosecuted for, and recovered before the
second district court of Bristol, holden in said city of Fall
River, by complaint or information, in the same manner in
which other criminal offences are now prosecuted before the
district courts within this Commonwealth, reserving, how-
ever, in all cases, to the party complained of and prose-
cuted, the right of appeal to the superior court then next
to be held in the county of Bristol ; and the appeal shall
be allowed in the same terms, and the proceedings shall be
conducted therein in the same manner as provided in the
statutes of this Commonwealth ; and it shall be sufficient
in all such prosecutions to set forth in the complaint the
offence fully, plainly, substantially and formally ; and it
shall not be necessary to set forth such by-law or ordi-
nance, or any part thereof. All fines, forfeitures and pen-
alties so recovered and paid shall be paid to the treasurer
of the city of Fall River, and shall inure to such uses
as the city council shall direct. When any person, upon
any conviction before the second district court of Bristol
for the breach of any by-law or ordinance of the city coun-
cil, shall be sentenced to pay a fine, or ordered to pay any

1878. — Chapter 239. 185

penalty or forfeiture provided by any such by-law or ordi-
nance, or upon claiming an appeal shall fail to recognize
for his appearance at tiie court appealed to, and there to
prosecute his appeal, and to abide the sentence or order of
the court thereon, and in the mean time to keep the peace
and be of good behavior, and upon not paying the fine,
penalty or forfeiture and costs so assessed upon him, he
shall be committed to jail, there to remain until he shall
pay such fine, forfeiture or penalty, and costs, or be other-
Avise discharged according to law.

Section 34. Chapter two hundred and fifty-seven of Repeal of i854,
the acts of the year eigliteen hundred and fifty-four, ^"'^•
entitled "An Act to establish the City of Fall River,"
and sundry acts in amendment of the same, are hereby
repealed : provided, that such repeal shall not revive any proviso.
law heretofore repealed or superseded, nor any office here-
tofore abolished ; it shall not affect any act done, or any
right accruing, accrued or established, or any proceedings,
doings or acts ratified or confirmed, or any suit or pro-
ceeding had or commenced before the repeal takes effect,
but the proceedings therein shall when necessary conform
to the provisions of this act; it shall not affect any penalty
or forfeiture incurred before it takes effect under any of
the laws repealed, except that where a punishment, pen-
alty or forfeiture is mitigated by the provisions of this act,
such provisions may be extended and applied to any judg-
ment pronounced after said repeal; it shall not affect any Pending suits
suit or prosecution pending at the time of the repeal for an ^°^^° ^^ ^^^''^•
offence committed, or for the recover}^ of a penalty or for-
feiture incurred under any of the acts repealed, except
that the proceeding therein shall when necessary conform
to the provisions of this act ; and when a limitation or
period of time prescribed in any of the acts repealed for
acquiring a right or barring a remedy, or any other i:)ur-
pose, has begun to run, and the same or similar limitation
is prescribed in this act, the time of limitation shall con-
tinue to run and shall have like effect as if the whole
period had begun and ended under the operation of this
act. All persons who at the time when said repeal takes
effect hold any office under any of the acts repealed, shall
continue to hold the same according to the tenure thereof,
except those offices which have been abolished and those
as to which a different provision has been lawfully made.
The provisions of this act so far as they are the same Continuation of
as those of the existing charter, shall be construed as a existing provis-
continuation thereof and not as new enactments ; and ref-

186

1878. — Chapter 239.

erences in laws not repealed to provisions of laws incorpo-
rated, into this act shall be construed as appl^'ing to the
same provisions so incorporated ; and provided^ also, that
all the ordinances and by-laws of the city of Fall River
which shall be in force at the time when the said repeal
shall take effect, shall continue in force until the same are
repealed by the city council, and all persons holding office
under such ordinances and by-laws shall continue to hold

such offices according to the tenure thereof.

Subject to ac-
ceptance by the
voters.

Mayor to make
proclamation,
upon accept-
ance.

The legisla-

ture may at any time alter, amend or repeal this
act.

Section 35. This act shall take effect on its passage,
but be void unless accepted by the qualified voters of the
city of Fall River present and voting by ballot " Yes " or
" No " at meetings warned for the purpose in the several
wards by the board of aldermen, to be held on or before
the seventh day of November next ; and it shall be the
duty of the board of aldermen, within thirty days of the
passage of this act, to cause a sufficient number of copies
hereof to be printed and distributed among the voters of
said city, and to warn meetings in the several wards to be
held on some day within sixtj' days after such passage, and
to furnish at such meetings a sufficient number of ballots
printed separately with the word "■ Yes " and the word
" No ; " and at such meetings the same proceedings shall be
had, respecting the receiving, sorting, counting, declaring,
recording and making returns of votes, as is provided by
law for elections in cities ; and the board of aldermen
within two days after such meetings shall 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 board of
aldermen may if they see fit 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
Commonwealth, and thereupon this act shall have full
force and effect. Approved May 10, 1878.

1878. — Chapter 240.

187

Newbnryport
may supply
itself with
water.

May take water
from Kimball's
Pond, and con-
vey tb rough the
city.

An Act to supply the city of newburyport with water. Chap. 240
Be it enacted, &c., as follows:

Section 1. The city of Newburvport is hereby author-
ized to supply itself and its inhabitants with pure water
to extinguish fires, generate steam, and for domestic and
other uses, and may establish public fountains and hy-
drants, and regulate their use, and may discontinue the
same, and may collect such rents as may be fixed for the
use of such water.

Section 2. Said city for the purposes aforesaid may
take and hold the water, or so much thereof as may be
necessary, not exceeding one and a half million of gallons
daily, of any springs, natural ponds or brooks within the
limits of said city, or of Kimball's pond in the towns of
Amesbury and Merrimac, or any of the effluents from
said pond ; and may convey said waters or any part thereof
into and through said city and said town of Amesbury
and the town of Salisbury ; 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 city and of said towns of Amesbury and Salisbury ;
and may erect thereon proper dams, reservoirs, buildings,
fixtures and other structures, and make excavations and
embankments, and procure and run machinery therefor ;
and for such purposes may construct and lay down con-
duits, pipes and 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 unnecessaril}'- obstruct the same ; and for the purpose
of constructing, laying down, maintaining and repairing
such conduits, pipes and drains, and for all other purposes
of this act, may dig up, raise and embank any such land,
street, highway or other way, in such manner as to cause
the least hindrance to travel thereon ; and in general may
do any other acts and things necessary or convenient and
proper for carrying out the purposes of this act. In case
either of the towns in which said Kimball's pond is situ-
ated, should hereafter apply for authority to take water
from the same, the powers hereby granted shall not be con-
strued as creating any priority of right or operate to the
prejudice of such application.

Section 3. Said city of Newbury port may by vote of „ ^ ,

*' tj X xj J May QGCl3-rG dv

its city council declare the quantity of water proposed to vote of city
be taken under this act, not exceeding one and a half mil- quantity of wa-

May erect dams
and reservoirs.

May dig up
streets and
highways.

188

1878. — Chapter 240.

ter proposed to
be taken.

To file in regis
try of deeds a

de:^cription of
the land and
■waters taken.

Liability of city
for damages.

Assessment of
damages.

lion of gallons daily, sucli vote to be passed not less than
six months before the waters shall be withdrawn from said
springs, ponds or brooks ; and within sixty days from the
time it shall take any lands, springs, ponds, brooks or
water for the purposes of this act, otherwise than by pur-
chase, said city shall file in the registry of deeds for the
southern district of the county of Essex, a description of
such lands, springs, ponds, brooks or water, sufficiently
accurate for identification, with a statement of the pur-
poses for which the same are taken, together with a copy
of such vote, if any has been passed, signed by the mayor
of said city ; and upon such filing the terms of such vote
shall be the measure and limit of the right of said city to
take and divert the waters of such springs, ponds or
brooks; but if no such vote is so passed and filed said meas-
ure and limit shall be one and a half million of gallons
daily. If at any time said city shall take a larger quantity
of water than said limit, it may be restrained b}^ injunction
from taking such larger quantity, in a suit in equity
brought by any party interested.

Section 4. Said city of Newburyport shall be liable
to pay all damages that shall be sustained by any person
or persons in their property by the taking of said waters
or any part thereof as authorized by this act, or by the
taking of any land, rights of way, water rights or ease-
ments, or by the erection of any dams, or the construction
of any aqueducts, reservoirs, water-ways, or other works
for the purposes of this act ; and if the owner or owners
of any property which shall be taken as aforesaid, or other
person or persons sustaining damages as aforesaid shall not
agree on the damages to be paid therefor, he or they may
apply by petition for an assessment of the damages at
any time with three years from the taking of the said
property, or the construction of dams or other works
occasioning damages as aforesaid, and not afterwards, to
the supeiior court in the county in which the same are sit-
uated. Such petition may be filed in the clerk's office of
said court, in vacation or in term time, and the clerk shall
thereupon issue a summons to the said city of Newbuiyport,
returnable, if issued in vacation, at the next term of the
said court to be held after the expiration of fourteen days
from the filing of said petition, and if in term time, re-
turnable on such day as said court shall order, to appear
and answer to the said petition ; the said summons shall be
served fourteen days at least before the term or da}^ at
which it is returnable, by leaving a copy thereof and of

1878. — Chapter 240.

189

the said petition, certified b}' the officer who shall serve
the same, with the clerk of said city ; and the said court
may upon default or hearing of said city, appoint three
disinterested persons, who shall after reasonable notice to
the parties assess the damages, if any, which such peti-
tioner may have sustained as aforesaid ; and the award of
the said persons so appointed, or a major part of them,
being returned into and accepted by the said court, shall
be final and judgment shall be rendered and execution
issued thereon for the prevailing party, with costs, unless
one of said parties shall claim a trial by jury as hereinafter
provided.

Section 5. If either of the parties mentioned in sec-
tion four shall be dissatisfied with the amount of damage
awarded as therein expressed, such party may, at the term
at which such award was accepted, or the next term there-
after, claim in writing a trial in said court, and have a jury
to hear and determine at the bar of said court all questions
of fact relating to such damages, and to assess the amount
thereof; and the verdict of said jury being accepted and
recorded by the said court, shall be final and conclusive,
and judgment shall be rendered and execution issued there-
on, and costs shall be recovered by the said parties respec-
tively in the same manner as is provided by law in regard
to proceedings relating to the laying out of highways.

Section 6. If said city takes the water from Kimball's
pond or any of its effluents, it shall lay its aqueduct or
main pipe for conducting the same to said city, by some
convenient route through the town of Amesbury. The
inhabitants of any town upon the line of the works au-
thorized by tliis act, upon the application of its board of
selectmen, shall be entitled to the reasonable use of the
water, for the same uses as are herein before provided,
upon paying an equitable compensation therefor, which in
case of difference shall be determined by three commis-
sioners, to be appointed by the supreme judicial court
upon application of either party, and notice to the other,
whose award when accepted by said court, shall be bind-
ing upon the parties for the term of five years.

Section 7. Any town under whose roads, streets or
wa^'s, said city lays its aqueduct or main pipe, may require
said city to insert therein proper hydrants, at points not
less than five hundred feet apart, to be used for the pur-
pose of extinguishing fires, and for no other purpose. The
expense of inserting said hydrants and keeping the same
in repair shall be paid by such town.

Award to be
final.

Parties dissatis-
fied with award
may liave trial
by a jury.

Main pipe from
Kimball's pond
to be laid
through Ames-
bury, and inhab-
itants to have
use of water.

Hydrants in
towns through
which aque-
duct IB laid.

190

1878. — Chapter 240.

Damages not to
be claimed until
water is with-
drawn.

Penalty for
diverting water
or rendering it
Impure.

" Newburyport
Water Bonds "
not to exceed
$250,000.

Water commis-
sioners to be
cliosea.

Section 8. No application shall be made to the court
for the assessment of damages for the taking of any water-
rights, or for any injury thereto, until the water is actually
withdrawn or diverted by said city under the authority of
this act.

Section 9. If any person shall use any water taken
under this act without the consent of said city, or shall
wantonly or maliciously divert the water, or any part there-
of, taken or held by said city pursuant to the provisions of
this act, or corrupt the same, or render it impure, or destroy
or injure any dam, aqueduct, pipe, conduit, hydrant, ma-
chinery or other works or property held, owned or used by
said city of Newburyport under the authority of and for
the purposes of this act, he shall forfeit and pay to said
city three times the amount of damage assessed therefor,
to be recovered in an action of tort ; and on conviction of
either of the wanton or malicious acts aforesaid, maiy be
also punished by fine not exceeding three hundred dollars,
or by imprisonment in jail not exceeding one year.

Section 10. For the purpose of paying all necessary
expenses and liabilities incurred under the provisions of
this act, said city shall have authority to issue coupon
bonds to be denominated " Newburyport Water Bonds,"
to be signed by the treasurer of said city, to an amount
not exceeding two hundred and fifty thousand dollars, pay-
able at periods not exceeding thirty years from the date
thereof, with interest payable semi-annually at a rate not
exceeding six per centum per annum ; and said city may
sell said bonds at public or private sale, or pledge the same
for money borrowed for the purposes of this act, upon such
terms and conditions as it may deem proper. And the
city council of said city is hereby authorized from time to
time to appropriate, grant and assess such sum or sums of
money as shall be deemed expedient, towards paying said
expenses, or the principal of the money so borrowed or
obtained, and the interest thereof in the same manner as
money is appropriated, granted and assessed for other city
purposes.

Section 11. The rights, powers and authority granted
to the city of Newburyport by this act shall be vested in
and exercised by a board of water commissioners, consist-
ing of three citizens of said city, who shall be chosen by
the city council, by joint ballot of both branches. The
said commissioners shall during their continuance in office
execute, superintend and direct the performance of all the
works, matters and things mentioned in the preceding sec-

1878. — Chapter 240. 191

tions which are not otherwise specifically provided for in To have charge
this act; and shall be subject to such ordinances, rules and Kovcrncci by'
regulations, in the execution of their said trust, as the city b"' tht°cuy "oun-
council may from time to time ordain and establish, not <=''•
inconsistent with the provisions of law. They shall serve
for the period of three 3-ears from the time of their ap-
pointment, unless the construction of the works herein
contemplated shall be sooner finished. Thereafter the
rights, powers and authority granted to the said city by this
act shall be vested in and exercised by a board of water
commissioners, consisting of three citizens of said city, who
shall be chosen by the city council, by joint ballot of both
branches, one for the term of one year from the first Mon-
day of January in the year eighteen hundred and eighty-
one, one for the term of two years, one for the term of
three years, and annually thereafter one water commissioner
shall be chosen to serve for the term of three years. Said
commissioners shall receive such compensation as the city
council of said city may prescribe, and a majority of said
commissioners shall be a quorum for the exercise of the
powers and duties prescribed by this act.

Sectiox 12. The said water commissioners shall estab- To establish
lish such prices or rents for the use of the water, as to pro- wTtun°'^ "^^ "^
vide annually, if practicable, from the net income and
receipts therefor, for the payment of the interest on said
water bonds, and also after three years from the introduc-
tion of the water into said city, for the further payment of
not less than one per centum of the principal of said bonds.
The net surplus income and receipts, after deducting all
exiDcnses, interest and charges of distribution, shall be set
apart as a sinking fund, and applied solely to the payment
of the principal of said bonds, until the same are fully paid
and discharged. The " commissioners of sinking fund," as
now established by ordinance of said city, shall be trustees
of said fund, and shall annually, and as often as the city
council may require, render an account of all their doings
in relation thereto.

Section 13. The occupant of any tenement shall be Liability of
liable for the payment of the rent for the use of the water owner.^°*^
in such tenement ; and the owner thereof shall be also
liable, if on being notified of such use, he does not object
thereto.

Section 14. This act shall take effect upon its passage, subject to ac-
and shall become void unless accepted by a vote of two- twthirds vote.
thirds of the legal voters of the city of Newburyport,
present and voting thereon, at a legal meeting which shall

192

1878. — Chapter 241.

be called in their several ward rooms for that purpose, by
the mayor and aldermen of said city, within one year from
the passage of this act, at which meeting the check list
shall be used. Approved May 11, 1878.

Chap. 241 -^N Act to amend chapter eighty-eight of the general

STATUTES RELATING TO INNHOLDERS AND COMMON VICTUAL-
LERS.

Innholders to
have beds and
food for travel-
lers.

Stable-room.

Common vict-
uallers to have
food for travel-
lers.

Innholder's
license not to be
granted unless
premises are
supplied as re-
quired.

Common vict-
ualler's license
not to be issued
without re-
quired facilities.

Penalty on inn-
holder for refus-
ing to receive
travellers.

Penalty on vict-
ualler for refus-
ing food to
travellers.

Be it enacted, &c., as follows:

Section 1. Every innholder shall at all times be fur-
nished with suitable provisions for the supply of food for
strangers and travellers, and shall also have upon his prem-
ises suitable rooms, with beds and bedding, for lodging
strangers and travellers. He shall also be furnished with
stable-room, hay and provender for the horses and cattle
of his guests, whenever the authorities issuing the license
shall so require.

Section 2. Every common victualler shall be at all
times furnished with suitable provisions for the supply of
food for strangers and travellers.

Section 3. No innholder's license shall be granted or
issued to any person unless at the time of making appli-
cation for the same he shall have upon his premises the
necessary implements and facilities for cooking, preparing
and serving food for the purposes specified in section one
of this act, and with the rooms, beds and bedding specified
in said section ; nor unless he shall have the stable-room and
provender for horses and cattle required by said section.

Section 4. No common victualler's license shall be
granted or issued to any person unless at the time of mak-
ing application for the same he shall have upon his prem-
ises the necessary implements and facilities for cooking,
preparing and serving food for strangers and travellers.

Section 5. If an innholder, when requested, refuses
to receive and make suitable provisions for a stranger or
traveller, and also for his horses and cattle, when he may
under the provisions of this act be legally required so to
do, he shall upon conviction be punished by a fine not
exceeding fifty dollars ; and any person so convicted shall
in addition to said penalty forfeit his license.

Section 6. If a common victualler, when requested,
upon any other than the Lord's day, refuses to supply food
to a stranger or traveller, he shall upon conviction be pun-
ished by a fine not exceeding fifty dollars ; and any per-
son so convicted shall in addition to said penalty forfeit his
license.

1878. — Chapter 2^2.

193

Issuance of
license.

Section 7. Whenever in the opinion of the mayor and Licenses may
aldermen of any city or the selectmen of any town, any ^"^ ''^vokea.
person holding a license as an innholder or a common
victualler ceases to be engaged in the business he is
licensed to pursue, or fails to maintain upon his premises
the implements and facilities required by this act, they
shall immediately revoke the same.

Section 8. No innliolder's or victualler's license shall
be issued until it has been signed by the mayor and a
majority of the aldermen of the city, or by a majority of
the selectmen of the town, in which it is granted. Any
mayor, alderman or selectman may refuse to sign any
license granted to a person who in his opinion has not com-
plied with the provisions of this act, and any such officer
who shall sign any license granted contrary to the pro-
visions of this act shall upon conviction be punished with
a fine not exceeding fifty dollars.

Section 9. All licenses issued under the provisions of
this act shall expire on the first day of April of each year.
Licenses may be granted during the preceding month of
March to take effect upon said first day of April, and after
that day may be granted at any time for the remainder of
the 3'ear, when the officers authorized to issue the same
deem it expedient.

Section 10. Sections three, eight, nine and thirteen
of chapter eighty-eight of the General Statutes are here-
by repealed.

Section 11. This act shall take effect upon its passage.

Ax)proved May 11, 1878.

Licenses to ex-
pire on tlie first
day of April.

Repeal of G. S.,
88, §§ 3, 8, 9, 13.

Ax Act to reorgaxize the state detective forge.
Be it enacted, t&c, as follows :

Section 1. Hereafter the state detective force shall
consist of not less than twenty-five nor more than thirty
members, including the chief; and the governor may re-
move from said force such members thereof as are in his
judgment unfitted for its duties.

Section 2. Each member of said force shall once in
each week render to the chief a written report of all his
doings, and the chief at the end of each month shall ren-
der to the governor a written report of the doings of said
force, summarizing the aforesaid weekly reports of the
members thereof.

Section 3. No moneys shall be paid to or for the
account of the chief or any member of said force, or any
person employed by them, except as provided in section six

Chap. 242

Detective force
to consist of not
less than twen-
ty-five nor more
than thirty
members.

Reports.

Compensation
of chief and
members of the
force.

194

1878. — Chapter 243.

Voting pre-
cincts to be es-
tablished by the

assessors.

Precincts to be
designated by
numbers or let-
ters.

of chapter fifteen of the acts of the year eighteen hundred
and seventy-five.

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

Ajij^rovecl May 11, 1878.

L'hap. Z±o An Act in relation to registration and elections in the

CITY OF BOSTON.

Be it enacted, &c., as follows:

Section 1. On or before the first day of September in
the current year, each ward of the city of Boston shall be
divided by the board of assessors of taxes in said city into
voting precincts, each consisting of compact and contigu-
ous territory within said ward, and containing as nearl}- as
may be five hundred registered voters. The registration
in the year eighteen hundred and seventy-seven shall be
taken as the basis of such division. Said precincts shall be
designated by numbers or by letters of the alphabet. In
the year eighteen hundred and eighty-six, as soon as prac-
ticable after the division of the city into new wards as now
provided b}^ law, and every fifth year thereafter, the said
wards shall be divided by said board of assessors into vot-
ing precincts on the basis of the registration of voters in
the preceding year.

Section 2. In each voting precinct there shall be the
following election officers : that is to say, at the annual
city election, except in the current 3^ear, one person shall
be chosen in each precinct as warden, and one person as
clerk ; and the mayor, at some time before the first day of
October in each year, except the current year, shall with
the approval of the board of aldermen appoint for each
voting precinct two inspectors, qualified voters in the ward
of which such precinct forms a part, who shall be men
of good repute and standing, and from different politi-
cal parties. Each of these officers shall be sworn to the
faithful discharge of his duties, and shall hold office for
one year from the said first day of October. In case of any
vacancy in the office of inspector, or in case either of said
inspectors shall decline to act in that capacity before the
first day of November in any year, the mayor may, with the
approval of the board of aldermen, make an appointment
of some person of good repute and standing to fill said
office ; and in making such appointment it shall be his
duty to select some person of the same political party with
the original incumbent of said office ; and every person so
appointed shall be sworn to the faithful discharge of his
duties. In case of a vacancy in the office of warden, clerk

Warden and
clerk to be elect-
ed in each pre-
cinct.

Two inspectors
to be appointed.

1878. — Chapter 243. 195

or inspector of a precinct on the cla}^ of any election, sueli vacancies.
vacancy shall be filled pro tempore by the voters of said
precinct by nomination and hand vote. The wardens,
clerks and inspectors appointed or elected as herein provid-
ed shall have the same powers, and except as hereinafter
provided be subject to the same duties and liabilities, as
the wardens, clerks and inspectors now holding office in
said city.

Section 3. The terms of office of all ward officers warden, cierk
heretofore chosen shall expire on the day before the next ?" b'°appointed
annual state election; and the mayor and aldermen shall nuaf8mc?ioc"'
previous to that date appoint from the legal voters in each tio°-
ward one warden, one clerk and two inspectors for each
precinct within said ward, who shall officiate in their
several capacities on the day of said state election. The
inspectors so appointed shall be selected from different
political parties, and shall hold office until the first day of
October of the following year ; and the wardens and clerks
so appointed shall hold office only during the state election
of the current year. At said state election there shall be
chosen a warden and clerk in each precinct, who shall hold
office until their successors are chosen as provided in the
foregoing section. And in every year in which a new Terms of office
division of the wards into voting precincts is made, as here- viS'^onrafcL
in before provided, the terms of office of the election officers
then holding office shall expire before the next annual state
election, and the same proceedings shall be had in the
appointment and election of officers for the new precincts
as are herein provided for the precincts established in the
current year.

Section 4. The board of aldermen shall, at least ten warrants to be
days before any election, issue their warrants for the legal semwing of'vot.
voters of each or any ward as may be required, to assem- "i polling plJces
ble at the several polling places within said ward at the within the

,„, ^ Oi . -I • , wards.

time and for the purpose stated ni said warrants ; and it

shall be the duty of the officers of each precinct to receive, JmLke* returns

sort and count the ballots cast at such election, and to tocUycierk.

make returns in the manner provided by law, to the city

clerk, of the results of such election, and of the number of

votes cast for each officer, except the warden and clerk of

said precinct. When an election is held in any precinct

for a warden or clerk of said precinct, it shall be the duty

of the officers presiding at such election to send a certificate

of election to the person chosen to either of said offices.

Section 5. The board of aldermen shall, thirty days at Ifl'^i^g^^X''
least before the day of each election, designate and appoint

196

1878. — Chapter 243.

.ind appointed
by aldermen.

No building to
be used where
intoxicating liq-
uor is sold.

Lists of voters
to be posted in
each voting
precinct.

Application for
assessment of
poll tax not to
be made after
first day of
September.

Collector to des-
ignate times and
pliices in each
ward or precinct
for payment of
taxes.

Person assessed
for poll tax on-
ly, to be notified
by circular.

Changes and
corrections of
assessed names.

the polling place in each of the voting precincts in the city,
and procure the same for such purpose and cause it to
be fitted up and prepared therefor. Such place shall
be in the most public, orderly and convenient portion of
the district ; and no building or part of a building shall be
so designated or used in which, or in any part of which,
intoxicating liquor is sold or has been sold within thirty
days next preceding the day of election.

Section 6. The assessors of taxes in the city of Boston
shall, on or befoie the fifteenth day of July in each year,
except in the year eighteen hundred and seventy-eight,
make, print and post, in at least one j)ublic place within
each voting precinct, street lists arranged by voting pre-
cincts so as to show under the number of the house, or if
there is no number then under such other definite descrip-
tion of the location of the dwelling place as will enable it
to be readily ascertained, the names of all persons resident
in each dwelling, and assessed for poll taxes; and shall
also send such number of copies thereof as may be required
to the registrars of voters.

Section 7. Any person not assessed for a poll tax
who is entitled to be so assessed, may, not later than the
first day of September in each year, apply to the board of
assessors to be assessed ; and said board shall hold before
that date not less than ten evening sessions for the per-
formance of the duties imposed on them by this section.

Section 8. The collector shall fix convenient times
and places in each ward or precinct, extending to not later
than the fifteenth day of October in each year, for the
payment of taxes to himself or a deputy collector, and of
the times so appointed not less than six shall be in the
evening ; and he shall give public notice thereof by adver-
tisements in at least two daily newspapers printed in Bos-
ton, one of which shall be an evening paper, and also by a
circular or card addressed to each person, assessed for a
poll tax only, and delivered through the mail or otherwise.
Said circulars or cards shall be delivered on or before the
second day of September in each year, and the sessions to
be held by said collector under the provisions of this act
shall begin as soon after the second day in September of
each year as may be necessary. No tax bills for poll taxes
only shall hereafter be distributed to or for the persons
assessed before payment thereof.

Section 9. All changes or corrections of assessed
names shall be made by the board of assessors on a form
or certificate specially prepared for the purpose ; on pres-

1878. — Chapter 243.

197

entation of which to the collector of taxes, he shall make
the corresponding change or correction on the list of
assessed polls committed to him by the assessors of taxes,
and also on the tax bill before it is receipted or delivered,
and shall affix thereto his official stamp, wliich shall be the
only authority recognized by the registrars of voters in
adopting said changes or corrections for the purposes of
registration.

Section 10. If any person assessed for a poll tax only
shall have lost his receipt therefor he may make application
to the board of assessors for proof of assessment, who, if
satisfied that he is the person he claims to be and that his
tax bill has been lost or destroyed, shall furnish him with
a statement giving his name, residence, ward, and page of
assessment ; which statement shall be presented by the
app)licant to the collector of taxes, who shall issue to him
a certificate, different in color, size and appearance from
the original tax bill, setting forth that said tax has been
paid.

Section 11. After the ward lists of qualified voters
are printed and posted as now required by law, no name
shall be added thereto, unless the applicant for registration
appears in person before the registrars or assistant regis-
trars.

Section 12. The city registrar shall, on the first day
of every month, and also two days before every election,
send to the registrars of voters a list, by wards, of male
persons over twenty-one years of age deceased within the
preceding month, or since the last time of sending such
list ; and the names of such persons found upon the voting
lists shall be erased tlierefrom.

Section 13. If the name of a qualified voter shall be
erroneously erased from the published voting list, he may
apply to the registrars of voters at any time before the
closing of the polls for its restoration ; and if he shall prove
that his claim be valid his name shall be restored to the
voting list; and he shall be given a certificate thereof, if
such restoration is made on the day of election ; on presen-
tation of which to the officers of the precinct in which he
was entitled to be registered, he shall be allowed to vote
therein ; and the certificate shall be returned and preserved
in like manner with the ballots cast in said precinct.

Section 14. On complaint in writing, under oath,
made by any voter of the city at least seven days prior to
an election, setting forth that he has reason to believe, and
does believe, that any one whose name is on the voting list

Certificate of
payment in case
of loss of tax
receipt.

Names not to
be added to
posted list ex-
cept upon per-
sonal applica-
tion of voter.

Names of per-
sons deceased,
to be erased
from voting
lists.

Name errone-
ously erased
from list, may
be restored.

Name may be
stricken from
list, wlien com-
plaint is made
under oath, and
after examina-
tion.

198

1878. — Chapter 243.

Proof of identi
ty or qualifica-
tions of appli-
cant for regis-
tration.

Registration to
cease at ten
o'clock P.M. of
the fourteenth
day preceding
any election.

Person becom-
ing of age before
next election,
may be admitted
to registration.

Ballot box to be
shown to be
empty, and not
to be taken from
public view
while polls are
open.

Name and resi-
dence of voter
to be announced
in a loud voice
by inspector.

has not the legal qualifications of a voter, and setting forth
the nature of the alleged disqualification, it shall be the
duty of the registrars, if they shall be satisfied that there
is reasonable ground for such complaint, to summon such
person to appear before them at a time and place named,
and to examine him under oath in regard to the matter set
forth in the complaint ; and if satisfied that he is not a
qualified voter, his name shall be stricken from the list.

Section 15. If the registrars are not satisfied as to the
identity or qualifications of an applicant for registration,
they may make such examination of said applicant, under
oath, as they may consider necessary or proper, to verify
the fact that he is possessed of the constitutional require-
ments of a voter ; and said registrars as soon after the
second day of September in each year as may be necessary,
shall hold evening sessions in or near each ward for the
performance of any and all the duties imposed upon them
by the provisions of this act : provided, however, that they
shall hold not less than ten evening sessions prior to the
annual state or municipal election.

Section 16. The registration of voters shall cease at
ten o'clock in the evening of the fourteenth day preceding
the day of any election ; and no name shall thereafter be
entered on the voting lists except as provided in section
ten, chapter three hundred and seventy-six, of the acts
of the year eighteen hundred and seventy-four, or to re-
store a name erroneously stricken off as herein before pro-
vided.

Section 17. If any person who will become twenty-
one years of age before the election next ensuing shall
make application to the registrars for registration in order
to entitle him to vote at such election, he shall be admitted
to registration, provided the registrars shall be satisfied
that he will be of age before such election, and that he has
the other constitutional qualifications of a voter, and is the
identical person he professes to be.

Section 18. One ballot box only shall be used in each
voting precinct ; and before voting begins the ballot box
shall be shown to be empty ; and it shall not be removed
from the public view from the time when it is so shown to
be empty until after the close of the polls.

Section 19. Every person offering to vote shall give
his name and residence, and the same shall be announced
in a loud and distinct tone of voice by one of the inspectors ;
and no ballot shall be received until the name shall have
been found upon the list, and properly checked. After

1878. — Chapter 244.

199

the canvas lias been completed by the election officers, the
ballots and voting lists shall be sealed up, transmitted to
the city clerk, and preserved in the manner now provided
b}' law.

Section 20. All applications, certificates or affidavits
taken by the board of assessors or registrars of voters,
under this act, shall be preserved for two years.

Section 21. Any person who shall wilfully and cor-
ruptly take any false oath or affirmation in making any
application, certificate, complaint or affidavit or upon any
examination provided for in this act, shall be deemed guilty
of perjury.

Section 22. Any person who shall wilfully and cor-
ruptly instigate, advise, induce, or procure any other per-
son to take any false oath or affirmation in making any
application, certificate, complaint or affidavit, or upon any
examination provided for in this act, shall be deemed guilty
of subornation of perjury.

Section 23. Any registrar, assistant registrar, assessor,
assistant assessor, collector, assistant collector, warden,
clerk or inspector of elections, who shall wilfully violate
any provision of this act, shall be punished by imprison-
ment not exceeding one year, or by a fine not exceeding
one hundred dollars.

Section 24. This act shall take effect upon its passage ;
but any election which may be held previous to the next
state election shall be conducted according to the provis-
ions of the laws heretofore regulating the same.

Approved May 11, 1878.

BiiUots and littH
to be sealed up.

Certificates, &c.,
to be preserved
for two years.

I'erson taking
false oath, to be
deemed guilty
of perjury.

Person Inducing
false oath to be
taken, deemed
guilty of subor-
nation of per-
jury.

Penalties on offi-
cers.

Not to affect
elections pre-
vious to next
state election.

An Act in relation to the police department of the city of Chap. "241

BOSTON.

Be it enacted, &c., as folloios:

Section 1. The mayor of the city of Boston may ap- poiice commis-
point, subject to the approval of the city council, three ^^'^^^^^°^^^'^'
able and discreet persons to constitute a board of police
commissioners in said city. The terms of office of said Terms of oface.
commissioners shall be so arranged at the time of their ap-
pointment that the term of one shall expire on the first
Monday in May in each year after the year eighteen hun-
dred and seventy-eight ; and the vacancy so created, as well
as all vacancies occurring otherwise, shall be filled by the
mayor, with the approval of the city council. Any mem-
ber of said board may be removed at any time by the Removal from
mayor for cause ; or he may be removed by vote of two- "*''''■

200

1878. — Chapter 244.

Powers in rela-
tion to adminis-
tration of police,
and powers and
duties of license
commissioners
conferred upon
police commis-
sioners.

Licensing pub-
lic shows, etc.

Commissioners
to appoint po-
licemen.

Superintendent,
deputy and cap-
tains appointed,
subject to ap-
proval of mayor.

Rules and regu-
lations.

Powers and du-
ties.

thirds of the whole of each branch of the city council by-
vote taken by yea and nay.

Section 2. All the powers vested by the statutes of
the Commonwealth in the board of aldermen of the city
of Boston in relation to the administration of police, and
the appointment of watchmen and policemen in said city,
and all the poAvers and duties conferred upon the board of
license commissioners, appointed under the provisions of
section twenty, chapter ninety-nine, of the acts of the year
eighteen hundred and seventy-five, shall be and herebj^are
vested in the said board of police commissioners; and
said board may also be empowered by the city council to
exercise all or any of the j)owers conferred b}' the statutes
of the Commonwealth upon the board of aldermen, the city
council or the city of Boston, in relation to licensing, regu-
lating and restraining theatrical exhibitions, public shows
and public amusements, billiard tables, bowling alleys, inn-
holders and victuallers, auctioneers, hawkers and peddlers,
carriages, wagons and other vehicles, intelligence offices,
itinerent musicians, pawnbrokers, and dealers in second
hand articles and old junk.

Section 3. The said board of police commissioners
shall appoint a superintendent of police, a deputy superin-
tendent of police, and such number of captains, inspectors,
sergeants, patrolmen, clerks and other officers as the city
council may from time to time by ordinance prescribe :
provided^ lioivever^ that the appointment of the superin-
tendent of police, the deputy superintendent of police and
the captains of police shall be subject to approval by the
mayor of the city. Any of said officers or members of the
department may be removed by the board for cause. The
compensation of the commissioners and the officers of each
grade shall be fixed from time to time b}^ ordinances of the
city council.

Section 4. The government and discipline of the
police department shall be such as the said board of police
commissioners may from time to time by rules and regula-
tions prescribe. The superintendent of police, appointed
as herein before provided, shall have and exercise all the
powers and duties which b}^ the laws now in force are held
and exercised by the chief of police of the city of Boston ;
and the other officers and patrol policemen, appointed as
herein before provided, shall have and exercise all the
powers and duties which by the laws now in force are held
and exercised by the watch of the city of Boston or by the
police of said city.

1878. — Chapter 244.

201

Section 5. The said board of police commissioners
may, by tlie affirmative vote of all the members, and with
the approval of the mayor, retire from office in said police
department any captain, inspector, sergeant or patrolman
who has become disabled while in the actual performance
of duty, or who has performed faithful service in the de-
partment for a period of not less than fifteen consecutive
years, and place the officer so retired upon a pension roll,
and allow him an amount not exceeding one-third the an-
nual salary or compensation of the office from which he is
so retired. But no such officer shall be placed on the pen-
sion roll unless it shall be certified to the board in writing,
by the city physician, that the officer is permanently inca-
pacitated, either mentally or physically, from performing
his duty as a member of the department, nor unless due
notice is given to the officer of the intention to place him
on the retired list. And said commissioners may, with the
approval of the mayor, expend such sums as may be
specially appropriated therefor by the city council for the
relief of widows of police officers who have been killed in
the execution of their duty, or have died from the effect of
injuries received in the execution of their duty. For the
payment of the pensions herein authorized the commis-
sioners may draw from time to time upon the trustees of
the fund for the relief of disabled police officers, estab-
lished by an ordinance of the city council the seventeenth
day of June in the year eighteen hundred and seventy;
and may also apply, if necessary, in addition to the income
from said fund, any sums which may be specially appro-
priated therefor by the city council.

Spxtion 6. The appointment of railroad police in the
cit}^ of Boston, as authorized under the provisions of chap-
ter three hundred and seventy-two of the acts of the year
eighteen hundred and seventy-four, shall be made by the
said police commissioners ; and said commissioners may, if
they deem it expedient, upon the written application of
any responsible corporation or person, appoint for a term
not exceeding one year, suitable persons to be special police
officers, to serve without pay from the city, under such
rules and regulations as the commissioners deem expedient,
with the power of police officers to preserve order and to
enforce the laws and the ordinances of the city in and
about any place of amusement, place of public worship,
wharf, manufactory, or other locality specified in the appli-
cation : j)rovided, that such corporations or persons shall
give bond to the city treasurer, satisfactory to the city so-

■Disabled police-
men may be re-
tired with pen-
sions.

Relief of widows
of officers.

Railroad police.

Special police.

CorporationB to
give bond.

202

1878. — Chapter 245.

Commissioners
may appoint
special patrol-
men without
pay-

Mayor may as-
sume command
of police at any
time.

Powers and du-
ties of commis-
sioners may be
regulated by
ordinance.

Members of
force to contin-
ue in oflice.

Repeal.

Chap. 245

Commissioners
to designate
crossing, unless
method and
place is agreed
upon by rail-

licitor, to be liable to parties aggrieved by any official mis-
conduct of such police officer to the same extent as for the
torts of agents and servants in their employment ; and pro-
ceedings may be had upon said bonds in the same manner
as upon the bonds of constables. A record of such ap-
pointments shall be kept in the office of the commissioners ;
and any appointments so made may be revoked by the said
commissioners at any time.

Section 7. The said board of police commissioners
may, upon an emergency or apprehension of riot, tumult,
mob, insurrection, pestilence or invasion, appoint as many
special patrolmen, without pay, from among the citizens, as
they may deem desirable. During the service of any
special patrolman authorized as aforesaid, he shall possess
all the powers and privileges and perform all the duties
that may be by orders, rules and regulations, from time to
time prescribed.

Section 8. The mayor of the city of Boston shall have
power at all times, in any emergency, of which he shall be
the judge, to assume command of the whole or any part of
the police force in said city.

Section 9. The city council of Boston shall have power
to pass such ordinances, not inconsistent herewith or repug-
nant to other laws of this Commonwealth as to the duties
and authority of said board of police commissioners, as it
may from time to time deem expedient and necessary.

Section 10. The members of the Boston police force
in office when the said police commissioners are first ap-
pointed, shall continue to hold their several offices until
removed or placed on the retired list by the said commis-
sioners ; and the present rules and regulations of the board
of aldermen for the government of the police shall continue
in force until otherwise ordered by the said commissioners.

Section 11. All acts or parts of acts inconsistent here-
with are hereby repealed.

Section 12. This act shall take effect upon its passage.

Approved 3fay 14, 1878.

An Act in relation to the crossing of the tracks of the
boston and maine railroad by the lowell and lawrence
railroad company at south lawrence.

Be it enacted, &c., as follows:

Section 1. Unless within thirty days after the passage
of this act the Lowell and Lawrence Railroad ComjDany
and the Boston and Elaine Railroad shall have agreed upon
a method to be approved by the board of railroad commis-

1878. — Chapters 246, 247.

203

sioners, by which the tracks of the first named corporation roadH within
shall cross the tracks of the last named corporation, or its ^^"'^ '^"^'''
Methuen branch, immediately north of the station at South
Lawrence, the said board of railroad commissioners is here-
by empowered on the petition of either of said corporations
to designate a place where and a method by which said
crossing shall be made. In fixing such crossing the said
commissioners are hereby authorized to cause the same to
be effected at grade or otherwise as they may deem best,
and for the purpose of more conveniently effecting it they
may authorize the Lowell and Lawrence Railroad Com-
pany to locate, construct and maintain its railroad within
the location of any other railroad corporation in South
Lawrence, and they may also, if they deem necessary,
change the present line of the tracks of the Boston and
Maine Railroad between Andover Street and Union Street
in said South Lawrence : provided, that at no point shall pw-jsos.
such line be changed laterally more than one hundred
feet ; and provided, further, that all expenses incurred and
damages caused in effecting said crossing, or in changing
said tracks in the way prescribed by said commissioners,
shall be paid by the Lowell and Lawrence Railroad Com-
pany, and such damages shall be ascertained in the man-
ner provided by law for estimating damages for the taking
of land of private parties for railroad locations.

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

Approved May 15, 1878.

An Act to change the name of the main street methodist Chap. 246

EPISCOPAL church OF WORCESTER.

Be it enacted, &c., as follows:

Section 1. The Main street Methodist Episcopal Name changed.
Church of Worcester shall be called and known as The
Grace Methodist Episcopal Free Church of Worcester.

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

Approved May 15, 1878.

An Act to establish the boundaries of fire district number Chap. 247

ONE IN the town OF GREENFIELD.

Be it enacted, &c., as follows:

Section 1. The boundaries of fire district number one
in Greenfield shall be as follows : — Commencing at the
town line at the summit of the Rocky Mountain, thence
northerly along the summit of said Rocky Mountain to a
point at which a continuation of the southerly line of the
farm lately occupied by Sylvester Maxwell would strike

Boundaries of
flre distriot
established.

204

1878. — Chapter 248.

Subject to ap-
proval by vot-
ers.

Eepeal.

Proceeds of sale
of lands to be
divided.

the summit of Rocky Mountain ; thence westerly along
said line and the southerly line of said Maxwell Farm in a
direct line to the thread of the stream of Green River;
thence southerly on the thread of the stream of said Green
River to the mouth of the brook which runs between the
houses of J. E. Thompson and Solomon Wheeler; thence
southerly in a direct line to the town line, where it is
crossed by the west line of Franklin Park ; thence easterly
along said town line to the place of beginning.

Section 2. This act shall take effect when the same
shall have been approved by vote of the legal voters of
said fire district at a meeting called for that purpose.

Section 3. All acts inconsistent with this act are here-
by repealed. Apjyroved May 15, 1878.

Chap. 248 An Act in addition to an act to incorporate the town

OF MASHPEE.

Be it enacted, &c., as follows :

Section 1. Any justice of the superior court at a
term thereof in the county of Barnstable, upon the ap-
plication of the selectmen of the town of Mashpee, shall
direct the commissioners mentioned in section six of chap-
ter two hundred ninety-three of the acts of the yeav eigh-
teen hundred and seventy, to divide the proceeds of the
sale of lands therein mentioned, without cost to the Com-
monwealth, among the persons entitled to the lands prior
to the sale in proportion to their several interests therein :
provided, hoicever^ that no person shall be entitled to re-
ceive any portion of said proceeds who may have or may
have had any rights in lands or the proceeds thereof in
any other Indian district or plantation now or hitherto
existing in the Commonwealth ; the report of the doings
of said commissioners shall be returned to said superior
court and being approved may be confirmed by decree
thereof. Said report and decree shall be recorded in the
registry of deeds in said county ; and the expenses of
recording shall be paid from the treasury of the Common-
wealth.

Section 2. Whenever a justice of the superior court
shall direct said commissioners to divide said proceeds, as
herein before provided, the treasurer of said town shall
pay over to said commissioners upon their requisition
therefor, to be divided as aforesaid, all sums of money
received by him or his predecessors in office, by virtue of
the provisions of said section six, and not otherwise law
fully expended.

Proviso.

Report to be re-
turned to supe-
rior court.

Treasurer to
pay money over
to commission-
ers upon their
requisition.

1878. — Chapters 249, 250.

205

Apportionment
of sewer and
sidewalk assess-
ments.

Section 3.- The register of deeds in said county shall Record of aiiot-
as soon as ma^- be record in a separate volume the contents J^II^^^riiVlhiVs'iipee
of the book wherein allotments and transfers of real estate [° r^' '>tj?'''of^
in the district of Marshpee and the town of Mashpee have deeds,
hitherto been recorded, and shall properly index the same ;
and such record shall have the force and effect of the
records contained in said original book ; and the reason-
able expense of such recording and indexing, when ap-
proved by a justice of the superior court, shall be paid
from the treasury of the Commonwealth.

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

Approved May 15, 1878.

An Act relating to the apportionment of sewer and side- Chap. 249

WALK assessments.

Be it enacted, &c., as foUoivs:

Section 1. At any time within sixty days after notice
is given of a sewer or sidewalk assessment on any real
estate, if. the owner thereof shall in writing notify the
board making the same that he desires to have the amount
due on said assessment apportioned, said board shall appor-
tion the same into three equal parts, and certify such
apportionment to the assessors of the city or town where
such real estate is situate ; and said assessors shall add
one of said equal parts with the interest due thereon, from
the date of the apportionment, to the annual tax of said
real estate for each of the three years next ensuing. And
all liens for the collection of such assessments shall con-
tinue in force until the expiration of two years from the
time the last instalment thereof is committed to the tax
collector ; and all sewer and sidewalk assessments upon
real estate, which remain unpaid after the time stated in
the order making the same for payment thereof, shall draw
interest from such time until paid.

Section 2. This act shall take effect upon its passage,
but shall not be in force in any city or town unless adopted
by the city council of such city or the inhabitants of such
town. Ajjproved May 15, 1878.

Lien upon es-
tate.

Subject to adop-
tion by cities
and towns.

An Act relating to the taxation of cooperative saving Chap. 250

FUND AND loan ASSOCIATIONS.

Be it enacted, &c., as follows:

Section 1. Section eighteen of chapter two hundred Taxofone.quar-
and twenty -four of the acts of the year eighteen hundred cent. up'JTn^*^'^
and seventy-seven is hereby amended by striking therefrom pa^d^ni^ '^^^^
the words " three-quarters of one per cent.," and insert-

206

1878. — Chapters 251, 252.

Registers of vo-
ters to be kept
in cities and
towns.

ing instead thereof the words " one-quarter of one per
cent.".

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

Approved May 15, 1878.

Chap.2ol An Act TO PROVIDE for the keeping of, registers of voters

IN cities and towns.
Be it enacted, &c., as follows:

Section 1. The provisions of chapter two hundred
and eight of the acts of the year one thousand eight hun-
dred and seventy-seven shall apply to cities, and the mayor
and aldermen in cities shall keep the register therein pro-
vided for: provided, that nothing herein contained shall
apply to any city for which special provision for keeping a
similar register has been made by law.

Section 2. In the registers of voters in cities and
towns it shall be sufficient if the first Christian name of
each voter, or that name by which he is generally known,
is written or printed in full, with the initial or initials of
any other name or names which he may have in addition
to his surname.

Section 3. It shall be the duty of the mayor and
aldermen and of the selectmen in making said registers
to cause proper notices to be published or posted, and
proper opportunity given, at least two weeks before any
annual election in said city or town, to all persons to pre-
sent themselves for registration ; and before registering
any person hereafter, they shall inquire into his qualifica-
tions to vote, and shall require such person to write his
name before they place it in said register, unless such per-
son is exempted by Article twenty of the amendments to
the Constitution, or unless his name is upon the register or
voting list of the preceding year.

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

Approved May 15, 1878.

First Christian
name to be writ
ten out in full.

Notice to be
given for per-
sons to present
themselves for
registration.

Chajh 252

Right to take
additional stock
in road may be
sold.

An Act in relation to the commonwealth's interest in

THE capital stock OF THE BOSTON AND ALBANY RAILROAD
COMPANY.

Be it enacted, &c., as follows:

Section 1. Whenever the capital stock of the Boston
and Albany Railroad Company shall be increased, or addi-
tional shares of said stock issued pursuant to authority
heretofore given, the directors shall, unless said shares are
sold at public auction, give notice in writing of such in-
tended increase to the treasurer of the Commonwealth, and

1878. — Chapter 253.

207

upon the receipt of said notice he may sell the Common-
■VNealth's right to the proportion of stock to which it may
be entitled, in such manner as he shall deem most beneficial
to tlie Commonwealth.

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

A2>proved May 15, 1878.

An Act relating to savings banks and the receivers

THEREOF.

Be it enacted, &c., as foUoios :

Section 1. It shall be the duty of the board of com-
missioners of savings banks, or of one of them, to carefully
examine and report upon all reports and accounts made to
the supreme judicial court by the receivers of savings banks,
appointed under the provisions of chapter one hundred and
ninety-two of the acts for the year eighteen hundred and
sixty-six, or any act in amendment thereof or substituted
therefor, whenever said reports are referred to said com-
missioners b}^ said court.

Section 2. The board of commissioners of savings banks,
or one of them, shall during the year eighteen hundred
and seventy-eight and at least once in every year thereafter,
and as much oftener as said board deems expedient, exam-
ine the accounts and doings of all receivers mentioned in
section one of this act ; and said board shall include in its
annual report to the legislature a statement of the affairs
in the hands of said receivers.

Section 3. For the purposes aforesaid the commission-
ers, or any one of them, shall have free access to the books
and papers relating to the transactions of such receivers,
and may examine under oath such receivers, relative to
such transactions.

Section 4. Whenever in the opinion of said board any
such receiver has violated his duty, it shall present the
facts to the supreme judicial court.

Section 5. Whenever receivers are appointed by the
supreme judicial court, under the aforesaid act or acts, to
take possession of the property and effects of a savings
bank, the treasurer of said savings bank shall make a
schedule of all the property which said savings bank owns
or is entitled to; and said treasurer and the board of in-
vestment of said savings bank and any other officers of
said savings bank, if au}^, transferring the property thereof
to said receivers, shall make oath that said schedule sets
forth all the property which said bank owns or is entitled
to. Said treasurer shall hand said schedule to the receivers

Chap.25S

Coinmissionera
to examine ac-
counts of receiv-
ers of savini<9
banks when re
ferred to them.

To examine ac-
counts of receiv-
ers annually.

To have access
to books and
papers.

Violation of du-
ty by receiver.

Schedule of ef-
fects of bank to
be made and
sworn to bj-
treasurer, when
receivers are ap-
pointed.

208

1878. — Chapters 254, 255.

Treasurer and
other officers
may be exam-
ined under oath.

Report of viola-
tion of law may
be made to the
attorney-gener-
al.

" Savings
bank " to in-
clude institu-
tions for sav-
ings.

Chap. 254

Provisions tx. S.
100, §§ 9, 10, to
apply to trust-
ees under any
•written instru-
ment creating a
trust.

Probate court
may order trust-
ee to render an
account of man-
agement of es-
tate.

Chap. 255

Selectmen may
he elected for
terms of three
years.

and a copy thereof to the board of commissioners of sav-
ings banks. The board of commissioners of savings banks
may at any time examine said treasurer, board of invest-
ment or other officers 'aforesaid under oath, in order to
determine whether or not all the property which said sav-
ings bank owned or was entitled to, has been transferred
to said receivers.

Section 6. The provisions of section seven of chapter
one hundred and ninety-two of the acts for the year
eighteen hundred and sixty-six are hereby so amended,
that the report therein required to be made to the secretary
of the Commonwealth, relative to violations of law by
savings banks, its officers or trustees, may be made directly
to the attorney-general.

Section 7. In this act the word "savings bank" shall
be held to include institutions for savings.

Section 8. This act shall take effect upon its passage.

Approved May 13, 1878.

An Act relating to trustees and trust estates.
Be it enacted, cfcc, as folloivs :

Section 1. The provisions of sections nine and ten of
chapter one hundred of the General Statutes, for vesting
trust estates in new trustees, shall apply to such trustees
chosen or appointed in conformity to any written instru-
ment creating a trust, in place of former trustees there-
under.

Section 2. When property is held in trust under any
written instrument or statute and there is no adequate
provision for an account of the management of the trust
estate, the probate court in any county where any land so
held is situate, or where any person interested in such
trust resides, may, on application of any person interested,
require the trustee on oath to render such an account to
said court ; and the court first so applied to shall there-
after have exclusive original jurisdiction therein.

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

Approved May 15, 1878.

An Act in relation to the election of selectmen and

assessors of towns.
Be it enacted, &c., as follows:

Section 1. Any town in this Commonwealth which
shall have accepted the provisions of this act in regard to
selectmen at any annual meeting thereof, may, at such or
any annual meeting thereafter, elect its selectmen for the

1878. — Chapter 255.

209

period of three years in the following manner, namely: if
the selectmen be three in number, the inhabitants may elect
one person for the period of one year, one person for two
years, and one person for three years ; and thereafter at
each annual meeting may elect one selectman to serve for
three 3-ears. If the selectmen be five in number, then they
may elect one person for a period of one year, two per-
sons for two years, and two persons for three years ; and
thereafter at each annual meeting they may elect one or
two selectmen, as the term of office of one or two may ex-
pire in that year, to serve for three years. If the selectmen
be seven in number, then they may elect two persons for a
period of one year, two persons for two years, and three
persons for three years ; and at each annual meeting there-
after they may elect two or three selectmen as the terra of
office of two or three may expire in that year, to serve for
three years. If the selectmen be nine in number, then
they may elect three persons for a period of one year,
three persons for two years, and three persons for three
years ; and at each annual meeting thereafter they may
elect three persons to serve for three years.

Section 2. Any town which shall have accepted the
provisions of this act in regard to assessors at any annual
meeting thereof, may elect at such or any annual meeting
thereafter, three or five assessors for the term of three
years in the manner herein before provided for electing
three or five selectmen, or it may elect four assessors, two
for the period of one year, and two for two years ; and at
each annual meeting thereafter the inhabitants may elect
two assessors to serve for two years.

Section 3. If any town votes at any annual meeting
thereof to increase or diminish the number of its select-
men or assessors, it may do so by electing or omitting
to elect such a number at that or any annual meeting
thereafter, as will make the board of the required number
with terms of office expiring in the manner provided in
the first two sections hereof: provided^ however^ that the
number shall not be diminished in such a manner as will
prevent one member being elected in every year.

Section 4. Vacancies in either the board of assessors
or of selectmen may be filled in the manner now provided
by law, and the person chosen to fill any vacancy shall hold
office during the unexpired term of the member whose
place he fills.

Section 5. The acceptance of this act by any town
may at any subsequent annual meeting thereof be revoked

Assessors may
be elected for
terms of three;
years.

Increase or dfe-
crease of num-
ber of assessors.
or selectmen.

Vacancies.

Acceptance of
act may be re^-
voked.

210

1878. — Chapters 256, 257.

Unknown per-
Bons found dead,
may be buried
at the public ex-
pense.

Proviso.

by such town, and thereupon this act shall cease to be
operative in such town : provided, however, that such a
revocation shall not affect the term of office of selectmen
or assessors previously chosen. Approved May 13, 1878.

Chap. 256 -^n Act to amend chapter seventy of the general statutes,

RELATING TO BURIALS AT PUBLIC EXPENSE.

JBe it enacted, &c., as foUoivs:

Section 1. The provisions of section fifteen of chapter
seventy of the General Statutes, for the burial of state
paupers, are hereby extended to unknown persons found
dead, and to all persons without settlement, having died
without means of support, notwithstanding such persons
may not have applied for public relief during their life
time : provided, however, that section seventeen of chap-
ter two hundred of the acts of the jenv eighteen hundred
and seventy-seven shall not be affected by this act.

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

Approved May 15, 1878.

Chap. 257 -^^ ^^^ -^^ ADDITION TO AN "ACT RELATING TO THE EMPLOYMENT
OF CHILDREN, AND REGULATIONS RESPECTING THEM."

Be it enacted, &c., as follows :

Section 1. Every owner, superintendent or overseer of
any manufacturing, mechanical or mercantile establishment
in this Commonwealth shall require and keep on file a certifi-
cate of the age and place of birth of every minor child under
the age of sixteen years in his employ, or in the employ of
such establishment, so long as such minor shall be so em-
ployed, which certificate shall also state, in the case of a
minor under the age of fourteen years, the amount of his or
her school attendance during the year next preceding such
employment. Said certificate shall be made by or under
the direction of the school committee of the place where
such attendance has been had, or where such establishment
is located.

Section 2. In case no such certificate shall have been
required by such owner, superintendent or overseer, then
such employment shall be deemed to have been a violation
of the second section of chapter fifty-two of the acts of the
year eighteen hundred and seventy-six.

Section 3. The truant officers may demand the names of
the minor children under the age of sixteen years employed
in the establishments above named in their several cities
and towns, and may require that the certificates of age and
school attendance prescribed in this act shall be produced

Certificate to be
Jvept of age, &c.,
of children un-
der sixteen
years in their
employ, also of
amount of
school attend-
ance of those
under fourteen
years.

Employment
without requir-
ing certificate, to
be deemed viola-
tion of law.

Tnjftnt officers
may require
production of
certificates for
their inspection.

1878. — Chapter 258.

211

for their inspection; and if the name and certificate as
aforesaid be not produced in any case, it shall be prima
facie evidence that the employment of such child is
illegal.

Section 4. On and after the first day of May, eighteen
hundred and eighty, no child under fourteen years of age
shall be employed in any manufacturing, mechanical or
mercantile establishment, while the public schools in the
city or town where such child lives are in session, unless
such child can read and write. Every owner, superintend-
ent or overseer in any establishment above named, who
employs, or permits to be employed, any child in violation
of this section, and every parent or guardian who permits
such employment, shall for every such offence forfeit a sum
of not less than twenty nor more than fifty dollars for the
use of the public schools of such city or town.

Section 5. Section two of chapter fifty-two of the acts
of the year eighteen hundred and seventy-six is hereby
amended by inserting after the word "employed", in the
second line, the words " except during the vacations of the
public schools." Approved May 13, 1878.

An Act concerning commercial fertilizers.
Be it enacted, &c., as follows :

Section 1. Every lot or parcel of commercial fertilizer
sold, offered or exposed for sale, within this Common-
wealth, shall be accompanied by a printed label which shall
state clearly the composition of the same, as follows, to
wit: — in the case of all fertilizers which are sold at more
than twelve dollars per ton, and which contain nitrogen,
potassium, or phosphorus, the said label shall give the per-
centage of anhydrous potassium oxide or its equivalent of
potassium and of phosphoric oxide or anhydrous phosphor-
ic acid, in any form or combination soluble in distilled
water, and the percentage of nitrogen in the fertilizer
which it accompanies. In the case of those fertilizers
which consist of other and cheaper materials, the said
label shall give a correct general statement of the compo-
sition and ingredients of the fertilizer it accompanies.

Section 2. Every manufacturer or importer of com-
mercial fertilizers as specified in section one, before offer-
ing the same for sale in this Commonwealth, shall procure
from the secretary of the Commonwealth a license as a
manufacturer or importer of the same, and shall pay into
the treasury of the Commonwealth the sum of fifty dollars
annually as a license fee ; and shall at the same time file

On and after
May 1, 1880,
chiidrcn under
fourteen years
not to be em-
ployed, wbile
public schools
are in session,
unless they can
read and write.

Amendment to
1876, 52, § 2.

Chap.2bS

Commercial fer

tilizers offered
for sale to be ac
-companied by a
printed label
stating the com-
position of the
same.

License for sale
to be procured
from secretary
of the Common-
■wealth, and
names of princi-
pal agents and
name and com-
position of fer-
tilizer to be filed
with secretary

212

1878. — Chapter 258.

of board of agri-
culture.

Penalties.

Inspector of fer-
tilizer.* to ana-
lyze specimens
of all iiinds of-
fered for sale.

Fee for analysis
to be paid from
the state treas-
ury.

Proiiso.

Secretary of
board of as?ri-
culture to pros-

with the secretary of the state board of agriculture a
paper giving the names of his principal agents and also the
name and composition of the fertilizer or fertilizers manu-
factured or imported by him. Such license shall entitle
the person to whom it is issued to sell and offer for sale
only one distinct kind of fertilizer, but such person shall
be entitled to sell any other kind of fertilizer upon the
payment into the treasury of the Commonwealth an addi-
tional license fee of fifteen dollars for each such additional
kind.

Section 3. Any person selling, offering or exposing
for sale any commercial fertilizer without the statement
required by the first section of this act, or with a label
stating that said fertilizer contains a larger percentage of
any one or more of the constituents mentioned in said
section than is contained therein, or respecting the sale of
which all the provisions of section two have not been fully
complied with, shall forfeit fifty dollars for the first offence
and one hundred dollars for each subsequent offence.

Section 4. The chemist of the state board of agri-
culture shall be ex officio a member of said board and state
inspector of fertilizers. It shall be the duty of said
inspector annually to analj^ze one or more specimens of
every kind of commercial fertilizer coming within the pro-
visions of this act which may be oifered for sale within
this Commonwealth, and of the existence of which he
shall be informed by the secretary of the state board of
agriculture ; and for this purpose he is authorized and
directed to take from any package or packages of such fer-
tilizers which may be in the possession of any dealer, a
sample not exceeding one pound in weight. He shall re-
port annually to the state board of agriculture the result
of his inspection and the analyses made by him, and fur-
nish to the secretary of said board such important informa-
tion in regard to commercial fertilizers as he may from
time to time obtain.

Section 5. The fee of the state inspector of fertilizers
shall be twenty-five dollars for each analysis made by him,
or under his direction, and travelling expenses, to be paid
from the treasury of the Commonwealth on the certifi-
cate of the state board of agriculture : provided, that no
larger sum shall be paid for such services each year than is
paid into the treasury of the state for license fees as pro-
vided in section two.

Section 6. It shall be the duty of said inspector, upon
ascertaining any violation of this act, to forthwith inform

1878. — Chapters 259, 260.

213

the manufacturer and the secretary of the state hoard of ecute violations
agriculture in writing thereof; and it shall be the duty of
said secretar}- to immediately institute proceedings against
all persons violating this act.

Section 7. The license required by section two shall License to be is.
be issued by the secretary of the Commonwealth in the tary o/tiie com-
manner provided by chapter three hundred and thirty-one ni^nweaith.
of the acts of the ^^ear one thousand eight hundred and
seventy.

Section 8. Chapters two hundred and six and three Repeal of 1874,
hundred and seventy-eight of the acts of the year one
thousand eight hundred and seventy-four are hereby re-
pealed.

Section 9. This act shall take effect upon its passage.

Approved May 15., 1878.

206, 378.

An Act to limit the amount recoverable for damages or Chap. 259

INJURY CAUSED BY DEFECTS OF HIGHWAYS, TOWNWAYS, CAUSE-
WAYS OR BRIDGES.

Be it enacted, <£rc., as folloios :

Section 1. No person shall recover from any town. Amount of dam-
city, county or place, in any action provided for by chap- underisTT^^'^Isi!
ter two hundred and thirty-four of the acts of the year jj™^*^'^ '" ' °"^-
eighteen hundred and seventy-seven, a greater sum for cent, ofvaiua-
damages or injury than one-fifth of one per cent, of the ti'*'i<'f^o^'°''^'='
valuation of such town, city, county or place, as ascer-
tained by the state valuation of estates within the Com-
monwealth last preceding the commencement of the action,
nor a greater sum than four thousand dollars.

Section 2. All acts and parts of acts so far as they Repeal.
are inconsistent herewith are hereby repealed, except as to
actions now pending ; and the provisions of this act shall
not apply to such actions. Apjjvoved May 15, 1878.

An Act concerning trustee process.
Be it enacted, &c., as folloios :

Section 1. No trustee w^rit issuing from a police, dis-
trict or municipal court, shall be made returnable more
than thirty days after its date ; and when partners are
summoned as trustees in such a writ from any of said
courts, or a trial justice, service thereof on one partner
shall be sufficient, if the partnership is properly described
in the writ ; and service of any such trustee writ on any
party therein, seven days at least, before the return day
thereof, shall be sufficient time in all cases, any law to the
contrary notwithstanding.

Chap. 260

Trustee •writ to
be i-eturnable
not more than
thirty days after
its date.

Service upon
one partner to
be suHicient.

214

1878. — Chapter 260.

Penalty for at-
taching wages
exempt from at-
tachment, for
purpose of de-
laying payment
to whom the
same belongs.

■wages for per-
sonal ser\ice8
exempt from at-
tachment on a
demand for ne-
cessaries fur-
nished.

When wages for
personal servi-
ces are attached,
defendant may
tender amount
due with fees for
service.

No costs recov-
erable except of-
ficer's and
clerk's fees.

Scire facias may
issue against
trustee although
amount of debt
and costs ex-
ceeds jurisdic-
tion of court.

Section 2. Any person who shall wilfully cause, or
aid and abet in causing, the wages for the personal ser-
vices of any wife or minor children of any husband for
the debts of such husband, or the wages for the personal
services of any person which are exempt from attachment,
to be attached by the trustee process, for the purpose of
unlawfully hindering or delaying the payment of such
wages to the person to whom the same belong, shall, on
complaint of the person injured thereby or of the guardian
op other person having the lawful custody of any such
person who is incompetent to act, be punished by a fine
not exceeding fifty dollars to be paid to the person so
injured ; and police, district and municipal courts, and trial
justices shall have original jurisdiction of said offence.

Section 3. In all causes of action accruing after the
first day of June next, when the wages for the personal
labor and services of a defendant are attached on the
trustee process, on a demand for necessaries furnished him
or his family, there shall be reserved in the hands of the
trustee a sum not exceeding ten dollars, which shall be
exempt from attachment.

Section 4. Whenever wages for personal labor or ser-
vices are attached by the trustee process, the defendant
may, at any time before the entry of the writ, tender to
the plaintiff or his attorney the whole amount due and
recoverable in the action, with the fees of the officer for serv-
ing the writ ; or he may be defaulted without an appearance.

Section 5. Whenever a tender is made as provided in
section four, no costs shall be recovered by the plaintiff
except the officer's fees therein named ; and whenever the
defendant becomes defaulted without an appearance as
therein provided, or files on the return day of the writ an
offer of judgment in accordance with the provisions of
section sixty-two of chapter one hundred and twenty-nine
of the General Statutes, and the plaintiff accepts the same,
or fails to secure more than the amount thereof, and of
the interest thereon from the date of the offer, no costs
shall be recovered by the plaintiff except such officer's
fees and the clerk's fees.

Section 6. When it becomes necessar}^ to sue out a
writ of scire facias against a person summoned as trustee,
it may be issued by the court by whicli the judgment was
rendered, although tlie amount of the debt and costs
therein exceeds the jurisdiction of said couit.

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

Approved May 15, I87S.

1878. — Chapters 261, 262, 263.

215

An Act relating to the rights of depositors in savings Chap. 261

BANKS.

Be it enacted, &c., asfoUoios:

Section 1. Any person indebted to a savings bank in
this Commonwealth, whether his indebtedness is secured
or not, may in any proceeding for the collection thereof,
or for the enforcement of any security therefor, set-off the
amount of any deposit in said bank held and owned by
him at the time of the commencement of such proceeding
and of the interest due thereon: provided, hoivever, that
this act shall not authorize the set-off of any deposit pur-
chased or acquired from another after the commencement
of proceedings in equity to restrain such bank from doing
its usual business, or after the issuing of an order under
the provisions of chapter seventy-tliree of the acts of the
year eighteen hundred and seventy-eight.

Section 2. This act shall take effect upon its pas-
sage. Approved May 16, 1878.

Tn any proceed-
ing for collec-
tion of debt due
a savings bank,
defendant may-
set-off bis depos-
it in the bank.

Proviso.

An Act to amend chapter two hundred and twenty-five
of the acts of the year eighteen hundred and seventy-
six, in relation to voting lists in cities.

Be it enacted, &c., as follows:

Section 1. At any election held in any city of the
Commonwealth between the first day of May and the day
of the annual state election in any year, the voting lists
prepared for the preceding municipal election shall be
used, subject to the changes and erasures provided for by
law, except that no name shall be added or erased on
account of change of residence from one ward in the city
to another, by any voter, between the preceding municipal
election and such election.

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

Approved May 16, 1878.

An Act relating to clerical assistance of registers of
probate and insolvency.

Be it enacted, &c. , as follows :

Section 1. In case the bankrupt law of the United
States shall be repealed, the registers of probate and in-
solvency in the several counties may each retain, for such
clerical assistance as the several judges of probate and
insolvency may deem necessary, out of the fees accruing
from proceedings in insolvency prior to the first day of
March next, a sum not exceeding one-third of the amount
of salary to -which such registers shall be entitled for the

Chap. 262

Voting lists of
the preceding
municipal elec-
tion, to be used
at elections be-
tween first day
of May and an-
nual State elec-
tion.

Chap. 263

Clerical assist-
ance for regis-
ters of probate
and insolvency,
in case of repeal
of the United
States bankrupt
law.

216

1878. — Chapter 264.

Public docu
ments.

time during which the insolvency laws of the Common-
wealth may be in operation prior to said first day of March ;
and the judges in their respective counties shall audit the
accounts of the registers for the same.

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

Approved 3Iay 16,, 1878.

Chap. 264 An Act concerning the preparation, printing and distribu-
tion OF PUBLIC DOCUMENTS.

Be it enacted^ c&c, as follows:

Section 1. There shall be printed annually, on or be-
fore the assembling of the legislature, or as soon thereafter
as possible, the number of copies of documents and reports
specified in the following list, the same to be numbered in
a series to be called public documents, and distributed as
herein provided ; and said reports and documents shall be
made as brief as may be without omitting any facts or
information which the officer or department making the
report is required by law to furnish therein ; and no larger
number than is herein provided for shall be printed at the
expense of the Commonwealth, nor be paid for out of any
contingent fund, nor the earnings of any department or
institution, the earnings of which are the property of the
Commonwealth ; and no bill for printing any larger num-
ber shall be approved by the auditor, nor be paid out of
any funds belonging to the Commonwealth : —
to he Registration of Births, Marriages and Deaths, one thou-
sand copies.

Report of Secretary of Board of Education, four thou-
sand copies.

Report of Librarian of State Library, one thousand
copies.

Report of Secretary of Board of Agriculture, sixty-four
hundred copies.

Report of Treasurer and Receiver-General, one thousand
copies.

Report of Auditor of Accounts, one thousand two hun-
dred copies.

Report of Adjutant-General, two thousand copies.

Report of Surgeon-General, one thousand copies.

Report of Savings Bank Commissioners, one thousand
four hundred copies.

Report of Lisurance Commissioner, on Fire Insurance,
two thousand four hundred copies.

Report of Insurance Commissioner, on Life Insurance,
one thousand copies.

Number
printed.

1878. — Chapter 264. 217

Abstract of Returns of Corporations, two thousand copies. ^"7^^^''f^P"!'n

Aggregates of Polls, Propoi'ty and laxes, one thousand bcpriuiud.
five hundred copies.

Report of Land Commissioners, one thousand one hun-
dred copies.

Report of Attorney-General, one thousand five hundred
copies.

Report of Inspectors and Warden of State Prison, one
thousand copies.

Report of Agent for Discharged Convicts, one thousand
copies.

Reports of Secretary and other officers of Board of
State Charities, one thousand nine hundred copies.

Report of Trustees of State Reform School at West-
borough, one thousand copies.

Report of Trustees of Industrial School for Girls, one
thousand copies.

Report of Inspectors of State Primary School at Monson,
one thousand copies.

Report of Trustees of Lunatic Hospital at Northampton,
one thousand copies.

Report of Trustees of Lunatic Hospital at Taunton, one
thousand copies.

Report of Trustees of Lunatic Hospital at Worcester,
one thousand copies.

Report of Trustees of Lunatic Hospital at Danvers, one
thousand copies.

Report of Inspectors of State Workhouse at Bridge-
v^ater, one thousand copies.

Report of Inspectors of State Almshouse at Tewksbury,
one thousand copies.

Report of Trustees of Perkins Institution and Massa-
chusetts School for the Blind, one thousand copies.

Report of Trustees of School for Idiotic and Feeble-
Minded Youth, one thousand copies.

Report of Harbor Commissioners, one thousand five hun-
dred copies, five hundred to be placed at the disposal of
the Commissioners.

Report of Commissioners on Inland Fisheries, one thou-
sand five hundred copies.

Report of Tax Commissioner, one thousand seven hun-
dred copies.

Report of Commissioners on Prisons, one thousand
copies.

Report of Railroad Commissioners and returns of rail-
road corporations, one thousand five hundred copies.

218

1878. — Chapter 264.

state printers to
retain five hun-
dred copies for
binding in sets.

Manunl, and
lists of members
and committees
to be printed.

" Blue Book,"
and pamphlet
editions of the
laws.

Distribution of
documents.

Report of Railroad Commissioners (without returns),
one thousand five hundred copies.

Report of the Chief of the State Detective Force, one
thousand copies.

Report of State Board of Health, three thousand eight
hundred copies.

Report of Bureau of Statistics of Labor, two thousand
four hundred copies.

Section 2. The state printers are authorized to retain
five hundred copies of each of the series of public docu-
ments named in section one of this act, for binding in sets ;
the secretary of the Commonwealth being authorized to
furnisli, as heretofore, one set to each city and town, and
one set to such public and other libraries as he in his dis-
cretion may select. And all public documents the distri-
bution of which is not otherwise provided for shall be
distributed under direction of the secretary of the Common-
wealth and the secretaries or heads of the several boards
and departments.

Section 3. There shall also be printed the follow-
ing:—

Of the Manual for the General Court, to be prepared
each year by the clerks of the two branches, two thousand
five hundred copies.

Of the Lists of Members and Committees of the General
Court, to be prepared each year by the clerks of the two
branches, one thousand five hundred copies ; three hundred
and fifty of which shall be bound in memorandum-book
form, for the use of members and officers of the legisla-
ture.

Of the " Blue Book," seventeen hundred and eighty
copies.

Of the General Laws, twenty thousand copies.

Section 4. Each member of the executive and legisla-
tive departments, and each reporter assigned a seat in
either branch of the legislature, shall be entitled to receive
one copy of each of the documents named in this act.
Each member of the legislature shall also be entitled to
receive ten additional copies of the report of the secretary
of the board of agriculture, five additional copies of the
report of the state board of health, two additional copies of
the manual and two additional copies of the " blue book."
Three hundred copies of the manual shall be reserved for
the succeeding general court ; and the remaining copies of
the manual, and lists of members and committees, shall be
in charge of the clerks of the two branches, to be dis-

1878. — Chapter 264.

219

tiiliiited at their discretion ; members of the legislature
and state officers to be entitled to first consideration.

Section 5. There shall be printed, to be sold under
the direction of the secretary of the Commonwealth, at a
price not less than the actual cost of the same, of the fol-
lowing-named documents : —

Report of the Secretary of the Board of Education, one
hundred copies.

Report of the Secretary of the Board of Agriculture, one
hundred copies.

Reports of the Secretary and other Officers of the
Board of State Charities, one hundred copies.

Report of the Savings Bank Commissioners, one hundred
copies.

Report of the Railroad Commissioners and returns of
railroad corporations, one hundred copies.

Report of Insurance Commissioner, on Fire Insurance,
one hundred copies.

Report of Insurance Commissioner, on Life Insurance,
one hundred copies.

Report of the State Board of Health, one hundred
copies.

Report of the Adjutant-General, one hundred copies.

Report of the Bureau of Statistics of Labor, one hundred
copies.

" Blue Book," one hundred copies.

Manual, one hundred copies.

Section 6. The state printers are authorized to ste-
reotj'pe and secure copy-right upon the following named
documents : — The Report of the Secretary of the Board
of Agriculture, and the Report of the State Board of
Health ; and to print, from time to time, such copies as
may be required to supply the public demand ; said copies
to be supplied to applicants at cost.

Section 7. There shall be printed and sold, under the
direction of the secretary of the Commonwealth, at a price
not less than the actual cost of the same, five hundred
copies of the General Railroad Law, chapter three hundred
and seventy-two of the acts of the year eighteen hundred
and seventy-four, and all subsequent acts amendatory
thereof, in a form to show what portions of the original act
are amended or repealed : jn^ovided, that nothing in this
section shall authorize the printing of such laws after the
expiration of the current year.

Section 8. Chapter two hundred and forty-eight of
the acts of eighteen hundred and seventy-seven, and all

Documents
printed for sale.

Certain docu-
ments to be ste-
reotj-ped and
copy-righted.

General railroad
laws to be print-
ed and sold.

Repeal.

220

1878. — Chapter 265.

When and how
to take effect.

other acts or parts of acts inconsistent herewith, are here-
by repealed.

Section 9. 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-
seven, and the General Laws and " Blue Book " for eigh-
teen hundred seventy-eight. Approved May 16, 1878.

Chap. 265 An Act to provide for the enrolment of the militia,

FOR THE ORGANIZATION OF THE VOLUNTEER MILITIA, AND FOR
the public DEFENCE.

Be it enacted, &c., as follows:

Persons to he
enrolled.

Exemptions
from enrohnent.

Article I.
Of the Persons Subject to Military Duty.

Section 1. Every able-bodied male citizen, resident
within this state, of the age of eighteen years, and under
the age of forty-five years, excepting persons exempted by
sections two, three, and five, and idiots, lunatics, common
drunkards, vagabonds, paupers and persons convicted of
any infamous crime, shall be enrolled in the militia. Per-
sons so convicted after enrolment shall forthwith be dis-
enrolled; and, in all cases of doubt respecting the age of
a person enrolled, the burden of proof shall be upon him.

Section 2. In addition to the persons exempted from
enrolment in the militia by the laws of the United States,
the persons hereinafter mentioned shall also be absolutely
exempted from enrolment, viz. : —

Justices and clerks of courts of record ;

Registers of probate and insolvency ;

Registers of deeds, and sheriffs ;

OfBcers who have held or may hold commissions in the
regular or volunteer army or navy of the United States ;

Officers who have held, for a period of five years, com-
missions in the militia of this or any other state of the
United States, or who have been superseded and dis-
charged, or who held commissions in any organization of
the Massachusetts volunteer militia at the time of its dis-
bandment ;

Ministers of the gospel ;

Practising physicians ;

Superintendents, officers and assistants employed in or
about either of the state hospitals, state almshouses, state
prisons, jails, or houses of correction ;

Keepers of light-houses ;

1878. — Chapter 265.

221

Conductors and engine-drivers of railroad trains ;

Seamen actually employed on board of any vessel, or
who have been so employed within three months next pre-
ceding the time of enrolment.

Section 3. Every person of either of the religious Qnnkersand
denominations of Quakers or Shakers, who, on or before empted^frum
the first Tuesday in May, annually, produces to the asses- enrolment,
sors of the city or town in which he resides a certificate
signed by two or more of the elders or overseers (as the
case may be) and countersigned by the clerk of the soci-
ety with which he meets for public religious worship, shall
be exempted from enrolment. The certificate shall be in
form as follows : —

We, the subscribers, of the society of the people called in

the of , in the county of , do liereby certify that

is a member of our society, and that he frequently and

usually attends religious worship with said society ; and we believe

he is conscientiously scrupulous of bearing arms.

A. B., ) Elders or Overseers,
E. F., Clerk. CD., ) (as the case may be.)

Section 4. If elders or overseers of a society of Qua-
kers or Shakers give the certificate provided in section
three to a person who does not profess the religious faith
of their society, or who is not a member thereof, or who
is not conscientiously scrupulous of bearing arms, each
elder or overseer so offending shall forfeit two hundred
dollars to the use of the Commonwealth, and be imprisoned
not exceeding six months ; and any person claiming to be
exempted from enrolment by virtue of such a certificate,
who does not profess the religious faith or is not a member
of the society named therein, or who is not conscientiously
scrupulous of bearing arms, shall be liable to the same
penalty.

Section 5. Enginemen or members of the fire depart-
ment in a city or town shall be exempted from military
duty by forthwith filing with the assessors of the city or
town in which they reside a certificate that they are engine-
men or members of the fire department as aforesaid, signed
by the mayor and aldermen or fire commissioners of such
city, or the selectmen of such town; but when a member
of a volunteer company is, after his enlistment, appointed
an engineman or member of the fire department, it shall
not vacate his enlistment.

Section 6. The enrolled militia shall be subject to no
active duty, except in case of war, invasion, the preven-

Penaltieg for
giving false cer-
tificate.

Members of fire
department may
be exempted
from duty.

Enrolled militia
subject to no ac-
tive duty except

222

1878. — Chapter 265.

in case of war, tioii of invasioii, tliG suppression of riots, and to aid civil
^"^ officers in the execution of the laws of the Common-

wealth.

Article II.

Keepers of
taverns and mas-
ters of dwell-
ing houses to
give names to
assessors.

Of the Enrolment of Persons Subject to 3Iilitary Duty.

Assessors to SECTION 7. Asscssors shall annually, in May or June,

^M^iiabie to^*^" ^^^6 a list of persons living within their respective limits
enrolment. liable to enrolment, and place a certified copy thereof in
the hand of the clerks of their respective cities and towns,
who shall place it on file with the records of such city or
town, and annually, in May, June, or July, transmit re-
turns of the militia thus enrolled to the adjutant-general.
Section 8. Keepers of taverns or boarding houses, and
masters and mistresses of dwelling houses, shall, upon
application of the assessors within whose bounds their
houses are situated, or of persons acting under them, give
information of the names of persons residing in their
houses liable to enrolment or to do military duty ; and
every such person shall, upon like application, give his
name and age ; and if such keeper, master, mistress or
person, refuses to give such information, or gives false in-
formation, such keeper, master or mistress, shall forfeit and
pay twenty dollars, and such person shall forfeit and pay
twelve dollars, to be recovered on complaint of either of
the assessors.

Article III.

Of calling out and organizing the Enrolled Militia for
Active Duty.

Section 9. Whenever it shall be necessary to call out
any portion of the enrolled militia for active duty, the
commander-in-chief shall direct his order to the mayor and
aldermen of cities, or to the selectmen of towns, who,
upon receipt of the same, shall forthwith, by written or
oral notice to each individual, or by proclamation, appoint
a time and place for the assembling of the enrolled militia
in their city or town, and shall then and there proceed to
draft as many thereof, or accept as many volunteers as is
required by the order of the commander-in-chief, and shall
forthwith forward to the commander-in-chief a list of the
persons so drafted or accepted as volunteers.
Penalty for not SECTION 10. Every member of the enrolled militia
appearing when ordered out, or who volunteers or is detached or drafted,
under the provisions of this act, who does not appear at

Calling out the
enrolled militia
for active duty.

1878. — Chapter 265.

223

the time and place designated by the mayor and aldermen
or selectmen, or who has not some able-bodied and proper
substitute at such time and place, or does not pay to such
mayor and aldermen or selectmen, for the use of the Com-
monwealth, the sum of seventy-five dollars within twenty-
four hours from such time, or who does not produce a
sworn certificate, from a physician in good standing, of
physical disability to so appear, shall be taken to be a
deserter, and dealt with accordingly.

The portion of the enrolled militia so accepted shall be Miutia accepted
immediately mustered into the service of the Common- intoVrv^ce^for
wealth for three years, or such less period as the com- ^^"■'^e years.
mander-in-chief may direct, and shall be organized into
companies, which may be arranged in battalions or regi-
ments, or assigned to organizations of the volunteer militia
already existing. Such new organizations shall be officered,
equipped, trained and governed, according to the laws for
government of the volunteer militia.

Elections shall forthwith be ordered in such new organ-
izations by the commander-in-chief, who may detail officers
to train and command them until the officers elect shall
have qualified, and shall have passed the examination re-
quired by section fifty-two.

Election of offi-

Staff of the com-
mander-in-chief.

Article IV.
Of the Staff of the Commmider-in-chief and their Duties.

Section 11. The staff of the commander-in-chief shall
consist of an adjutant-general, with the rank of major-
general, who shall be ex officio chief of staff, an inspector-
general, a quartermaster-general, a commissary-general, a
surgeon-general, and a judge-advocate-general, each with
the rank of brigadier-general, who shall take precedence
in the order named, and four aides-de-camp, each with
the rank of colonel, and such additional officers of the staff
as the public service may require, with such rank as the
commander-in-chief may designate. They shall be com-
missioned, and hold office until their successors are ap-
pointed and qualified, but may be removed at any time by
the commander-in-chief. In times of peace, unless other-
wise directed by the commander-in-chief, the adjutant-gen-
eral shall be quartermaster-general, commissary-general,
and chief of ordnance.

Section 12. The adjutant-general shall distribute all Adjutant-gener.
orders from the commander-in-chief; attend all public aii wdl'rfVrom
reviews when the commander-in-chief shall review the j^fchief"^''"^^*^'

224

1878. — Chapter 265.

To make annual
report.

To inspect arm'
cries once a
year.

Quartermaster-
general to give
bond with sure-
ties.

To hare care of
camp-ground
and arsenals.

militia, or any part thereof; obey all orders from him rela-
tive to carrying into execution and perfecting the system
of military discipline established by the laws of the state
and. of the United States ; furnish blank forms for the dif-
ferent returns and rolls as may be required. ; receive from
the several officers of the different corps throughout the
state, returns of the militia under their command, report-
ing the actual condition of their uniforms, arms, accoutre-
ments, and ammunition, their delinquencies, and every
other thing which relates to the advancement of good
order and discipline, all of Avhich the several officers of
the volunteer militia are hereby required to make, so that
the adjutant-general may be furnished therewith ; and
from all said returns he shall make proper abstracts, and
lay the same annually before the commander-in-chief;
and he shall annually, on or before the first Monday in
January, make a return in duplicate of the militia of the
state, with the condition of their uniforms, arms, accoutre-
ments, and ammunition, according to such directions as he
may receive from the secretary of war of the United States,
one copy of which he shall deliver to the commander-in-
chief, and the other of which he shall transmit to the pres-
ident of the United States. He shall, once in each year,
inspect each armorj^, drill-hall, and headquarters provided
for the volunteer militia.

Section 13. The quartermaster-general shall give bond
to the state in the penal sum of twenty thousand dollars,
with two sureties at least, to be approved by the governor
and council, conditioned faithfully to discharge the duties
of his office ; to use all necessary diligence and care in the
safe keeping of military stores and propert}^ of the Com-
monwealth committed to his custody ; to account for the
same, and deliver over to his successor, or to any other per-
son authorized to receive the same, such stores and prop-
erty.

The commander-in-chief may require the duties imposed
upon the quartermaster-general by this act to be performed
by any member of his staff, who shall in that case give
bond to the state in like manner as is required of the
quartermaster-general.

The quartermaster-general, under the orders of the com-
mander-in-chief, shall have the care and control of the state
camp-ground, of all state arsenals and magazines, of the
soldiers' burial lot and monument at Dedham, and all mili-
tary property of the state, excepting such as is by law
expressly intrusted to the keeping of other officers. He

1S78. — Chapter 265.

225

shall purchase and issue all arms, ammunition, clothing,
canip-eciiiipage, and militaiy supplies and stores of every
description, except surgical instruments and medical sup-
plies; he shall [)rocure and provide means of transport for
the militia, and for all its implements, munitions of war and
military supplies, such transportation to be in kind when-
ever practicable. He is authorized to receive into the
store-house at the state camp ground, from the several
militia organizations, such articles of personal property
used for military camping purposes as can be accommo-
dated therein ; these articles shall be received and delivered
at the expense of the owners thereof, and be held at such
owners' risk.

He may allow proper accounts annually for the repairs
of uniforms and equipments ; and, for the benefits to be
derived from the accommodations which may be provided
at the state camp ground for target practice, he is hereby
authorized to allow, twice each year, to the officers and
enlisted men of the volunteer militia, a sum not to exceed
two cents per mile for travel to and from the state camp
ground. For target practice upon such occasions he may
issue a reasonable amount of ammunition.

Section 1-t. The inspector-general, his assistants, or
such other officers as the commander-in-chief shall indicate,
shall make a general inspection of the militia at encamp-
ments, and detailed inspections in May or June, as jjrovid-
ed in section one hundred and four ; they shall also inspect,
once in each 3'ear, and oftener if the commander-in-chief
shall deem necessary, all armories and all state property in
the hands of the militia.

The iiispector-general, or his assistants under his orders,
may inspect au}^ organization at any time when the troops
thereof are under arms, or in attendance at their armories;
but such inspections shall not constitute tours of duty for
which pay will be allowed.

Inspections with reference to disbandment, or on account
of alleged inefficiency or irregularity, will be made on spe-
cific orders of the commander-in-chief. Such orders will
clearly set forth their objects, and will be exhibited to the
officers whose commands or affairs are to be examined or
reported upon ; and every opportunity will be given them
to make explanation, at the time, of all apparent neglect
or violation of regulations. Such inspections, ordered by
the commander-in-chief, will constitute tours of duty for
which pay will be allowed.

The inspector-general and his assistants shall act under

May allow for
repairs of uni-
forms and equip-
ments.

Target practice.

Inspector-gen-
eral to inspect
militia at en-
campments.

Inspections with
reference to dis-
bandment to be
made on orders
of the comman-
der-in-chief.

226

1878. — Chapter 265.

Surgeon-gener-
al.

Judge-advocate-
general.

the orders of the commander-in-chief. Assistant inspectors-
general of brigades shall act under the orders of their
generals, and shall not be interfered with by other officers,
of whatever rank or position, belonging to the commands
of the officers on whose staffs they are ; their sphere of
inquiry shall include every branch of military affairs, but
may in special cases be defined and limited by orders.

Section 15. The surgeon-general, subject to the orders
of the commander-in-chief, shall have general supervision
and control of all matters pertaining to the medical depart-
ment of the militia, and shall prescribe the physical and
mental disabilities exempting from military duty ; he shall
purchase and issue all medical and hospital supplies, and
perform such other duties appertaining to his office as the
commander-in-chief shall from time to time direct.

Section 16. The judge-advocate-general shall be, ex
officio, chairman of the examining board established by
section fifty-two; shall review all proceedings of courts-
martial which require the action of the commander-in-chief,
reporting thereon in writing ; shall bring such suits as may
be required under provisions of this chapter ; and shall be
the legal adviser of the military department of the Com-
monwealth in such matters pertaining to the government
of the militia as ma}" be referred to him by the commander-
in-chief.

Section 17. The inspector-general, surgeon-general,
judge-advocate-general, and all other officers of the staff of
the commander-in-chief who are, or may be, required to
make annual reports, shall forward the same to the adju-
tant-general on or before the fifth day of January in each
year for the year preceding ; such reports shall be published
by him, with his annual report to the commander-in-chief.

Section 18. Neither the adjutant-general, inspector-
general, quartermaster-general, commissary -general, or sur-
purciiase or sale geou-general, or any assistant of either of them, whether
o aiices. appointed or detailed to act as such, or any subordinate

officers of their departments, shall be interested, directly
or indirectly, in the purchase or sale of anj^ article intend-
ed for, making a part of, or appertaining to, their respective
departments, except for and on account of the Common-
wealth ; nor shall they or either of them take or supply to
his or their own use any gain or emolument for negotiating
or transacting any business in their respective departments,
other than what is or ma}"- be allowed by law.

Annual reports-.

Officers not to
be pecuniarily
interested in

1878. — Chapter 265.

227

Article V.

Of the Volunteer Militia; its Organization and Disband-

7nent.

Section 19. The active militia shall be composed of
volunteers, and shall be designated the Massachusetts Vol-
unteer Militia.

To resist invasion, quell insurrection, aid in the suppres-
sion of riots, to aid civil officers in the execution of the
laws of the Commonwealth, or in time of public danger,
the volunteer militia shall first be ordered into service.

Section 20. In time of peace the volunteer militia
shall consist of not more than sixty companies of infantry,
three companies of cavalry, three batteries of light artillery
of four guns each, and two corps of cadets.

Section 21. The commander-in-chief shall arrange the
artillery, infantry and cavalry, into regiments, battalions,
and, when necessary, unattached companies, and not more
than two brigades. As soon as practicable, the infantry
companies shall be consolidated into not more than six
regiments of two or three battalions of four companies
each by assignment to existing regiments or otherwise, to
effect which the commander-in-chief may honorably dis-
charge any field or staff officer rendered supernumerary by
consolidation. If, at the end of three years from the date
of the passage of this act, there shall remain any infantry
organization not so consolidated, the field and staff officers
of such organizations shall be honorably discharged, and
the companies transferred in such manner as will complete
the organization as prescribed.

Section 22. Petitions for organizing volunteer compa-
nies may be granted by the commander-in-chief, due regard
being had to a proper distribution of the force through the
Commonwealth; but no new company shall be organized,
except as provided in section ten, if thereby the whole
number of companies shall exceed the number established
in this act.

Section 23. To each brigade there shall be one briga-
dier-general, whose staff shall consist of one assistant adju-
tant-general, one medical director, each with the rank of
lieutenant-colonel ; one assistant inspector-general, with
rank of major, who shall be paymaster and mustering-offi-
cer for unattached companies of such brigade ; one brigade-
quartermaster, one engineer, one judge-advocate, one pro-
vost-martial, and two aides-de-camp, each with the rank of
captain, 'ihere shall also be allowed to each brigade the

Active militia to
be composed of
volunteers.

Infantry, caval-
ry, light artil-
lery and cadets.

To be arranged
into brigades
and regiments.

Organizing new
companies.

Brigadier-gen-
eral and staft'.

228

1878. — Chapter 265.

Field and staff of
regiment.

Major and staflF
officers of battal-
ion.

Company offi-
cers.

Infantry,

Cavalry.

Battery of light
artillery.

following non-commissioned staff officers ; viz., one brigade
sergeant major, one brigade quartermaster sergeant, one
brigade hospital steward, one brigade provost sergeant,
one brigade bugler, one brigade color bearer, and two bri-
gade sergeant clerks.

Section 24. To each regiment there shall be one colo-
nel, one lieutenant-colonel, one major for each battalion,
and a staff to consist of one surgeon with the rank of
major, one adjutant, one quartermaster, one paymaster
who shall be the mustering-officer, and one assistant-sur-
geon, each with the rank of first lieutenant, and one chap-
lain. There shall also be a non-commissioned staff, as fol-
lows,— one sergeant major, one quartermaster sergeant,
one hospital steward, and one drum major.

Section 25. To each separate battalion of artillery or
cavalry there shall be one major, and a staff to consist of
one surgeon with the rank of major, one adjutant, one
quartermaster, one paymaster who shall be the mustering-
officer, and one assistant-surgeon, each with the rank of
first lieutenant, and one chaplain. There shall also be a
non-commissioned staff, as follows, — one sergeant major,
one quartermaster sergeant, one hospital steward, and one
chief bugler and two guidon sergeants.

Section 26. To each compan}^ of infantr}^ there shall
be one captain, one first lieutenant and one second lieuten-
ant, one first sergeant, four sergeants, four corporals, two
musicians, and not more than forty-eight privates ; and the
minimum number of enlisted men shall be forty-one.

To each company of cavalry there shall be one captain,
one first lieutenant, one second lieutenant, one first ser-
geant, one quartermaster sergeant, four sergeants, five cor-
porals (one of whom shall be the guidon), two buglers,
and not more than sixty-four privates ; and the minimum
number of enlisted men shall be fifty-six.

To each battery of light artillery of four guns there
shall be one captain, two first lieutenants, one second lieu-
tenant, one first sergeant, one quartermaster sergeant, four
sergeants, nine corporals (one of whom shall be the gui-
don), two buglers, and not more than sixty-six privates ;
and the minimum number of enlisted men shall be fifty-
seven.

To each battery of more than four guns there shall be
for each additional gun one sergeant, two corporals, and
not more than sixteen nor less than nine privates ; for each
additional two guns there shall be one additional second
lieutenant.

1878. — Chapter 265.

229

To each unattached company of cavahy or battery of
light artillery there may be a staff to consist of one assist-
ant-surgeon M'ith the rank of first lieutenant, and a non-
commissioned staff to consist of one hospital steward.

Section 27. To each corps of cadets there shall be one cadets,
lieutenant-colonel, one major, and a staff to consist of one
surgeon with the rank of major, one adjutant, one quarter-
master, one paymaster who shall be the mustering-officer,
and one assistant-surgeon, each with the rank of first lieu-
tenant, and one chaplain ; there shall also be a non-com-
missioned staff, as follows, — one sergeant major, one quar-
termaster sergeant, one hos^pital steward and one drum
major ; and there shall be such number of line officers, not
to exceed four captains, four first lieutenants, and four
second lieutenants, and of non-commissioned officers, musi-
cians and privates, as the commander-in-chief shall deem
expedient for instruction in the school of the battalion.

These corps of cadets shall be instructed, armed and
equipped as the commander-in-chief shall direct, and shall
receive the same compensation and allowances as separate
battalions of infantry ; they shall remain unattached, sub-
ject only to the orders of the commander-in-chief, except
in case of precept as provided in section ninety-seven.

Section 28. The commander of a regiment, separate Regimental and
battalion, corps of cadets, or unattached company, may battalion bands.
employ, or raise by enlistment, a band of musicians, not to
exceed eighteen in number, to be under his direction and
command. Such musicians, while on duty, shall be subject
to all the laws and regulations for the government of the
militia, except that they need not be mustered in as pre-
scribed for enlisted men.

Section 29. The following officers and soldiers, and officers and soi-
none other, are entitled to be mounted, — every general, bL'^mo^JJued.'^ *°
field and staff officer, every officer of cavalry and artillery,
every brigade, cavalry and artillery non-commissioned
staff-officer, ever}^ enlisted man of cavalry, and the ser-
geants, the guidon-corporal and buglers of light , artillery ;
one horse only shall be allowed to each of the above men-
tioned officers 'and soldiers ; and there shall be allowed
thirty-two draft horses to each battery of light artillery of
four guns ; to each battery of light artillery of more than
four guns there shall be allowed for each additional gun
eight draft horses. No horses shall be allowed for mem-
bers of bands except by special orders of the commander-
in-chief.

Section 30. The commander-in-chief shall have full Disbandment.

230

1878. — Chapter 265.

power at any time to disband any company of the volun-
teer militia whenever it shall fall below a proper standard
of efficiency ; and he may order special inspections with a
view to disbandment, to he conducted under the direction
of the inspector-general.

Eligibility to
election or ap-
pointment to
office.

Commissioned
officers to take
rank' according
to date of com-
missions.

Appointment of
staff officers.

Aeticle VI.

Of the Election and Appointment of Commissioned Officers.

Sectiok 31. No person shall be eligible to election or
appointment to office in the militia of this Commonwealth
who is not a male citizen of the United States, of eighteen
years of age or upwards, resident in this state, or who is
disqualified by law from enrolment in the militia ; but no
citizen, otherwise qualified, shall be ineligible to office in
the militia from not having been enrolled therein. No
person shall be eligible to military office who is under sen-
tence of disability to hold office or command, or of suspen-
sion from command, in the military forces of the United
States or of any state. No citizen of the Commonwealth
above the age of forty-five j^ears shall on account of such
age be ineligible to office ^in the militia, nor incapable of
serving in a volunteer company.

Section 32. Commissioned officers shall take rank ac-
cording to the date of their commissions. Between offi-
cers of the same grade, and date of appointment or com-
mission, relative rank shall be determined by lot. The
day of the appointment or election of an officer shall be
expressed in his commission, and considered as the date
thereof.

When a staff officer is continued in his office by a new
appointment, he shall take rank according to the date of
his original commission.

Section 33. All staff officers of the militia shall be
appointed as hereinafter provided, and commissioned by
the commander-in-chief, on the request of the several ap-
pointing officers, provided tliat such appointees be eligible ;
but no medical officer shall be commissioned until he shall
have furnished satisfactory evidence to the commander-in-
chief that he is competent to perform the duties of his
office, and no judge-advocate shall be commissioned unless
he be a justice of the peace and a member of the Massa-
chusetts bar.

The staff of the commander-in-chief shall be appointed
by him ; the staff of a brigade, by the brigadier-general

1878. — Chapter 265.

231

commanding ; the staff of a regiment, separate battalion,
corps of cadets, or unattached company, by the permanent
commander thereof.

Section 34. The officers of the line of the militia shall
be elected as follows : —

Brigadier-generals, by the written votes of the field
officers of the respective brigades ; field officers of regi-
ments, separate battalions, and corps of cadets, by the
written votes of the captains and lieutenants of the several
companies of the respective regiments, separate battalions
or corps ; captains and lieutenants of companies, by the
written votes of the enlisted men of the respective com-
panies ; except that, in the corps of cadets, captains and
lieutenants shall be elected by the written votes of the
enlisted men of the respective corps.

Section 35. Elections of brigadier-generals shall be
ordered by the oommander-in-chief. Elections of other
officers of the militia shall be ordered either by the com-
mander-in-chief, or by such officers as he may authorize.

SectiOjS' 36. No election of officers shall be ordered in
an}^ company unless there shall be actually enlisted and
mustered therein at least the minimum number of enlisted
men prescribed in section twenty-six.

Section 37. Vacancies in the grades of company offi-
cers shall be filled, and the officers elect commissioned,
before any choice is made of field officers for the respective
organizations ; and every vacancy in the grade of field
officer shall be filled in each brigade before any choice is
made of brigadier-general in that brigade.

Section 38. Elections shall be held at the places most
convenient for the majority of the electors.

Section 39. No notice for an election shall be legal
unless given to each elector at least four days previous to
the time of the meeting, either verbally, or by delivery to
him in person, or leaving at his usual place of business or
abode the -order for such election.

Section 40. Officers ordering elections may preside or
detail some officer of suitable rank to preside ; an officer
of the rank of captain may preside at the election of an
officer of equal or inferior grade ; but no candidate for the
vacancy shall preside at the election, except to adjourn the
meeting if no proper officer appear to preside.

Section 41. At all elections, the presiding officer shall
keep a record of the proceedings, and shall make a certified
return of the election, or of neglect or refusal to elect,
within ten days thereafter, to the adjutant-general, through

Election of line
officers.

Elections of

bi-ii;adier-geDer-

als.

Election of com-
pany officers not
to be ordered
until 41 men are
enlisted, &c.

Vacancies in
company offi-
cers to be filled
before eleelion
of field officers.

Elections to be
held at conven-
ient places.
Notice of elec-
tions.

Officers order-
ing elections
may preside or
order officer of
suitable rank.

Presiding officer
to keep record,
and make return
to tbe adjutant-
general.

232

1878. — Chapter 265.

Certified roster
or roll to be fur-
nished to presid-
ing officer.

Majority of elec-
tors to be pres-
ent and voting.

Adjournment of
elections.

Failing to elect,
facts to be re-
ported to adju-
tant-general.

Election by a
majority vote.

Acceptance or
deolination to be
made within six
days of election.

Upon refusal to
accept at the
meeting, anoth-
er election may
be had.

Acceptance of
new office shall
vacate the oflice
previously held.

Upon neglect to
fill vacancy,
commander-in-
chief may ap-
point.^

Company with-
out officers, re-
fusing to elect,
to be disbanded.

the proper military channel, for the information of the
commander-in-chief; and the officer elect shall thereupon
be commissioned and notified to appear before- the examin-
ing board provided in section fifty-two.

Section 42. A certified roster of the brigade, regiment,
battalion, corps of cadets, or a certified roll of the company
or companies, as the case ma}^ be, shall be furnished to the
presiding officer previous to an election.

Section 43. No election shall be held unless a majority
of the electors be present and voting.

Section 44. Elections may be adjourned not exceeding
twice, and each adjournment for a period not exceeding
two days.

Section 45. In case there be no quorum, or the elect-
ors present fail from any cause to elect, and the meeting
be adjourned, the presiding officer shall report the facts in
writing to the adjutant-general.

Section 46. The person who has a majority of the
written votes of the electors present, at a meeting duly
notified, shall be deemed elected, and the presiding officer
shall forthwith notify him of his election.

Section 47. Everj^ person elected to office in the mili-
tia shall within six days declare in writing or in person to
the officer presiding at his election his acceptance or decli-
nation of such office, and such declaration shall be mac^
a part of the return of the presiding officer.

Section 48. If, before the meeting for the election of
any officer is dissolved, the person chosen signifies, either
in person or in writing, to the presiding officer, his refusal
to accept, the same shall be recorded, and made part of the
return, and the electors shall proceed to another election.

Section 49. When an officer holding a military com-
mission is elected or appointed to another office in the
militia, and accepts the same, such acceptance shall vacate
the office previously held, but such officer may continue
to serve until his successor is qualified in his stead.

Section 50. When the electors neglect or refuse to
elect to fill a vacancy, the commander-in-chief shall, ex-
cept as provided in the following section, appoint a suita-
ble person.

Section 51. If a company without commissioned offi-
cers shall have been twice ordered to elect officers, and
neglects or refuses to elect at least one of such officers,
the company shall be forthwith disbanded b}^ the com-
mander-in-chief.

Section 52. Every commissioned officer except the

1878. — Chapter 265.

233

Officers to ap-
pear before ex-
amining board.

staff officers of the commander-in-chief, medical officers
and chaphiins shall, upon being notified as provided in sec-
tion forty-one, appear before an examining board, to con-
sist of the judge-advocate-general, and two other officers
to be designated by the commander-in-chief. The board
shall examine the said officer as to his military and general
qualifications, and administer to him the oaths as pre-
scribed in section fifty-three. If in their opinion such
officer is competent, the fact shall be certified to the com-
mander-in-chief, who shall issue his order announcing the
result of such examination.

An}^ officer who shall fail to appear before the board of officer faiung to
examiners within sixty days from the date of his election ex^minationrto
or appointment, or who shall fail to pass a satisfactory ex- ^^ discharged,
amination before said board, shall be forthwith discharged
by the commander-in-chief.

Sectiox 53. Every commissioned officer, before he en- Oaths of office.
ters upon the duties of his office or exercises any com-
mand, shall take and subscribe the following oaths and
declarations : —

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

" I, A B, do solemnly swear that I will obey the lawful orders of all
my superior officers."

"I, A B, do solemnly swear and affirm that T will faithfully and

impartially discharge and perform all the duties incumbent on me as

, according- to the best of my abilities and understanding,

agi-eeably to the rules and regulations of the constitution and the laws

of the Commonwealth. So help me, God."

" I, A B, do solemnly swear that I will support the constitution of
the United States. So help me, God."

Qualifying offi-
cers.

All officers shall take and subscribe such oaths before
the examining board, provided by section fifty-two, except
the staff officers of the commander-in-chief, who may take
such oaths before an}^ competent authority.

And on the back of every commission the following cer- certificate of
tificate shall be printed and signed by the person before <i"^"fi'='*^'on.
whom such officer is qualified : —

*' This may certify that A B, commissioned as within on this
day of , A.D. personally appeared and took

and subscribed the oaths required by the constitution and laws of this
Commonwealth and a law of the United States, to qualify him to dis-
charge the duties of his office.

*' Before me, ."

234

1878. — Chapter 265.

Non-commis-
sioned officers.

Appointment.

May be reduced
to the ranks.

Article VII.

Of the Appointment and Reduction of Non-commissioned

Officers.

Section 54. Non-commissioned staff officers of bri-
gades, regiments, separate battalions, corps of cadets and
unattached companies, shall be appointed by their respec-
tive permanent commanders ; and such commanders of
regiments, separate battalions and corps of cadets shall
appoint the non-commissioned officers of companies, upon
the written nomination of the respective captains ; but
they may withhold such appointment if in their judgment
there be proper cause.

Non-commissioned officers of unattached companies shall
be appointed by their respective captains.

The permanent commander of any regiment, separate
battalion, corps of cadets or unattached company, may re-
duce to the ranks any company non-commissioned officer
of his command : permanent commanders of corps of
cadets may reduce to the ranks non-commissioned staff
officers of their corps.

Company non-commissioned officers may be reduced to
the ranks by sentence of a court-martial, as prescribed in
section one hundred and thirty-six.

Enlistment and
muster-in of «ol-
diers.

Privates.

Recruiting offi-
cers.

Article VIII.
Of the Enlistment and Muster-in of Soldiers.

Section 55. Every person enlisting in the volunteer
militia shall be mustered into the service of the Common-
wealth for a term of three years : provided, hoivever, that
any soldier who may have received an honorable discharge
from the Massachusetts volunteer militia by reason of the
expiration of his term of service may be re-enlisted and
mustered in for a term of one, two or three years, as he
may elect. All terms of service shall commence at noon
on the date of muster-in.

Section 56. All soldiers, except non-commissioned
staff officers, shall be enlisted and mustered in as privates.

Section 57. Captains shall be the recruiting officers
for their companies, the commanding officers of brigades,
regiments and separate battalions, for their respective
non-commissioned staffs, the commanding officers of corps
of cadets for their respective corps, and such persons as
the commander;in-chief may appoint for new companies

1878. — Chapter 265.

235

under section twenty-two until a captain shall have been
elected or appointed to such company.

Section 58. Every person recruited for the Massa-
chusetts volunteer militia shall sign an enlistment roll, in
form as follows : —

" I, whose signature is hereunto affixed, do hereby enlist in (cnm-
pani/, botlalion, or regiment, or corps, &c.) of the Massachusetts Volun-
teer ^Militia, for tlie term set against my name, subject to all laws and
regulations which may govern the same; and I do declare that I know
of no impediment to my serving honestly and faithfully as a soldier
for tlie term of m}' enlistment."

Section 59. As soon as practicable, and not more than
thirty days after such enlistment, the soldier shall be mus-
tered in by a competent mustering-officer, before whom he
shall make oath as follows : —

"I, , do solemnly swear that I will bear true faith and

allegiance to the Commonwealth of Massachusetts, and will support
the constitution thereof; and I do also solemnly swear that I will
faitlifully observe and obey all laws and regulations for the government
of the volunteer militia of said Commonwealth, and the orders of all
officers elected or appointed over me. I do also solemnly swear that I
will support the constitution of the United States. So help me, God."

Sworn to befoi'e me,

Mustering Officer.

And no enlisted man shall be held to duty in the volun-
teer militia, or receive any compensation or allowance,
until he shall have been so mustered.

Section 60. The commanding officer of any regiment
or separate battalion may forbid the muster-in of any per-
son enlisted by a captain of such regiment or battalion,
whenever in his judgment the person so enlisted is unfit to
be a member of the volunteer militia.

Section 61. No soldier whose term of service remains
unexpired in one organization shall enlist in another or-
ganization of the volunteer militia.

Form of enlist-
ment roll.

Oath adminis-
tered by muster-
ing officer.

Mtister-in of en-
listed man may
be forbidden by
regimental or
battalion com-
mander.

Not to enlist in
another organi-
zation before
term of service
expires.

Article IX.

Of the Discharge of Commissioned Officers.

■ Section 62. An officer may be discharged by order of
the commander-in-chief, upon either

An address of both houses of the legislature ;

The report of a court of inquiry ;

Or the sentence of a court-martial.

Section 63. An officer shall be discharged by the
commander-in-chief when such officer fails to pass the

Discharge of of-
ficer upon sen-
tence of court-
martial, etc.

Upon failure to
pass examina-
tion.

236

1878. — Chapter 265.

Upon resigna-
tion, disband-
ment, etc.

Dismissal for
crime or sen-
tence of court-
martial.

Certifloate of
discharge.

board of examiners, or fails to appear before said board as
provided in section fifty-two.

Section 64. An officer may be honorably discharged
by the commander-in-chief,

Upon tender of resignation ;

Upon the disbandment of the organization to which he
belongs ;

Or, if a staff officer, on the written request of the officer
appointing him, or upon the qualification of his appointed
successor ;

Or when he shall accept an appointment in the army or
navy of the United States.

Section 65. An officer may be dismissed by the com-
mander-in-chief.

When it shall appear to him that such officer has been
convicted of any crime, or has been dishonorably dis-
charged or dismissed from the service of the United States,
or from the militia of this or any other state ;

Or to carry out the sentence of a court-martial.

Section 66. All officers discharged from the service of
the state shall be entitled to receive a certificate of such
discharge in such form as the commander-in-chief shall
direct.

Discharge of en-
listed men.

Article X.
Of tJie Discharge of Enlisted Men.

Section 67. No enlisted man shall be discharged be-
fore the expiration of his term of service, except by order
of the commander-in-chief, and for the following reasons : —

To accept promotion by commission ;

Upon removal of residence from the state, or out of the
bounds of the command to which he belongs, to so great
a distance, that, in the opinion of his commanding officer,
he cannot properly perform his military duty ;

Upon disability, established by certificate of a medical
officer ;

Upon conviction of felony in a civil court ;

Whenever the commander-in-chief shall approve the
application of two-thirds of the members of a company,
requesting the discharge of a soldier thereof for being
habitually troublesome, or of such character as to degrade
the company ;

Whenever, in the opinion of the commander-in-chief, the
interests of the service demand such discharge ;

1878. — Chapter 265.

237

Upon his own application, approved by the commanding
officer of his company, and by superior commanders ;

To carr}- out the sentence of a conrt-martiaL

Skction (jS. Dishonorable discharges, or discharges in Dishonorable
such form as to forbid re-enlistment, shall be given only in dis<-iiarKe, upon

. ' _ o J sentence of

accordance with sentences of courts-martial. coun-martiai.

Section 69. Every soldier discharged from the service certificate to
of the Commonwealth shall be furnished with a certificate discharge?""^
of such discharge, which shall state clearly the reason
therefor.

Article XI.
Of Arms, Uniforms and Equipment.

Section 70. All commissioned officers shall provide
themselves with such uniforms, arms and equipments com-
plete as the commander-in-chief shall from time to time
prescribe ; and such uniforms, arms and equipments sliall
be free from all suits, distresses, executions or sales for
debt or payment of taxes.

Section 71. Every organization of the volunteer mili-
tia shall be provided, at the expense of the Commonwealth,
w^ith such uniforms, arms, equipments, colors, musical in-
struments, books of instruction and of record, such camp
and garrison equipage and military supplies, as may be
necessary for the proper training and instruction of the
force, and for a j.roper performance of the duty required
under this chapter, except as provided in section seventy.
Such property shall be issued to commanders of brigades,
regiments, battalions, corps of cadets, companies or de-
tachments, by the quartermaster-general, upon requisitions
in such form as may be prescribed; but, in time of peace,
no uniforms, arms, equipments or military supplies, shall
be issued to or for the use of any company, unless the said
company shall have at least the minimum number of en-
listed men prescribed by law.

Section 72. The uniform of the volunteer militia shall
consist of a coat, a fatigue blouse or jacket, a pair of
trousers, a hat complete, and a fatigue cap, for each en-
listed man, the style of which shall be prescribed by the
commander-in-chief ; and uniforms hereafter provided shall
be substantiall}- alike for each arm of the service.

No uniforms shall be provided by the state, except by a
special appropriation for that purpose ; in which case the
purchase shall be made under such inspection as the com-
mander-in-chief may direct.

Commiseionecl
officers to pro-
vide themselves
■with such uni-
forms as pre-
Hcribed by the
commander-in-
chief.

Every organiza-
tion to be fur-
nished by the
state with arms,
uniforms and
equipments.

Uniform of the
volunteer mili-
tia.

238

1878. — Chapter 265.

Uniforms, etc.,
to remain the
property of the
state, and be
used for military
purposes only.

Officer to make
annual return of
all property for
which he is ac-
countable.

Military proper-
ty to be deposit-
ed in armories.

All military
property issued
for use in ser-
vice to be re-
turned to armo-
ry within three
daj's after tour
of duty.

Soldier not to
wear uniform
except upon
duty.

Responsibility
for care and re-
turn of military
property.

Section 73. The uniforms, arms, equipments and
other property so furnished, shall remain and continue to
be the property of the Commonwealth, to be used for mil-
itary purposes only ; and such as shall not have been prop-
erly expended in such use shall be returned, when called
for by proper authority.

Section 74. Every officer receiving public property for
militarj^ use shall, on the first day of July and December
in eacli year, make a full return of all such property for
which he is accountable in such form as may be prescribed,
and shall forward the same to the quartermaster-general
within fifteen days of such dates.

Section 75. All arms, equipments and military prop-
erty of every description, which shall be furnished to the
several commands under the provisions of this act, shall
be deposited in the armories or headquarters of said com-
mands for safe keeping.

Section 76. It shall be the duty of every officer, non-
commissioned officer and soldier to return to the armory
or other place of deposit, each article of military property
of the Commonwealth issued to and received by him for
use in the military service, within three days after such
tour of duty, or forthwith upon order of his commanding
officer ; and the possession of any article of such property
by the person to whom it was issued, elsewhere than in
the armory or designated place of deposit, shall be deemed
and taken to be prima facie evidence of embezzlement of
such article of property by the person to whom it was
issued.

Section 77. No soldier shall wear or use, except upon
military duty, or by special permission of his commanding
officer, any uniform or other article of military property
belonging to the Commonwealth.

Section 78. Every officer, non-commissioned officer
and soldier, to whom a uniform or other article of military
property shall be delivered in pursuance of the provisions
of this act, shall be held personally responsible for its care,
safe keeping and return : he shall use the same for mili-
tary purposes only, and upon receiving a discharge or
otherwise leaving the military service, or upon the demand
of his commanding officer, shall forthwith surrender and
deliver up the said uniform, together with all other arti-
cles of military property that may be in his possession, to
the said commanding officer, in as good order and condition
as the same were at the time he received the same, reason-
able use and ordinary wear thereof excepted.

1878. — Chapter 265.

239

Section 79. Any soldier who shall wilfully or mali-
ciously destroy, injure or deface any article of military
property belonging to the Commonwealth, or shall retain
any property in violation of the provisions of the preced-
ing sections, shall be punished by a fine not exceeding
forty dollars, to be paid into the treasury of the Common-
wealth, to be recovered on complaint of the officer respon-
sible for such property, before any court having jurisdic-
tion ; and such delinquent shall be imprisoned in the house
of correction until such fine is paid.

Section 80. It shall be the duty of all commissioned
officers of the volunteer militia to exercise the strictest
care and vigilance for the preservation of the uniforms,
arms, equipments and military property furnished to their
several commands under the provisions of this act ; and in
case of any loss thereof Or damage thereto by reason of
the neglect or default of such officers, or either of them,
to exercise such care and vigilance, he or they shall be
liable to trial by court-martial for neglect of duty.

Section 81. Any officer receiving public property for
military use shall be accountable for the articles so re-
ceived by him ; and he shall not transfer such property, or
any portion thereof, to another, either as a loan or perma-
nentl}^ without the authority of the commander-in-chief;
and he shall be liable to make good to the Commonwealth
all such property defaced, injured, destroyed or lost b^'
any neglect or default on his part, and for the recovery of
which he has made no reasonable effort ; to be recovered
in an action of tort, to be instituted by the judge-advo-
cate-general, at the request of the quartermaster-general,
in the name of the Commonwealth.

Section 82. Upon the disbandment of any organiza-
tion which has received uniforms, arms, equipments or
equipage from the quartermaster-general, in accordance
with the provisions of this act, the commissioned officers of
such organization shall be responsible for the safe return
to the custody of the quartermaster-general of all public
property in possession of said organization ; and for any
loss or damage thereto compensation may be obtained from
the officer receipting for such property in the manner pro-
vided in section eighty-one.

Section 83. Until an officer or his legal representative
shall have received from the adjutant-general notice that
the property accounts of such officer have been examined
and found correct, the liability of such officer, or of his
estate, for public property for which he is or may have

Penalty for inju-
ry to property.

Commissioned
ofticcrs liable to
trial by court-
martial, for dam-
age to property
caused by tbeir
neglect.

Officer account-
able for articles
received for mil-
itary use.

Liability of offi-
cers upon dis-
bandment of or-
ganization.

Liability to con-
tinue until no-
tice given that
property ac-
counts are cor-
rect.

240

1878. — Chapter 265.

Adoption of uni-
form other tlian
that prescribed
hy section sev-
enty-two.

Volunteer or-
ganizations may
own and control
personal prop-
erty.

Board to inspect
and condemn
public military
property.

Military com-
mittee of legis-
lature to visit
annually arsenal
and camp-
ground.

been responsible, shall be in no wa}^ affected by resignation,
discharge, change in official position or death.

Upon, the death or desertion of an officer responsible for
public property, his immediate commander shall at once
cause the property for which such officer was responsible
to be collected, and a correct inventory made by actual
count and examination ; which inventory shall be for-
warded to the adjutant-general, in order that any deficiency
may be made good from the estate of the deceased or
deserting officer ; compensation for such deficiency may be
recovered in the manner provided in section eighty-one.

Section 84. Any organization of the militia may, with
the approval of a majority of its commissioned officers
and the commander-in-chief, adopt any other uniform than
that prescribed in section seventy-two, at their own ex-
pense ; but such uniforms shall not be worn, except by
permission of the commander-in-chief, when such organiza-
tions are on duty under his orders.

Section 85. Volunteer organizations shall have the
right to own and keep personal property which shall be-
long to and be under the control of the active members
thereof; and the commanding officer of any organization
may recover for its use any debts or effects belonging
to it, or damages for injury to such property ; action for
such recovery to be brought in the name of such com-
manding officer in any court having jurisdiction, in any
county where such organization, or part thereof, is lo-
cated ; and no suit or complaint pending in his name shall
be abated by his ceasing to be commanding officer of the
organization; but, upon the motion of the commander suc-
ceeding him, such commander shall be admitted to prose-
cute the suit or complaint in like manner and with like
effect as if it had been originally commenced by him.

Section 86. The inspector-general, and two other offi-
cers designated by the commander-in-chief, shall constitute
a board to inspect and condemn public military property
which has or may become unfit for use ; and no property
shall be sold until it has been inspected and condemned as
herein provided, and such condemnation approved by the
commander-in-chief. The proceeds of all sales of con-
demned public property shall be paid into the treasury of
the Commonwealth.

Section 87. The committee of the legislature on mili-
tary affairs shall annually visit the arsenal, state camp
ground and storehouses, and make a thorough examination
into the condition of the same, of the arms and munitions

1878. — Chapter 265.

241

of war and other property' of the state or general govern-
ment deposited there, and report the condition of the
arsenal and pn)perty to the legislature for that year.

Article XII.
Of Armories.

Section 88. The maj^or and aldermen and selectmen
shall provide for each regiment, battalion, corps of cadets,
or portion of the volunteer militia, within the limits of
their respective cities or towns, a suitable armory for the
purpose of drill, and for the safe keeping of the arms, equip-
ments, uniforms and other military property furnished to
such portion of the volunteer militia by the state ; and
shall also provide suitable grounds or places for the parade,
drill and target-practice of the militia belonging to their
respective cities and towns. They shall also provide for
the headquarters located within their limits of each bri-
gade, regiment, separate battalion, or corps of cadets, a
suitable room for the keeping of books, the transaction of
business and the instruction of officers. Necessary fuel
and lights, or a reasonable allowance therefor, shall be fur-
nished by cities and towns for each armory or headquarters
located within their limits.

Section 89. Where two or more companies of the
same battalion are located within the limits of a city or
town, the mayor and aldermen or selectmen thereof shall,
if practicable, provide such companies with a drill-hall, to
be used by them in common, of capacity sufficient for bat-
talion drill, together with a smaller room in the same
building, for each of said companies, suitable for company
meetings, and for the safe keeping of military property, as
provided in the preceding section. The headquarters of
each regiment, battalion, and corps of cadets, shall be
established with said commands, or portions thereof, as far
as practicable.

Section 90. Cities and towns in which regiments, bat-
talions, corps of cadets, or companies, or the headquarters
of brigades, regiments, battalions, or corps of cadets are
located, are hereby authorized to raise money, by taxation
or otherwise, for the purpose of erecting suitable buildings
for the armories or headquarters of such organizations.

Section 91. When a company is formed from different
places, the location of its armory shall be determined by a
majority of its members, subject to the approval of the
adj utant-general.

Armories to be
provided by cit-
ies and towns.

Headquarters to
be provided.

Fuel and lights
to be furnished.

Drill-hall to be
provided when
two or more
companies of
liattalion are in
same place.

^foney may he
raised hy taxa-
tion for build-
ing armories.

Location of arm-
ory when Com-
pany is formed
from different
places.

242

1878. — Chapter 265.

Armories to be
used for military
purposes only.

Officers to have
control of armo-
ry during peri-
od of occupa-
tion.

Penalty for mo-
lesting troops.

Amount paid
for rent to he
certified, under
oatli, to the ad-
jutant-general.

Claims for rent
to be audited by
adjutant-gener-
al.

Section 92. Armories pro^dded for the militia shall
not be used for any purpose whatever other than the legiti-
mate uses of the commands occupying them ; and no com-
mander of any regiment, battalion, corps of cadets, or
company shall allow the armory or armories of his command
to be let for other than a proper military purpose, unless
by approval of the commander-in-chief.

Section 93. Every officer whose command occupies,
assembles, or drills in any armory, drill-hall or building
allowed according to law for such purpose, shall have con-
trol of such premises during the period of occupation, sub-
ject to the orders of his superior commanders ; and any
person who shall intrude contrary to his orders or the
orders of his superior commanders, or who shall interrupt,
molest, obstruct or insult the troops, or any of them, so
occupying such premises, may be dealt with as prescribed
in sections one hundred and seventeen and one hundred
and eighteen for like offenses at the discretion of the officer
in charge of the troops, or his superior commanders : pro-
vided, however, that nothing in this section shall be con-
strued to prevent reasonable inspection of the premises by
the mayor and aldeimen or selectmen of a city or town, or
by the owners of the premises, according to the terms
which may have been specified therefor in a lease.

Section 94. The mayor and aldermen of cities, and
selectmen of towns, shall annually, in October or Novem-
ber, transmit to the adjutant-general a certificate, verified
by oath or affirmation of at least two of their board, show-
ing the name of each militia organization or headquarters
furnished with an armory, the amount paid for the rent
thereof, and that the rent charged is fair and reasonable
according to the value of real estate in their place.

Section 95. The adjutant-general shall annually ex-
amine all certificates so returned to his office, institute any
inquiries he deems expedient relative thereto, and, under
the direction of the commander-in-chief, allow them, in
whole or in part, to an amount not exceeding six hundred
dollars for a company of artillery or cavalry, four hundred
dollars for a company of infantry, and not exceeding two
hundred dollars for each brigade, regimental, or separate
battalion headquarters. The amount to be allowed to a
corps of cadets shall be determined by the commander-in-
chief, not exceeding the allowance which would be made
in the aggregate to a battalion of four companies and the
headquarters thereof. The adjutant-general shall, within
ten days after such examination, file in the office of the

1878. — Chapter 265.

243

auditor his certificate, stating the sums allowed, the name
of the command for whose use each sum is allowed, and
the place to which it belongs ; and shall thereupon notify
the mayor, aldermen or selectmen, of the sum allowed to
their place ; which sum shall be paid, upon the warrant of
the governor to such mayor and aldermen, or selectmen.

Article XIII.

Of Tours of Duty, Insjjections and Drills.

Section 96. When an invasion of, or insurrection in, volunteer miu-
the state is made or threatened, the commander-in-chief upon" ilf cas" o'f
shall call upon the volunteer militia to repel or suppress invasion or in-

.-, ^T„ , . . . .. '- .'-.'■, surrection.

the same. It such invasion or insurrection or imminent
danger thereof, in any part of the state, is so sudden that
the commander-in-chief cannot be informed and his orders
received and executed in season to resist or suppress the
same, a brigade commander in such part of the state may
order out his brigade, or any part thereof, as the command-
er-in-chief might do.

Section 97. When there is in any city or town a Troops may be
tumult, riot, mob or a body of men acting together by c^^of riot or
force, with attempt to commit a felony, or to offer violence tumult.
to persons or property, or by force and violence to break
and resist the laws of the Commonwealth, or when such
tumult, riot or mob is threatened, and the fact is made to
appear to the commander-in-chief, or the sheriff of the
county, or the mayor of the city, or the selectmen of the
town, the commander-in-chief may issue his order, or such
sheriff, mayor or selectmen may issue a precept, directed
to any commander of a brigade, regiment, battalion, corps
of cadets or company, directing him to order his command,
or a part thereof, to appear at a time and place therein
specified, to aid the civil authority in suppressing such vio-
lence, and supporting the laws ; which precept shall be in
substance as follows : —

Commonwealth of Massachusetts.

Form of pre-
cept.

To (insert the officer^ s title) A B, commanding (insert his command).

Whereas it has been made to appear to (the sherijf, mai/or, or the
selectmen^ as the case may be) of the (county, city or town) of

24-4

1878. — Chapter 265.

Form of precept, that Qiere state one or more of the causes ahove mentioned) in our

of , and that military force is necessary to aid the civil authority

in suppressing the same : Now, therefore, we command you that you
cause (t/our command, or such part thereof as 7nay be desired), armed and
equipped with ammunition, and with proper officers, to parade at
, on , then and there to obey such orders as may be

given, according to law. Hereof fail not at your peril, and have you
there this precept, with your doings returned thereon.

Officer to forth,
with order
truops to pa-
rade.

Penalty on offi-
cer for neglect.

Troops to ap-
pear armed and
.equipped.

Officer may be
detailed to com-
mand, if compa-
ny is without
officers.

Carriages to be
provided to at-
tend with sup-
plies.

This precept shall be signed and properly attested as the
act of such sheriff, mayor or selectmen, and shall be under
seal, and may be varied to suit the circumstances of the
case ; and a copy of the same shall be immediately for-
warded to the commander-in-chief.

Section 98. The officer to whom the order of the
commander-in-chief, or brigade commander, or such pre-
cept, is directed, shall forthwith order the troops therein
called for to parade at the time and place appointed; and
shall immediately notify the commander-in-chief of such
order, direct in the most expeditious manner, and by letter
through the usual military channels.

Section 99. If an officer ordered as in the preceding
section refuses or neglects to obey such order or precept,
or if any officer or soldier neglects or refuses to obey an
order issued in pursuance thereof, he shall be punished as
a court-martial may adjudge.

Section 100. Such troops shall appear at the time and
place appointed, armed, equipped, and with ammunition,
and shall obey and execute such orders as they may then
and there receive according to law.

Section 101. If a company without officers is ordered
to march, or detachment is ordered therefrom, the com-
mander of the regiment or battalion shall detail an officer
to command, who shall have the same authority to order
them to appear, to command them in the field, or to make
a draft or detachment therefrom, as the captain of such
company would have, and shall be under the same respon-
sibility.

Section 102. The mayor and aldermen of a city, and
the selectmen of a town, to which men so ordered out,
detached, or drafted, belong, when required in writing by
a commander of a regiment or detachment, shall provide
carriages to attend them with further supplies of provis-
ions and to carry necessary baggage, and provide neces-
sary camp equipage and utensils, until notified by the
commanding officer to desist ; and shall present their ac-
counts for the same to the quartermaster-general. For

1878. — Chapter 265.

245

any neglect by sncli mayor and aldermen or selectmen,
under this section, such city or town shall forfeit to the
use of the Commonwealth, not less than twenty nor more
than live hundred dollars.

Section 103. Whenever the entire volunteer militia
shall have been called out under sections ninety-six and
ninety-seven, and a still further force be required, it shall
be taken from the enrolled militia, as provided in section
nine.

Section 104. Each regiment, separate battalion, corps
of cadets, and unattached company of the volunteer mili-
tia, shall parade, for inspection and drill, one day in the
months of ^Nla}- or June, at sucli time and place as the
commander-in-chief may designate. The inspections shall
be made by the inspector-general, his assistants or such
officers as may be detailed at the request of the inspector-
general to act as assistants.

No compensation for bands shall be allowed or paid at
any of these inspections, nor shall there be any allowance
for horses at the inspections of infantry. Each inspecting
officer shall report to the insiDCctor-general in duplicate,
in regard to numbers, discipline, drill, condition of public
property in possession, and any other matters affecting
the character and efficiency of the organization ; one copy
to be retained by him, the other to be forwarded to the
commander-in-chief within sixty days from the date of the
inspection.

Section 105. The volunteer militia shall perform five
consecutive days of camp duty in each year; and unless
the commander-in-chief prescribes the time, place and
manner of assembling the troops for that purpose, each
commander of brigade, or corps of cadets, shall annually
order an encampment of his command by brigade, regi-
ments or battalions, at some time during the months of
July, August, September or October.

Section 106. All encampments shall be held upon the
state camp ground, unless otherwise directed by the com-
mander-in-chief; and no ground shall be occupied for an
encampment in the time of peace without the consent of
the selectmen of the town, or mayor and aldermen of the
city, where the encampment is to be made, unless by order
of the commander-in-chief ; such ground to be paid for by
the state on contracts to be approved by the adjutant-
general.

Section 107. At each encampment the troops shall be
reviewed and shall be thoroughly exercised in the routine

When entire
volunteer force
has been called
out, enrolled
militia shall be
taken.

Annual parade
for inspection
and drill in May
or June.

Encampment
for live days.

Encampments
to be held at
state camp
ground unless
otherwise di-
rected by com-
munder-in-chief.

246

1878. — Chapter 265.

Troops to be ex-
ercised, inspect-
ed and review-
ed.

Juda^e-advocate
to attend en-
campment, and
have the juris-
diction of a mu-
nicipal court.

Company may
be ordered to
parade with
view to dieband-
ment.

Notice for ap-
pearance for du-
ty-

Orders may be
delivered by en-
listed men.

Meetings of offi-
cers for instruc-
tion in tactics
and the customs
of the service.

of camp dut}", and shall be inspected under direction of
the brigade commanders by their respective assistant in-
spectors-general, who shall, within thirty days after such
inspection, make report thereof in duplicate to the brigade
commander, who shall retain one copy and forward the
du]3licate to the adjutant-general to be referred to the
inspector-general. Inspections of corps of cadets shall be
made under direction of the commander-in-chief by the
inspector-general or his assistants, who shall report in du-
plicate within thirty days thereafter, one copy to be sent
to the adjutant-general, the other to be retained by the
inspector-general. Inspections in camp shall cover the
points indicated in section one hundred and four. In ad-
dition to the inspections in brigades as herein provided,
all troops when in camp shall be generally inspected by
the inspector-general or his assistants, who shall report
in duplicate, one copy to be sent to the adjutant-general,
and one copy to be retained by the inspector-general.

Section 108. The judge-advocate-general or a judge-
advocate may be detailed by the commander-in-chief to
attend any encampment, and shall have during the en-
campment, within the limits of the camp, and for a dis-
tance of one mile from the guard line, the jurisdiction of
a municipal court over all offenses committed in said time.

Section 109. The commander-in-chief may, whenever
in his judgment the interests of the service require, order
any company or companies to parade for inspection with a
view to disbandment, as provided in sections fourteen and
thirty.

Section 110. For the duty required at inspections
under sections thirty, one hundred and four, and one hun-
dred and nine, and at camp under section one hundred and
five, no notice shall be considered as legal unless the same
shall have been given to each person verbally, or by deliv-
ery to him in person, or leaving at his usual place of busi-
ness or abode the order for such duty, at least four days
previous to the time appointed.

Section 111. Commanders of regiments, battalions,
corps of cadets, or companies, may direct such orders to be
delivered by one or more of the enlisted men of their com-
mand.

Section 112. The commander-in-chief may authorize
brigade commanders to call meetings of their staff-officers,
the field-officers, adjutants, and captains of unattached
companies of their commands, at some convenient place
within the limits of their brigades, six times in each year,

1878. — Chapter 265.

247

Companies or
officers may be
assembled for
evening drill or
instruction.

for instruction in tactics and the customs of the service.
Commanders of regiments, battalions, and corps of cadets,
may in like manner call similar meetings of the officers of
their respective commands, six times each year; but noth-
ing in this act shall be construed as allowing any compen-
sation for attendance at such meetings. When such meet-
ings are authorized, the quartermaster-general shall pro-
vide for all officers attending such meetings the necessary
transportation, at rates established by law, whenever the
distance travelled shall exceed five miles.

Section 113. The commander-in-chief may order out Escort duty.
any portion of the militia for escort and other duties, and
may authorize the use of mounted bands.

Section 114. The commander of any regiment, battal-
ion or corps of cadets, whose companies are located within
a radius of three miles, may at any time assemble the com-
panies, or the officers of his command, for evening drill,
instruction, or other business ; and commanders of brigades,
regiments, battalions, and corps of cadets, may order com-
pany inspections, in the evening, at the several company
armories, whenever the good of the service may demand.

Section 115. Every company shall drill at least twice
in each month. Battalion drills may count in the place of
company drills.

Section 116. No parade or voluntary service shall be
performed by any company, under arms or with state uni-
form, without the approval of tlie regimental or separate
battalion commander, or, if unattached, of its next superior.

Section 117. Every commanding officer, when on duty,
may ascertain and fix necessary bounds and limits to his
parade or encampment (not including a road so as to
prevent passing), within which no spectator shall enter
without leave from such commanding officer. Whoever
intrudes within the limits of the parade or encampment,
after being forbidden, may be confined under guard during
the time of parade or encampment, or a shorter time, at
the discretion of the commanding officer ; and whoever re-
sists a sentry who attempts to put him or keep him out of
such limits may be arrested by order of the commanding
officer, and carried before the judge-advocate-general or a
judge-advocate on duty at the encampment, as provided in
section one hundred and eight, or other court of justice
having jurisdiction of the place, to be examined or tried
upon complaint of the commanding officer for such assault
or disturbance or breach of the peace.

Section 118. If any person shall interrupt, molest, or

Company and
battalion drills.

No voluntary
parade with-
out permission.

Bounds of pa-
rade may be fix-
ed by command-
inij officer.

Punishment for
intrusion.

248

1878. — Chapter 265.

Penalty for mo-
lesting troops
while on dutv.

Troops to have
right of way in
the streets.

Soldier may he
put under guard
for military of-
fense.

Personal service
necessary to be
entitled to com-
pensation.

Parades not to
he held on elec-
tion day, except
in case of riot.

insult, by abusive words or behavior, or shall obstruct any
ofificer or soldier while on any duty or at any parade, drill,
or meeting for military improvement, he may be put imme-
diately under guard, and kept, at the discretion of the
commanding officer of the brigade, regiment, battalion,
corps, company or detachment, as the case may be, until
the duty, drill, parade or meeting, be concluded : and such
commanding officer may turn over such person to any
police officer or constable of the city or town wherein such
duty, parade, drill or meeting is held ; and said police
officer or constable is required to detain him in custody for
examination or trial before a court of justice having juris-
diction of the place.

Section 119. United States forces or troops, or any
portion of the militia parading or performing any duty,
according to law, shall have the right of way in any street
or highway through which they may pass, provided the
carriage of the United States mails, the legitimate func-
tions of the police, and the progress and 023erations of
fire-engines and fire-departments shall not be interfered
with thereby.

Section 120. Any soldier guilty of a militar}^ offense
may be put and kept under guard by the commander of
the company, corps, battalion or regiment, or of the field,
for a time not extending beyond the term of service for
which he is then ordered.

Section 121. No officer or soldier in the volunteer
militia shall receive the compensation provided in this
chapter, unless he personally performs the duties required
by law ; and no sujjstitute shall be allowed compensation
for service belonging to another to perform ; nor shall ex-
cuses granted for absence from or non-performance of mili-
tary duty entitle the person excused to receive such com-
pensation.

Section 122. No officer or soldier shall be holden to
perform military duty except in case of invasion, insurrec-
tion, riot, or tumult, made or threatened, or in obedience
to the orders of the commander-in-chief, on a day ap-
pointed, in the city or town in which he resides, for the
election of governor, lieutenant-governor, electors of pres-
ident and vice-president of the United States, or represen-
tatives to congress or to the general court ; and an officer
parading his command, or ordering it to parade, contrary
to the provisions of this section, shall be liable to trial by
court-martial.

Section 123. It shall not be lawful for any body of

1878. — Chapter 265.

249

men whatsoever, other than the regularly organized corps
of the militia, the troops of the United States, the ancient
and honorable artillery company, the veteran artillery
association of Newburyport, the veteran cadet association
of Salem, the veteran association of the independent corps
of cadets of Boston, and the Salem light infantry veteran
association, the veteran artillery association of Amesbnry
and Salisbur}', to associate themselves together as a mili-
tary company- or organization, or to parade in public with
arms in any city or town of this Commonwealth, without
the license of the governor thereof, which may at any time
be revoked ; nor shall it be lawful for any city or town to
raise or appropriate any money toward arming, equipping,
uniforming, or in any way supporting, sustaining, or pro-
viding drill-rooms or armories for any such body of men :
provided^ that associations wholly composed of soldiers
honorably discharged from the service of the United States,
may parade in public Avith arms, upon the reception of any
regiments or companies of soldiers returning from said
service, and for the purpose of escort duty at the burial of
deceased soldiers, having fii'st obtained the written per-
mission so to do of the mayor and aldermen or selectmen
of the cities or towns in which they desire to parade ; and
provided, further, that students in educational institutions
where military science is a prescribed part of the course of
instruction may, with the consent of the governor, drill
and parade with arms in public, under the superintendence
of their teachers, and provided, further, that this section
shall not be construed to prevent any organization hereto-
fore authorized thereto by law from parading with side
arms.

Section 124. Whoever offends against the provisions
of the i^receding section, or belongs to, or parades with,
any such unauthorized body of men with arms, shall be
punished by a fine not exceeding the sum of ten dollars,
or by imprisonment in the house of correction or common
jail for a term not exceeding six months, or both.

Certain ussocia-
tions in addition
to tlie militia
may parade in
public with
arms.

Associations
composed of sol-
diers.

Students in edu-
cational institu-
tions.

Penalty for pa-
rading contrary
to law.

Article XIV.

Of Excuses for Non-Performance of Duty.

Section 125. No officer or soldier of the volunteer Excuse from du-
militia not on leave of absence or furlough shall be ex- cL?s certificate
cused from duty in time of insurrection, invasion, or dis- of disability.
turbance of the peace, as provided in sections ninety-six

250

1878. — Chapter 265.

Excuse for ab-
sence from camp
duty, drills and
inspection.

and ninety-seven, except upon physician's certificate of
disability, such certificate to be presented to the com-
mander-in-chief in case of an officer, or to his regimental
battalion or corps commander in case of a soldier, Avithin
twenty days after such absence. If such officer or soldier
fail to furnish such excuse within such time, he shall be
tried by court-martial for desertion or absence without
leave, as the case may be ; and no such excuse shall avail
such officer or soldier after the expiration of such time,
unless the delinquent satisfies the tribunal before which
he is tried that it was not in his power to make such ex-
cuse within the time.

For absence from camj) duty, inspection in May or June,
and from drills, excuses may be presented to commanding
officers of regiments, battalions, or corps of cadets, and by
them allowed upon good and sufficient grounds, or accord-
ing to the rules adopted therefor in their respective organ-
izations under approval, as prescribed in section one hun-
dred and forty-five ; but no excuse shall be allowed unless
made within twenty days as above prescribed ; and delin-
quents who do not submit to fines shall be tried as herein
prescribed.

Certificates of disability and excuses of soldiers of un-
attached companies shall in like manner be presented to
their brigade commanders, and may be by them allowed.

Compensation
of officers and
soldiers.

Inspection in
May or June.

Encampment
for five days.

Article XV.

Of Pay and Allowances.

Section 126. There shall be allowed and paid to of-
ficers and soldiers of the volunteer militia, on rolls and
accounts, in such form as the commander-in-chief may
prescribe, as follows, to wit : —

For the duty prescribed in section one hundred and four,
to each officer and soldier, except inspecting officers as
hereinafter provided, the sum of two dollars ; and there
shall be allowed for each horse actually employed by the
inspecting officers at inspections of artillery and cavalry,
by the officers and soldiers of artillery and cavalry author-
ized by law to be mounted, and for each draft horse em-
ployed in the artillery, the sum of four dollars, which shall
be in full for all keeping and forage ; but no bands shall
be paid for such duty.

For each day's duty in camp, as prescribed in section
one hundred and five, to each general, field, and staff of-

1878. — Chapter 265.

251

ficer, the sum of four dollars ; to every other commissioned
officer, the sum of two dollars and lifty cents; to every
non-commissioned staff officer, the sum of two dollars ; to
every member of a band, the sum of four dollars ; and to
ever}' other enlisted man, the sum of two dollars. And
there shall be allowed for each horse actually employed
by officers and soldiers authorized by law to be mounted,
and for each draft horse employed in the artillery, the sum
of four dollars per day, which shall be in full for all keep-
ing and forage.

For each day's duty under sections ninety-six and nine-
ty-seven, or under orders of the commander-in-chief, unless
otherwise specially provided, or as a witness or defendant
under summons, as provided in section one hundred and
thirty-nine, or as inspecting officer at the inspection pro-
vided in section one hundred and four, the same as herein
before provided for camp duty.

To each assistant adjutant-general of brigade, and to
each adjutant, there shall be allowed and paid the sum of
twenty dollars pfer annum ; and to each regimental, battal-
ion, or corps paymaster, the sum of twelve and one-half
dollars per annum for each company in the command to
which he is attached.

There shall be allowed and paid to each officer detailed
by competent authority to perform the duties of another
the pay and allowances of the grade or office so filled :
provided, that no officer shall be paid for duty under two
offices at the same time, nor two officers for the same duty.

Sectiox 127. There shall be allowed and paid to each
officer and soldier obliged to travel on duty, as follows,
to wit : —

When upon duty required or performed under sections
thirteen, ninety-six, ninety-seven, one hundred and four,
one hundred and five, one hundred and nine, and one
hundred and thirteen, the sum of two cents per mile each
"way, the distance to be computed by the line of most
direct railroad communication from the place in which the
headquarters of the various commands and the armories
of the companies are situated.

When upon duty as a member or judge-advocate of any
military court or board, or as a witness or defendant before
such court or board ; when appearing before the board of
examiners provided in section fifty-two ; when attending
meetings of officers as provided in section one hundred
and twelve ; as the presiding officer at an election, or as an
elector at the election of a general or field-officer ; or as a

InvaBion, insur-
rection or riot.
Escort duty.

Assietant adju-
tant-general and
adjutant.

Officer detailed
to perform du-
ty of another.

Allowance for
travel.

252

1878. — Chapter 265.

Allowance for
transportation
of horses.

Ko allowance
for transporta-
tion not actually
employed.

Transportation*
forage and sub-
sistence.

Allowance for
incidental ex-
penses at head-
quarters.

Fee for appear-
ing before
courts of in-
quiry or courts-
martial.

paymaster; or in any case when obliged, bj'' orders of the
commander-ill-chief, to travel without troops, — the sum
of four cents per mile each way, the distance to be com-
puted by the line of most direct railroad communication
from the residence of the officer or soldier.

Section 128. Mounted officers and enlisted men, when
ordered by the commander-in-chief to transport their horses,
shall be allowed the actual cost of such transportation
from the nearest point of departure from the place where
the several headquarters or the armories of the compa-
nies to which they belong are situated.

Section 129. No allowance shall at any time be made
for transportation not actually employed, nor to officers or
enlisted men when transported by means of horses provided
by the state.

Section 1^0. Forage and subsistence shall be fur-
nished in kind by the quartermaster and commissary-gener-
al when troops are on duty under sections ninety-six and
ninety-seven ; and, when practicable, transportation in
kind shall be furnished by the quartermaster-general in
lieu of the money allowances herein before provided.

Section 131. There shall be allowed annually for
postage, stationery, and office incidentals, to each brigade
headquarters, the sum of five dollars for each regiment,
battalion, and unattached company in such brigade ; to
each regimental and separate battalion headquarters, the
sum of five dollars for each company in such regiment or
battalion ; to each corps of cadets, the sum of twenty-fiA'^e
dollars ; and to each company, the sum of ten dollars.

Section 132. There shall be allowed and paid to each
person not in the military service of the Commonwealth,
appearing before courts of inquiry or courts-martial under
summons of the president or judge-advocate thereof, the
sum of one dollar and fifty cents for each da}- 's attendance,
and the further sum of four cents for each mile necessarily
travelled in obedience to such summons.

Courts of in-
quiry for inves-
tigating conduct
of officers.

Article XVI.

Of Courts of Inquiry and Courts-3Iartial.

Section 133. Courts of inquiry may be instituted by
the commander-in-chief for the purpose of investigating
the conduct of any officer, either by his own solicitation, .
or on a complaint or charge of improper conduct degrading
to the character of an officer : but no such court shall con-

1878. — Chapter 265.

253

sist of more than three officers, wlio may, with the approval
of the commander-ill-chief, require a judge-advocate to
attend such court in taking testimony, and investigating
any complaint that may come before it.

Section 134. Such court of inquiry shall, without
delay, report the evidence adduced, a statement of facts,
and an opinion thereon, when required, to the commander-
in-chief, who may in his discretion thereupon order a court-
martial for the trial of the officer whose conduct has been
inquired into, or may discharge such officer, as provided
in section sixty-two.

Section 135. General courts-martial for the trial of
commissioned officers shall be ordered by the commander-
in-chief at such times as the interests of the service may
require, and shall consist of not less than three nor more
than seven officers, none of whom shall be of less rank
than the accused.

Section 136. For the trial of non-commissioned offi-
cers, musicians, and privates, the commanding officer of
each brigade shall, at such times as may be necessary,
appoint a battalion or regimental court-martial for any
regiment, battalion, or unattached company in his brigade :
in like manner, the commander-in-chief shall make orders
for the corps of cadets. Such court shall consist of one
officer of the line whose rank is not below that of major.
Such court, unless otherwise directed by the commander-
in-chief, shall be held at the armory of the company, or,
in case of a non-commissioned staff officer, at the head-
quarters of the battalion, corps of cadets, regiment, or bri-
gade, to which the accused belongs, and shall have power,
subject to the approval of the officer ordering the court,
to sentence to be reprimanded in company, corps, battalion,
or regimental orders, or, in case of a company non-com-
missioned officer, to be reduced to the ranks ; and such
court may, with the approval of the commander-in-chief,
sentence to be reprimanded in brigade orders, or in orders
from general headquarters, to be dishonorably discharged,
or to be discharged and disqualified from holding office in
the militia of the Commonwealth.

Section 137. In all general, regimental or battalion
courts-martial, the arraignment of the accused, the proceed-
ings, trial and record, shall in all respects conform to the
regulations established for the government of the militia
of the Commonwealth ; and the sentences of such cotirts
shall be in accordance with the nature and degree of the
offense, and according to established military usage, but

To report evi-
dence, &c.,when
required, to
cominander-in-
chief.

General courts,
martial for trial
of commissioned
officers.

Regimental
courts-martial
for trial of non-
commissioned
officers and pri-
vates.

Proceedings to
conform to the
regulations es-
tablished for
government of
the militia.

254

1878. — Chapter 265.

Proceedings and
sentence to be
forwarded to of-
ficer competent
to review the
same.

President and
judge-advocate
may summon
witnesses and
administer
oaths.

Penalty for fail-
ing to serve sum-
mons, or on wit-
ness failing to
appear.

Oflfenses for
which commis-
sioned officer
may be tried by
court-martial.

shall not extend further, in time of peace, than dismissing or
discharging the officer or soldier, and disqualifying him from
holding any office in the militia of this Commonwealth.

Section 138. The proceedings and sentence of every
court-martial shall without delay be forwarded to the
officer competent to review the same, who shall approve
or disapprove of such proceedings and sentence within
fifteen days thereafter ; but nothing in this section shall
be construed to limit the power of the reviewing officer
to mitigate or commute the sentence of such court. A
roll of the officers of the court and of the accused or
charged persons and witnesses appearing before it, with the
residence and number of days' attendance of each, shall
constitute a part of the record of every court of inquiry or
court-martial.

Section 139. The president of every court-martial or
court of inquiry, and also the judge-advocate, shall have
power to administer the usual oath to witnesses, and may
issue summonses for the accused and all witnesses whose
attendance at such court may in his opinion be necessary
in behalf of the Commonwealth, and also on application,
for all witnesses in behalf of the accused or charged officer
or soldier; and he may direct the commanding officer of
any company to cause such summonses to be served on any
person who may be a member of his company, or may
direct the commanding officer of any brigade, regiment,
separate battalion, or corps of cadets, to serve such sum-
monses on any person who may be a commissioned or non-
commissioned officer of his staff.

Section 140. Any officer or soldier failing to serve
such summons, and any witness failing to appear when so
summoned, and not having a sufficient or reasonable
excuse, shall be liable to trial by court-martial as for dis-
obedience of orders.

Section 141. Every commissioned officer may be tried
by court-martial for the following offenses : —

For unmilitary or unofficer-like conduct ;

For drunkenness on duty ;

For neglect of duty ;

For disobedience of orders, or an act contrar}- to the pro-
visions of this chapter, or to the provisions of the regula-
tions for the government of the militia ;

For oppression or injury of any under his command;

For a combination or attempt to break, resist or evade,
the laws or lawful orders given to a person, or advising
any person so to do ;

1878. — Chapter 265.

255

For insult to a superior officer in the line of military
duty ;

Ft)r presuming to exercise his command while under
arrest or suspension ;

For neglect or refusal, when commanding officer, to
order out the troops under his command when required by
law or ordered by his superior officer ;

For neglect or refusal to make a draft or detachment
when legally ordered to do so ;

For parading the troops under his command on days of
election, contrary to law ;

For receiving any fee or gratuity, as a medical officer,
for a certificate of inability to do military duty ;

For neglect, when detailed to train and discipline a com-
pany, to make complaint for neglect or violation of duty
as provided by law, or for any other neglect for which a
commanding officer of the company would be liable ;

For neglect or refusal to march, to make a draft, or for
disobedience to an order, in case of rebellion or insurrec-
tion, as provided by law ;

For refusal or neglect to obey a precept or order to call
out the militia, or an order issued in obedience thereto, or
for advising any officer or soldier to do the like ;

For making a false certificate, account, or muster ;

Or for conduct unbecoming an officer and gentleman, or
to the prejudice of good order and military discipline.

Section 142. Any enlisted man may be tried by court-
martial, —

For disobedience of orders or an act contrary to the pro-
visions of this chapter, or to the provisions of the regula-
tions for the government of the militia, or to the by-laws
of the organization to which he belongs ;

For disrespect to his superiors ;

For mutiny or desertion ;

For neglect of duty ;

Or for drunkenness on duty.

Section 143. No officer or soldier shall be tried by
court-martial for any offense which shall appear to have
been committed more than two years before the issuing of
the order for such trial, unless the person, by reason of
having absented himself from the state, or some other im-
pediment, shall not have been amenable to justice within
that period.

Section 144. Whenever any portion of the military
forces of the Commonwealth shall be ordered by the com-
mander-in-chief to assemble for the purpose of suppressing

Offenses for
which enlisted
man may be
tried.

Not to be tried
for an offense
committed more
than two years
before issuance
of order for trial.

When in service
for suppressing
riot, &c., to be
governed by the
articles of war.

256

1878. — Chapter 265.

any riot, insurrection, invasion, or in time of public dan-
ger, the rules and articles of war and general regulations
for the government of the army of the United States, so far
as they are applicable, and with such modifications as the
commander-in-chief may prescribe, shall be considered in
force, and regarded as part of this act, during the contin-
uance of such service ; but no punishment under such
rules and articles which shall extend to the taking of life
shall in any case be inflicted, except in time of actual war,
invasion or insurrection, declared by proclamation of the
governor to exist, and then only after the approval of the
commander-in-chief of the sentence inflicting such punish-
ment.

Constitutional
ai'tielfs of agree-
ment may be
adopted, subject
to the approval
of the comman-
der-in-chief.

Provisos.

Fines establish-
ed under articles
of agreement or
by-laws.

Article XVII.
Of Regimental^ Battalion^ and Company By-Laws.

Section 145. Companies, corps of cadets, separate bat-
talions, or regiments, may adopt constitutional articles of
agreement or by-laws, subject to the approval of the com-
mander-in-chief, for the government of matters relating to
the interior economy of their respective organizations, the
regulation of fines for non-performance of duty, and the
determination of causes upon which excuses from fines
may be based : provided^ hoivever^ that such articles or rules
shall not be repugnant to law or the regulations for the
government of the militia ; and provided^ that the articles
or rules adopted by any company attached to a regiment
or battalion shall not be repugnant to the articles or rules
adopted for the general government of such regiment or
battalion. Certified copies of such articles or rules, with
like copies of all alterations as finally approved by the
commander-in-chief, shall be deposited in the office of the
adjutant-general.

Section 146. When regiments, battalions, corps of
cadets, or companies, establish in their constitutional arti-
cles of agreement or by-laws the amounts which may be
collected as fines from officers and soldiers of the volunteer
militia for the non-performance of duty, such fines shall
not exceed the amounts named as follows : —

For each day's absence from camp, or from inspection
in May or June, five dollars.

For each day's absence from special duty when ordered
by the commander-in-chief, or from any parade ordered by
the commanding officer of a regiment, battalion, corps of
cadets, or unattached company, three dollars.

1878. — Chapter 265.

257

For each absence from compan}' or battalion drill, or
meeting of officers or non-commissioned officers ordered
for the purpose of instruction, or from an election, one
dollar.

Article XVIII.
Creneral Provisions.

Section 147. The commander-in-chief is authorized
to make and publish regulations for the government of
the militia in accordance with existing laws.

Section 148. The sj^stem of discipline and field-exer-
cise ordered to be observed by the army of the United
States, or such other system as ma}^ hereafter be directed
for the militia b}^ laws of the United States, shall be ob-
served by the militia.

Section 149. No officer or soldier shall be liable to
jury duty while in the active militia service ; and any
officer or soldier who shall have served continuously and
faithfully for nine years in the volunteer militia shall be
exempt for life thereafter from the performance of jury
duty.

Section 150. No officer or soldier shall be arrested on
civil process while going to, remaining at, or returning
from a place where he is ordered to attend for election of
officers or military duty.

Section 151. If an officer or soldier is wounded or
otherwise disabled, or is killed, or dies of wounds received
while doing military duty, according to law, in case of
invasion, insurrection, or disturbance of the peace, he, his
widow or children, shall receive from the general court
just and reasonable relief.

Section 152. All military accounts, unless it is other-
wise specially provided by law, shall annually, on or before
the fifth day of January, be transmitted to the adjutant-
general, and examined, and, if found correct, certified by
him. They shall then, unless it is otherwise specially pro-
vided by law, be presented to the state auditor for allow-
ance, and, upon such allowance certified by him to the
governor, shall be paid to the persons to whom they are
personally due, or to their order, at the treasury of the
Commonwealth ; and no military account shall be certified
by the adjutant-general, or allowed by the auditor, unless
presented to the adjutant-general for allowance within the
time prescribed by law.
33

Regulations for
government of
militia.

United States
system of disci-
pline, etc., to be
observed by the
militia.

Exemption from
jury duty.

Not to be arrest-
ed oa civil pro-
cess while on
duty.

Relief for inju-
ries received in
service.

Military ac-
counts to be
trauHHiitted to
adjutiint-gcneral
on or before the
fiithday of Janu-
ary.

258

1878. — Chapter 265.

Paymasters to
take vouchers
for payments,
and file in the
treasury an ac-
count of their
payments.

To give bond
with sureties.

Any officer to
whom military
property is is-
sued may be re-
quired to give
bond.

Rolls of officers
and enlisted
men to be made
'on the first of
June and for-
warded to the
adjutant-general
within twenty
days.

Administration
of oaths by offi-
cers.

Section 153. Paymasters shall take proper vouchers
in duplicate for the payment of all moneys, and, immedi-
ately after the payment of troops, shall file with the treas-
urer of the Commonwealth an account of their payments,
with the duplicates of their vouchers ; and such accounts
shall be audited by the state auditor, and the several
paymasters held to account for any and all discrepancies
which may be found to exist.

Section 154. Paymasters shall give bond in the penal
sum of ten thousand dollars, mth two sureties at least, to
be approved by the governor and council, conditioned
faithfully to discharge the duties of their office.

Section 155. Au}^ officer to whom any public military
property shall at any time be issued may be required to
give bond, with two sureties, satisfactory to the governor
and council, conditioned faithfully to discharge the duties
of his office ; to use all necessary care in the safe keeping
of military stores and j^roperty committed to his custodj' ;
to account for the same, and deliver over to his successor,
or to any other person authorized to receive the same, all
such military property.

Section 156. Eolls of the volunteer militia, showing
the names of all general, field, staff, and non-commissioned
staff officers, and the names of all company officers and
enlisted men in the service, shall be made on the first of
June in each year, and shall be forwarded to the adjutant-
general within twenty days thereafter : they shall be pre-
pared for companies by the resj)ective company command-
ers, and all others by direction of the commanding officers
of the several organizations. A sworn copy of such rolls
shall be furnished by the commanding officers of companies
and such other organizations to the mayor and aldermen
of the city or selectmen of the town in which such com-
panies or organizations are located, for the purposes set
forth in section one hundred and forty-nine of this act.
The clerk of the ancient and honorable artiller}^ company
shall furnish annually, as provided herein, the mayor and
aldermen of the city of Boston with sworn rolls of all
active members belonging to the company.

Section 157. General and field officers, paymasters,
the judge advocate-general, and all judge-advocates, shall
have power to administer the oaths required in this chap-
ter, except as provided in section fifty-two, and such oaths
as may be required by the regulations for the government
of the militia.

Section 158. Mustering officers of corps of cadets,

1878. — Chapter 265.

259

lioldinc^ tlio rank of captain at the date of the passage of
this act, sliall not by virtue of its provisions be reduced in
rank.

Section 159. Nothing contained in this act shall be
construed as affecting the right of the ancient and honora-
ble artillery company to maintain its organization as a
militar}' company according to ancient usage, and agreea-
bly to the provisions of its constitution and by-laws, pro-
vided the same are not repugnant to the laws of this
Commonwealth, or do not restrain the lawful parades or
exercise of the militia active.

Section 160. In this chapter the word "soldier" shall
include musicians and all persons in the volunteer or
enrolled militia except commissioned officers, and the word
" compan}* *' shall include battery.

Section 161. Civil officers named in this chapter, neg-
lecting or refusing to obey its provisions, shall, except as
otherwise specially provided, forfeit not less than twenty
nor more than five hundred dollars.

Section 162. An officer of the volunteer militia shall,
on vacating an office, turn over to his immediate successor,
or other officer designated by the commander-in-chief, all
records, reports, and military property in his possession
belonging or pertaining in any way to such office.

Section 163. No organization of the militia shall be
liable to be ordered without the limits of the state, and no
military organization shall leave the state, for any period
or purpose whatever, with public military property in its
possession, or to be used by it, without the consent of the
commander-in-chief. Any organization disobeying the pro-
visions of this section shall forthwith be disbanded by the
commander-in-chief, and its officers and members be liable
to trial by court-martial for disobedience of orders.

Section 164. The militia, when in the service of the
United States, if paid by the Commonwealth, shall receive
the same pay and allowances as the regular troops of the
United States ; and the rations, when commuted, shall be
valued at the rate fixed by the regulations of the United
States army in force at the time. When the militia are
discharged from such service, they shall be Allowed pay
and rations to their respective homes.

Section 165. Chapter three hundred and one of the
acts of eighteen hundred and sixty-four ; three hundred
and twenty of the acts of eighteen hundred and seventy-
four : two hundred and twenty-nine of the acts of eighteen
hundred and seventy-five ; two hundred and four of the

Mustorini; ofli-
cers of cadets.

Rights of the an-
cient and honor-
able artillery
company not af
fected.

Constniction of
the word " sol-
dier."

Penalty on chil
olficers for nesj-
lect.

Officer to turn
over property
and records to
immediate suc-
cessor.

Troops not to
leave the state,
without permis-
sion of comman-
der-in-chief.

Militia in ser-
vice to recei%'e
same pay as
United States
regular troops.

Repeal.

260

1878. — Chapter 266.

Reorganization'
and consolida-
tion.

Chap. 266

Deed of real es-
tate sold for non-
payment of
taxes.

ProceedingB
when collector
has reason to
believe that
title is invalid,
&c.

acts of eighteen hundred and sevent3'-six ; one hundred
and seventeen, one hundred and eighteen, and one hun-
dred and seventy-one, of the acts of eighteen hundred and
seventy-seven ; and all other acts, and parts of acts, incon-
sistent with the provisions of this act, are repealed, except
as provided in section one hundred and sixty-six ; but this
section shall not be construed as reviving or in any manner
restoring any former acts, or parts of acts, that were re-
pealed by either of the chapters herein before named.

Section 166. Until reorganized and consolidated as
prescribed in this act, each organization of the militia shall
remain as hitherto provided by law, except as provided in
section twenty.

Section 167. This act shall take effect upon its pas-
sage. A]}proved May 16, 1878.

An Act in relation to the collection of taxes.
Be it enacted, &c., as follows:

Section 1. Section six of chapter one hundred and
eighty-three of the acts of the j^ear one thousand eight
hundred and sixty-two is hereb}^ amended by adding there-
to the following words: '■'■ jjrovided, the said purchaser
shall, within two years from the date of said deed, in
writing, offer to surrender and discharge the same, or to
assign and transfer to the town or city all his right, title
and interest therein, as the collector thereof shall elect."

Section 2. Whenever the collector of taxes in any
city or town has reasonable cause to believe that the title
created by any deed given in consequence of a sale for
non-payment of taxes, or of any assessment, a lien for
which is enforceable by sale of real estate, is invalid by
reason of any error, omission or informality in any of the
proceedings of assessment or sale, he may, within two
years from the date of said deed, or in the case of existing
deeds within two years from the passage of this act, give
notice to the person who appears by the recoids in the
registry of deeds of the county or district wherein the city
or town lies, to be the holder of such title, requiring him
within thirty days to surrender and discharge the deed so
given, and to receive from the city or town the sum due
therefor, with interest, as provided by law, or to file with
the collector a written statement that he refuses to make
such surrender or discharge ; and such statement shall be
deemed an absolute release of the city or town from any
liability wliatever upon the warranty contained in said
deed.

1878. — Chapter 266.

261

Section 3. The notice required by the preceding sec-
tion shall be served in the manner prescribed by law for
the service of summonses for witnesses in civil cases ; bvit
in case the holder has no place of abode in, or cannot be
found in, tiie city or town, it shall be served by mail, or
by publication one week in some newspaper published in
the county wherein the city or town lies ; or, if there be
none such, in some newspaper published in an adjacent
county. If the holder fails to comply with such notice
the collector shall, upon the expiration of thirty dsiys from
the service thereof, cause a copy of the notice, with an
affidavit by himself or a disinterested person, of the service
thereof, taken before a justice of the peace, to be filed and
recorded in the registry of deeds of the county or district
wherein the city or town lies. A note of reference to the
record of said copy shall be made on the margin of the
record of the collector's deed therein referred to ; and
from the time of such record the interest payable by law
in respect of such deed shall cease, and said copy when so
recorded shall have the effect to release and discharge all
right and title acquired under such deed. The collector
shall notify the treasurer of tlie city or town, who shall
appropriate out of any funds in his hands the amount due
in respect of said deed for the use and benefit of the per-
sons entitled thereto, and shall pay it over on reasonable
demand.

Section 4. If the invalidity of any deed so recalled
by the collector arose by reason of any error, omission or
informality in any of the proceedings of assessment, the
collector, after obtaining a surrender and discharge of the
deed from the holder, or causing a copy of the notice to
be filed and recorded as provided in the preceding section,
shall forthwith notify the board by whom the tax or as-
sessment was laid, who shall immediately re-assess the
same as provided by section fifty-three of chapter eleven
of the General Statutes. If such invalidity, however,
arose by reason of any error, omission or informality in
any of the proceedings of the collector, he shall, after ob-
taining a surrender and discharge of the deed, or causing
a copy of the notice to be filed and recorded as aforesaid,
forthwith collect the unpaid tax or assessment referred to
in such deed by proceedings in conformity to law.

Section 5. In addition to the power now given by
law to enforce the lien for a tax or assessment laid on real
estate, with all incidental costs and expenses by sale there-
of, the collector shall have power to take for the city or

Service of no-
tice.

If invalidity is
caused by error
in assessment,
tax must be re-
assessed.

Collector may
take the whole
of real estate, if
tax is not paid
within fourteen
days after de-

262

1878. — Chapter 266.

mand, under
<i. 8. 12, §§ 22.
24, 25.

To give three
weeks' notice of
intention to ex-
ercise power of
taking estate.

Method of en-
forcing lien may
be determined
by cities and
towns.

If tax-title is in-
valid, collector

town the whole of the real estate taxed or assessed, if the
tax or assessment is not paid within fourteen days after a
demand of payment made as required by sections twent}-
two, twenty-four or twenty-five of chapter twelve of the
General Statutes, and still remains unj)aid at the date of
such taking. The collector shall give three weeks' notice
of his intention to exercise such power of taking ; which
notice may be served either in the manner prescribed by
law for the service of summonses for witnesses in civil
cases, or by advertisement thereof in the manner required
by section twenty-eight of chapter twelve of the General
Statutes, and shall contain the particulars required by sec-
tion twenty-nine of said chapter twelve. He may also
post a similar notice in accordance with the provisions of
section thirty of said chapter twelve. The affidavit of the
collector, or of a disinterested person, taken before a jus-
tice of the peace, of the service of the demand of pay-
ment, and of the notice herein provided, made upon a
copy thereof, and filed and recorded in the registry of
deeds of the county or district where the land lies, shall
be competent evidence of such demand or notice. But
the demand of payment may be made, and the evidence
thereof perpetuated, in the manner provided by section
twenty-seven of said chapter twelve. Said affidavits shall
be annexed to the instrument of taking, which shall be
under the hand and seal of the collector, and shall contain
a statement of the cause of taking, a substantially accurate
description of each parcel of land taken, the name of the
person to whom the same was assessed, and the amount of
the tax thereon, and of incidental costs and expenses to
the date of taking. Said instrument shall be filed and re-
corded in the registr}" of deeds of the county or district
where the land lies ; and the title to the lands so taken
shall thereupon vest in the city or town, subject to the right
of redemption given by section thirty-six of chapter twelve
of the General Statutes as amended by this act.

Section 6. Every city by ordinance, and every town
bj^ by-law, may determine and direct which power its col-
lector shall exercise to enforce the lien for a tax or assess-
ment laid on real estate, — that of sale under section
twenty-two of chapter twelve of the General Statutes, or
that of taking under section five of this act ; and in the
absence of any such ordinance or by-law the collector
may exercise either power at his discretion.

Section 7. Whenever the collector has reasonable
cause to beheve that a tax-title, held by a city or town

1878. — Chapter 266.

263

under a sale or taking for non-payment of a tax or assess-
ment, is invalid by reason of any error, omission or infor-
mality in any of the proceedings of assessment, sale or
taking, he may release, disclaim and annul such title by
an instrument under his hand and seal, duly filed and re-
corded in the registry of deeds of the county or district
where the land lies. If the invalidity of such title arose
by reason of any error, omission or informality in any of
the proceedings of assessment, he shall forthwith notify
the board by whom the tax or assessment was laid, who
shall immediately re-assess the same, as provided by sec-
tion fifty-three of chapter eleven of the General Statutes.

Section 8. The treasurer or other disbursing officer of
any cit}^ or town may, and if so requested by the col-
lector of that place shall, withhold payment of any mon-
eys that may be made payable from the treasury of that
place to any person whose taxes, assessed in that place,
are then due and wholly or paitly unpaid : provided^ that
no greater sum shall be thus withheld than is necessary
to pay the amount of tax then due as aforesaid, with
interest and costs. The sura withheld shall be payable to
the collector, who shall, if required, give a written receipt
therefor. The person taxed may, in such case, have the
same remedy as if he had paid such tax after a levy upon his
goods. The collector's right as established by this section
shall be valid against any trustee process not commenced,
or any assignment not recorded, prior to the passage of
this act.

Section 9. No person entitled under the provisions of
section thirty-six of chapter twelve of the General Stat-
utes to redeem real estate sold for non-payment of a tax
or assessment, shall have a right to redeem land held by a
city or town under a sale or taking for non-payment of a
tax or assessment, unless he pays or tenders to the col-
lector thereof all sums due the city or town in respect of
said land by reason of all such sales or takings thereof,
and of all subsequent taxes or assessments thereon due
and unpaid, with all interest and incidental costs and
expenses.

Section 10. If no person, lawfully entitled within the
time prescribed by law, redeems the property purchased
for and held by a city or town under the provisions of
chapter one hundred and eighty-three of the acts of the
year one thousand eight hundred and sixty-two, or taken
for it under the provisions of this act, the city or town
shall forthwith proceed to sell the real estate at public

may annul and
release the
eame.

Re-assessment
in case of error.

Payment of
money may be
wthheld from
person owing
taxes.

Redemption of
real estate sold
for non-payment
of tax or assess-
ment.

If property is
not redeemed,
real estate may
be sold at public
auction.

264

1878. — Chapter 266.

"UTienever con-
veyance affect-
ins title is re-
corded, register
to note reference
thereto on mar-
gin of deed of
taking.

Amendment to
act concerning
taxes, etc., in
Boston, ap-
proved March
12, 1808.

Amendments to
1862, 183, § 10.

auction, after having given the same notice as is required
in section twenty-eight of chapter twelve of the General
Statutes, executing and delivering to the highest bidder
therefor a quit-claim deed ; and from the money arising
from said sale shall be deducted the expenses of making
the sale, together with the amount named in the collector's
deed or instrument of taking, as the sum due when the
same was executed, and all interest and charges thereon
fixed by existing law, and also all subsequent taxes and
assessments, with all interest and charges due in respect
thereof; the balance, if unj, shall be deposited in the city
or town treasury, subject to the provisions of section seven
of chapter one hundred and eighty-thi^ee of the acts of the
year one thousand eight hundred and sixty-two.

Section 11. Whenever there is recorded in a registry
of deeds a conveyance affecting, by way of assignment,
release, partial release, discharge or disclaimer, a title
created by any deed or instrument of taking, executed in
consequence of a sale or taking for non-payment of a tax
or assessment, the register of deeds shall make a note of
reference to the record of such conveyance on the margin
of the record of the deed or instrument of taking therein
referred to.

Section 12. The second section of " An Act regulat-
ing the collection of taxes in the town of Boston, and pro-
viding for the appointment of constables in said town,"
approved March twelfth, one thousand eight hundred and
eight, is hereby amended by striking out the words " and,
for collecting the sum of money due on said warrant,
receive the fees that are allowed by law for levying execu-
tions in personal actions."

Section 13. Section ten of chapter one hundred and
eighty-three of the acts of the year one thousand eight
hundred and sixty-two is hereby amended by, striking out
the words " each notice ", in the ninth line of said section,
as printed in the second edition of volume one of the
Supplement to the General Statutes, and inserting in place
thereof the words " such service " ; by striking out the
words " for poundage, four per cent, on the first one hun-
dred dollars, two per cent, on the second hundred dollars,
and -one per cent, on the balance of the tax," in the fif-
teenth, sixteenth and seventeenth lines of said section ;
and by inserting after the word " sale," in the nineteenth
line of said section, the words "or taking." Whenever
the collector exercises the power of taking given by sec-
tion five of this act, there shall be allowed to him, and

1878. — Chapter 266. 265

added to the amount of the tax, the same charges and fees
as are fixed for simihir proceedings by section ten of chap-
ter one hundred and eighty-three of the acts of the year
one thousand eight hundred and sixty-two as hereby
amended; and when service of the demand of payment,
and notice of intention to take, is made in the manner
prescribed by law for the service of summonses for wit-
nesses in civil cases, there shall be allowed therefor, and
added as above mentioned, fifty cents, together Avith the
fees for travel fixed by section one of chapter one hun-
dred and one of the acts of the year one thousand eight
hundred and sixty-five.

Section 14. Section thirty-six of chapter twelve of ^"|"f.™|§22f
the General Statutes is hereby amended by striking out in 36,39,46,42.
the third, fourth and fifth lines, these words, viz., "to the
purchaser, or his heirs and assigns, the sum paid by him,
"with ten per cent, interest and all necessary intervening
charges," and inserting instead thereof these words ; viz.,
" to the collector the amount of the tax for which said
property was taken, with the charges and fees provided in
section eleven of this act, and all intervening taxes, or to
the purchaser, his heirs or assigns, the original sum and
intervening taxes j^aid l)y him, and in each case with ten
per cent, interest, and the cost of recording the tax deed or
evidence of taking, and the sum of five dollars for exami-
nation of title." Section forty of said chapter is hereby
amended by striking out in the seventh and eighth lines
these words, viz., " of the sum j)aid by him, with ten per
cent, interest and all necessary intervening charges," and
inserting instead thereof the same words aboVe specified to
be inserted in section thirty-six. Sections thirty -six, thirty-
nine, forty and forty-two of said chapter twelve are also
hereby amended by inserting before the word " sale,"
wherever it occurs in said sections, except in the fifth line
of said section forty, the words " taking or ; " by inserting
before the word "sold," in the first, third and eighth lines
of said section thirty-six, the words " taken or ; " and by
inserting before the word " purchaser," in the sixth line of
said section forty, the words " collector or the ; " and by
inserting before the word "such," in the eighth line of said
section forty, the words " the city or town or." Section
twenty-two of chapter twelve of the General Statutes is
hereby amended by striking out in the last line of said
section the words " in the mean time," and inserting in-
stead thereof the words " prior to the giving of the notice
of such sale."

266

1878. — Chapter 267.

therein.

Real estate held SECTION 15. The ownei of any interest in real estate
undeM862',T83, purchased and held by a city or town under the provisions
may be re- of chapter One hundred and eiohtv-three of the acts of the

QGcniGu Dv own- "*■ O «/

erofaii Interest vcar eighteen huudrcd and sixty-two, having a right to
redeem the same, may pay to the treasurer oi the town or
city all sums required by law for the redemption of such
estate ; in which case the treasurer shall give to the person
so paying a like certificate as that mentioned in section
thirty-eight, chapter twelve, of the General Statutes ; and
the certificate ma}^ be recorded in the manner, and with
like effect, as that described in said section. If the person
so redeeming be the holder of a mortgage, the sums so paid
by him shall be added to, and constitute a part of, the
principal sum of the mortgage ; and the mortgage shall
not be redeemed until such sums, and interest thereon, are
paid ; and, in such case, the recording of said certificate in
the registry of deeds in the district or county where the
land lies, within thirty days from its date, shall be notice
to all persons of the payment of such sums, and the lien
upon the estate therefor.

Section 16. All acts and parts of acts inconsistent
with this act are hereby repealed.

Section 17. This act shall take effect upon its passage.

Apj)roved May 17, 1878.

. 267 -^^ -^^'^ MAKING APPROPRIATIONS FOR THE IMPROVEMENT AND
MAINTENANCE OP THE TROY AND GREENFIELD RAILROAD AND
HOOSAC TUNNEL.

Be it enacted, &c., as folloios :

Section 1. The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the Common-
wealth from the earnings of the Troy and Greenfield Rail-
road and Hoosac Tunnel, for the improvement and mainten-
ance of said railroad and tunnel as follows, viz. : —

For engine house at North Adams, twenty thousand
dollars.

For coal sheds at North Adams, five hundred dollars.

For land damages in Franklin County, fifteen thousand
dollars.

For alterations of freight depot at Greenfield, two thou-
sand dollars.

For sidings on the line of the road, ten thousand dol-
lars : provided^ that no contracts shall be made or money
expended for materials or work under this act until plans
and estimates for the work have been approved by the
governor and council.

Repeal.

Chap

Appropriations
for improve-
ment of railroad
and tunnel.

Proviso.

1878. — Chapter 268.

267

Union passen-
ger station to be
built in North
Adams.

Manager may
take land, if the
Pittsfield and
North Adams
Railroad neg-
lects to convey
the same.

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

Aiyproved May 17, 1878.

An Act to provide for a union passenger station at north Chap. 268

ADAMS.

Be it enacted, &c., as follows:

Section 1. The manager of the Troy and Greenfield
Railroad and Hoosac Tunnel under the direction of the
governor and council is hereby authorized and required to
establish, locate, construct and keep in repair a union pas-
senger station, suitable for the purposes of this act, in the
town of North Adams, on land agreed to be conveyed to
the Commonwealth by the Pittsfield and North Adams
Railroad Corporation as indicated on a plan signed " Wm.
P. Granger, Chief Engineer," dated April eighteen, eigh-
teen hundred and seventy-eight, now on file in the office of
the secretary of the Commonwealth.

Section 2. If the Pittsfield and North Adams Railroad
Corporation shall neglect or refuse to convey to the Com-
monwealth for thirty days after the passage of this act the
land designated on said plan, the said manager under the
direction of the governor and council may take such land
for the uses of the Troy and Greenfield Railroad and the
purposes of this act under the provisions of law for the
taking of land for depot and station purposes by railroad
corporations, so far as the same may apply.

Section 3. Said station shall be constructed by con-
tract within two years from the passage of this act, at an
expense not exceeding twenty thousand dollars exclusive
of the cost of land and the expenses incurred under section
five. Said station may be used by the manager and the
officers and employees in control and charge of the Troy
and Greenfield Railroad and Hoosac Tunnel, and shall be
used as a passenger station by the corporation now or here-
after using and operating the Troy and Greenfield Railroad
and by the Pittsfield and North Adams Railroad Corpora-
tion, the latter corporation yielding and paying a reasonable
rent therefor, which if not agreed upon by the parties shall
be determined and may be revised from time to time at
intervals of not less than three years by the board of rail-
road commissioners on the application of either party.

Section 4. The said manager shall as soon as practi-
cable after the passage of this act, cause plans and draw-
ings to be prepared of said proposed station, exhibiting its
form, dimensions and arrangements, and shall submit said
plans and drawings to the Pittsfield and North Adams

Station to be
built within two
years, at ex-
pense of not ex-
ceeding $20,000.

Manager to sub-
mit plans to
Pittsfield and
North Adams
Railroad Cor-
poration for ap-
proval.

268

1878. — Chapter 269.

Manager to pay
to Pittsficld and
North Adams
Railroad such
sums as may be
agreed upon, or
he determined
hy railroad com-
missioners.

Conveyance of
land to the Pitts-
field and Xorth
Adams Rail-
road.

Appropriation
for paying for
lands and rights
of way.

Chap. 269

Additional
■watchmen for
the state prison.

Railroad Corporation for its approval of the accommoda-
tions to be furnished said railroad. In case said corpora-
tion shall disapprove of the accommodations to be furnished
to it, or of the arrangement of tracks, the questions re-
lating thereto and all other matters in dispute shall be de-
termined by the board of railroad commissioners, who
shall from time to time have power to make and revise all
necessary rules and regulations for the use and control of
said station upon the application of any party in interest.

Section 5. The said manager shall pay to the Pitts-
field and North Adams Railroad Corporation such sum as
may be agreed upon by the parties, or in case of disagree-
ment as the board of railroad commissioners upon the
application of either party shall determine to be just and
reasonable, if any, for outlays and expenses necessarily
incurred by said Pittsfield and North Adams Railroad Cor-
poration in constructing, relaying and rearranging its road
and tracks so as to conform to the requirements of this act.

Section 6. The governor with the advice and consent
of the council is authorized to ord-er the conveyance to the
Pittsfield and North Adams Railroad Corporation of such
tracts and parcels of land owned by the Commonwealth
as may be required to enable said corporation to reach said
station with its trains and use the same ; and upon such order
a deed of quit-claim of such tracts or parcels signed by
the treasurer and receiver-general and sealed with the seal
of the Commonwealth shall be delivered said corporation
in conveyance of the same.

Section 7. For the purposes of this act and for the
purpose of paying for lands and rights of way heretofore
taken from the Pittsfield and North Adams Railroad Cor-
poration, a sum not exceeding fourteen thousand dollars is
appropriated in addition to the appropriations heretofore
made for said purposes, the same to be taken from the
earnings of the Troy and Greenfield Railroad and Hoosac
Tunnel. Approved May 17, 187S.

An Act to amend an act providing for an increase in
the number of assistant watchmen employed at the
state prison.

Be it enacted^ t&c, as follows:

Section 1. Section one of chapter one hundred and
thirty-three of the acts of the year eighteen hundred and
seventy-four is hereby amended, so that there may be em-
ployed at the state prison six additional watchmen, at a
salary not exceeding six hundred dollars per annum each.

1878. — Chapters 270, 271, 272. ' 269

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

Ajyproved May 17, 1878.

An Act to amend an act entitled "an act to establish Chap. 210
A reformatory prison for women."

Be it enacted, &c., as folloios :

Section 1. Section seventeen of chapter three hun- ?°'|5,^'|*™f"/j,„^
clred and eighty-five of the acts of the ye-Ax eighteen hun- less than four
dred and seventy-four is hereby amended by adding at the "*°"'^''-
end thereof the words, "for a term not less than four
months."'

Section 2. Section twenty-one of said chapter is here- Amendment to
by amended b}^ inserting between the words " not " and ^^''*' ^^^' ^ ^^'
" more " in the hist line thereof the words " less than four
months nor," and also by adding at the end thereof the
words, '■'■ jyrovided, hoivever, if it appears to the court that con''\'icIe?i^''may
the defendant has been previously convicted of any offence of corre*c°tion"^^
under either of said sections, she may, in the discretion
of the court, be sentenced to the house of correction,
house of industiy, or workhouse as now provided by law."

Section 3. This act shall take effect upon its passage : Not to apply to
provided, that it shall have no application to offences al- c^mmuted."^'*'^^
ready committed. Approved May 17, 1878.

An Act in addition to an act in relation to the metric Chap. 271

SYSTEM of weights AND MEASURES.

Be it enacted, &c., as folloius :

Chapter forty of the acts of the year eighteen hundred Treasurer may
and seventy-seven, being an act entitled "An Act in rela- cTe^^sIfs o"f^the
tion to the Metric Svstem of Weights and Measures," shall meter and kiio-
be so construed as to authorize the treasurer of the Com-
monwealth to procure duplicate sets of the meter and kilo-
gram. Approved May 17, 1878.

An Act regulating the fees op officers in making attach- Chap. 272

MENTS OF PERSONAL PROPERTY.

Be it enacted, &c., as follows:

Section 1. Whenever personal property is attached Allowance to

on mesne process, or taken on execution, the officer mav ^''^'p^'^ -"^"^ °®-

appomt a keeper thereot, it necessary, and may charge as sonai property

.r.i.i? -xi •Till is under attach-

a part oi the costs oi service the sum paid to such keeper ment.
for custody, together with a reasonable compensation for
himself, so long as the keeper is in charge : provided, that
in no case shall there be allowed for such keeper more than
two dollars for each day of twenty-four hours, nor shall
the officer be allowed compensation for more than ten

270

1878. — Chapter 273.

Property or
keeper to be re-
moved at re-
quest of defend-
ant.

Personal prop-
erty under at-
tachment to re-
main until de-
fendant has op-
portunity to
give bond.

OflBcer's com-
pensation for
travel In service
and return of
process.

Chap. 273

Action of re-
plevin not to be
dismissed on ac-
count of defect
in bond.

New bond to be
filed, if defec-
tive.

days, nor more than fifty cents per day, without the con-
sent in writing of the plaintiff and of the defendant own-
ing the property to an increase of pay, whether for the
officer or keeper, or without the special order of the court
to which the process is returnable upon hearing for good
cause shown.

Section 2. Any officer who shall place a keeper in
charge of personal property attached by him, shall upon
the written request of the defendant remove said proper-
ty or the keeper without unreasonable delay.

Section 3. Personal property attached may be kept,
subject to the provision herein before contained, upon the
premises where the same is found, unless the owner or
occupant of such premises shall in writing request the
officer to remove his keeper therefrom ; and when property
is attached upon the premises of the defendant, if the de-
fendant shall in writing request the officer to allow the
property to remain where attached until he may give bond
to dissolve the attachment, the property shall not be re-
moved therefrom until he has had reasonable opportunity
to give such bond.

Section 4. Whenever the person delivering or for-
warding a process to an officer for service requests said
officer to return it by mail or express, compensation shall
not be allowed for more than twenty miles' travel in the
service, unless said officer actually and necessarily travels
more than that distance in serving the same, exclusive of
travel from the place of service to the place of return ;
and an officer in such case, who properly directs such pro-
cess to the place of return and delivers it prepaid at the
post office, or to an express company, shall not be liable
for damages growing out of its failure to reach its destina-
tion.

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

Approved May 17, 1878.

An Act relating to replevin bonds.
Be it enacted, &c., as follows :

Section 1. No action of replevin shall be dismissed
on account of any defect in the form or substance of the
bond taken therein : provided, the court shall be satisfied
that such bond was intended in good faith as a compliance
with the law requiring a bond to be taken before service
of the writ ; and provided, the plaintiff shall within such
time and upon such terms as the court may order, file a
new bond such as is required by law to be so taken, the

1878. — CuArxERs 274, 275.

271

same to be approved by the court or in the manner pro-
vided by law for the approval of bail bonds.

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

Approved May 17, 1878.

An Act to prevent frauds upon corporations. Chap. 274

Be it enacted, tfcc, as foUotvs:

Section 1. Any officer, afjent, clerk or servant of any Penalty on

.. .*^i ,.",. 'j^i-z-i officer or servant

corporation organized or doing business m this Common- of corporation
wealth, who shall in any manner wilfully use the name of [i^'"moi?ey to"^
such corporation, or his own name as such officer, agent, ws own use, etc.
clerk or servant, to obtain money upon the credit of such
corporation for his own use or benefit, without authority
from such corporation ; or who shall fraudulently loan,
invest or appropriate the money, or dispose of the property
of such corporation, or convert the same to his own use, shall
be punished for each offence by imprisonment in the state
prison not exceeding ten years.

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

A2)j)roved May 17, 1878.

An Act relative to the taxation of the property of cer- Qfian. 275
tain manufacturing companies, copartnerships and as-
sociations.

Be it enacted, &c., as foUotvs :

Section 1. Chapter two hundred and eighty-three of
the acts of the year one thousand eight hundred and sixty-
five, and the acts in amendment thereof, are hereby extended
to apply, so far as applicable, to companies, copartnerships
and other associations having a location or place of busi-
ness within this Commonwealth, in which the beneficial
interest is held in shares which are assignable without con-
sent of the other associates specifically authorizing such
transfer. And the tax provided for in said chapter two
hundred and eighty-three shall be paid by such company,
copartnership or association upon the aggregate value of
the shares of said capital stock, in the manner provided in
said chapter for taxes upon corporations.

Section 2. The return required by section three of
said chapter two hundred and eighty-three, when made by
said company, copartnership or association, shall be made
by the treasurer, agent, trustee, superintendent or business
manager of the same.

Section 3. Every company, copartnership or associa- Books to be sub-
tion to be taxed by this act shall when required submit its lion of tax ^m.
books to the inspection of the tax commissioner and tax "ax asTessor"^

Taxation of
companies, co-
partnersbips
and associa-
tions.

Returns to be
made by com-
pany.

272

1878. — Chapters 276, 277.

assessors of the city or town in which the same is located ;
and its treasurer, agent, trustee, superintendent and busi-
ness manager shall be subject to examination on oath
in regard to all matters affecting the taxation of the
same.
Provisions of SECTION 4. The provisious of chapter two hundred

1^864, 201, toap- ^^^ q^q q£ ^|^g ^^^^ q£ ^|-^g ^.^^^^ ^^^^ thousand eight hun-
dred and sixty-four, so far as the same may be applicable,
shall apply to every company, copartnership and associa-
tion embraced in section one of this act.

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

-Approved 3Iay 1 7, 1878.

Chap.216

Letter-bos to be
kept where pris-
oners may place
letters addressed
to the principal,
&c.

Chap.211

Amounts due
from Greenfield
for reimburse-
ments for land
damages, to be
determined by
agreement or
arbitration.

Site of passen-
ger station to be
determined by
governor and
council.

An Act in relation to the penal and reformatory institu-
tions OF THE COMMONWEALTH.

Be it eiiactecl, c&c, as folloios :

Section 1. There shall be placed in each of the penal
and reformatory institutions in this Commonwealth a lock
letter box accessible to the inmates thereof, the key of
which shall be kept by the principal officer in charge of
each of said institutions, and every inmate sliall have the
right to deposit therein any communication in writing ad-
dressed to such principal officer or to any member of the
board of directors or trustees, and such communication
shall be duly delivered according to the address thereon.

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

Approved May 17, 1878.

An Act relative to the establishment of a passenger sta-
tion IN GREENFIELD AND REIMBURSEMENTS FOR LAND DAM-
AGES IN THAT TOWN.

Be it enacted, &c., as folloios:

Section 1. The governor and council are authorized
to determine by arbitration, agreement or otherwise, the
amounts due or which may become dtie from the inhabit-
ants of Greenfield for reimbursements for land damages,
whether liquidated or not, under chapter one hundred and
forty of the acts of eighteen hundred and seventy-six, and
the contracts relative to such reimbursements, and to col-
lect and receive the same or any part thereof, and apply
the same to the purposes of this act ; and the same are
hereby appropriated for the purpose, the surplus if any to
be paid into the treasury of the Commonwealth.

Section 2. When a sufficient sum shall have been
received under tlie provisions of section one for the pur-
poses of constructing a passenger station as hereinafter

1878. — Chapter 277.

273

provided, it shall be the duty of the governor and council
as soon as ma}'" be, after such hearing of parties interested
as they may deem proper, to determine and declare by an
order in council the site of a passenger station in (jreenfield,
having due regard to the interests of the corporations to
use the same, and of the public.

Section 3. From such reimbursements, when sufficient
are received, the manager of the Troy and Greenfield Rail-
road and Hoosac Tunnel, under the direction of the govern-
or and council, shall without delay construct, purchase or
repair upon the site selected, a passenger station with
sufficient platforms at a cost not exceeding fifteen thousand
dollars, exclusive of the cost of land ; but if such reim-
bursements received shall not amount to that sum, then at
a cost, exclusive of cost of land, not exceeding the full
amount of such reimbursements, but not less than twelve
thousand dollars : provided^ that if all reimbursements due
or to become due shall have been fully paid to the satis-
faction of the governor and council and shall not amount
to fifteen thousand dollars, then said station shall be con-
structed at a cost not exceeding fifteen thousand dollars,
exclusive of cost of land, and the deficit after exhaust-
ing such reimbursements shall be taken from the earnings
of the Troy and Greenfield Railroad and Hoosac Tunnel,
which are hereby appropriated for the purpose.

Section 4. When said manager shall be ready to con-
struct, purchase or repair said station as provided in section
three, if within two years from the passage of this act, he
shall notify the Fitchburg Railroad Company or the corpo-
ration operating the Vermont and Massachusetts Railroad
and the Connecticut River Railroad Company, and the
station provided for shall be a union passenger station ; and
said manager shall forthwith submit to the said companies
plans of said station and of the accommodations to be
furnished them in said station ; and if said companies or
either of them shall disapprove or neglect for thirty days
to agree to the same, then all questions relative thereto
shall be settled by the decision of the major part of the
board of railroad commissioners. After such settlement
said manager shall forthwith construct, purchase or repair
said union passenger station as provided in section three,
and shall thereafter maintain and keep it in repair ; but
it shall be used as a passenger station by the Connecticut
River Railroad Company, the Fitchburg Railroad Company,
and other corporations using or operating the Vermont and
Massachusetts Railroad, and by all corporations using or

Passenger sta-
tion to be built
as soon as sutli-
cient is received
from reimburse-
ments to pay for
same.

Proviso.

Plans of pro-
posed station to
be submitted to
the Fitchburg,
Vermont and
Massachusetts,
and Connecticut
River Railroads
for approval.

274

1878. — Chapter 277.

Rental or tolls
for use of sta-
tion.

Temporary pas-
senger accom-
modations may
be provided.

Manager may
take land from
Connecticut
River Railroad.

Proviso.

operating the Troy and Greenfield Railroad in Greenfield,
and by the manager and his employes for their purposes,
under such rules and regulations as may be agreed upon
by the manager, under direction of the governor and coun-
cil, with the corporations using the same, or on failure
to agree, as may from time to time be prescribed by the
board of railroad commissioners or a major part thereof.
The rental or tolls which the corporations using said
station shall pay therefor to the Commonwealth, and
which the corporations using the Vermont and Massachu-
setts Railroad shall pay for the use of the tracks of the
Troy and Greenfield Railroad necessary to reach said
station, shall be determined by agreement of the parties
interested with the manager under direction of the govern-
or and council, and on failure of such agreement shall
be determined and may be revised and altered at inter-
vals of not less than three years by the majority of the
railroad commissioners upon application of any party in-
terested. Any party aggrieved by any decision as to the
amount of rental or tolls to be paid as provided, may within
six months from the date thereof appeal from the same to
the superior court, and have his case tried by a jury at the
bar of that court in the county of Franklin, whose verdict
accepted by said court shall be final until another revision
as before provided.

Section 5. Until the construction of a station as herein
before provided, the manager under the direction of the
governor and council if they deem it necessary, may provide
such temporary passenger accommodations for the use of
the corporations using the Troy and Greenfield Railroad
as may be deemed fit.

Section 6. For the purposes of this act the said man-
ager under direction of the governor and council may
take all land necessary, from land of the Connecticut River
Railroad Company or other parties, in manner provided by
law for the taking of land for depot and station purposes
by railroad corporations, so far as the same may apply :
jyrovided, that for the purposes of this act no land of the
Connecticut River Railroad Company Ij'ing easterly of
Clayhill Street, or the highway leading therefrom from
Greenfield to Dcerfield, or within four feet of the westerly
rail of their main track shall be taken without the consent
of said company. The land taken under the provisions of
this section shall be paid for from the earnings of the Troy
and Greenfield Railroad and Hoosac Tunnel. All persons
or corporations aggrieved by any award of damages for

1878. — Chapter 278.

275

Certain land
may be taken
from Connecti-
cut River Rail-
road, if station
is located west-
erly of ClayliiU
Street.

land so taken shall have a right to trial by jury tliereon in
manner provided by law in such cases.

Section 7. If the station herein provided for shall be
located westerly of Clayhill Street, and the county com-
missioners or selectmen of Greenfield shall lay out a high-
way or townwa}' for convenience of access thereto, thev are
hereby authorized with the consent of a majority of the
railroad commissioners to take such land of the Connecticut
River Railroad Company lying more than fifteen feet west-
erly of the westerl}^ rail of their main track as may be
necessary for such pnrpose ; and the damages for such
taking shall be ascertained and paid by the county or town
in the manner now provided by law in case of lands taken
for highways or townways.

Section 8. For the purposes of this act a sum not ex-
ceeding nine thousand dollars is hereby appropriated, to be
paid from the earnings of the Troy and Greenfield Railroad
and Hoosac Tunnel.

Section 9. This act shall take effect upon its passage.

Approved May 17, 1878.

An Act to permit the establishment of a union freight

DEPOT in GREENFIELD.

Be it enacted^ t&c, as follows :

Section 1. The manager of the Troy and Greenfield Y"'°" ^'■®'^,''!
Railroad and Hoosac Tunnel, under the direction of the
governor and council, may if the interests of said railroad
require, by agreement with the Connecticut River Railroad
Company and the Fitchburg Railroad Company, or other
corporation operating the Vermont and Massachusetts
Railroad, or either of them, construct or maintain a union
freight depot and establish a freight yard upon such por-
tions as the parties and the owners may agree upon of the
following described land in Greenfield and Deerfield, to
wit : Beginning at the north corner of the wall in the
south line of Clayhill Street, opposite the passenger sta-
tion in said Greenfield; thence running southerly along
said wall eighty feet ; thence southerly in a straight line
to a point situated twenty-five feet distant westerly from
the said wall, measuring at right angles thereto, and one
hundred and fifty feet from its south end ; thence to a
point in the east line of Clayhill Street, distant one hun-
dred and eighty feet southerly from the said south end of
the wall ; thence northerly in the east line of Clayhill
Street, about one hundred and seventy-nine feet, to the
south line of the land lately purchased by the Troy and

Appropriation
from earnings < f
the road.

Chap. 278

depot may
established in
Greenfield.

Description of
land.

276

1878. — Chapter 278.

Description of
laud.

May take land
lying in the high-
way leading
from Greenfield
to Deerlield.

May change
grade of road.

Title fo land to
remain in pres-
ent owners.

Greenfield Railroad Company ; thence easterly along said
south line, about one hundred and sixty-three and one-half
feet, to a point distant forty-two feet westerly at right
angles from the centre line of the east main track of the
Connecticut River Railroad ; thence northerly, and paral-
lel to said main track, five hundred feet; thence northerly
two hundred and eighty-seven feet to a point situated four
feet distant westerly from the west rail of the Connecticut
River Railroad Company's third track from the east;
thence northerly, and parallel to said third track, about
sixty-nine feet, to the south line of Clayhill Street ; thence
along said south line of Clayhill Street, about fifty -five
feet, to the place of beginning. Also another parcel of
land lying south of the above described land, and bounded
as follows : On the north by the above parcel of land ; on
the south by Russell Street ; on the east by a line drawn
through a point six feet easterly from the south-east cor-
ner of land of the Commonwealth above described in a
projection of the south line of said land, said line drawn
through said point being extended parallel to the present
main tracks of the Connecticut River Railroad to Russell
Street ; and on the west by the " Upper Road," so called,
leading from the passenger station of the Connecticut
River Railroad to Cheapside.

Section 2. For the purposes of this act, and for other
railroad purposes, the said manager with the approval of
the governor and council may purchase or take any por-
tion of the above described land lying in the highway
leading from Greenfield to Deerfield, or in the said Upper
Road, under the provisions of law relative to the taking of
land for depot and station purposes by railroad corpora-
tions, so far as the same may apply ; and lands so taken or
purchased shall remain the property of the Commonwealth
when paid for, notwithstanding the provisions of section
five of this act. To establish said yard, and for access
thereto of the parties and the public, said manager with
the approval of the governor and council and the consent
of the county commissioners of Franklin County for a
county road, or the selectmen of Greenfield or Deerfield
for a town way, is authorized to raise, lower, alter the
course of, or otherwise change, said high\xay or said Upper
Road.

Section 3. The title to said land now owned by the
parties shall remain in the present owners and their
assigns, subject to the uses thereof provided for by con-
tracts under this act while they shall remain in force.

1878. — Chapter 278.

277

The said yard, and freight depot, if established and con-
structed as provided in section one, shall be used jointly
by the said manager, the corporations now or hereafter
operating or using the Troy and Greenfield Railroad or
the Vermont and Massachusetts Railroad, and by the Con-
necticut River Railroad Company; but the main tracks of
the Troy and Greenfield Railroad, single or double, shall
pass in the described land to the present line of the Ver-
mont and Massachusetts Railroad in a location which may
be agreed upon, free of all control of any party except the
manager under provisions of law ; and the Fitchburg Rail-
road may locate the main tracks of the Vermont and
IMassachusetts Railroad, single or double, to connect with
said tracks of the Troy and Greenfield Railroad : provided.,
that no corporation not a party to the said agreement shall
be compelled by this section to use said yard or depot
without their consent.

Section 4. The use and arrangement of the tracks and
switches of said yard, the management, control, occupa-
tion and maintenance of said yard and depot, and the tolls,
rents and expenses of and for said yard and depot, and the
tracks thereof, to be paid by each party using to the Com-
monwealth or to each other party, shall be determined or
provided for by said agreement ; and arbitration as to
questions arising relative thereto may be provided for, but
said agreement shall be subject to the provisions of this
act.

Section 5. No rights shall be gained by virtue of this
act, or any contract made under it, in or upon the lands of
the Commonwealth or of the Troy and Greenfield Rail-
road, which may not be terminated at the pleasure of the
Commonwealth at any time, but all contracts made under
the provisions of this act may be terminated at any time
by laws which may be enacted by the general court, with-
out any claim of any party against the Commonwealth for
damages or compensation in any event exceeding the
actual value of the rights of such party, or the expendi-
ture actually incurred by such party for construction ex-
penses (exclusive of repairs) caused by the establishment
of said yard and depot, which expenditure shall not
exceed a limit which shall be stated in the original agree-
ment ; and in case of such termination, the tracks and
location of the Troy and Greenfield Railroad may be re-
located as now established by law, and the tracks of the
Vermont and Massachusetts Railroad may be relocated to
connect with the same.

Yai'fl and depot
to bo used in
common.

Expenses of
yard and depot,
to be paid bj-
parties as agreed
upon.

No rights to be
gained upon the
lands of the
State or of the
Troy and Green-
field Railroad.

278

1878. — Chapter 279.

Appropriation SECTION 6. For tliG purposes of tliis act, a sum not ex-
road"^^''™'"^'' °^ ceeding three thousand dollars is appropriated, to be paid
from the earnings of the Troy and Greenfield Railroad and
Hoosac Tunnel. Approved 3 fay 17, 1878.

Chap. 279

Troy and Bos-
ton Railroad
Company may
assign to the
Commonwealth
their lease of the
Southern Ver-
mont Railroad.

Proviso.

Upon assign-
ment of lease,
its value to be

An Act relative to the troy and Greenfield railroad

IN the state of VERMONT, OTHERWISE KNOWN AS THE
SOUTHERN VERMONT RAILROAD, AND CERTAIN RAILROADS IN
VERMONT, TO BE CONSTRUCTED, TO CONNECT WITH THE TROY
AND GREENFIELD RAILROAD.

Be it enacted, &c. , as follows :

Section 1. Whereas the Troy and Boston Railroad
Company, a corporation established under the laws of New
York, claim to hold a lease of that portion of the Troy
and Greenfield Railroad lying in the state of Vermont, and
otherwise known as the Southern Vermont Railroad, by
the terms of which lease an annual rental is paid to this
Commonwealth ; and whereas said railroad is of value as
affording access to that part of the Troy and Greenfield
Railroad lying in this Commonwealth, and to the Hoosac
Tunnel, to and from the state of New York : Now, for the
purpose of affording access to said Troy and Greenfield
Railroad and Hoosac Tunnel, the said Troy and Boston
Railroad Company are hereby authorized and permitted to
assign said lease to this Commonwealth ; and thereupon
said corporation shall be released and discharged from all
obligations not already incurred to the Commonwealth,
arising from said lease ; but all future obligations of the
said corporation under the same shall be assumed by this
Commonwealth ; and the said Troy and Boston Railroad,
and all other railroads, shall be allowed to connect with
said Railroad in Vermont at the line of the state of New
York, with the same facilities for the use of the Troy
and Greenfield Railroad, and for connection for the trans-
portation of freight and passengers, subject to the laws of
Vermont, as would be granted to the several railroads if
connecting at the state line of Massachusetts : p)'ovided,
however, that if the Troy and Boston Railroad Company
shall not, within forty days from and after the passage of
this act, deliver to the governor and council, for the bene-
fit of the Commonwealth, a full assignment of said lease,
satisfactory in form to the attorney-general, said corpora-
tion shall have no authority under this act to make such
assignment.

Section 2. If the said Troy and Boston Railroad Com-
pany shall assign to the Commonwealth of Massachusetts

1878. — Chapter 279. 279

said lease, and all their rights under the same, within forty dctcrminc.i by
days as above provided, an impartial commission of three coinmis^ionfrs.
able and discreet men shall be appointed, — one by the
governor, with the advice and consent of the council, one Appointment of
by the Troy and Boston Railroad Company, and the third «o«'"i«^i"»^>-«-
by the commissioners so selected ; and on the failure to
appoint the third commissioner for the space of sixty days
after the choice of the first two commissioners, then the
said third commissioner may be appointed by the supreme
court of the state of Vermont, sitting in full bench, or
by all the judges of said court acting as individuals. When
said commission shall have been appointed the}^ shall pro-
ceed to assess and determine the value of the said lease,
subject to its rental, and of the rights of the Troy and
Boston Railroad Company under the same ; but in such
assessment and determination it shall be presumed that
free charters for additional railroads may be granted by
the state of Vermont to connect the Troy and Greenfield
Railroad with the railroads of the state of New York;
and the decision of such commissioners must be unani-
mous and shall in that case be final. The value of the vaiuetobe aid
said lease and of the rights of said corporation under the \v the Oommon-
same, determined as provided, shall be paid to the Troy
and Boston Railroad Company by the Commonwealth of
Massachusetts.

Section 3. If said Troy and Boston Railroad Com- ifieageisnotag.
pany shall not assign said lease as above provided, the con- um^Hoosac^"*'
sent of this Commonwealth is hereby given, so far as the X?""*^', =*"'^
same raav be lawful and its title or interest is concerned, way Company
to the Boston, Hoosac Tunnel and Western Railway Com- amf uTeTh" ^""^
pany, a corporation duly established under the laws of the n°o"uR™iroad
state of Vermont, to enter upon, and use and locate, con-
struct and maintain, under the laws of the state of Ver-
mont, a railroad upon the rights of way and railroad lands
of said Troy and Greenfield Railroad in the state of Ver-
mont, otherwise called the Southern Vermont Railroad,
and upon such parts and portions of the same as may be
necessary to construct their railroad through the state of
Vermont, but not interfering with the main tracks of the
present road, nor entering within one rod of said tracks,
except as may be necessary for connection with the Troy
and Greenfield Railroad at the state line of Massachusetts.

Section 4. The consent of this Commonwealth re- ^"ot to be con-
ferred to in section three shall not be construed to release xroy^'anVBoT
the Troy and Boston Railroad Company from any obliga- c"mpa''nyTor

from

tions they may be under by virtue of said lease, nor to any obligations

280

1878. — Chapter 279.

or rights under
the lease.

The Boston,
Hoosac Tunnel
and Western
Railway Com-
pany of Ver-
mont to file in
office of auditor
a statement of
cost of road.

Commonwealth
may purchase
roads by paying
full cost and ten
per cent, inter-
est.

Tolls and char-
ges in case the
state possesses
the Troy and
Greenfield in
Vermont, and
has not purchas-
ed the Boston,
Hoosac Tunnel
and Western
Itailway.

interfere in an}^ w^ay with their rights thereunder, nor to
permit the Boston, Hoosac Tunnel and Western Railway-
Company, or any person, to enter upon, use, locate, con-
struct or maintain a railroad upon the rights of way or
railroad lands of said Troy and Greenfield Railroad in the
state of Vermont, without payment to the said Troy and
Boston Railroad Company of all damages caused thereby
to said corporation, and to any rights they may have under
said lease, as the same may be assessed under the laws of
Vermont for the taking of land and other property for
such purposes, nor shall it authorize any eviction of the
tenant from an}'' rights under said lease, nor any interfer-
ence with such rights; but nothing in this act shall be
construed to confirm, ratify or validate said lease.

Section 5. The Boston, Hoosac Tunnel and Western
Railway Company of Vermont, shall upon the completion
of its road file in the ofiice of the auditor of this Common-
wealth a full, accurate and detailed statement of the cost
of its road, the same to be duly verified by the oaths of its
president and treasurer.

Section 6. The Commonwealth of Massachusetts may
at any time purchase the railroads and their appurtenances
Ij'ing in Vermont, located or constructed now or hereafter
by the said Boston, Hoosac Tunnel and Western Railway
Company, to connect with the Troy and Greenfield Rail-
road in this Commonwealth, free of all liens, mortgages,
leases and conveyances, with all the rights of said corpo-
ration and all others to use the same, and all the franchises
of said corporation, by paying to said corporation the full
cost of said railroads and ten per cent, interest thereon,
deducting all dividends paid to stockholders thereon, and
net earnings thereof undivided ; and thereafter said rail-
roads so purchased shall be operated and controlled, so far
as the laws of Vermont will permit, in like manner as the
Troy and Greenfield Railroad in tliis Commonwealth now
is or hereafter may be.

Section 7. If at any time the Commonwealth of Mas-
sachusetts shall become possessed of the said Troy and
Greenfield Railroad in the state of Vermont, and shall not
have purchased the Boston, Hoosac Tunnel and Western
Railway in the state of Vermont, as provided in this act,
and said roads shall be operated as independent parallel
roads, while the said Troy and Greenfield Railroad in the
state of Vermont shall be possessed by this Common-
wealth, the freight and passengers which shall be received
at the state line of tliis Commonwealth from the Boston,

1878. — Chapter 279.

281

^oosac Tunnel and Western Railway, and which shall be
carried upon the Troy and Greenfield Railroad in this
Commonwealth, shall be free from all tolls and charges
which may be imposed upon and for the carriage of freight
and passengers upon the said Troy and Greenfield Rail-
road in the state of Vermont ; but tolls and charges for
or upon such carriage shall be exacted from its place of
delivery at the state line of this Commonwealth.

Section 8. Whenever the Boston, Hoosac Tunnel and
Western Railway Company of New York, and the Boston,
Hoosac Tunnel and Western Railway Company of Ver-
mont, have completed a continuous line of railroad, either
by constructing an independent road or by using in part
existing roads, from the Hudson River, near Mechanics-
ville, to the Troy and Greenfield Railroad at the state line
of Vermont and Massachusetts, the Boston, Hoosac Tun-
nel and Western Railway Company of Vermont, shall be
entitled to all the rights and privileges of connecting rail-
roads under chapter seventy-seven of the acts of the year
eighteen hundred and seventy-five and all acts of this Com-
monwealth relating to connecting roads, until said acts
shall be changed by the general court.

Section 9. Unless the Boston, Hoosac Tunnel and
Western Railway Company of New York, and the Bos-
ton, Hoosac Tunnel and Western Railway Company of
Vermont, shall have completed and opened for use a con-
tinuous line of their railroad from Mechanicsville, in the
state of New York, to the Troy and Greenfield Railroad
at the state line of Vermont and Massachusetts, before
the first day of May, eighteien hundred and eighty, all the
rights of the Boston, Hoosac Tunnel and Western Rail-
way Company of Vermont under this act shall cease and
determine, and all titles of said corporation acquired under
the same shall become void, except as saved by further
laws of this Commonwealth.

Section 10. The first and second sections of this act
shall take effect upon its passage ; and the remaining sec-
tions shall take effect whenever the Boston, Hoosac Tun-
nel and Western Railway Company of Vermont, shall file
in the office of the secretary of this Commonwealth a valid
and effective agreement, ratified by a vote of its stock-
holders, and satisfactory to the attorney-general, to accept
the same, and that all the terms and conditions therein
named shall be complied with : provided, such agreement
shall be so filed within fort}" days of the passage of this
act, and said agreement shall be recorded in the town

To have all
rights of con-
necting roads
when continu-
ous line is
completed.

Rights of the
Boston, Hoosac
Tunnel and
Western Rail-
way Company
of Vermont to
cease unless line
is completed be-
fore May 1,1880.

When to take
effect.

Proviao.

282

1878. — Chapter 280.

clerk's office of the town of Povvnal, in the state of
Vermont. Ap2Jroved May 17, 1878.

Chap. 280 An Act to apportiox and assess a state tax of one million

DOLLARS.

Be it enacted, &c., as foHoivs :
state tax of $1,. SECTION 1. Each citj and town in this Commonwealth
' ■ shall be assessed and pay the several sums with which

they stand respectively charged in the following schedule ;
that is to say : —

Barnstable
County.

BARNSTABLE COUNTY.

Barnstable,
Brewster, .
Chatham, .
Dennis,
Eastham, .
Falmouth, .
Harwich, .
Mashpee, .
Orleans, .
Provincetown,
Sandwich, .
Truro,
Wellfleet, .
Yarmouth,

One thousand five hundred and sixty

dollars, ....
Four hundred and ten dollars.

Five hundred dollars.

Nine hundred and twenty dollars.

One hundred and thirty dollars.

One thousand three hundred and

seventy dollars, .
Six hundred and fifty dollars, .

Sixty dollars, ....

Three hundi-ed dollars, .

One thousand one hundred dollars,

Eight hundred and ten dollars.

One hundred and eighty dollars.

Five hundi'ed and forty dollai's.

Eight hundred and forty dollars, .

11,560 00
410 00

500 00

920 00

130 00

1,370 00
650 00

60 00

300 00

1,100 00

810 00

180 00

540 00

840 00

),370 00

Berkshire Coun-
ty-

Adams,
Alford,
Becket,

BERKSHIRE COUNTY.

One thousand two hundred and sixty
dollars, .....
One hundred and sixty dollars,

Two hundred and eighty dollars, .

$1,260 00
160 00

280 00

1878. — Chapter 280.

BERKSHIRE CO UNTY — Continued.

283

Berkshire Coun-
ty-

Cheshire, .

Clarksbui"g,

Dalton,

Egi'emont,

Florida,

Gt. Barringiou, .

Hancock, .

Hinsdale, .

Lanesborough, .

Lee, .

Lenox,

Monterey, .

Mt. Washington,

New Ashford, .

New Marlboro', .

North Adams, .

Otis, .

Peru,

Pittsfield, .

Richmond,

Sandisfield,

Savoy,

Sheffield, .

Stockbridge,

Tyringham,

Washington,

W. Stockbridge,

Six hundred and ten dollars, .

One hundi'ed and fifty dollars,

Seven hundred and thirty dollars.

Three hundred and forty dollars.

One hundred and twenty dollars.

One thousand nine liundred and ten

dollars, ....
Two hundred and fifty dollars.

Four hundred and eighty dollars.

Four hundred and forty dollars,

One thousand one hundred and

twenty dollars, .
Eight hundi-ed dollars, .

One hundred and sixty dollars.

Fifty dollars, ....

Four hundred and eighty dollars,

Two tho.usand four hundred and

thirty dollars,
One hundred and sixty dollars.

Ninety dollars,

Five thousand and sixty dollars.

Three hundred and thirty dollars,

Two hundred and fifty dollars.

One hundred and thirty dollars.

Six hundred and seventy dollars.

One thousand five hundred and

seventy dollars, .
One hundred and fifty dollars.

One hundred and forty dollars.

Five hundred dollars,

$610 00
150 00
730 00
340 00
120 00

1,910 00
250 op

480 00

440 00

1,120 00
800 00

160 00
50 00
50 00

480 00

2,430 00
160 00

90 00

5,060 00

330 00

250 00

130 00

670 00

1,570 00
150 00

140 00

500 00

284

Bristol County.

1878. — Chapter 280.

BERKSHIRE C O U N T Y — Concluded.

Williamstown,
Windsor, .

One thousand and forty dollars,
One hundred and thirty dollars,

BRISTOL COUNTY.

Acushnet, .
Attleborough, .
Berkley, .
Dartmouth,
Dighton, .
Easton,
Fairhaven,
Fall River,
Freetown, .
Mansfield, .
New Bedford, .
Norton,
Raynham, .
Rehoboth, •
Seekonk, .
Somerset, .
Swanzey, .
Taunton, .
Westport, .

Three hundred and forty dollars, .

Two thousand five hundred and

ninety dollars,
One hundred and eighty dollars.

One thousand and fifty dollars.

Four hundred and seventy dollars.

One thousand six hundred and sixty

dollars, ....
Eight hundred and ninety dollars.

Twenty-six thousand seven hundred

and ten dollars, .
Four hundred and twenty dollars,

Six hundred and seventy dollars.

Fourteen thousand five hundred and

eighty dollars,
Four hundred and ninety dollars.

Seven hundred dollars, .

Four hundred and sixty dollars,

Three hundred and fifty dollars,

Six hundred dollars.

Three hundred and ninety dollars,

Nine thousand five hundred and

seventy dollars, .
Eight hundred and twenty dollars.

$1,040 00
130 00

$22,040 00

$ 340 00

2,590 00
180 00

1,050 00

470 00

1,660 00
890 00

26,710 00
420 00

670 00

14,580 00
490 00

700 00

460

350

600

390

9,570 00
820 00

32,940 00

Amesbury,
Andover, •
Beverly,
Boxford, .
Bradford, .
Danvers, .
Essex,
Georgetown,
Gloucester,
Groveland,
Hamilton, .
Haverhill, .
Ipswich, .
Lawrence, .
Lynn,
Lynnfield, .
Manchester,
Marblehead,

1878. — Chapter 280.

DUKES COUNTY.

ESSEX COUNTY.

One thousand and twenty dollars,

Two thousand one hundred and fifty
dollars, ....

Four thousand seven hundred and
sixty dollars,

Three hundred and forty dollars.

Seven hundred and eighty dollars,

Two thousand one hundred and

forty dollars.
Five hundred and fifty dollars,

Six hundred dollars,

Five thousand dollars, .

Five hundred dollars.

Three hundred dollars, .

Six thousand dollars.

One thousand two hundred and ten
dollars, ....

Twelve thousand six hundred and
thirty dollars,

Fourteen thousand nine hundred
and twenty dollars.

Four hundred and fifty dollars.

Nine hundred and eighty dollars,

Two thousand three hundred and
seventy dollars, .

285

Dukes County.

Chilmark, .

One hundred and seventy dollars, .

$170 00

Edgartown,

Nine hundred and seventy dollars, .

970 00

Gay Head,

Ten dollars, .....

10 00

Gosnold, .

One hundred dollars,

100 00

Tisbury, .

Four hundred dollars.

400 00

$1,650 00

Essex County.

$1,020 00

2,150 00

4,760 00
340 00

780 00

2,140 00
550 00

600 00

5,000 00

500 00

300 00

6,000 00

1,210 00

12,630 00

14,920 00
450 00

980 00

2,370 00

286

Essex County.

1878. — Chapter 280.
ESSEX COUNTY — Concluded.

Franklin Coun-
ty-

Merrimac, .
Methuen, .
Middleton,
Nahant,
Newbury, .
Newburyport, .
North Andover, .
Peabody, .
Rockport, .
Rowley,
Salem,
Salisbury, .
Saugus,
Swampscott,
Topsfield, .
Wenham, .
West Newbuiy, .

Five hundred and sixty dollars,

One thousand three hundred and

forty dollars.
Two hundred and seventy dollars,

Four thousand one hundred and

forty dollars,
Five hundred and seventy dollars,

Four thousand three hundred and

seventy dollars, .
One thousand two hundred and

forty dollars.
Three thousand six hundred and

fifty dollars,
One thousand two hundred and

twenty dollars, .
Three hundred and twenty dollars.

Fourteen thousand six hundred and

ninety dollars.
One thousand two hundred and

thirty dollars,
One thousand and twenty dollars,

One thousand four hundred and

thirty dollars.
Four hundred and thirty dollars.

Three hundred and thirty dollars,

Six hundred and twenty dollars.

FRANKLIN COUNTY.

$ 560 00

1,340 00
270 00

4,140 00
670 00

4,370 00

1,240 00

3,650 00

1,220 00

320 00

14,690 00

1,230 00
1,020 00

1,430 00
430 00

330 00

620 00

$94,130 00

Ashfield, .

Three hundred and ten dollars,

$310 00

Bernardston,

Two hundred and forty dollars,

240 00

Buckland, .

Three hundred and fifty dollars.

350 00

Charlemont,

Two hundred and ten dollars, .

210 00

Colrain,

Three hundred and ninety dollars, .

390 00

Conway, .

Four hundred and sixty dollars.

460 00

Deerfield, .

Nine hundred and fifty dollars.

950 00

1878. — Chapter 280.

287

FRANKLIN C O U N T Y — Concluded.

Franklin Coun-
ty-

EiTiiag,

Gill, .

Greenfield,

Hawley,

Heath,

Leverett, .

Leyden,

Monroe,

Montague,

New Salera,

Northfield,

Orange,

Rowe,

Shelburne,

Shutesbuiy,

Sunderland,

Warwick, .

Wendell, .

Whately, .

Two hundred dollars.

Two hundred and seventy dollars.

One thousand seven hundred and

seventy dollars, .
One hundred dollars.

One hundred and ten dollars, .

One hundred and ninety dollars.

One hundred and thirty dollars.

Thirty dollars.

One thousand one hundred and fifty

dollars, ....
One hundred and ninety dollars,

Four hundred and thirty dollars,

Eight hundred and ninety dollars.

One hundred dollars.

Five hundred and thirty dollars.

One hundred dollars.

Two hundred and seventy dollars,

One hundred and seventy doUars,

One hundred dollars,

Four hundred and forty dollars,

$200 00
270 00

1,770 00
100 00

110 00

190 00

130 00

30 00

1,150 00
190 00

430 00

890 00

100 00

530 00

100 00

270 00

170 00

100 00

440 00

$10,080 00

HAMPDEN COUNTY.

Agawam, .

Seven hundred and ten dollars.

$710 00

Blandford,

Two hundred and thirty dollars.

230 00

Brimfield, .

Three hundred and thirty dollars, .

330 00

Chester, .

Three hundred and ten dollars.

310 00

Hampden Coun-
ty-

288

Hampden
County.

1878. — Chapter 280.
HAMPDEN COUXTY — Concluded.

Chicopee, .
Granville, .
Holland, .
Holyoke, .
Longmeadow,
Ludlow,
Monson, .
Montgomery,
Palmer,
Russell,
Southwick,
Springfield,
Tolland, .
Wales,
Westfield, .
W. Springfield,
Wilbrahara,

Three thousand two himdred and

thirty dollars,
Two hundred and forty dollars,

Seventy dollars,

Five thousand seven hundred and

sixty dollars,
Seven hundred and sixty dollars,

Three hundred and ten dollars.

Eight hundred and ten dollars.

Eighty dollars.

One thousand and forty dollars.

Two hundred and thirty dollars.

Three hundred and fifty dollars,

Twenty-two thousand and thirty

dollars, ....
One hundred and thirty dollars.

Two hundred and fifty dollars.

Three thousand nine hundred and

seventy dollars, .
One thousand six hundred and sixty

dollars, ....
Five hundred and fifty dollars.

5,230 00
240 00

70 00

5,760 00
760 00

310 00

810 00

80 00

1,040 00

230 00

350 00

22,030 00
130 00

250 00

3,970 00

1,660 00
550 00

$43,050 00

Hampshire
County.

HAMPSHIRE COUNTY.

Amherst, .

Belchertown,

Chesterfield,

Cummington,

Easthampton,

Enfield,

One thousand four hundred and ten
dollars, .....
Six hundred dollars,

One hundred and eighty dollars,

Two hundred and forty dollars,

One thousand four hundred and ten

dollars, .....

Four hundi-ed and twenty dollars, .

[,410 00
600 00
180 00
240 00

1,410 00
420 00

1878. — CHArTER 280.

H A M P S II T R E COUNTY — Coxcluded.

289

Tlampshiro
County.

Goslien,

Seventy dollars.

$70 00

Granby,

Two hundred and ninety dollars, .

290 00

Greenwich,

One hundred and seventy dollars, .

170 00

Hadley,

Eight hundred and ten dollars,

810 00

Hatfield, .

Seven hundred and ten dollars,

710 00

Huntington,

Two hundred and ninety dollars, .

290 00

Middlefield,

Two hundred and ten dollars,

210 00

Xoi thampton , .
Pelham,

Four thousand two hundred and
thirty dollars, ....
One hundred dollars.

4,230 00
100 00

Plainfield, .

One hundred and thirty dollars,

130 00

Prescott, .

One hundred and ten dollars, .

110 00

South Hadley, .

One thousand and fifty dollars,

1,050 00

Southampton, .

Two hundred and eighty dollars, .

280 00

Ware,

One thousand and seventy dollars, .

1,070 00

Westhampton, .

One hundred and sixty dollars,

160 00

Williamsburg, .

Seven hundred and sixty dollars, .

760 00

Worthington, .

Two hundred dollars,

200 00

$14,900 00

MIDDLESEX COUNTY.

Middlesex
County.

Acton,

Arlington,

Ashby,

Ashland,

Ayer,

Bedford,

Seven hundred and twenty dollars, .

Thi'ee thousand three hundred and

forty dollars,
Three hundred dollars, .

Eight hundred and ten dollars.

Six hundred and ten dollars, .

Fom- hundred and ten dollars,

$720 00

3,340 00
300 00

810 00

010 00

410 00

290

Middlesex
County.

1878. --Chapter 280.

MIDDLESEX C O U NT Y— Coxtinued.

Belmont, .

Billerica, .

Boxborough,

Burlington,

Cambridge,

Carlisle,

Chehnsford,

Concord, .

Dracut,

Dunstable,

Everett,

Framingham,

Groton,

HoUiston, .

Hopkinton,

Hudson,

Lexington,

Lincoln ,

Littleton, .

LoweU,

Maiden,

Marlborough,

Maynard, .

Medford, .

Melrose, .

Natick,

Newton,

Two thousand two hundred and forty
dollars, .....
Nine hundred and fifty dollars,

One hundred and fifty dollars,

Two hundred and ninety dollars, .

Thirty-four thousand seven hundred

and seventy dollars.
Two hundred and ten dollars,

Eight hundred and thirty dollars, .

One thousand six hundred and eighty
dollars, .....
Five hundred and sixty dollars.

One hundred and ninety dollars,

Two thousand three hundred and
twenty dollars, ....

Two thousand six hundred and ten
dollars,

One thousand two hundred and
twenty dollars, ....

One thousand and forty dollars.

One thousand two hundred and
eighty dollars, ....
Nine hundred and fifty dollars,

One thousand six hundred and thirty

dollars, .....

Four hundred and seventy dollars, .

Four hundred and twenty dollars, .

Twenty-one thousand one hundred

dollars, .....

Five thousand two hundred dollars,

One thousand eight hundred and

eighty dollars, ....

Seven hundred and thirty dollars, .

Five thousand one hundred and
thirty dollars, ....

Two thousand three hundred and
eighty dollars, ....

Two thousand and seventy dollars,

Sixteen thousand and eighty dollars.

J2,240 00
950 00

150 00

290 00

34,770 00
210 00

830 00

1,680 00
560 00

190 00

2,320 00

2,610 00

1,220 00
1,040 00

1,280 00
950 00

1,630 00
470 00

420 00

21,100 00
5,200 00

1,880 00
730 00

5,130 00

2,380 00
2,070 00

16,080 00

1878. — Chapter 280.

MIDDLESEX COUNTY— Cokcludi

291

Middlesex
County.

North Reading, .
Pepperell, .
Reading, .
Sherborn, .
Shirley,
Somerville,
Stoneham,
Stow,

Sudbury, .
Tewksbury,
Townsend,
Tyngsborough, ,
Wakefield,
Waltham, .
Water town,
Wayland, .
Westford, .
Weston,
Wilmington,
Winchester,
Wobum, .

Two hundred and fifty dollars.

Eight hundred dollars, .

One thousand three hundred dollars

Five hundi-ed dollars.

Five hundred and thirty dollars.

Fifteen thousand four hundred and

forty (ioUars,
One thousand seven hundred and

twenty dollars,
Three hundred and ninety dollars,

Five hundred and sixty dollars.

Five hundred dollars,.

Four hundred and sixty dollars.

One hundred and seventy dollars.

Two thousand five hundred and

forty dollars.
Five thousand four hundred and

seventy dollars, .
Four thousand two hundred and

eighty dollars,
Six hundi'ed and twenty dollars.

Six hundred and twenty dollars,

Nine hundi'ed and twenty dollars.

Three hundred dollars, .

Two thousand five hundi-ed and ten
dollars, ....

Four thousand seven hundred and
fifty dollars.

$250 00
800 00

1,300 00
500 00
530 00

15,440 00

1,720 00
390 00

560 00

500 00

460 00

170 00

2,540 00

5,470 00

4,280 00
620 00

620 00

920 00

300 00

2,510 00

4,750 00

$159,200 00

Nantucket,

NANTUCKET COUNTY.

One thousand three hundred and
thirty dollars, ....

Nantucket
County.

$1,330 00

292

Norfolk County.

1878. — Chapter 280.

NORFOLK COUNTY.

Bellingham,
Braintree, .
Brookline, .
Canton,
Cohasset, .
Dedham, .
Dover,
Foxborough,
Franklin, .
Holbrook, .
Hyde Park,
Medfield, .
Medway, .
Milton,
Needham, .
Norfolk, .

Norwood, .

Quincy, .

Randolph,

Sharon,

Stoughton,

Walpole, .

Weymouth,

Wrentham,

Three hundred dollars, .

One thousand five hundred dollars.

Fifteen thousand eight hundred and

ten dollars, ....
One thousand seven hundred and

forty dollars,
One thousand two hundred and

eighty dollars.
Three thousand three hundred and

thirty dollars.
Two hundred and forty dollars.

Nine hundred and seventy dollars.

Eight hundred and thirty dollars,

Eight hundred and sixty dollars.

Three thousand four hundred and

ninety dollars.
Five hundred and sixty dollars,

One thousand and twenty dollars,

Four thousand two hundred and

eighty dollars,
Two thousand four hundred and

forty dollars,
Three hundred and ten dollars,

Nine hundred and forty dollars.

Three thousand nine hundred dollars.

One thousand three hundred and

seventy dollars, .
Five hundred and thirty dollars.

One thousand three hundred and

ninety dollars.
Eight hundred and thirty dollars.

Three thousand three hundi-ed and

eighty dollars.
Six hundred and fifty dollars.

§300 00

1,500 00

15,810 00

1,740 00

1,280 00

3,330 00
240 00

970 00

830 00

860 00

3,490 00
560 00

1,020 00

4,280 00

2,440 00
310 00

940 00

3,900 00

1,370 00
530 00

1,390 00
830 00

3,380 00
650 00

$51,950 00

1878. — Chapter 280.

PLYMOUTH COUNTY.

293

Plymouth Coun-
ty-

Abingtou, .
Bridgewater,
Brockton, .
Carver,
Duxbury, .
E. Bridgewater,
Halifax, .
Hanover, .
Hanson,
Hingham, .
Hull,

Kingston, .
Lake villa, .
Marion,
Marshfield,
Mattapoisett,
Middleborough ,
Pembroke,
Plymouth, .
Plympton, .
Rochester, .
Rockland, .
Scituate, .
South Abington,
South Scituate, .
Wareham, .
W. Bridgewater,

Nine hundred and forty dollars.

One tliousand four hundred and
thirtj' dollars, ....

Three thousand one hundred and
thirty dollars, ....

Three hundred and thirty dollars, .

Seven hundred and fifty dollars,

Seven hundred and seventy dollars,

One hundred and seventy dollars, .

Five hundred and fifty dollars,

Three hundred and thirty dollars, .

One thousand nine hundred and

fifty dollars, ....

Three hundred and twenty dollars,

Nine hundred and thirty dollars.

Three hundred and twenty dollars,

Two hundred and seventy dollars,

Five hundred and fifty dollars.

Six hundred and eighty dollars.

One thousand four hundred and

forty dollars.
Four hundred dollars,

Two thousand four hundred and

eighty dollars,
One hundred and eighty dollars.

Two hundred and eighty dollars.

One thousand one hundred and fifty

dollars, ....
Eight hundred and ten dollars,

Seven hundred and eighty dollars,

Six hundred and twenty dollars.

Six hundred and fifty dollars.

Five hundi-ed and twenty dollars.

!$940 00

1,430 00

3,130 00

330 00

750 00

770 00

170 00

550 00

330 00

1,950 00
320 00

930 00

320 00

270 00

550 00

680 00

1,440 00
400 00

2,480 00
180 00

280 00

1,150 00
810 00

780 00

620 00

650 00

520 00

$22,730 00

294

Suftblk County.

1878. — Chapter 280.

SUFFOLK COUXTY.

Boston,
Chelsea, .
Revere,
Winthrop,

Four hundred, and twelve thousand
seven hundred and forty dollars,

Nine thousand eight hundred and
twenty dollars, ....

One thousand and forty dollars.

Five hundred and sixty dollars.

$412,740 00

9,820 00
1,040 00

560 00

$424,160 00

Worcester
County.

WORCESTER COUNTY.

Ashburnham,

Athol,

Auburn ,

Barre,

Berlin,

Blackstone,

Bolton,

Boylston,

Brookfield,

Charlton,

Clinton ,

Dana,

Douglas,

Dudley,

Fitchburg,

Gardner,

Grafton ,

Hard wick, .

Harvard,

Six hundred and thirty dollars.

One thousand five hundred and

seventy dollars, .
Three hundred and thirty dollars.

One thousand and sixty dollars,

Two hundred and eighty dollars,

One thousand one hundred and

ninety dollars,
Three hundied and ten dollars,

Three hundred and twentj' dollars,

Seven hundred and ninety dollars.

Five hundred and sixty dollars.

Two thousand four hundred and

seventy dollars, .
One hundred and seventy dollars.

Five hundred and thirty dollars,

Five hundred and ninety dollars,

Seven thousand and ninety dollars.

One thousand one hundred and

eighty dollars, ....

One thousand and ninety dollars, .

Six hundred and ten dollars, .

Six hundi-ed and ten dollars, .

$630 00

1,570 00
330 00

1,060 00

280 00

1,190 00
310 00

320 00

790 00

560 00

2,470 00
170 00

530 00

590 00

7,090 00

1,180 00
1,090 00

610 00

1878. — Chapter 280.

WORCESTER C O U N T Y — Continued.

295

Worcester

County.

Holden,

Hubbardston,

Lancaster,

Leicester, .

Leominster,

Lunenburg,

Mendon, .

MUford, .

Millbury, .

Xew Brain tree,

Xorthborough,

Northbridge,

N. Brookfield,

Oakham, .

Oxford,

Paxton,

Petersham,

Phillipston,

Princeton, .

Royalston,

Rutland, .

Shrewsbui-y ,

Southborough,

Southbridge,

Spencer, .

Sterling, .

Sturbridge,

Five hundred and fifty dollars,
Four hundred and ninety dollars, .

One thousand two hundred and
seventy dollars, ....

One thousand one hundred and
ninety dollars, ....

Two thousand one hundred and
fifty dollars, ....

Four hundred and thirty dollars, .

Three hundred and seventy dollars,

Two thousand eight hundred and

sixty dollars.
One thousand four hundred and

seventy dollars, .
Two hundred and seventy dollars,

Seven hundred and ten dollars.

One thousand two hundred and fifty

dollars, ....
One thousand and forty dollars.

Two hundred dollars.

Eight hundred and sixty dollars.

One hundred and eighty dollars.

Three hundred and ninety dollars.

One hundred and eighty dollars.

Five hundred and ten dollars.

Four hundred and twenty dollars,

Two hundred and sixty dollars.

Six hundred and thirty dollars,

Seven hundred and seventy dollars.

One thousand seven hundred and
fifty dollars, ....

One thousand five hundred and forty
dollars, .....

Six hundred and forty dollars.

$550 00
490 00

1,270 00

1,190 00

2,150 00
430 00

370 00

2,860 00

1,470 00
270 00

710 00

1,250
1,040

00
00

200

860

180

390

ISO 00

510

420

260

630

770

1,750 00

1,540 OO'

640 00

296

"Worcester
County.

1878. — Chapter 280.
WORCESTER C O UNT Y— Coxcluded.

Sutton,

Templeton

Upton,

Uxbridge,

Warren,

Webster,

Westborough,

West Boylston,

West Brookfield

Westminster,

Winchendon,

Worcester,

Eight hundred and twenty dollars, .

Seven hundred and forty dollars, .

Fom- hundred and ninety dollars, .

One thousand and twenty dollars, .

Eight hundred and seventy dollars.

One thousand four hundred dollars,

One thousand three hundred and
fifty dollars, ....

Six hundred and sixty dollars.

Four hundred and eighty dollars, .

Four hundred and ninety dollars, .

One thousand two hundred and forty
dollars, .....

Twenty-eight thousand five hundred
and ten dollars, ....

^820 00
740 00
490 00

1,020 00
870 00

1,400 00

1,350 00
660 00

480 00

490 00

1,240 00
28,510 00

$82,470 00

Recapitulation
by counties.

RECAPITULATION.

Barnstable Co.,
Berkshire Co.,
Bristol Co.,
Dukes Co.,
Essex Co.,
Franklin Co.,
Hampden Co.,
Hampshire Co.,
Middlesex Co.,
Nantucket Co.,

Nine thousand three hundred and
seventy dollars, ....

Twenty-two thousand and forty dol-
lars, . . . . .

Sixty-two thousand nine hundred
and fortj^ dollars.

One thousand six hundred and fifty
dollars, .....

Ninety-four thousand one hundred
and thirty dollars,

Ten thousand and eighty dollars, .

Forty-three thousand and fifty dol-
lars, ......

Fourteen thousand nine hundred
dollars,

One hundred fifty-nine thousand
two hundred dollars, .

One thousand three hundred and
thirty dollars, ....

19,370 00

22,040 00

62,940 00

1,650 00

94,130 00
10,080 00

43,050 00

14,900 00

159,200 00

1,330 00

1878. — Chapter 280.

EECAPITULATION — Concluded.

297

Norfolk Co.,

Fiftv-one thousand nme hundred

and fifty dollars,

$51,950 00

Plymouth Co., .

Twenty-two thousand seven hun-

dred and thirty dollars,

22,730 00

Suffolk Co.,

Four hundred and twenty-four thou-

sand one hundred and sixty dollars,

424,160 00

Worcester Co., .

Eiijhtv-two thousand four hundred

and seventy dollars.

82,470 00

11,000,000 00

Section 2. The treasurer shall forthwith send his
warrant, with a copy of this act, directed to the selectmen
or assessors of each city or town taxed as aforesaid, re-
quiring them respectively to assess the sum so charged,
according to the provisions of chapter eleven of the Gen-
eral Statutes, ancl 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 tenth day of Decem-
ber in tlie year one thousand eight hundred and seventy-
eight, the sums set against said cities and towns in the
schedule aforesaid ; and the selectmen or assessors respec-
tively shall return a certificate of the names of such treas-
urers, with the sum which each may be required to collect,
to the treasurer of the Commonwealth, at some time before
the first day of October next.

Section 4. If the amount due from any city or town,
as provided in this act, is not paid to the treasurer of the
Commonwealth within the time specified, then the treasurer
shall notify the treasurer of said delinquent city or town,
who shall pay into the treasury of the Commonwealth, in
addition to the tax, such further sum as would be equal to
one per centum per month during such delinquency, dated
on and after the tenth day of December next ; and if the
same remains unpaid after the first of January next, an
information may be filed by the treasurer of the Com-
monwealth in the supreme judicial court, or before any
justice thereof, against such delinquent city or town; and
upon notice to such city or town, and a summary hearing

Treasurer of the
Commonwealth
to issue war-
rant.

To require se-
lectmen or as-
sessors to issue
warrants to city
or town treasu-
rers.

To notify treas-
urers of delin-
quent cities and
towns.

298

1878. — Chapter 281.

Demands
against the Com-
monwealth to be
submitted to ar-
bitration.

thereon, a warrant of distress may issue against sucli 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. This act shall take effect upon its passage.

Approved May 17, 1878.

Chap. 2S1 ^N -^CT PROVIDING FOR THE SUBMISSION TO ARBITRATION OF
THE DEMANDS OF GEORGE CLAPP AND FREDERICK K. BALLOU
AGAINST THE COMMONWEALTH.

Be it enacted, &c., as folloios :

Section 1. The harbor commissioners of the Common-
wealth are hereby authorized to sign and acknowledge
before a justice of the peace, in the name and behalf of the
Commonwealth, an agreement with George Clapp and
Frederick K. Ballon, both of Boston in the county of
Suffolk, copartners under the style of Clapp and Ballon,
to be signed and acknowledged before a justice of the
peace by said Clapp and Ballon, for the submission of the
demands of said Clapp and Ballon against the Common-
wealth in their own original right, and as the assigns of
the Rockport Granite Company of Massachusetts, hereto-
fore presented to the governor and council, to the deter-
mination of Dwight Foster of Boston in the county of
Suffolk, Charles U. Cotting of Brookline in the county of
Norfolk and Jonathan A. Lane of said Boston as arbitra-
tors, the unanimous award of whom being made and
reported within one year from the passage of this act to
the supreme judicial court for the county of Suffolk, the
judgment of said court thereon shall be final ; and said
agreement of submission may provide that the arbitrators
shall determine by whom the costs and expenses of such
arbitration shall be borne, and determine all questions of
costs, and subject to approval and allowance by said court,
the fees of the arbitrators.

Section 2, The award of said arbitrators made and
returned to the supreme judicial court for the county of
Suffolk as provided in this act, may be acted on by said
court or any justice thereof in term time or in vacation,
and said court may accept, or reject, or recommit said
award, or take such other action concerning the same as
the court may take in relation to awards of arbitrators
made under the one hundred and forty-seventh chapter of
the General Statutes, reserving to either party the right of
appeal from the decision of a single justice upon any
matter of law.

Award of arbi-
trators.

1878. — Chapter 282.

299

Section 3. Upon the entry of final iiidg^ment upon upon entry of

• 1 11 -I , • ,• J 1 i> 1 • judifment upon

said award by said court or any justice tliereoi as herein award, governor
before provided, the governor shall draw his warrant for foAhe^mounT.'^
the amount, if any, which said Clapp and Ballon shall be
found entitled to recover of said Commonwealth ; and the
same shall be paid to said Clapp and Ballou out of the
treasury of the Commonwealth.

Section 4. In case any vacancy shall occur by reason vacancy in
of the death, resignation or disability of any arbitrator, torB*^'^"^^' ^^^^'
or other cause, his place may be supplied by any person
whom the said Clapp and Ballou, or the survivor of them,
and the harbor commissioners of the Commonwealth may
in writing agree upon ; and thereupon the arbitration shall
proceed, and the award shall have the same effect and
validity as though such substituted arbitrator had been
originally named as such in the agreement of submission.

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

Ap2)roved May 17 ^ 1878.

An Act to provide abditioxal pat to poor and indigent Chap. 282

SOLDIERS AND SAILORS.

Be it enacted, &c., as follows :

Section 1. Every city and town in which any soldiers Aid for poor

., •Ill 1 • J 1 p soldiers and

or sailors reside, who nave served m the army or navy oi sailors.
the United States to the credit of this Commonwealth,
and been honorably discharged therefrom, and are not
entitled to admission to any national soldiers' home, and
who are poor and indigent and stand in need of relief,
shall raise money by taxation or otherwise, and as further
compensation for such service shall under the direction of
its mayor and aldermen or selectmen pay to such soldiers
or sailors or if deemed best expend therefor, such neces-
sary sum of money as will furnish them reasonable relief
or support ; and no such soldier or sailor shall be required
to receive such relief or support in any almshouse or in
any public institution unless he chooses to do so, or his
physical or mental condition requires it ; and all sums of
money so paid out or expended shall be reimbursed by the
Commonwealth to such city or town in the manner state
aid is now reimbursed. And any such soldier or sailor
requiring full support may select the place where he will
be supported : provided, the cost of such support at the
place selected shall not exceed the fair average cost of rea-
sonable support for persons of like degree in life, in such
city or town ; and any city or town violating any of the
provisions of this act shall be liable in an action of con-

Reimbursement

to cities and
towns.

300

1878. — Chapter 283.

Surgeon-general
to inquire into
number of sol-
diers and sailors
now receiving
public aid.

Chap. 283

Appropriations.

Explosive com-
pounds.

Probate office in
Suffolk.

Town of Hard-
wick.

Timothy Mur-

phy-

Idiotic youth.

John P. Sawin.
State archives.

Company C,
Eighth Regi-
ment.

Eye and Ear In-
firmary.

tract to any persons furnishing such relief or support,
after written notice to such mayor or selectmen that the
same is to be furnished.

Section 2. It shall be the duty of the surgeon-general
of the Commonwealth to inquire as to the number of in-
digent soldiers or sailors now receiving public aid through-
out the Commonwealth, and include in his next annual
report such facts as he may gather in regard to the con-
dition and necessities of such persons.

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

Ai^proved May 17, 1878.

An Act making appropriations to meet certain expenditures
authorized the present year, and for other purposes.

Be it enacted., &c., as follows:

Section 1. The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the Commonwealth
from the ordinary revenue, for the purposes specified in
certain acts and resolves of the present year : —

In the act, chapter six, relating to the publication of
rules to regulate transportation of explosive compounds,
a sum not exceeding one hundred dollars.

In the act, chapter one hundred and nineteen, providing
for the appointment of a cl erk in the probate office of the
county of Suffolk, a sum not exceeding nine hundred
dollars.

In the resolve, chapter four, in favor of the town of
Hardwick, the sum of four hundred seventeen dollars and
eighty-nine cents.

In the resolve, chapter eight, in favor of Timothy ]\Iur-
phy, a sum not exceeding two hundred dollars.

In the resolve, chapter nine, in favor of the school for
idiotic and feel)le minded youth, the sum of two thousand
five hundred dollars.

In the resolve, chapter ten, in favor of John P. Sawin, a
sum not exceding two hundred dollars.

In the resolve, chapter eleven, relating to the indexing
of the state archives, a sum not exceeding two thousand
five hundred dollars.

In the resolve, chapter fifteen, in favor of Company C,
eighth regiment, Massachusetts volunteer militia, the sum
of three hundred dollars.

In the resolve, chapter sixteen, in favor of the Massa-
chusetts Charitable Eye and Ear Infirmary, the sum of
eight thousand dollars.

In the resolve, chapter seventeen, providing for addition-

1878. — Chapter '283.

301

al buildings for the State Lunatic Hospital at Taunton, a H„si,itaiat

sura not exceeding ten thousand dollars. Taunt.m.

In tlie resolve, chapter twenty, reimbursing sundry cities lum of armo-

and towns, for payments made on account of rent of armor- "'''*■
ies, a sum not exceeding four thousand four hundred
twenty-four dollars and eighty-seven cents.

In the resolve, chapter twenty-one, in favor of the Dis- ^^.'f";'';''^^ Soi-

abled Soldiers' Employment Bureau, the sum of three mtnt Bureauf'
thousand dollars.

In the resolve, chapter twentv-two, in favor of discharged Discharged fe-

1 pr"- 1 11111 malt' prisoners.

female prisoners, the sum oi nlteen hundred dollars.

In the resolve, chapter twenty-four, in favor of Foster Foster KiDg.
King, the sum of two hundred and twenty-six dollars, in
accordance with the provisions of said resolve.

Miscellaneous.

For the salaries of the assistant clerks of the senate and
house of rejjresentatives, one thousand eight hundred
dollars.

For the salary of the private secretary of the governor,
two thousand five hundred dollars ; and for the salaries of
the messengers of the governor and council, one thousand
eight hundred dollars.

For weights, measures, law reports, etc., for the towns
of Hampden and North Adams, a sum not exceeding five
hundred dollars.

For editing the Registration Report, a sum not exceed-
ing five hundred dollars.

For "Supplements to the General Statutes," purchased
for use of the legislature, under an order thereof, the sum of
ninety-nine dollars.

For the purchase of documents for foreign and domestic
exchange, a sum not exceeding one hundred dollars.

For the publication of the Provincial Statutes, a sum not
exceeding ten thousand dollars.

For preparing a catalogue of the state library, a sum not
exceeding two hundred dollars.

For travelling and contingent expenses of the commis-
sioners on savings banks, a sum not exceeding one thousand
dollars, in addition to the appropriation heretofore made
for the present year.

For expenses of the board of supervisors of statistics, a
sum not exceeding one hundred dollars.

For apparatus required by the state inspector of gas and

Assistant clerks,
Senate and
House.

Governor's pri-
vate secretary.

Hampden and
North Adams.

Registration.

Supplement to
General Sta-
tutes.

Documents for
exchange.

Provincial Sta-
tutes.

Catalogue State
library.

Commissioners
on savings
banks.

Supervisors of

statistics.

Inspector of gas.

302

1878. — Chapter 283.

State detectives.

Back Bay lands.

Massachusetts
Volunteers.

Town of Mash-
pee.

Massachusetts
soldiers in the
war of 1812.

Railroad Com-
missioners.

Appropriations
made applicable
to present year.

Board of educa-
tion, postage,
&c.

Expenses of
agents.

Normal School,
Framingham.

Normal School,
Salem.

Prison for Wo-
men.

Tax commis-
sioner.

gas meters, a sura not exceeding two hundred and fortj-
eiglit dollars.

For expenses incurred by the state detective force, dur-
ing the previous year, a sum not exceeding one hundred
twenty-three dollars and forty-two cents.

The residue of the moiety of proceeds of Back Bay lands,
applicable to improvements is hereby appropriated in ac-
cordance with the Statutes.

The appropriation heretofore made in aid of Massachu-
setts volunteers and their families, may be held applicable
for the payment of expenses incurred in the adjustment of
such accounts.

For expenses incurred in the construction and repair of
roads in the town of Mashpee, a sum not exceeding three
hundred dollars.

For expenses incurred in obtaining and recording evi-
dence of service of Massachusetts men during the war of
eighteen hundred and twelve, a sum not exceeding one
thousand dollars.

For expenses of advertising, incurred by the railroad
commissioners, in relation to the transportation of explo-
sive compounds, the sum of sixty-two dollars and seventy
cents.

The appropriations made in chapter sixty-one, of the
resolves of eighteen hundred and seventy-seven, are here-
by made applicable to the same purposes for the present
year.

For postage, printing and stationery for the board of
education, a sum not exceeding five hundred dollars, in
addition to the appropriation heretofore made for the j)res-
ent year.

For expenses of the agents of the board of education, a
sum not exceeding two hundred dollars, in addition to the
appropriation heretofore made for the present year.

For furniture, repairs on buildings, and for sewerage at
the State Normal School at Framingham, a sum not ex-
ceeding five hundred and eighty-eight dollars.

For sewerage and drainage at the State Normal School
at Salem, a sum not exceeding six hundred dollars.

For the payment of salaries and wages at the state
Prison for Women, a sum not exceeding three thousand
dollars, in addition to the appropriation heretofore made
for the present year.

For expenses attending appeals by insurance companies
from decisions of the tax commissioner, a sum not exceed-
ing three hundred dollars ; and for expenses attending the

1878. — Chapter 284. 303

dissolution of corporations, a sum not exceeding three hun-
dred dolhirs.

Tliere shall be allowed and paid for ex])enses attendint? Kocoum of votes

,. P T . pp .. I I 1 1 lor sheritt 01

the recount ot votes tor sherm ot Hani])den county at tlie Uampden coun-
last election, a sum not exceeding two hundred and sixty- '^'
six dollars and twenty-five cents.

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

Approved May 17, 1878.

An Act in addition to "an act making appropriations to Chap.2S4:

MEET certain EXPENDITURES AUTHORIZED THE PRESENT YEAR,
AND FOR OTHER PURPOSES."

Be it enacted, &c., asfoUoivs:

Section 1. The sums hereinafter mentioned are appro- Appropriations,
priated, to be paid out of the treasury of the Common-
wealth from the ordinary revenuQ, for the purposes speci-
fied in certain acts and resolves of the present year, and
for other purposes, to wit :

The ajDpropriations heretofore made for the pay and

State detective
force.

expenses of the State Detective Force, are hereby made
applicable to such expenses under the provisions of chap-
ter two hundred and forty-two of the acts of the present
year.

In the act, chapter two hundred and forty-eight, entitled TownofMasii-
" an act in addition to an act to incorporate the town of
Mashpee," a sum not exceeding two hundred and fifty
dollars.

The appropriations heretofore made for military expen- ^ijljlggf ^^^^^^
ditures during the present year, are hereby made applicable
thereto, under the provisions of chapter two hundred and
sixty-five of the acts of the present year.

In the settlement of the claim of Clapp and Ballou, the ciappandBai-
balances of the appropriations made for improvements in
Boston Harbor the previous year, shall be used ; and in
the settlement of the claim of Mayo and Baker, the bal- Mayo and Ba-
ance of the appropriation for building the prison for ^*^'*'
women shall be used ; and any excess of allowances over
said balances, shall be paid from any unappropriated
money in the treasury of the Commonwealth.

In the resolve in favor of Charles Fisher, the sum of Cbaries Fisiier.
one hundred ninety-seven dollars and forty-one cents.

In the resolve, chapter twenty-six, in favor of the Old ^jauon"*^ '^^**''
South Association in Boston, the sum of ten thousand dol-
lars.

In the resolve, chapter twenty-eight, in favor of the

304

1878. — Chapter 284.

State Primary
School.

State camp
ground.

Lists of Massa-
chusetts sol-
diers.

Militia regula-
tions.

Doorkeepers
and messengers.

Secretary's de-
partment.

Auditor's de-
partment.

General agent
of Board of
State Charities.

"Visiting agent
Board of State
Charities.

Catalogue of
State Ubrary.

Soldiers' hurial-
lot.

Printing militia
law.

Quartermaster-
general.

Surgeon-gener-
al.

state primary school at Monson, a sum not exceeding six
thousand dollars.

In the resolve, chapter thirty, providing for the erection
of a fence at the state camp ground at Framingham, a sum
not exceeding five hundred dollars.

In the resolve, chapter thirty-nine, authorizing the re-
vision and correction of the list of Massachusetts soldiers
who served in the war of the rebellion, a sum not exceed-
ing six hundred and fifty dollars.

In the resolve, chapter forty-four, relative to printing
code of regulations for the use of militia, a sum not
exceeding fifteen hundred dollars.

For the compensation of doorkeepers, messengers and
pages to the legislature, a sum not exceeding ten thou-
sand dollars.

For clerical assistance in the secretary's department, a
sum not exceeding five hundred dollars.

For clerical assistance in the auditor's department, a
sum not exceeding four hundred dollars.

For clerical assistance in the department of the general
agent of the board of state charities, a sum not exceeding
two thousand dollars.

For expenses in the department of the visiting agent of
the board of state charities, a sum not exceeding five hun-
dred dollars.

For printing the catalogue of the state library, a sum
not exceeding three thousand dollars.

For expenses in connection with the soldiers' burial lot
at Dedham, a sum not exceeding six hundred dollars.

The unexpended balance of the appropriation made for
printing the militia law in eighteen hundred and seventy-
seven, is hereby made applicable to the same purpose during
the present year.

Any sums of money received under the provisions of
section eighty-six of chapter two hundred and sixty-five
of the acts of the present year, and from the sale of grass
at the state camp ground, may be expended by the quar-
termaster-general under the direction of the governor and
council for the purchase of other military supplies, and
for the care and improvement of said camp ground.

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

The appropriations made in this act, shall be construed
to be in addition to the appropriations for the same pur-
poses, heretofore made the present year.

For the payment of salaries and wages at the reform

1878. — Chapter 284. 305

school at Westboro, a sum not exceeding five thousand 'f^lH^Jj^^'
dollars : and for the current expenses of said institution, a
sum not exceeding twenty-five hundred dollars.

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

Ap2)roved May 17, 1878.

306

1878. — Chapters 1, 2.

RESOLVES,

GEJSTEKAL AND SPECIAL.

Chap. 1 Eesolve granting county taxes.

graTtld!''^^* 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. — Fourteen thousand dollars.
Berkshire. — Eighty-two thousand dollars.
Bristol. — One hundred and nine thousand dollars.
Dukes. — Seven thousand four hundred dollars.
Essex. — One hundred and seventy thousand dollars.
Franklin. — Twenty-eight thousand dollars.
Hampden. — Eighty thousand dollars.
Hampshire. — Thirty-eight thousand dollars.
Middlesex. — One hundred and fifteen thousand dol-
lars.

Norfolk. — Seventy-seven thousand dollars.
Plymouth. — Fifty thousand dollars.
Worcester. — One hundred and fifty thousand dollars.

Approved March 6, 1878.

Chap. 2 Resolve in favor of abby a. dike.

statTald?" ^°' Resolved, That there be allowed and paid to Abby A.

Dike of Stoneham, widow of the late Captain John H.
Dike of Company L, sixth regiment Massachusetts vol-
unteer militia, state aid from December thirty-first in the
year eighteen hundred and seventy-five, to the same amount
which she would have been entitled to receive if the said
John H. Dike had been mustered into the service of the
United States prior to the nineteenth day of April in the
year eighteen hundred and sixty-one.

Approved March 6, 1878.

1878. — Chapters 3, 4, 5, 6, 7.

307

Resolve in favor of company c, eighth regiment, massa- Chap. {

CHUSETTS VOLUNTEER MILITLA.

Resolved., That there be allowed and paid, and the same Allowance to
is hereby appropriated, a sum not exceeding seventy-eight Eishth'Hcgi-
dollars and forty cents, to Company C, of the eighth regi-
ment, Massachusetts volunteer militia, in compensation
for services rendered at the conflagration in Marblehead
on the twenty-fifth day of June eighteen hundred and
seventy-seven. Apx)roved March 7, 1878.

niciit, Massa-
chusetts Volun-
teer Militia.

Resolve in favor of the town of hardwick.
Resolved., That there be allowed and paid out of the
treasury of the Commonwealth, to the town of Hardwick,
the sum of four hundred and seventeen dollars and eighty-
nine cents, in reimbursement of taxes retained in the
treasury of the Commonwealth on certain bank stocks
owned in said town. Approved March 13, 1878.

Resolve to amend a resolve in relation to the antietam

cemetery in the state of MARYLAND.

Chap. 4

Allowance to
town of Hard-
wick.

Chap.

Resolved, That chapter sixty-three of the resolves of the Amendment to
year eighteen hundred and seventy-seven, in relation to
the Antietam Cemetery in the state of Mar3dand, is
amended b}' striking out the following words, to wit : —
" whenever it shall appear to him that the fee and owner-
ship of said cemetery are duly vested in the United States."

Approved March 29, 1878.

Resolve relating to the contract for the state printing. Chap. 6

Resolved, That for the purpose of removing a doubt now Contract for
existing as to the proper construction of a certain clause ^''''^ p''"''i°s-
of the contract now existing between the Commonwealth
and George C. Rand, Abraham Avery, Samuel Johnson,
John C. Rand and Avery L. Rand, the secretary of the
Commonwealth be authorized, in behalf of the Common-
wealth, to enter into a written agreement with said George
C. Rand and others, to which they shall be parties, to the
effect that "office blank books," referred to in said con-
tract, shall not be taken to include books containing
printed matter beyond the jDaging, headings or other mat-
ter usually contained in ordinary blank books prepared
for miscellaneous use or sale. Approved March 29, 1878.

Resolve in favor of the town of swampscott. Chap. 7

Resolved, That out of the Massachusetts school fund Allowance to
there be allowed and paid to the town of Swampscott two s°w^?scott.

308

1878. — Chapters 8, 9, 10, 11, 12.

Chafp. 8

Annuity to Tim-
othy Murphy.

hundred and eight dollars and eighty-three cents, being
its share of the income of said school fund for the 3'ear
eighteen hundred and seventy-five.

Airproved March 30, 1878.

Resolve in favor of timothy murpht.

Resolved, That during the period of five years from the
first day of January in the year eighteen hundred and
seventj^-eight, an annuity of two hundred dollars be al-
lowed and paid from the treasury of the Commonwealth
to Timothy Murphy, in equal quarterly payments, as state
aid. Approved April 4, 1878.

Chap. 9 Resolve in favor of the Massachusetts school for idiotic

AND FEEBLE MINDED YOUTH.

Resolved, That there be allowed and paid out of the
treasury to the Massachusetts School for Idiotic and
Feeble Minded Youth, the sum of twenty-five hundred
dollars, to meet the wants of the school in its current and
necessary expenses. Approved April 4, 1878.

Resolve in favor op john p. sawin.

Resolved, That there be allowed and paid from the
treasury of the Commonwealth to John P. Sawin, of Bos-
ton, an annuity of two hundred dollars for the term of five
years, as state aid, from the first day of January in the
year eighteen hundred and seventy-eight, paj^able in equal
quarter-yearly instalments. Approved Aj)ril 4, 1878.

Chap. 11 Resolve in addition to a resolve relating to the index-
ing OF the state archives.

^^^^^J°s state Resolved, That instead of the three additional clerks
authorized by chapter fifty-seven of the Resolves of the
year eighteen hundred and seventy-seven, the secretary of
the Commonwealth is authorized to employ two clerks for
the performance of the work therein provided for ; one at
• a compensation not exceeding thirteen hundred dollars per
annum, and one at a compensation not exceeding twelve
hundred dollars per annum, the same to commence Janu-
ary first, eighteen hundred seventy-eight.

Approved April 4, 1878.

Allowance to
School for Fee-
ble Minded
Youth.

Chap. 10

Annuity to John
P. Sawin.

Chap. 12

Resolve relative to labor in state institutions.
Resolved, That the Bureau of Statistics of Labor is here-

To investigate

concerninj? , ^ • ^ i pn> •• ^ ^ • i

work performed by authorizcd to malcc a lull investigation as to the kind

tioDs°and"re-'"" and amouut, of work performed at the penal institutions of

1878. — Chapters 13, 14, 15, 16. 309

this state, and as to all the facts pertaining to the same ; f^^l^° ''"S"^^-
and to recommend such legislation, if any, as is advisable
to prevent competition between said labor and the other
industries of this state; and to report the same to the next
general court. Approved April G, 1878.

Resolve in favor of the commissioners on contagious Chap. 13

DISEASES AMONG CATTLE.

Resolved^ That the sum of two hundred and fifty dol- foi?cItti"com°
lars be appropriated for the use of the commissioners on m»BS'on«rs.
contagious diseases among cattle, for the year eighteen
hundred and sevent3'-eight. Approved April 6, 1878.

Resolve in favor of george white. Chap. 14

Resolved, That there be allowed and paid out of the Allowance to
treasury of the Commonwealth to George White, probate judge^of pro-^'
judge of Norfolk County, the sum of one hundred and ^'^^^'
ninety-three dollars and fifty-five cents, for performing the
duties of probate judge of Suffolk County during the
vacancy caused b}^ the death of Isaac Ames, probate judge
of said Suffolk County, and before the ajjpointment of his
successor in the month of March in the year eighteen hun-
dred and seventy-seven. Approved Apml 9, 1878.

Resolve in favor of company' c, eighth regiment massa- Chai). 15
chusetts volunteer militia. ^ '

Resolved, That there be allowed and paid to Company Allowance to

C, eighth regiment Massachusetts volunteer militia, the KginhRe^'-'

sum of three hundred dollars, in full for losses incurred in ^"let^s voTun.

saving the property of the Commonwealth at the fire in teerMmtia.
Marblehead in the year eighteen hundred and seventy-
seven. Approved Ap)ril 10, 1878.

Resolve in favor of the Massachusetts charitable eye Chap. 16

AND EAR INFIRMARY.

Resolved, That there be allowed and paid out of the Allowance to
treasury of the Commonwealth the sum of eight thousand firma^ry^ ^'''^ ^°'
dollars to the Massachusetts Charitable Eye and Ear In-
firmary, to be expended under the direction of the mana-
gers 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 eigliteen
hundred and sixty-seven. Ap)proved April 10, 1878.

310

1878. — Chapters 17, 18, 19, 20.

Chaj). 1 7

Additional
buildins; for
lunatic hor^pital
at Taunton.

Chap. 18

Allowance to
Chester C. Co-
nant, judge of
probate.

Chajh 19

Allowance to
Rebecca E. Lib-
by.

Chap. 20

Reimburse-
ments to cities
and towns of
payments made
for rent of armo-
ries.

Resolve providing for additional buildings for the state

LUNATIC hospital AT TAUNTON.

Resolved, That there be allowed and paid out of the
treasury of the Commonwealth, a sum not exceeding ten
thousand dollars, to be expended by the trustees of the
State Lunatic Hospital at Taunton, for the purpose of con-
structing a building for laundry purposes and furnishing
the same, at said institution : provided, that work shall not
be begun on the same until proper plans of said building
and the cost of its erection are submitted to and receive
the approval of the governor and council.

Approved April 13, 1878.

Resolve in favor of Chester c. conant.

Resolved, That there be allowed and paid out of the
treasury of the Commonwealth to Chester C. Conant, for
services as judge of probate for Hampshire County, for
and during the time that the service is performed, the
same amount as is now provided by law for the services of
probate judge of Hampshire County.

Approved April 13, 1878.

Resolve in favor of rebecca e. libby.

Resolved, That there be allowed and paid out of the
treasury of the Commonwealth to Rebecca E. Libby, state
aid to the amount of four dollars per month, from and
after the first day of January in the year eighteen hundred
and seventy-eight. Approved April 13, 1878.

Resolve reimbursing sundry cities and towns for pay-
ments MADE ON account OF RENT OF ARMORIES.

Resolved, That there be allowed and paid from the
treasury of the Commonwealth to the following cities and
towns the sums herein below set against their names, in
reimbursement of payments made for rent of armories
previous to January first eighteen hundred and seventy-
eight, to wit : —

Ashburnham. — Sixty-six dollars and thirty-five cents.

Beverly. — One hundred and thirty-two dollars and
sixty-five cents.

Concord. — Seventy-five dollars and eighty cents.

Fitchbury. — Nine hundred and six dollars and seventy
cents.

Gloucester. — Two hundred and fifty-one dollars and
sixty cents.

1878. — Chapters 21, 22. 311

Haverhill. — One hundred and eighty-nine dollars and
fifty cents.

Lowell. — Eight hundred and ninetj^-six dollars and
ninety-seven cents.

Leominster. — One hundred and thirteen dollars and
seventy cents.

Medford. — One hundred and thirty-two dollars and
seventy cents.

Millhury. — One hundred and three dollars and ten
cents.

3Iarlbor<mgh. — Two hundred and twenty-seven dollars
and forty cents.

Newhuryport. — Two hundred and twenty-seven dollars
and fort}' cents.

Plymouth. — One hundred and thirty-two dollars and
sixty-five cents.

Springfield. — Five hundred and thirty-two dollars and
fifty cents.

Taunton. — Two hundred and twenty-seven dollars and
forty cents.

Westford. — Fifty-six dollars and eighty-five cents.

Wakefield. — One hundred and fifty-one dollars and
sixty cents. Approved April 17., 1878.

Resolve in favor of the disabled soldiers' employment Chan. 21

BUREAU.

Resolved., That there be allowed and paid out of the Soldiers- Em-
treasury of the Commonwealth, the sum of three thousand {-oau™'"'
dollars, to the treasurer of the Disabled Soldiers' Employ-
ment Bureau, in aid of said bureau.

Approved April 20, 1878.

Resolve in favor of discharged female prisoners. Chap. 22

Resolved, That there be allowed and paid out of the Allowance for
treasury of the Commonwealth, to the advisory board of chiV"g«i female
overseers to prisons, a sum not exceeding fifteen hundred prisoners,
dollars, for the purpose of aiding discharged female prison-
ers, in the same manner as provided for discharged convicts
under section sixty-six of chapter one hundred and seventy-
nine of the General Statutes ; said sum to be payable upon
proper vouchers filed with the state auditor ; and the said
advisory board shall render on or before the fifteenth day
of October a detailed report to the governor and council
of the expenditure of the sum hereby granted.

Aptproved April 23, 1878.

312

1878. — Chapters 23, 24, 25.

Chap. 23

Distribution of
public docu-
ments.

Chap. 24

Allowance to
Foster King.

Chap. 25

Harbor lines in
Charles River
Basin.

Resolve relative to the distribution of certain public

documents.

Resolved., That of public documents now on sale in the
office of the secretary of the Commonwealth there be dis-
tributed forthwith equally among the members of the legis-
lature for the use of their constituents, fourteen liundred
copies of the Report of the Secretary of the Board of
Education, fourteen hundred copies of the Report of the
Railroad Commissioners, fourteen hundred copies of the
Report of the Secretary of the Board of Agriculture, eight
hundred and forty copies of the Manual, and two hundred
and eighty copies of the Report of the Secretary of the
Board of State Chai-ities ; and that there be transferred to
the office of the secretary of the Board of State Charities
one hundred and fifty copies of his last annual report.

Approved April 23, 1878.

Resolve in favor op foster king.

Resolved., That there be allowed and paid out of the
treasury of the Commonwealth to Foster King, the sum of
two hundred and twenty-six dollars, for compensation for
work done upon and for damages caused by the construc-
tion of the Troy and Greenfield Railroad : provided., that the
said sum shall be accepted by said King in full settlement
of all demands against the Commonwealth.

Approved April 23, 1878.

Resolve concerning the lands of the commonwealth in
charles river.

Resolved, That the Land Commissioners are hereby
authorized to apply to the Harbor Commissioners for a
revision of the harbor lines in Charles River Basin, so called ;
and said Land Commissioners are hereby placed in charge
of the lands belonging to the Commonwealth in Charles
River above Canal Bridge, so called, and within the harbor
lines as they now are or hereafter shall be established,
subject to all general laws relating to lands under tide
water; and said Land Commissioners may make contracts
for the filling, use, sale or other disposition of said lands,
subject to the approval of the governor and council, and
subject to the provisions of section eight of chapter two
hundred and thirty-nine of the acts of the year eighteen
hundred and seventy-five. Ajyproved April 26, 1878.

1878.— Chapters 26, 27, 28, 29.

313

Resolve in favor of the old south association in boston. Chap. 26

Resolved^ That there be allowed and paid out of the Allowance to
treasuiy of the Commonwealth, to the Old South Associa- sociaiion in bos-
tion in Boston, incorporated by chapter two hundred and *^'*-
twenty-two of the acts of the year eighteen hundred and
seventy-seven, the sum of ten thousand dollars ; the same
to be used and applied for the preservation of the Old South
Meeting House in Boston ; payable only on satisfactory
evidence furnished to the governor and council that a
sum has been received from other sources which together
with this amount shall be sufficient to give to this associa-
tion a complete title to said meeting house and the land
connected therewith, free from all debt or incumbrance.
This grant is made upon condition that the free use of
said meeting house shall be given to the legislature when-
ever requested for the preaching of the annual election
sermon. Apj^^'oved May 4, 1878.

Resolve in favor of the pilgrim society of Plymouth. Chan 27

Resolved, That the sum of ten thousand dollars be and Allowance for
the same is hereby appropriated, to aid in the completion n^,',^i^,',$^enta/
of the National Monument to the Forefathers of this Com- Plymouth.
monwealth, now being erected at Plymouth, the same to be
devoted to procuring and paying for the statue of " Moral-
ity^" as shown upon the design adopted by said society.
The governor with the advice and consent of the council
is hereby authorized to draw his warrant for said sum in
favor of said society or such officer thereof as he may deem
best. Approved May 4, 1878.

Resolve in favor of the state primary school at monson. Chan '^8

Resolved, That there be allowed and paid out of the Allowance to
treasury a sum not exceeding- six thousand dollars, to be l^f^ ?"°i?''y

111 1 • CIO T-> • c\ T ^ School at Men-

expended by the inspectors or the State rrimary School son.
at Monson, as follows : — Five thousand dollars thereof
for necessary repairs and alterations on the buildings and
premises ; and one thousand dollars thereof for school fur-
niture, books and apparatus. Approved May 6, 1878.

Resolve relating to the reformatory prison for women. Chat) 29

Resolved, That the sums hereinafter named be allowed Reformatory
and paid out of the treasury of the Commonwealth for the men!" ^^"^ ^°'
following purposes: — For furniture for the Reformatory
Prison for Women, a sum not exceeding twenty-five hun-
dred dollars. For a house containing two tenements, for
the occupancy of the engineer and other male employes

314

1878. — Chapters 30, 31, 32.

Money to be ex-
pended by com-
missioners.

ProWso.

at said prison, a sum not exceeding two thousand five hun-
dred dollars. For the fitting of cells, a sum not exceeding
five hundred dollars. For the current expenses of said
prison, a sum in addition to other appropriations therefor,
not exceeding twenty-five hundred dollars. For iron grat-
ings to windows, a sum not exceeding nineteen hundied
dollars. For draining and otherwise improving the grounds
belonging to said prison, a sum not exceeding two thou-
sand dollars. For the purchase of land adjoining the
grounds of the prison and lying between said grounds and
the village of South Framingham, the sum of sixteen
hundred dollars ; and the governor and council are hereby
authorized to purchase the same, if they consider it desira-
ble and expedient : jjrovlded, the purchase shall be made at
a price not exceeding two hundred dollars per acre. Said
sums herein authorized to be expended by the commission-
ers of prisons and are hereby appropriated ; provided, that
the amounts designated for the fitting of cells and for iron
gratings to windows shall be paid from the unexpended
balance of the appropriation for construction, if any re-
mains; otherwise out of the treasury of the Common-
wealth. Approved May 8, 1878.

Resolve to provide for the erection of a fence at the
state camp ground at framingham.

Resolved, That a sum not exceeding three hundred dol-
lars be allowed and paid out of the treasury of the Com-
monwealth, to be exjDended under the direction of the
quartermaster-general, with the approval of the governor
and council, for the erection of a fence at the state camp
ground in Framingham. App»'oved May 8, 1878.

Chap. 31 Resolve to provide for the purchase of knapsacks for

ISSUE to the militia.
Resolved, That a sum not exceeding five thousand dol-
lars be allowed and paid out of the treasury of the Com-
monwealth, and the same is hereby appropriated, to be
expended under the direction of the quaitermaster-gen-
eral, with the approval of the governor and council, for
the purchase of knapsacks for issue to the militia.

Approved May 8, 1878.

Chap. 32 Resolve to provide for the repairs of buildings at the

STATE camp ground AT FRAMINGHAM, AND AT THE ARSENAL
GROUNDS AT CAMBRIDGE.

i^grircarap"''' Resolved, That a sum not exceeding thirteen hundred
dollars be allowed and paid out of the treasury of the Com-

Chap. 30

Fence at camp
gi-ouud at Fra-
mingham.

Appropriation
for linapsaclss
for tlie militia.

1878. — Chapters 33, 34.

315

mon wealth, caiid tlie same is hereby appropriated, to be ^™!,'"'^ '"*'' ■"" '
expended under the direction of the quartermaster-general,
with the api)roval of the governor and council, for the
repairs of buildings at the state camp ground at Framing-
ham, and at the arsenal grounds at Cambridg'e.

Approved May 8, 1878.

Resolve in relation to the new state prison at concord. Chap.

Resolved., That there be allowed and paid out of the Appropnation
treasury, and the same is hereby appropriated : — For bed- p°H8ori^at Con-
steads for convicts, a sum not exceeding six thousand ''°'''^-
eight hundred dollars. For the removal of convicts to
Concord, and of the state property, officers' furniture and
other expenses incidental thereto, a sum not exceeding
two thousand dollars. For furnishing/ offices at new
prison, a sum not exceeding fifteen hundred dollars. For
fencing and other incidental improvements for twenty
houses, a sum not exceeding five hundred dollars. For
carpeting warden's and deputy warden's houses, a sum not
exceeding twelve hundred dollars. For building piggery,
coal shed and other needful structures, a sum not exceed-
ing two thousand five hundred dollars. For lumber for
fencing around stable and for other necessary purposes, a
sum not exceeding two thousand five hundred dollars.
For stone for walls and edge stone for walks, a sum not
exceeding one thousand dollars ; said sums to be expended
under the direction of the inspectors of the state prison :
provided., that the amounts herein appropriated shall be
paid from the unexpended balance of the appropriation
for the construction of said prison if any ; otherwise out of
the treasury of the Commonwealth.

Approved May 5, 1878.

Resolve providing for the expense of enforcing the pro- Chan. 34
VISIONS of law in relation to green harbor marsh in
marshfield.

Resolved, That there be allowed and paid out of the Appropriation
treasury a sum not exceeding two thousand dollars, to be Green iiaXr
expended under the direction of the attorney-general, for jpawh in Marsh-
the purpose of enforcing the provisions of chapter three
hundred and three of the acts of the year eighteen hun-
dred and seventy-one, in relation to Green Harbor marsh
in Marshfield, and the same is hereby appropriated ; said
appropriation to be payable upon properly approved vouch-
ers filed with the auditor. Approved May 9, 1878.

316

1878. — Chapters 35, 36, 37, 38.

Treasurer may
torrow money
in anticipation
of the revenue.

Chap. 35 Resolve authorizing the treasurer to borrow money in

ANTICIPATION OF THE REVENUE.

Resolved, That the treasurer and receiver-general be and
he is hereby authorized to borrow, in anticipation of 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 sliall be found
necessary; and that he repay any sums he may borrow
under this resolve, as soon as money sufficient for the pur-
pose and not otherwise appropriated, shall be received
into the treasury. Approved May 11, 1878.

Chap. 36 Resolve concerning the old state prison buildings and

LAND.

Old state prison ResolvecL That the governor and council are herebv au-

Duudings in I'li • c ^ ^^ • tm't

charge of gover- thorized to take possession oi the old state prison buildings
nor am counci . ^^^^ land at Chaiiestowii, as soon as vacated for prison pur-
poses, and all other land, flats and buildings connected
therewith belonging to the Commonwealth, and to make
such disposition of the same by lease, sale or otherwise as
they may deem for the best interest of the Commonwealth.

Approved May 15, 1878.

{Jhap. 37 Resolve authorizing the printing and distribution of ad-
ditional copies of the report of the secretary of the
board of agriculture.

Resolved, That there be stereotyped and printed an addi-
tional number, not exceeding two thousand copies, of the
last annual report of the secretary of the board of agricul-
ture, to be distributed equally among the members of the
present legislature, without charge ; and that the expense
thereof be paid out of the treasury of the Commonwealth.

Approved May 16, 1878.

Resolve providing for the payment of expenses incurred
in connection with certain lands in the town of mash-
pee.

Appropriation Resolvcd, That there be allowed and paid from the treas-

for cominission- p i /-, i i i • ^

ors for partition uiy 01 the Coiiimon wcaltli, to the parties whose names are
pee. ^ "** hereunto attached, the same to be in full for all services
and expenses as commissioners appointed under authority
of chapter two hundred and ninety-three of the acts of the
year eighteen hundred and seventy, relating to the parti-
tion of and sale of certain lands in the town of Mashpee, a

Report of the
secretary of
board of agri-
culture.

Chap. 38

1878. — Chapters 39, 40.

sum not exceeding fifteen thousand six hundred eighty-
five dollars and ninety cents, in full therefor; and the same
is herehy appropriated in manner following, viz. : — To
"Wendell 11. Cobb, for services and expenses as commis-
sioner, seventeen hundred seventy-eight dollars, fifty cents :
To Cyrus Cahoon, for services, expenses and horse hire as
commissioner, eight thousand three hundred thirty-seven
dollars, fifteen cents : To Asa E. Lovell, for services and
expenses as commissioner, five thousand five hundred
seventy dollars, twenty-five cents.

Approved May 16, 1878.

317

Resolves authorizing the revision and correction of the Chap. 39

LIST of MASSACHUSETTS SOLDIERS WHO SERVED IN THE WAR
OF THE REBELLION.

Resolved., That the adjutant-general be authorized to Lists of soldiers
revise and correct the list of Massachusetts officers and a?ranged'aipha-
soldiers, the publication of which was authorized by chap- ^eucaiiy.
ter ninety-eight of the Resolves of eighteen hundred and
sixty-six, and to arrange the same alphabetically, giving
the name of each officer and soldier, with the company and
regiment to which he belonged : provided, that no author-
ity is hereby given to cause said list or any part thereof to
be printed.

Resolved, That the adjutant-general be instructed to Errors to be cor-
correct all important errors in the Record of Massachusetts '''^'"*^ "
Volunteers, prepared by order of the general court of the
year eighteen hundred and sixty-six, and to cause to be
printed five thousand copies of sheets containing such cor-
rections, in a form suitable for insertion in the volumes of
records heretofore published, and to send one copy of said Distribution,
sheet to each city, town and public library, in the Common-
wealth, and to each person to whom the volumes were
originally distributed, or who is known to have a copy in
his possession, with the request that the same be inserted
in said volumes of records. The surplus of said sheets re-
maining after the distribution above provided for, shall be
kept in the adjutant-general's office for the gratuitous de-
livery of one copy to any person possessing a copy of said
volumes who may apply for the same.

Approved May 16, 1878.

Resolve relative to the distribution of certain reports. Chap. 40

Resolved, That of the copies of the reports which by Distribution of
section five of chapter two hundred and forty-eight of certain reports.

318

1878. — Chapters 41, 42.

the acts of the year eighteen hundred and seventy-seven
are to be printed and sold under the direction of the
secretar}'- of the Commonwealth, there be distributed
equally among the members of the present legislature, for
the use of their constituents, fourteen hundred copies of
the report of the board of health, eight hundred and
forty copies of the report of the bureau of statistics of
labor, eight hundred and forty copies of the adjutant-gen-
eral's report, fourteen hundred copies each of the reports
on fire and life insurance, and fourteen hundred copies of
the " Blue Book " for eighteen hundred and seventy-eight.

Approved May 16, 1878.

Chap. 41 Resolve authorizing the issue of arms to tufts college.

Arms maybe is- Hesolved, That thc govcmor be and he is hereby author-
CoHege. " ^ izcd to issuc to the president and trustees of Tufts Col-
lege, such arms and accoutrements for the use of the col-
lege, as in his judgment may be so distributed without
detriment to the militia service, and without expense to
the state : provided, that the corporation shall be lield re-
sponsible for the return of said arms and accoutrements,
in good order and condition, whenever the governor shall
so direct. Approved May 16, 1878.

Chap. 42

Appropriation
for lunatic hos-
pital at Danvers,

Resolve in favor of the state lunatic hospital at dan-

VERS.

Resolved, That there be allowed and paid out of the
treasury of the Commonwealth, to be expended under the
direction of the trustees of the state lunatic hospital at
Danvers, a sum not exceeding nine thousand dollars, for
expenses already incurred on said hospital buildings and
grounds : a sum not exceeding five thousand dollars, to be
expended for painting and pointing buildings; a sum not
exceeding twenty-five hundred dollars, to be expended for
piggery and corn barn; a sum not exceeding five hundred
dollars, to be expended for drain tile for sewerage ; and a
sum not exceeding three thousand dollars, to be expended
for other necessary repairs on said buildings or in aid of
the above specified improvements and repairs, and for no
other purpose : provided, that the amounts herein appro-
priated shall be paid from any unexpended balances of the
appropriations for construction or furnishing, if any such
balances exist; otherwise from the treasury of the Com-
monwealth. Approved May 17, 1878.

1878. — Chapters 43, U, 45, 46, 47.

319

Chaj). 43

Enlargement of
the State House.

Chap. 44

Regulations for
tlie Volunteer
Militia to be
printed.

Resolve i\ relation' to improvements and repairs of the

STATE house.

Resolved, That the governor and council be requested
to examine the subject of additional accommodations for
state commissions and for committees of the legislature, by
an enlargement of or addition to the state house, or other-
wise ; and to present their views and recommendations to
the next general court. Approved May 17, 1878.

Resolve relative to the printing and issue of the code

OP regulations for the MASSACHUSETTS VOLUNTEER MILITIA.

Resolved, That the state printers be authorized to print
and furnish to the adjutant- general, for issue to the militia
of the Commonwealth, one thousand copies of the code of
regvdations for the Massachusetts volunteer militia, re-
cently completed by the board of military officers ap-
pointed for that purpose in the year one thousand eight
hundred and seventy-six. And the state printers are au-
thorized in behalf of the Commonwealth to copyright said
code of regulations, to stereotype the same, and to furnish
from time to time, such additional copies to the public as
may be required, at the actual cost thereof.

Approved May 17, 1878.

Resolve in favor of charles fisher of westport.

Resolved, That there be allowed and paid out of the
treasury of the Commonwealth, to Charles Fisher of West-
port, the sum of one hundred ninety-seven dollars and
forty-one cents, for compensation as a member of the
house of representatives from the beginning of the pres-
ent session to the eleventh day of February.

Approved May 17, 1878.

Resolve providing for repairs on the state house. Chap. 46

Resolved, That there be allowed and paid out of the Repairs and im-
treasury, a sum not exceeding twenty-five hundred dollars, slate' Sousl.'**
for repairs and improvements on the state house, to be
expended by the sergeant-at-arms, under the direction and
with the approval of the commissioners on the state house,
and the same is hereby appropriated.

Approved May 17, 1878.

Resolve relative to the claim of amaziah mayo and george Chap. 47
G. baker, for the construction of the reformatory prison

FOR WOMEN AT SHERBORN.

Resolved, That all matters of dispute between the Com- ciaims to be
mon wealth and Amaziah Mayo and George G. Baker, con- bitration? ^ ^^'

Chap. 45

Allowance to
Charles Fisher
of Westport.

320 1878. — Chapter 48.

tractors, relative to building the reformatory prison for
women at Sherborn, be referred to three arbitrators, to be
mutually agreed upon by the governor and council and
said Mayo and Baker, and the unanimous decision of
said arbitrators shall be final. The compensation of said
arbitrators, together with the other necessary costs and
expenses of said reference except counsel fees, shall be
paid by the Commonwealth or by said contractors, or by
both said parties, in such manner and projjortion as said
arbitrators shall decide just and equitable ; and the gov-
ernor may draw his warrants for the amount, if any, found
due to said contractors, and for the amount, if any, to be
paid by the Commonwealth, subject to the approval of the
governor and council, as costs and expenses under the
decision of said arbitrators ; and such amounts are hereby
appropriated to be paid from the treasury.

Approved May 17 ^ 1878.

Chap. 48 Resolve in favor of thomas cahill.

^iio^ance of Mesolved, That the sum of one thousand dollars be allowed

as Cahill. to Thomas Cahill, to defray the expense of his return to

Ireland, and to reimburse him for expenses incurred by
him and in his behalf, and the same is hereby appropriated ;
said sum to be placed in the hands, and at the disposal of
the governor, to be by him paid to said Cahill, in such
manner as in his judgment will best secure to said Cahill
the full benefit of the money. Apjyroved May 17, 1878.

The General Court of 1878, during its annual session, passed two
hundred and eighty-four Acts and forty-eight Resolves, aU of which
received the approval of His Excellency the Governor.

The General Court of 1878 was prorogued on Friday, May 17, the
session having occupied one hundred and thirty-six days.

[The Resolve providing for an Amendment to the Constitution to
permit the division of to\\ais into Election Districts, which was agreed
to by the General Court of the year 1877, in the manner provided by
the Constitution, was not agreed to by the General Court of 1878.]

Governor's Address. 321

INAUGURAL ADDRESS

HIS EXCELLENCY ALEXANDER H. RICE.

At twelve and a half o'clock on Thursday, the thh'd day
of January, His Excellency the Governor, accompanied by
His Honor the Lieutenant-Governor, the members of the
Executive Council, and officers of the civil and military
departments of the government, attended by a joint com-
mittee of the two houses, met the Senate and House of
Representatives, in Convention, and delivered the follow-
ing—

ADDRESS.

Gentlemen of the Senate

and of the House of Representatives.

With profound gratitude to the Father of nations and
of men for the benefactions of the year just closed, and in
the hope of His continued loving-kindness to our beloved
Commonwealth, I give yoii a cordial greeting to the duties
and responsibilities on her behalf which have called us
together to-day.

A survey of her outward relations and of her internal
condition exhibits the same inflexible devotion to the car-
dinal doctrines of freedom and justice, the same energy,
honesty, and enterprise of her people, and the same loyalty
to the highest interests of the nation and of mankind,
which have thrown the lustre of a great renown around
the name of Massachusetts in every period of her history.

A republican form of government returns, at short inter-
vals, to the popular suffrage all the authority which its
officers and representatives hold for making and executing
its laws; and the decision of that tribunal is generally

322 Governor's Address.

received as the current test of the public judgment upon
the merits of ever}^ administration. If those of us who
have already been honored with these great trusts have
merited the approval which the recent election indicated,
we shall also unite in grateful acknowledgment to the peo-
ple of the Commonwealth for this generous testimony, and
find in it new incentives to a vigorous, honest, and patri-
otic devotion to the duties and interests renewedly com-
mitted to our care.

While it may not be disputed that both the theory of
our government and the purity of its administration require
the frequent return to the popular suffrage of the authority
thus delegated to the executive and legislative depart-
ments, it may be equally consistent with the public safety
that the measure of this frequency shall depend somewhat
upon the character of the population, the maturity of civi-
lization in a State, and upon considerations of public con-
venience and economy. With a present population of more
than sixteen hundred thousand people in Massachusetts,
largely inheriting the principles and traditions of intelli-
gent and virtuous ancestry, with the institutions of the
State well established, its civil policy substantially settled,
and its laws matured and tested through the experience of
more than two centuries, it may be woithy of consideration
whether a constitutional amendment to prolong the tenure
of the executive and legislative offices of the government
is not now expedient, and likely to be highly beneficial.

It is impossible, and would under any circumstances be
undesirable, that the election of the principal officers in
the government of any State should fail to create more or
less popular excitement; but it must also draw large
classes for a time away from the common pursuits of life,
incur expense of time and money, and, by too frequent
recurrence, throw into the whole matter of government
the association of chances and instability. It may also be
feared that measures of public policy wisely determined,
but difficult of immediate comprehension by the people at
large, are sometimes submitted to popular approval before
they have been either intelligently understood, or their
merits practically tested. A prolongation of the term of
office would help largely to overcome the evils arising from
haste and inexperience in public affairs, and would bring
us into conformity, in this particular, with other populous
States whose laws and practice have seemed to justify such
a tenure. In recommending for your consideration the
necessary provision for a tenure of two and three years for

Governor's Address. 323

the House of Representatives and the Senate respectively,
and of three or four for the Executive of the Common-
wealth, I do so with the greater freedom, because of my
own final retirement from this office at the close of the
present year.

I am disposed to g'o even farther, and to recommend
that there shall be only biennial sessions of the legislature,
and to advocate a corresponding increase in the tenure of
office for the members of the respective branches. Such a
change would not only secure still greater economic advan-
tage, but would, I believe, prevent much of the evil of
special and temporary legislation, and strongly tend to
embody all needful enactments in general laws, which
would be better obeyed because they would be better un-
derstood, and to which all the purposes and interests of
the people would conform with greater assurance of
stability.

FINANCES.

The credit of the State still maintains, through all the
vicissitudes and fluctuations of currency and trade, the
unshaken confldence of capitalists throughout the world ;
and although the present condition of our finances fullj^
warrants the belief, that, with wise and economic legisla-
tion, the prosperity and welfare of our peojole will be main-
tained without onerous pecuniary burdens, yet injudicious
and unnecessary expenditure, and consequent increase of
public indebtedness, are matters to be carefully avoided.

The State has now no temporary loans to provide for ;
nor has it au}^ funded liabilities for whose liquidation sink-
ing-funds have not been established. These funds, with
their accumulations from investment, and from resources
set apart for their endowment, have been deemed ample
for the retirement of the whole present debt at maturity,
no important instalment of which falls due prior to 1883,
and none between that and the year 1888.

The only contingency liable to impair the basis of liqui-
dation, as computed and graded in the establishment of
the several sinking-funds, will accrue mainly, if at all, from
the compulsory loan or investment of unfunded accumula-
tions at lower rates of interest. But it is hoped that any
deficit likely to arise from this cause will be substantially
overcome by income from other sources.

The sinking-funds as they now stand, with their present
rate of increase from interest alone, will pay every instal-
ment of the funded debt maturing prior to 1895, with the '

324 Governor's Address.

exception of a comparatively small portion of the amount
then due. In this estimate, no account is made of contri-
butions from sales of public lands, or from other resources
assigned by law for this purpose ; but it is assumed that
the surplus of any fund may be transferred by legislative
sanction to meet any deficit in others.

The total debt of the State, for which its bonds or cer-
tificates of indebtedness are outstanding, is shown in the
following exhibit : —

Amount Jan. 1, 1877 $33,550,464 00

ADDITIONS DURING THE YEAR.

Troy and Greenfield Railroad Loan . $370,000 00
Danvers Hospital Loan . . . 150,000 00

520,000 00

Total $34,070,464 00

MATURED AND PAID.

Norwich & Worcester Railroad Loan . $400,000 00
Union Fund Loan of 1862 . . . 400,000 00
Northampton Lunatic Hospital Loan . 50,000 00

850,000 00

Amount outstanding Jan. 1, 1878 . . . $33,220,464 00

PRESENT CLASSIFICATION.

Railroad Loans .... $17,738,996 00

War Loans 10,668,188 00

Ordinary Loans .... 4,813,280 00

5,220,464 00

Showing a reduction in 1877 of . . . . 330,000 00

Of the loans retired during the past year, the Norwich
and Worcester Railroad Loan covered the original amount
issued in aid of that corporation in 1837, and renewed in
1857 ; and that paid on account of the Northampton Luna-
tic Hospital was the last instalment of the loan negotiated
in 1857 for the establishment of that institution.

The balance of the Union Fund Loan of 1862, amounting
to #200,000, will mature the present year, and be paid
from its own sinking-fund. No other instalment of the
existing debt will mature till 1880, when about an equal
amount will fall due.

The continued and substantial reduction in the expen-
ditures of the State furnishes gratifying evidence of increas-

Governor's Address. '525

ing economy in legislative and departmental administra-
tion. The ordinary expenses of the government for the
year 1877, as far as ascertained from actual payment and
careful estimate, indicate a decrease of $100,000 from 1876,
and an aggregate reduction of $200,000 since 1875, The
exceptional expenditures exhibit a very much larger reduc-
tion during the two years referred to ; while the aggregate
decrease in both classifications will be nearly 1)1,000,000.

The estimated expenses for 1878 show a still further
reduction ; although the appro})riations called for are, in
some instances, in excess of those granted in 1877. It is
believed, however, that the estimated decrease will be
successfully realized, unless overcome by special legislative
grants.

The following estimates are made for the current
year : —

Payments from revenue, ordinary and exceptional . $4, 543, 000 00
Ordinary revenue of the year, including revenue cash

on hand ^4,120,695 00

As these estimates are necessarily predicated upon the
receipts and expenditures accruing and authorized under
existing laws, they will, of course, be changed by any new
or special legislation. But in order to meet the probable
deficit as thereby indicated, and supply the wants of the
treasury in anticipation of the revenues of 1879, a State
tax of 8^,000,000 will be required. The amount here
stated will be a reduction of 1500,000 from the tax of 1877,
and an aggregate reduction of 11,000,000 since the year
1875.

The results set forth in this exhibit can scarcely fail to
inspire satisfaction and encouragement in the present and
prospective monetary interests of the Commonwealth.
With the steady reduction of the public debt and expendi-
ture, with the growing tendency to economy and retrench-
ment, with an unimpaired credit at home and abroad, and
an effectual provision for the payment of outstanding in-
debtedness without resort to taxation, no pecuniary embar-
rassment on account of the public service can possibly be-
come oppressive to the people.

VALUATION.

From the statements of local assessors upon the valua-
tion of the real and personal property in the several cities

326 Governor's Address.

and towns of the Commonwealth, returned to the office
of the Secretary of State, it appears that the decline Avhich
began at the close of the year 1875, and which amounted
to nearly 871,000,000 in 1876, has, contrary to expecta-
tion, continued to increase, and for the year 1877 amounts
to no less than $101,082,773 ; making a total reduction, in
these two years, of 1172,245,919.

It may be remembered that the statement presented last
year showed an increase in the value of the same species
of property in the year 1872, amounting to 199,921,711 ;
and the inflated valuations of the three following years
swelled this amount to the large sum of $344,054,443 for
the four years from 1872 to 1875 inclusive. It therefore
appears that the reductions of the last two years amount
to but about one-half the sum of the increase of the pre-
ceding four years, leaving the present valuation $172,028,-
529 above what it was in 1871.

The following table exhibits these results : —

1872, Eeal and personal property, gain . . . $199,921,711

1873, Real and personal property, gain . . . 66,830,021

1874, Real and personal property, gain . . . 68,171,175

1875, Real and personal property, gain . . . 9,131,541

Gain . . . $344,054,448

1876, Do. do. loss . . . $70,943,146

1877, Do. do. loss . . . 101,082,773

172,025,919

Present valuation above that of 1871 . . . SI 72, 028, 529

Of the reduction of last year, $70,643,098 was upon
real estate, and $30,439,675 on personal ; and, of the total
decline, $88,291,557 was in the cities (upwards of $60,000,-
000 being in Boston). Only three cities showed an in-
crease of valuation: namely, Haverhill, $18,716 ; Glouces-
ter, $234,654 ; and Lowell, $9,268.

Whether there shall be a further reduction hereafter,
it is impossible to foretell : but with the currenc}^ of the
country now very near to a par value with gold, and with
our industries measurably prosj)erous, and considering the
actual increase of values during the last six years, it is
probable that the future changes will be less rapid and
less important ; and there is also no reason to believe that
our past experience in this particular has been excep-
tional.

Governor's Address. 327

TAXATION.

Ill turning to the tax-levy, we find, that, notwithstand-
ing the reduction of values, there is also a decline in the
taxes imposed, and though not so great in proportion as
during the previous year, still large enough to show
that the tide has turned, and that the people are prac-
tising economy in public expenditures. The total reduc-
tion of the tax-levv within the whole State, in 1876, was
82,939,957 ; and in 1877, 8861,963 : about 8300,000 of the
hitter being attributable to the reduction of the State tax
from the previous year ; namely, from 81,800,000 to 81,-
oOO,000. Ail the counties in the State show a decrease
of taxes, except Barnstable, Bristol, Hampshire, Nan-
tucket, and Plymouth.

The total tax-levy in the nineteen cities of the State
shows a decrease of 8819,304 during the last year. All
the cities reduced their levy, except Haverhill, Salem,
Taunton, Gloucester, New Bedford, and Lowell ; in each
of which there was an increase varying in amount from
84,500 to 859,000.

Fewer towns are said to be borrowing money than
formerly; and there seems to be a healthy purpose abroad
to scrutinize the character of municipal expenditures. Be-
sides the above-named six cities which increased their
taxes, a hundred and forty-three towns followed their
example.

SAVIXGS-BANKS.

The whole number of depositors in the savings institu-
tions of the Commonwealth, on the 31st of October last,
was 739,757, an increase of 486 for the year ; while the
total amount of deposits is 8244,596,614.18, being an in-
crease over that of the previous year of 81,255,971.43.

In view of the unsettled financial condition of the
country, the depression of business, and the consequent
lack of emj)loyment, this exhibit may be considered satis-
factory, as it especially marks the confidence of the pub-
lic generally in these institutions.

The ambition of managers to pay large dividends, and
the eagerness of depositors to receive them, have in a
great degree subsided; and a determination on the part
.of the former to strengthen the institutions, and the con-
tentment of the latter to receive smaller dividends, is. con-
stantly adding to the stability of the banks. While it is
not impossible that some of them may yield to the stress

328 Governor's Address.

of the times, yet, under the increased caution and energy
on the part of managers, and a corresponding confidence
on tlie part of depositors, it is believed that deposits in
savings-banks are likely to pass through the season of
financial change and distrust with as little shrinkage and
loss as any other class of investments will sustain.

INSURANCE.

Owing to the withdrawal of several life-insurance com-
panies, the income of the department in that branch will
be somewhat less than in 1876. In the department of fire-
insurance, there has been no considerable variation in the
receipts.

An unusually active competition now prevails in the
business of fire-insurance, and the premium rates upon
some classes of property are lower than ever before. How
far this great reduction may be justified by the improved
character of risks, and the greater caution of the public
generally, in consequence of the lessons of the great fires
in Chicago and Boston, remains to be determined ; but, if
competition be continued to a point dangerous alike to
insurers and insured, the legislature may be called upon to
consider the expediency of further provisions for the protec-
tion of the public.

The general shrinkage in values of such securities as
are usually sought for permanent investments, particularly
in real estate, has caused much anxiety in regard to the
condition of all trust companies. Especially is this true
in regard to life-insurance companies; and such corpora-
tions have now to bear the odium which has attached to
the business of life-insurance, in consequence of recent
developments of fraud and mismanagement in connection
with some of those institutions. Most of the companies
of this Commonwealth have sustained an excellent reputa-
tion for integrity and security ; but, in order that the pub-
lic might be fully informed as to the effect which the
depreciation of securities has had upon the financial con-
ditions of these corj)orations, the Insurance Commissioner
has, during the past 3'ear, instituted an investigation of
their affairs. Every effort has been made to render the
examinations thorough and complete ; and it is believed
they have been so even to the verge of severity. The
results in the cases of three companies are already before
the public ; and it is gratifying to observe that the confi-

Governor's Address. 329

dence heretofore reposed in these institutions has not been
misplaced.

CONDITION OF MANUFACTURES AND LABOR.

By the results of an in vestigia tion, just closed, under-
taken by the Bureau of Statistics of Labor in cities and
towns producing eighty-six per cent, of the whole products
of the State, we are able to make an excellent comparison
of the condition of our large industries in 1877 with that of
1875.

In all there has been a decrease of an average of about
nine per cent, in the wages paid ; but there has been an
increase of working-time in days. The paper trade shows
an increase of nineteen days over the working-time in
1875; the manufacture of worsted goods, twenty-seven
dsLjs ; and in the manufacture of cordage, cotton goods,
carriages, straw goods, carpetings, and wool hats, an
increase of working-time has been made ; while in boots
and shoes, leather, and agricultural implements, there has
been neither increase nor decrease. In the manufacture
of machinery, whips, musical instruments, and woollen
goods, a slight decrease in working-time is reported.

The great industries of carpetings, paper, woollen goods,
worsted goods, cigars, boots and shoes, cotton goods,
leather, and metallic goods, report an increase in the num-
ber of hands employed, ranging from one to thirty-five per
cent, over the number in 1875 ; while a few of the estab-
lishments report a slight falling-off in the nnmber of per-
sons employed.

On a gold basis, the value of products from the manu-
facture of hats, carpetings, straw goods, cordage, paper,
worsted goods, whips, cigars, boots and shoes, cotton goods,
leather, musical instruments, and metallic goods, has
increased from five per cent, to thirty-six per cent, over the
products of 1875 ; while but few industries show a falling-
off. In nearly all there has been an increase in the quan-
tity of goods made ; but depreciation in prices, in some
instances, places the value of ^products on the minus side
of the account, instead of on the plus side, where they
belong when considered as to quantity.

The results of the investigation lead to belief that there
are no great numbers of mechanics wholly out of employ-
ment, and that our industries are steadily working back to
the condition they were in prior to the panic of 1873.

330 Governor's Address.

INLAND FISHERIES.

The Commissioners of Inland Fisheries state, that, up
to the year 1870, the shad-fisheries of the Connecticut
River had steadily decreased, so that both in Connecticut
and Massachusetts many fishing-grounds were abandoned.
Three years previous to that date, the artificial jiropaga-
tion of shad was begun at Holyoke ; and the State of
Connecticut, in co-operation, forbade the use of fine meshes
on the pounds outside the mouth of the river, thus insur-
ing the escape of the immature fish. This artificial prop-
agation, under such regulations, led to a sudden increase
of these valuable fish in 1870 beyond precedent, and with
great promise of continuance. This increase brought back
the abandoned fisheries, and added new ones ; and the
abundance continued into the year 1875, when it was
destroyed through illegitimate and destructive methods of
fishing which had been permitted gradually to come into
use. The year 1876 showed a large diminution in the
quantity of shad taken ; and the year just closed proved
one of entire failure for shad-fishing in the upper portions
of the river. The Connecticut fisherman are said to have
so used their political power as to have nearly deprived
their commissioners of authority.

Massachusetts has spent large sums of money in the
artificial propagation of shad, in building the great fish-
ways at Holyoke, and in other attempts to improve the
fisheries of the river; wliich appear to have been all in
vain, unless the renewal of co-operation by the authorities
of the State of Connecticut be secured. Whatever con-
tributes to increase the quantity of healthy food,, and to
cheapen its price, is the source both of wealth to a State,
and of thrift and comfort to its people.

The re-appearance of salmon in the Merrimack River
shows the first success in the attempt at the artificial prop-
agation of this description of fish in any of our streams.
In 1872 sixteen thousand artificially hatched salmon were
placed in the upper waters of the Merrimack, and a hun-
dred and eightj^-five thousand in 1873. In May last the
first full-grown salmon ran up the fishway at Lawrence ;
and a regidar run of large fish followed in June and July,
and again in October. These fish ascended as high as the
Pemigewasset River in considerable numbers.

Under an Act of the year 1876 the coast fishermen
have been required to make returns of their catch during
the past two seasons ; and the importance of these statis-

Governor's Address. 331

tics can scarcely be exaggerated. Aftev the comparisons
of a few years have been made, it will doubtless become
possible to intelligently systematize and regulate all local
fisheries, and to substitute a few just and simple laws for
the mass of partial and ill-considered statutes on this sub-
ject which now encumbers our code.

HEALTH, ETC.

The Report of the Board of Health will shoAv that the
year which has just passed has been one of increased good
health. No disease has shown marked prevalence, except
diphtheria, — a disease which has at times been the scourge
of our race for the past three centuries, now prevalent for
the fourth year in our State, and from which it is certain
that the number of deaths will be quite large.

Besides calling the attention of physicians in each of
their last three Reports to the gravity of the disease, and
to the necessity of active measures to resist its spread, the
Board have sent nearly twenty-five hundred circulars on
the subject throughout the State. The importance of the
restriction of the ravages of contagious diseases is so great,
that especial attention has been paid to that matter; and
three elaborate essays in the foi-th coming Report are
devoted to its consideration. Most needful of all are more
accurate registration of vital statistics, a better system of
administration of the laws regarding the public health,
and a more thorough organization of our local Boards of
Health.

It is highly desirable that such Boards should have at
least one physician upon them, and that they should be in
constant and immediate official relation with the State
Board of Health. Without some such measures, it is not
likely that suitable means will be taken to protect the pub-
lic health.

The Board have continued their investigations in the
matter of drainage during this, the third yenT since the
work began. The part of the State examined most care-
fully has been its western portion, composed mostly of
small villages, often on rapid streams, and with consider-
able industrial element. It has been the endeavor of the
Board to present this year a large mass of facts respecting
impure wells ; the supply of pure water, and its purifica-
tion by filtration when necessary ; also respecting drainage,
sewerage, the disposal of sewage, and the pollution of
streams. It is impossible to make one rule apply every-

332 Governor's Address.

where ; and bearirfg all these facts in mind, and with a
desire not to interfere unnecessarily with tlie industries of
the State, the Board have, in accordance with a resolve of
the previous legislature, prepared a draught of an act reg-
ulating, rather than absolutely prohibiting, the pollution
of streams, with some provisions regarding the drainage of
towns and public institutions. I commend this law to
your favorable consideration, with the provisions necessary
to make it effective.

EDUCATION.

Amid the pressing claims for material advancement, the
fostering care of humane and refoi-matory interests, and
efforts to remove all waste and unnecessary burdens from
the public treasury, the people of Massachusetts will never
cease to respond to every wise and proper provision for
keeping in vigorous action the common schools, and for
bringing the means of obtaining a fair education within
reach of the humblest of her children.

The public schools should never be permitted to fall
below the most advanced methods of teaching, on the one
hand ; and, on the other, they should embrace in their
courses of instruction whatever is necessary as a foundation
for success and usefulness in the ordinary pursuits of life,
so that the educational force shall keep pace with the
progress of every other interest. If more extended and
liberal ranges of study be required than formerly, this will,
perhaps, involve larger cost ; but it also indicates the for-
ward movement of society at large. The teacher who
would successfully train his pupils must himself be taught :
and hence the necessity of making suitable provision for
the support of our several normal schools ; and, until some
means of increasing the school fund are devised and
adopted, these and kindred schools must depend, in part,
upon the public treasury.

At the beginning of the last school-year, the Hon. Joseph
White, who for sixteen years had filled the office of Secre-
tary of the Board of Education with diligence and ability,
resigned his office, and was succeeded by Mr. John W.
Dickinson, a practical teacher of great experience, and
possessed of large gifts and accomplishments as a writer
upon and director of educational methods. Under the
efficient administration of his new office, various measures
instituted and vigorously prosecuted during the past year
have awakened a new interest in the public schools among
teachers, school committees, and the people generally.

Governor's Address. 333

Among the new means of stimulating interest in the
schools is the establishment in several connties, to be fol-
lowed in all the others, of quarterly or semi-annual meet-
ings of all the school committees of the county: they have
thus been brought together for mutual conference and in-
struction, and for concerted action, by which more uniform
and better management has been introduced into the
schools of the whole county. When this series of meet-
ings shall have become complete in all the counties, it
must lead to a more thorough and effective system of
school supervision, and can hardly fail to inspire an emu-
lation which will result in the elevation of all our schools,
and a wider appreciation of their real value. General as
that appreciation is sometimes thought to be, the school
statistics show that many thousand children in the State
are not availing themselves of the advantages which the
schools afford. The compulsory law and the laws relating
to habitual truants should be thoroughly enforced by local
authorities, so that every child of school-age, whose physi-
cal constitution will permit, shall be required to attend
school regularly. The necessity for this universal educa-
tion is so often declared, that its recital even has become a
trite saying ; but it is none the less a reality, neither to be
neglected nor trifled with. Our own system of public in-
struction has grown up though many generations who have
enjoyed its privileges, and been trained by its methods;
and it is wise to consider how much easier it is to destroy
than to build up, and how strong is the tendency to decay
in that which is not stimulated to constant activity.

The present amount of the public school fund is . $2,066,866 43

Amount of the income thereof paid to cities and towns

for the year 1876-77 176,320 07

Total amount expended in maintenance of the public

schools, including those in the reformatory and

charitable institutions $.5,582,519 28

Being $18.87 for each child in the State between five and fifteen years

of age.
Whole number of pupils of all ages in all the public

schools during the year ...... 305,776

All the cities and towns of the State have raised by tax-
ation the amount required by law to be raised as the con-
dition for receiving a share of the income of the school
fund.

INDUSTRIAL EDUCATION.

I desire to commend anew to your favorable attention
the subject of Industrial Art Education, feeling that the

334 Governor's Address.

interests of the Commonwealth, in greater variety than
can be easily described, are uiidoubtedl}^ involved therein.
Displaying a degree of inventive talent which places her
in the front rank of States in respect to mechanical pnr-
suits, and exhibiting a measure of commercial enterprise
of corresponding proportions, our State does not jet com-
mand that eminence in the markets of the world which she
is destined hereafter to attain, if efforts in the develop-
ment of her industries be rightly directed. Her manufac-
tures, like those of the country in general, too often bear
marks of foreign imitation, or are the product of foreign
designers in our own mills ; while those of native design
too often bear evidence of undisciplined taste and less per-
fect execution.

Before native talent can fully supply the need in this
respect, there must be a general advance in mechanical
skill and in art-culture. A great poet or scholar is most
likely to be matured in a literary atmosphere ; and in like
manner there must be a general diffusion of artistic prin-
ciples, taste, and practice, before we can hope for that
higher outcrop of ability which shall lead the way to pre-
eminence in manufacturing success. But, apart from the
generation of extraordinary leaders, the whole character
of our industries will shortly feel the influence of this
training in the line of direct and profitable advantage.

The higher advancement of art-education tends to the
multiplication of new forms of industry, to the enlarge-
ment of the fielTl of remunerative labor, and to the increase
of wages ; and thus it benefits alike the capitalists and
the working-classes in a community where it is encour-
aged. I pass by, in this place, the discussion of the moral
aspects of the case, — the elevation of taste and character
which comes from contemplation and association with
what is most perfect and most beautiful ; though that
surel}^ is of no small consideration wliich contributes most
largely to our purest enjoyment, while at the same time
it is made to contribute to our physical comfort and to
the wealth of the community. To secure these results,
the Normal Art School, now an assured success, is dili-
gently working, and sending annuallj' forth teachers whose
influence is already felt, both in the elevation of the public
taste, and in the improved designs and commercial value
of the products of our industries. The Report of the
visitors of this school will give particulars of its labors,
and cannot fail to inspire your confidence in making the
requisite appropriations for its needs.

Governor's Address. 335

The INfassachusetts Institute of Technology, though not
a part of our public-school system, yet lies so nearly in the
plane of industrial as well as of scientific education as to
be among the most deserving of pecuniary assistance,
should the legislature deem it expedient to extend such
assistance anywhere. It is probal)le, that, during your
session, the trustees of the institute will present a memo-
rial setting forth in detail the courses of studies and in-
dustrial training now in progress, and showing their direct
and advantageous bearing upon the welfare of the youth
of the State, and the grounds upon which the}^ ask, and
hope to receive, a moiety of the sum required to sustain
the institute in its present comprehensiveness, and to
increase its vigor. I commend the memorial, when pre-
sented, to your careful and intelligent consideration.

SCHOOL HYGIENE.

The duty of the State to provide for the physical as
well as the mental training of the rising generation is
becoming every year more and more fully recognized.

School-committees and school-teachers are, as a rule,
quite aware of the responsibility which rests upon them,
of seeing not only that the health of the children com-
mitted to their charge suffers no detriment, but that the
whole nature of the pupils, physical as well as mental, is
developed harmoniously.

Unfortunately, however, school-officers, even Avith the
best intentions, often find themselves unable, owing to a
lack of technical and professional knowledge, to accom-
plish all that could be desired in this direction. School-
houses are sometimes erected in unhealthy situations, and
with grave sanitary defects of architecture. Owing to
their own or their parents' unwise ambition, children are
often kept at school when the state of their health de-
mands a period of mental repose. The health of whole
schools is frequently seriously endangered by the presence
of a pupil recently recovered from a contagious disease,
or belonging to a family in which such disease exists.

To meet these and other similar defects in our school-
system, it seems desirable that a law should be enacted,
authorizing, and in large cities requiring, school boards to
appoint a medical officer, whose duty shall be to give
advice as an expert on all questions relating to the sani-
tary condition of the school-houses, or to the health of the
pupils, and to render such services as an inspector and
examiner as would properly devolve upon such an officer.

336 Governor's Address.

CHARITIES AND REFORMS.

The best methods of dealing with pauperism and crime
are among the unsolved problems of civilization, which
can only be settled by the most careful use both of scien-
tific investigation and experience. Whoever has become
familiar with the details of the management of the public
charities and reforms of the State, as embodied in its laws,
institutions, and supervision, will have discovered, that,
since they were originally established, both the extent and
the uses to which they were adapted have so far changed
as to render revision and re-organization expedient, and in
some cases necessary, in order to secure effective and
economical results. With this end in view, the legisla-
ture, in May last, authorized the appointment of a Commis-
sion of three persons " to inquire into the 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, econo-
my, and efficiency in said administration." In view of the
comprehensive scope of the Act, which, in its fulfilment,
would go to the root of the matter, and scrutinize the
laws, institutions, and supervision, it will be regretted that
the Commission was so small in number as to render im-
practicable the distribution of so vast a labor into desira-
ble details. The Report, which will soon be placed before
you, will show the magnitude and necessit}' of the wo'rk
undertaken by the Commission, and the diligence with
which it has been prosecuted.

The Commission will recommend, —

1. That the Boiird of State Charities, the Boards of
Trustees of the several State Lunatic Hospitals, of the
State Reform and the State Industrial Schools, the In-
spectors of the State Almshouse, of the State Woikhouse,
of the State Primary School, and of the State Prison, the
Board of Prison Commissioners, and the various Advisory
Boards of Women, be abolished.

2. That the government of the several lunatic hospitals
be vested in a Board of nine trustees, to be appointed by
the Governor and Council ; the said Board to have full
control of the hospitals, with power to select their officers,
determine all salaries, to transfer from one hospital to
another, and to succeed to the trusts, duties, and liabilities
held or exercised by the present Boards of Trustees of the
hospitals at Worcester, Taunton, Northampton, and Dauvers.

Governor's Address. 337

3. That the government of the State Reform School, of
the State Industrial School, and of the State Primary
School, be vested in a Board of seven trustees, to be ap-
pointed by the Governor and Council for five years (two
for one year, two for two years, one for three years, one
for four years, and one for five years) ; the said Board to
have full control of the schools, to select their oflicers,
determine all salaries, and succeed to the trusts, duties,
and liabilities of the present Boards of Trustees or In-
spectors. Three of these trustees shall be women.

4. That the duties now by law vested in the visiting
agent be vested in the Board of Trustees of the schools ;
and that they shall have the power to select such officers
as may be necessary to comply with the provisions of the
law.

5. That the State Workhouse at Bridge water be abol-
ished, and that the buildings be used as an almshouse for
men ; that all the male paupers at Tewksbury be trans-
ferred to Bridgewater, and that the Almshouse at Tewks-
bury be used entirely for women ; and that the govern-
ment of the two institutions shall be vested in a board of
five inspectors, — two of whom shall be women, and ap-
pointed by the Governor and Council for five years, one
member to retire annually ; that the said Board shall have
full control of these almshouses, select their officers, and
determine all salaries. Also that the court at Tewksbury
be abolished ; and that all cases requiring detention by a
sentence be tried before a regular court, where they may
have the means of a proper defence ; and all cases sen-
teuced shall be sent to the several houses of correction.
All cases heretofore sentenced to the workhouse by regular
courts shall hereafter be sentenced to houses of correction.
Those now in the workhouse, under sentence, to remain
until their terms expire.

6. That the chairmen of the Boards of Trustees for the
Insane, Schools, and Almshouses (as above), shall be a
Board in whom shall be vested the authority, powers, and
duties now vested by law in the general agent of the
Board of State Charities ; the said Board to have the
power to appoint a general agent, and all officers necessary •
to enable them to comply with the law, and to determine

all salaries.

7. That the government of the State Prison be vested
in a Board of three inspectors, to be appointed by the
Governor and Council, with full control, including power
to select their own officers, and to determine all salaries.

338 Governor's Address.

8. That the government of the Reformatory Prison for
Women be vested in a Board of five inspectors, of whom
three shall be women, to be appointed by the Governor and
Council, with full control, including power to select their
own officers, and determine all salaries.

9. That annual appropriations be made from the treasury
of the Commonwealth for the support of all the institutions,
and that all income be paid into the treasury ; and that an
officer be appointed by the Treasurer of the Commonwealth,
whose duty it shall be to act as disbursing officer for the
several institutions, paying all bills and pay-rolls, thus
relieving the superintendents of receiving and paying out
any funds on account of their various institutions.

10. That all the returns now required by law to be
made to the Secretary of the Board of State Charities,
and the returns from city and county prisons now required
by law to be made to the Commissioners of Prisons, be
made to the Secretary of the Commonwealth.

I commend the Report to your candid and careful con-
sideration, in the hope that it may open the way to the
good results for which it is intended.

The several institutions, while varying somewhat in the
merits of their supervision and management, are, on the
whole, in excellent condition ; and the officers in charge of
them, and the supervising Boards, deserve the public con-
fidence. I wish to emphasize this statement for the pur-
pose of allaying a kind of latent distrust, which seems
almost universal when applied to the public institutions,
— that they are conducted with less wisdom, prudence,
and humanity than private establishments of similar char-
acter. This distrust, which is unfounded, greatly impairs
the discipline and usefulness of these institutions : it feeds
the fondness for investigation, so called, and spreads a de-
moralizing influence through the community by sending
out a mass of details, which, either true or false, at best
feeds an idle and morbid curiosity, and disheartens those
who are charged with the responsibilities of managing this
exceedingly difficult labor: moreover, it creates an un-
healthy sympathy with crime and criminals, and needlessly
• and wrongfully injures the fair fame of the Common-

wealth in those particulars wherein its merits and lenown
in the past have been most conspicuous. The supervision
of our public charitable and reformatory institutions is in
the hands of some of the best citizens of the Common-
wealth, whose services are invaluable, and gratuitously
rendered : and no motives are conceivable why they should

Governor's Address. 339

cover up faults of administration ; but, on the other hand,
every instinct of duty and every motive of interest lead
them otherwise. It is becoming more and more difficult
to obtain the services of persons of this character, because
of their reluctance to encounter the probabilities of being
made the objects of censorious criticism and contumely
as the reward of the best devotion they can render to the
institutions and the wards of the State.

The Advisory Board of Women to confer with the In-
spectors of the institutions at Tewksbury, Westborough,
and Monson, was duly appointed in June last, in accord-
ance with the provisions of chap. 195 of the Acts of 1877,
and has been most diligent in its labors. The Reports of
the Trustees of the several public institutions present in
detail their condition and needs, to the recommendations
of which I invite your favorable attention.

NEW HOSPITALS.

The two great insane-hospitals which have been in the
course of construction during the last four years — name-
ly, one at Worcester, and one at Danvers — have been
completed ; and the former is already occupied. These
vast and expensive structures have been the objects of
severe criticism ; but it is claimed that they embody the
highest as well as the latest demands of science and hu-
manity as habitations for the insane. Whatever difference
of opinions may prevail respecting the classification and
treatment of the insane is one to be determined chiefly by
experts ; while those who object to the economic expedi-
ency of establishments of so costly a character will ulti-
mately concur in what they cannot prevent, provided only
that these hospitals shall serve a higher use than others in
the recovery or alleviation of those who suffer the miseries
of this most dreadful of maladies. The buildings are im-
posing in appearance, ample in tlieir accommodations, salu-
brious in location, and appear to have been faithfully and
thoroughly built ; and they no doubt honestly represent tlie
sum of their cost. The total outlay at Worcester for the
construction account has been $1,102,417.44; and the cost
of furnishing, -$26,556.99. The hospital contains about
four hundred patients, most of whom were removed from
the old Worcester-Hospital buildings.

The original purpose of selling the old hospital, and ap-
plying the proceeds of the premises to paying for the new,
has of course been abandoned in conformity with the

340 Governor's Address.

Act of the last legislature (chap. 227 of 1877) which
established " a temporary asylum for the chronic insane at
Worcester, with authority to the trustees to use so much
of the land and buildings of the old hospital as they
should deem necessary for that purpose." It is not in-
tended thus to use the whole of these premises ; and por-
tions have already been sold, and some more will be dis-
posed of as favorable opportunities may offer. The
remainder has been put into proper condition, the build-
ings repaired and purified, and the chronic asylum estab-
lished. Commitments to this asylum are made only by
transfer by the Board of State Charities. About seventy-
five of such cases were left in the asylum w^hen the
Worcester-Hospital inmates were removed to the new loca-
tion ; about two hundred have been received from Taun-
ton ■ Hospital, about fifty from Northampton, and about
sixty from Tewksbury. Excellent results are anticipated
by the improved classification thus effected, and by the
relief afforded to the institutions named, which were
greatly, and in some instances dangerously, overcrowded.

The new hospital at Danvers was substantially completed,
and transferred to its Board of Trustees, on the 1st of Oc-
tober last. In the amplitude of its arrangements and
appointments, it is probably unsurpassed by any similar
hospital in America.

The trustees are devoting themselves with great care
and assiduity to preparing the buildings for occupancy, to
the selection of its officers of administration, the purchase
of furniture and supplies, and to such other duties as are
incident to their office. It is their expectation that the
hospital may be opened for patients on or before the 1st
of April next. The whole cost on construction account
has been $1,423,843.52 ; and the appropriation for furnish-
ing is $50,000.

NEW STATE PRISON.

"The new State Prison at Concord, which has been
under construction since 1875, is far advanced towards
completion. The main group of prison-buildings, or what
might be termed the prison proper, is entirely built, and
a large portion of the interior work is done. The enclos-
ing yard-wall, embracing about twenty acres of ground,
is completed. The workshops, gas house and receiver,
have been constructed ; also ten double houses, providing
twenty tenements for officers' quarters, are built, and near-

Governor's Address. 341

Iv readv for furnishinof. A larfje amount of g^rading' has
also been done ahout the prison-grounds.

Tlie Buildino- Commissioners believe that all the work
will be done, the accounts of the several contractors set-
tled, and every thing coming under their charge com-
pleted, by April next ; so that the property can then be
turned over to the proper authorities for furnishing and
use. They also feel confident that the prison will be com-
pleted within the amount of the appropriations already
made for that purpose.

REFORMATORY PRISON FOR WOMEN.

The Reformatory Prison for Women has been completed
and furnished within the sums heretofore appropriated for
the purpose ; and the prison was established, according to
law, by proclamation on the seventh day of November
.last. The buildings are well arranged and securely built,
and are apparently perfectly adapted to the purpose de-
signed in their erection. The commissioners have given
great care and attention to the interests of the Common-
wealth intrusted to their charge, and are deserving of
commendation for the successful accomplishment of their
labors. Much remains to be done about the prison in the
way of grading and fencing the grounds, providing a
cemetery, &c.

It being the original purpose that this prison should be,
as far as possible, under the direction of women, all the
officers provided by law to be of that sex, and all in which
the sex is left by the law optional, have been filled by
women ; so that the only male officer is the steward and
treasurer. The following are the principal officers of the
prison: Mrs. Eudora C.Atkinson, Supermtendent ; Miss
Eliza M. Mosher, Physician ; Miss Mary Fosdick, Chap-
lain ; Col. John C. Whiton, Treasurer and Steward.

The first prisoners were received on the 7th of Novem-
ber from the House of Correction of Suffolk County.
Other transfers have been made from houses of correction
in other counties, and from the workhouse at Bridgewater,
and direct commitments by the courts. The present
number in the prison is about two hundred and fifty.

So short a time has yet elapsed since the prison was
opened, that no practical results can be reported : but the
prisoners, for the most part, evince appreciation and grati-
tude for the provision made for their physical welfare ;

342 Governor's Address.

and there is good promise that the reforming influences
aimed at will be realized.

The valuation of the prison-property belonging to the
several counties of the State (not including the state pris-
ons) is $3,699,421 ; of which 1522,299 is the assessed value
of the land, $3,086,214 in buildings, and $90,907 the value
of the personal property' used in connection therewith.

The average number of prisoners in the county prisons
for the year (jails and houses of correction) is 2,466, show-
ing a small increase over the year 1876. The expenses
have, nevertheless, been smaller, and the receipts greater ;
so that the balance against the prisons is shown to be
$1,400 less in 1877 than in 1876.

The prisoners sentenced to labor have, for the most
part, been employed ; there being organized labor in every
house of correction in the State, except in the small ones
at Greenfield, Barnstable, and Nantucket. The prices
received for this labor are small ; but employment seems
to be an essential part of the discipline of a prison, and a
necessity to the moral well-being of the prisoners.

STATE DETECTIVE FORCE.

The State Detective force, established by chap. 15 of the
Acts of 1875, proves, upon trial, to be somewhat defective
in organization, and is of more doubtful value and of less
public necessity than was originally anticipated.

The usefulness of any force may be doubted whose ex-
istence relieves the cities and towns of the State from
providing proper police protection in their own precincts,
or which leads either to a conflict of duties or to a division
of responsibility in municipalities which make such pro-
vision. Both of these objections may be made against
the present State Detective organization. Moreover, the
force seems never to have had any clearly-defined duties
or sphere, or mode of action ; but each member has acted
much upon his own discretion, both as to what he shall
do, and as to how he shall do it. Much of the work now
done in the rural counties by these detectives would, it is
believed, be as well or better done by the sheriffs and their
deputies ; and it seems a mistake of policy to withdraw in
any degree, from the sheriffs and deputies in those coun-
ties, their sense of responsibility as the conservators of the
public peace and the pursuers of crime.

The genius of our institutions will be best recognized
by leaving, as far as possible, to local ofiicers the perform-

Governor's Address. 343

ance of all duties which they have been expected to per-
form, and which they are presumed to be capable of per-
forming, and for which they are directly responsible to the
people. The Act provides a fixed salary of twenty-five
hundred dollars per annum for the chief, and twelve hun-
dred dollars for each ordinary member of the force, " to-
gether with their actual and necessary travelling-expenses
when on duty, not exceeding the amounts actually paid
out by them." It has often happened that the duty
alleged to have been performed is of a confidential nature,
unknown — either as to its necessity, prudence, or expe-
diency— to anyone save the officer liimself; and some-
times involves the employment, by subordinate oflicers,
of other persons not known to the force nor to the public,
either in character or name. I know of no instances of
fraudulent' charges for money or services ; but such lati-
tude to the members of any force must be pernicious, and
holds out constant temptation to fraudulent returns of
accounts.

The Executive Department has seldom had occasion to
employ this force ; and, so far as its needs extend, no such
force is necessary : and I recommend that it be abolished,
and that a smaller service, of not more than ten or twelve
officers, be authorized, who shall be under the immediate
direction of the attorney-general and the several district-
attorneys of the Commonwealth ; and that an appropria-
tion not exceeding fifteen thousand dollars be made for
this purpose.

The Report of the Chief Detective is an elaborate and
interesting document, giving a statistical summary of the
labors of the force, showing nine hundred and six arrests
for various offences, and the recovery of stolen property of
the estimated value of $113,689.81.

The growing and every way troublesome subject of
tramps is extensively discussed, and recommendations
made for new laws to suppress the evil resulting there-
from. The estimated number of tramps living in this
State is one thousand, who spend their time in begging,
thieving, and other crimes. The origin of this class of
criminals is attributed to the hangers-on of the army dur-
ing the late war ; since which time it has been constantly
re-enforced by young men of dissolute lives and criminal
tastes, who prefer roving from State to State, instead of
emploj^ment in any honest vocation.

The inspection of factories and public buildings has
been prosecuted successfully and with good results ; while

344 Governor's Address.

increased attention has been given to securing to children
employed at labor the portion of school-privileges which
the laws require. Some suggestions concerning the opera-
tion and the result of the laws regulating the hours of
labor are shown both in the form of aigument, and by
examples which illustrate the relative profits of mills of
the same class, working upon the same kind of goods, in
Massachusetts and adjoining States ; how these laws dis-
criminate against our industries ; together with the opinion
of operatives themselves respecting their choice of places
of employment.

HARBOR COMMISSIONERS.

By the action of the last legislature, the organization of
the Board of Harbor Commissioners was changed from
five to tliree meml)ers ; the powers and duties of the former
Board, with its archives, continuing with the new organi-
zation. This modification has caused no change nor inter-
ruption in the plans and projects matured during eleven
years' experience ; and the Report of the present Board
will, therefore, embrace a statement of the doings of the
entire year.

Time has confirmed the wisdom of the policy, early
adopted in this State, of providing for the improvement of
navigation, the protection of harbors of refuge, and the
establishment of lines defining commercial basins upon
physical and business laws, and of assuming organized
suj)ervision of these great public interests.

Among the special operations of the past year has been
a re-survey of the inner harbor of Boston, for the purpose
of determining the measure of encroachments made upon
its water-spaces, and to re-establish the harbor-lines, some
of which were imperfectly determined, and others had
become obliterated by the loss and change of reference
points.

This work is well advanced, and, the Board are confi-
dent, will be completed at a cost not greater than the five
thousand dollars appropriated for this purpose. Improve-
ments demanded by the convenience of foreign commerce
have been made by using the income of the compensation
fund to remove shoals off East-Boston frontage, but not
within the work undertaken by the United-States Govern-
ment. The material dredged has been added to the filling
of the State flats in charge of the Land Commissioners.
The near completion of the contract for improving twenty-

Governor's Address. 345

five acres of Commonwealth flats is announced. This
maoiiificont work, with its quay-wall thirty-nine feet high
from hiise to coj)ii)o-, with a frontage-depth of twenty-three
feet of water at all times, will rank among- the first enter-
prises of its kind on this side of the Atlantic ; and its pro-
spective value is more and more indicated by the fact that
nearlv all the railroads terminating in Boston are seeking
additional accommodations at tide-water.

LAND COMMISSIONERS.

By chap. 213 of the Acts of 1877, the Board of State
Agents for the Commonwealth's Flats in South Boston
was consolidated with the Board of Commissioners of
Public La-nds, and the new Board was entitled " The
Board of Land Commissioners." This Board entered
upon its duties on the first of July last.

Owing to depression in business and the lack of demand
for them, none of the Back-Bay lands have been offered
for sale during the year. The proceeds of these lands
already sold amount to -13,735,432.17, while the total ex-
penses incident to filling and selling them amount to only
$1,635,832.67 ; so that the amount realized by the Com-
monwealth is about 12,300,000, and the value of the lands
donated for educational and other purposes cannot be less
than $1,000,000. About four hundred thousand feet of
these lots remain unsold. They are all so situated as to be
required when business shall again revive, and they will be
offered for sale when a proper demand for them shall show
itself.

In 1869 and 1873 the Boston and Albany Railroad
Company purchased fifty acres of flats in South Boston,
for which it agreed to pay the sum of $435,600, less cer-
tain allowances as stipulated in their contracts. The Land
Commissioners claim the amount due the Commonwealth
to be $410,000, and the Railroad Company make it only
$330,476. The Commissioners claim that interest should
be paid on the amount due the Commonwealth from Oct.
1, 1876 ; while the Railroad Company offer to pay the
amount named by them on the 1st of April, 1878, without
interest. The Commissioners expect to conclude an agree-
ment as to the items of account to be allowed; but they
have no authority to rebate the interest.

The city of Boston has requested the filling of B or C
Street from First Street to Eastern Avenue, as provided
for in the contract of 1873. Should it be found that the

346 Governor's Address.

work must now be done, an estimate of the cost, and a re-
quest for an appropriation, will be made by the Board.

Certain outstanding rights, more particularly referred to
in the Report of the Commissioners, for which an appro-
priation was made at the last session of the legislature,
still remain unsettled, though all proper effort has been
made to effect settlements. It is possible that further
legislative action may be required.

In the present depressed condition of railroads, it has
been impossible to make any progress towards the comple-
tion of a new railroad to the territory at South Boston ;
and therefore the Commissioners have deferred making a
plan for the use of the property, as contemplated by the
Act of 1875.

railroads.

In my last Annual Address attention was called to the
fact, that, during the year which had then just come to a
close, the building of railroads had, for the first time since
their construction began, practically ceased in Massachu-
setts. The year 1877 brought about no change in this
respect. Since 1835 there have been, on an average, fifty
miles of railroad built each year within the Commonwealth.
In 1873 there were no less than a hundred and thirty miles
built : in 1876 this amount had fallen to twenty miles, and
last 5'ear (1877) it further decreased to seventeen miles.
This is a significant indication both of the cause and the
results of the financial crisis of 1873. There is, perhaps,
no better gauge of the growth or decrease in volume of the
business of a modern community than is furnished by the
receipts of its railroad corporations. These are peculiarly
interesting now, if they give any data upon which a judg-
ment might be formed as to whether the extreme business
depression which has weighed upon the community during
the last four years is drawing to a close. From the returns
of these corporations, which will be laid before you, I find
that the maximum mark of their receipts was reached in
1872-73, when they amounted to a little less than thirty-
four million dollars. They have since, year by year, de-
creased, until, in that which closed on the 30th of Septem-
ber last, they were not quite twenty-nine million dollars.
In the four years they had fallen off within a fraction of
fifteen per cent. It is, however, encouraging to observe
that the process of shrinking gives signs of coming to a
close. During the last year it was but nine hundred thou-
sand dollars as compared with over a million six hundred

Governor's Address. 347

thousand dollars in each of the two years preceding the
last. It is a singular fact, also, that the heaviest shrinkage
seems to have been felt in that portion of tlieir business
which the railroad corporations liave been accustomed to
consider the least liable to it, — namely, the local passen-
ger-business, — a striking indication of the effects of long
business-depression.

During the month of July last, the country was, for a
period of nearly two weeks, thrown into a state of utter
confusion b}^ reason of difficulties between railroad corpo-
rations and their employes. These disorders, I am happy
to sa}', did not extend to Massachusetts ; and the interests
of our people were only indirectly affected by them.
Meanwhile, except in the case of United-States mails, the
laws generally in force to protect railroads from obstruction
were found to be quite inadequate. It is matter for con-
sideration, whether, under these circumstances, it would
now be advisable to revise these laws so far as Massachu-
setts is concerned. This subject, I am given to understand,
will be discussed at length in the Report of the Railroad
Commissioners, soon to be submitted.

TROY AND GREENFIELD RAILROAD.

The large property interest which the Commonwealth
has invested in the Troy and Greenfield Railroad and
Hoosac Tunnel renders it a subject of prime solicitude.
On three former occasions I have had the honor to present
to the legislature the views respecting the general policy
which I believed to be essential to the ultimate develop-
ment of this property, so as to secure the commercial ad-
vantages which could alone justify its construction ; and
these views have seemed to me equally essential in order
to secure to the towns and cities along the line of this
road, and its eastern and western connections, such influx
of life, and volume of business, as should bring them into
nearer equality, in facilities of intercourse and transporta-
tion with the whole continent, to those enjoyed by their
neighbors on the parallel line of the Boston and Albany
Railroad.

It does not seem to me practicable, in the present state
of things, for the Commonwealth to initiate any new policy
in regard to the Tunnel enterprise. Its property is a sec-
tion of inland railroad, forming, it is true, a section of a
trunk line composed of different corporations, and with
indefinite western connections, which divide with it the

348 Governor's Address.

volume of eastward-bound freight from the great States of
the West. It does not appear possible at present to make a
permanent connection with any new line west of the Hud-
son River without an outlay of new capital, which the
people of the Commonwealth neither desire nor would
justify. Enterprises appear to be developing which will
ultimately, and that very soon, utilize the State property
under consideration, in a degree somewhat commensurate
with the original expectation ; and, in the absence of an
aggressive policy which is practicable, it seems the part of
wisdom and of necessity to wait for a while the approach
of such connections as shall present the greatest advan-
tages of strength and enterprise. I cannot but repeat my
previously expressed conviction of the expediency of sep-
arating the treasury of this railroad from the treasury of
the Commonwealth, and of relieving the Executive De-
partment of the Government of its supervision, by placing
the road under corporate management familiar with rail-
road business, and competent to insure proper connections
b}'" negotiation when opportunity shall oifer.

Two points only upon this road remain uncompleted ;
namely, the station-accommodations at Greenfield and at
North Adams : some further legislation may be required
in order to secure union stations at these points, in combi-
nation with the Connecticut-river Railroad at Greenfield,
and with the Pittsfield and North Adams Railroad at
Adams. Under the provisions of sects. 6 and 8 of chap.
249 of the Acts of 1877, authority was given for the com-
pletion of the road accommodations at these points, in
combination with the roads referred to ; but no power was
granted to enforce action on their part, and no agreement
mutually acceptable has yet been made. It seems greatly
to the public advantage that joint accommodations should
be established for the use of these lines ; and this arrange-
ment is also desired by those doing business over these
roads.

It would seem to be proper that a time limited shall be
determined upon, within which all claims for damages on
account of land taken, rights of way, or crossings on the
line of the Troy and Greenfield Railroad, shall be pre-
sented. So many years have elapsed since the commence-
ment of this work, and its construction has been super-
vised bj'" so many different agents, that it will be difficult
in the future for those unfamiliar with the facts in each
case to decide between just and unjust claims which may
be hereafter presented. Cases of this kind have already

Governor's Address. 349

arisen ; and a limit of time should be fixed for the adjust-
ment of such demands, either by agreement with repre-
sentatives of the State, or by reference to the county com-
missioners. I would also respectfully recommend that
the location of the Troy and Greenfield Railroad, as filed
in the oflices of the counties through which the road is
located, be ratified and confirmed by the legislature.

A case of accident to one of the employes of the Fitch-
burg Railroad, while passing over the Troy and Greenfield
Railroad^ renders it expedient to call your special atten-
tion to the provisions of chap. 77 of the Acts of 1875 re-
specting liability for accidents occurring upon the latter
road. It is thought by high legal authority that such a
construction may be given to this statute as shall subject
the manager of the road to liability within the sphere of
his action, co-extensive with that of railroads in general,
" for all damages sustained by any person or persons, re-
coverable by law," without any adequate means of reim-
bursing himself. If this be so, the law should be changed,
so that the manager, though nominally the defendant,
should not be liable in person and property for damages,
but that the same should be paid out of the earnings of
the road in his hands, under some plan insuring to all
judgments recovered in a given year an equal application
in payment of the earnings of the road for that year.

The Act referred to also seems to be defective in not
providing for the liability of any connecting railroad, en-
tering upon and using this railroad and tunnel with its
own motive-poAver, for all damages, recoverable by law,
sustained by any person or persons, arising from negligence
in not providing suitable cars, engines, and other equip-
ment ; or in running their trains in an improper manner ;
or in the negligent use of switches and other instrumen-
talities. This statute ought also to provide that any such
connecting railroad, using this railroad and tunnel, should
be liable in damages to the State for any injury to said
railroad and tunnel arising from the negligence of such
connecting road in running its trains improperly ; or in
providing insufficient cars, engines, and other equipment ;
or in employing careless and unskilful hands. The neces-
sity for these and other changes in this statute will become
more apparent under fuller examination. During the past
year the road has been put in thorough order ; slopes have
been taken down, the track raised and graded from Green-
field to Buckland, and the ditches cleared. The station,
engine-house, and freight-house at Shelburne Falls have

350 Governor's Address.

been moved, and put in thorough repair, together with
adequate platforms, water-tanks, and other necessary fix-
tures. The fa^-ade at the east portal of the Hoosac Tun-
nel, and the stone arch at the west portal of the little
tunnel, as well as the brick arching, have been completed
in a neat and substantial manner, and at a cost within the
sums appropriated.

The method of collecting tolls has been changed, since
July last, from a fixed rate per ton to a percentage of two-
thirds of the gross receipts ; thus allowing a flexible in-
stead of a fixed rate.

The manager's statement of the receipts and expenses
of the first three months under this change — namely,
from July 1 to Oct. 1, 1877 — shows gross receipts as fol-
lows; viz., —

From Fitchburg Railroad $36,353 80

From Troy and Boston Railroad 8,84:6 15

$45,199 95
The expenses in the same period were .... 16,485 26

Leaving the net receipts for three months of 1877 . $28,714 69
Net receipts for tlie same months, 1876 . . . 7,296 50

Gain in three months of 1877 over the same in 1876 . $21,418 19

Total net receipts for nine months, from Jan. 1 to Oct.

1, 1877, are as follows $63,966 47

Total net receipts from Jan. 1 to Oct. 1, 1876 . . 28,394 36

Gain in nine months over last year .... $35,572 11

NEW-YORK AND NEW-ENGLAND RAILROAD.

The State lias also an investment of 13,600,000 in the
New-York and New-England Railroad, in respect to which
property, and recommendations for the protection of the
interest of the Commonwealth therein, a report may be
expected from a committee appointed by the last legisla-
ture to make the requisite investigation.

MILITIA.

The volunteer militia of the Commonwealth is composed
of 3,775 enlisted men, and 373 commissioned officers ;
making a total of 4,148 men in the force. The sixty-one
infantry companies contain each 48 men, the three cavalry

Governor's Address. 351

companios each 81 men, and tlie tln-ee artillery companies
each 80 men. The two corps of cadets contain 272 men;
and there are 92 non-commissioned staff-officers. , It is the
nearl}- universal opinion, that the comjDanies are too small
in number of men. It is generally the case, that a portion
of the men cannot attend to all the duties required by
law ; and consequently the number who can be relied
upon is too small for the best welfare of the service. I do
not, however, deem any change in the organization at pres-
ent expedient, as other alterations are likely to become
necessary after a little longer test of the present law, and
frequent changes of organization are not desirable. Un-
der provisions of chap. 118 of the Acts of 1877, one com-
pany of infantry was organized, mustered into service, and
attached to the first brigade, and made its first parade on
the 26th, of June last, at the reception of the President of
the United States in Boston. This company had received
their uniforms and arms but a few days previous ; but
they made a most creditable appearance as an organiza-
tion. A magazine for the safe keeping of artillery and
small-arm ammunition was constructed early last season at
the State camp-ground, and also a wooden building for
storage of property of the militia. An inexpensive struc-
ture for the shelter of horses at the annual encampments is
very desirable. The risk attending the exposure of horses
at such times renders it difficult to obtain a class of ani-
mals suited to the best service, and involves expenditures
by officers which they should not be required to make
from their own funds on behalf of the public service.

The condition of the public property in use by the mili-
tia is generally fair, as shown by the reports of the in-
spector-general. A thorough inspection of every armory
in the State is now in progress, and they are generally
found to be in good condition and well located; and the
rentals will be adjusted to the times.

Under orders of the commander-in-chief, an officer of
the adjutant-general's department was sent to Washington,
with vouchers, for the purpose of settling an outstanding
account for arms furnished the State for the suppression of
the Rebellion. This visit resulted in securing to the credit
of the Commonwealth the sum of ^25,210, which was
immediately available under the Act of Congress of April
23, 1808 ; and requisitions were made for new Springfield
breech-loading rifles, of which a sufficient number have
been received to supplj^ all infantry organizations in the

352 GovER^■oR's Address.

State, thereby displacing the Peabody rifles, which were
returned to the arsenal, and put in good order.

A disastrous fire in Marblehead, on the 25th, of June last,
consumed the armory of Company C, Eighth Regiment ;
during which conflagration Capt. Charles O. Hare and his
men, by great effort and perseverance, saved a large portion
of the public property in their charge ; but the private .
property of the company, valued at eight hundred dollars,
was, with the exception of its records, entirely destroyed.
The selectmen of Marblehead called upon Capt. Hare and
his company to assist in preserving peace and good order ;
and, by proper distribution of his men, confidence was
established, and much propert}^ was saved. No compen-
sation has been made to this company for fire-duty, as
selectmen are not authorized to call out the militia ; but I
recommend that the amount be appropriated for its benefit
which would have been due had the company been ordered
out in the manner provided by law.

There were present at elementary drills 1,297 officers
and men; at camp, 3,417 officers and men.

The entire militia voluntarily paraded in Boston on the
26th, of June, at the reception of the President of the
United States, and were reviewed by him, receiving his high
commendation and the praise of distinguished military men
of his suite. This voluntary parade was repeated on the
17th of September, on occasion of the dedication of the
Army and Navy Monument erected by the city of Boston.
For these voluntary and most creditable parades I desire to
return to the officers and men of the militia my cordial
thanks ; and, in so doing, I am quite sure that I but express
the general sentiment of the people of the Commonwealth,
who were interested in the two memorable occasions upon
which the parades were made.

The enrolled militia for 1877 numbers 217,239 ; an in-
crease of 1,130 over that of 1876. The number of names
now borne on the lists of the volunteer militia is as follows :
commissioned officers, 353 ; enlisted men, 3,481, — a total
of 3,834.

The board of officers appointed in December, 1876, to
prepare a code of regulations for the militia, has actively
prosecuted its labors; and the result will be a most com-
plete and valuable volume, of the greatest assistance in
governing the militia.

The provisions of chap. 320, Acts of 1874, relating to
the apportionment of the militia, taken in connection with
subsequent Act, chap. 204, of 1876, appear to be in conflict

Governor's Address. 353

with each other as to the manner of distributing the force,
and, if continued without cliange, will render the execution
of the law difficult, if not impossible. The first Act men-
tioned requires the volunteer militia to be apportioned
among the several counties according to population, and
gives the commander-in-chief power to "disband any com-
pany or companies now organized, whenever, in his judg-
ment, it shall be necessary or expedient in order to give to
each count}- its just proportion of the organized militia "
(sect. 14).

By chap. 204, Acts of 1876, the number of companies
was required to be reduced, after inspection, by the dis-
bandment of such as shall be lowest in order of inspection.
In the language of the Act (sect. 6), the inspection was to
be "with relation to numbers, discipline, drill, records,
condition of public property in possession, and any other
matters affecting the character and efficiency of the organ-
ization." The same Act further requires that the com-
mander-in-chief shall, from time to time, disband any
company or companies which are reported by the inspector-
general to be below the standard of efficiency. By one
Act, the continued existence of companies is made to de-
pend upon the population of counties, which would make
it necessary to re-organize the force with every change in
the number of inhabitants : by the other Act, a meritorious
standard of efficiency is exacted ; which latter provision
is clearly better for the militia, and for all that pertains to
it. The existing conflict in the statutes would be removed
by repealing so much of sect. 14 of chap. 320, Acts of 1874,
as relates to the apportionment of the volunteer militia
according to population.

PARIS EXPOSITION.

The Government of the United States having accepted,
on behalf of the people, the invitation of the Republic of
France to take part in a universal exposition of the produc-
tions of agriculture, manufactures, and the fine arts, to be
held in Paris in the present year, Congress, by joint reso-
lution in December last, requested the governors of the
several States and Territories to invite the people of their
respective States and Territories to assist in the proper
representation of the productions of our industry, and of
the natural resources of the country ; and to take such
further measures as may be necessary in order to secure to

354 Governor's Address.

their respective States and Territories the advantages to be
derived from this beneficent undertaking.

The industries of our own State are so large and mani-
fold, that it cannot be doubted they should be full}-, and
would be advantageously, represented at this exhibition,
and that it will be a strong auxiliary towards introducing
their products favorably into the markets of the world.
The magnificent success and the beneficent results of the
Exhibition at Philadelphia are too fresh in our recollection
to make it necessary to enlarge upon the advantage derived
from a comparison of our own industries with others, as
they appear in the light of the world's competition, and
the new stimulus given to them by the hopes which that
comparison inspired.

By the joint resolution referred to, the governors of the
several States are authorized to nominate, and the Presi-
dent to appoint, two honorary commissioners from each of
the States ; and I submit to the legislature what further
provision shall be made for the proper representation of
the products of our industries at the Paris Exhibition.

PUBLIC FAITH.

As one of the original members of the American Union,
and second to none in bearing the costs and hardships of
its birth and preservation, Massachusetts cannot be now
indifferent to measures and influences which affect the
honor and advancement of the nation, but will ever be
watchful of the manner in which the government is admin-
istered, and its obligations fulfilled. Her people believe
that the honor of the country cannot be preserved, nor its
prosperity secured, by gains which come from broken
promises ; and they expect their representatives will, if
need be, resist by all justifiable means the enactment of
any laws which will not bear the test of impartial justice.
In the payment of the debt created to save the nation
when it reeled amid the conflicts of war, she desires that
the promises which have formed the basis of the public
credit shall be honestly and undeviatingly fulfilled. No
sophistr}^ in reasoning, and no casuistry in morals, should
be allowed to obscure the plain demands of honest dealing
with the public creditors, either as to time or character of
payment of their dues.

Governor's Address. 355

PUBLIC PEACE.

Not only should the public debts be paid, and the cur-
rency restored to its normal standard according to promise
made, but every honest effort is (demanded for restoring
the peace of the country, as the surest way of reviving its
prosperity, and securing the happiness of its people. The
war has settled the old causes of difference; and they
cannot be renewed, if any section were so disposed. The
country has declared with great unanimity for the return
of peace, and the restoration of intercourse and good feel-
ing between the sections that were alienated by slavery
and the war. It is the duty of the North to adhere to a
pacific policy on the basis of the constitutional amend-
ments ; and the great body of people in the South have
manifested the purpose to accept these amendments as
unalterable conditions. It must needs be, perhaps, that
occasional conflicts will arise out of political ambition and
partisan zeal ; but, if they do, they must be dealt with by
wise and ingenuous statesmanship, as difficulties insepara-
ble from a free government extending over a continental
domain. There must be a steadfast adherence to sound
principles of government, with great tolerance as to choice
of methods of administration.

The right of local self-government in the States respec-
tively in time of peace, so it be republican in form, is
practically undisputed. The latter cannot be said to be
granted while a State is menaced by a military force within
its own borders, and not under its own authority ; and
peace and fellowship cannot be said to be accomplished
without those signs of recognition which demonstrate that
the pacification is genuine, and worthy to be trusted. If
any section of the country is in fact false to its professions
on this subject, the sooner that fact is made manifest, the
less dangerous will be its power for evil, and the easier
will be the remedy for the mischief it may have already
accomplished.

CIVIL SEPtVICE.

Massachusetts will also heartily support all practicable
and just means to correct any evils in the civil service of
the country, and is in full accord with the honest purpose
of the President to render practical what has been so elo-
quently declared in convention by speech and resolution.
The people desire competency and integrity in all depart-

356 Goyernor's Address.

ments of the public service, and that the public patronage
shall not be misused for purposes of individual advantage
and partisan success. Much of the controversy on the sub-
ject has arisen out of the differing methods and policies
employed or advocated to secure these results. It has
sometimes appeared, to those who have given thought to
the matter, that the partial failure which has hitherto
attended the efforts to improve the civil service has come
from mistaken arguments, which would, if successful,
ingraft upon our republican government the characteristic
civil ^service of monarchies ; and that many of the com-
plaints made against the American system of civil service
are, in reality, complaints against a republican form of
government itself, through the system of civil service
which is a necessary part of that government. In a mon-
archy, authority in the civil service is represented in the
crown ; and schools of training may be maintained, and
their graduates appointed to places in the various depart-
ments, with the certainty, that, if found to be competent
and faithful, they will remain there through life, or through
the continuance of a dynasty. But a republic is a mon-
archy upside down ; and the crown is with the people,
together with all its prerogatives, civil service included.
The Executive is frequently changed, while the power of
the people which delegates authority is permanent. The
qualit}' of our civil service, therefore, will depend much
upon the quality of public sentiment ; and, if the standard
of that be sufficiently high to recognize fitness for office as
above the value of partisan influence, we shall have
reached the very essence of the necessary purification.
Public sentiment in this country will sustain the appoint-
ment of competent and trustworthy persons to the civil
service, and the removal of those who are not, or who
abuse their places for unjustifiable ends.

Senators arid Representatives :

This day marks the beginning of a new year in the civil
histor}'- of our beloved Commonwealth. Let it be the
goal of our ambition that it shall not suffer in comparison
with its predecessors.

Special Messages. 357

SPECIAL MESSAGES.

THE FOLLOWING SPECIAL COMMUNICATIONS WERE MADE BY HIS

EXCELLENCY THE GOVERNOR, TO THE LEGISLATURE,

DURING THE ANNUAL SESSION.

[To the House of Representatives, January 8.]

I have the honor herewith to transmit for the informa-
tion and use of the General Court, the annual reports for
the year 1877, of the Surgeon-General of the Common-
wealth ; the Board of Land Commissioners ; the Board of
Inspectors of the State Prison ; the State Agency for Aid-
ing Discharged Convicts ; the Trustees of the State Re-
form School ; the Trustees of the State Industrial School ;
the Trustees of the State Lunatic Hospitals at Northamp-
ton, Taunton, and Worcester ; the Inspectors of the State
Workhouse ; the Inspectors of the State Primary School ;
the Inspectors of the State Almshouse ; the final report of
the Commissioners upon the erection of the new Hospital
for the Insane in the north-eastern part of the Common-
wealth ; the Annual Reports of the Treasurer and Super-
intendent of the Massachusetts Employment Bureau for
Disabled Soldiers ; and the Report of a Special Committee
of the last General Court on the State Workhouse at
Bridgewater.

[To the Senate, January 14.]
I have the honor herewith to transmit for the use of the
General Court the Annual Report of the Commissioner of
the Mystic River Corporation,

[To the House of Representatives, January 22.]

I have the honor herewith to transmit for the use and
information of the General Court the Reports of the Chief

358 Special Messages.

Detective of the Commonwealth and the Commissioners
on Inland Fisheries for the year 1877.

[To the Senate, January 31.]

In compliance with the provisions of chapter 50 of the
Resolves of 1860, I have the honor herewith to lay before
the General Court a Report of the pardons issued by the
Governor and Council during the year 1877.

Of the fifty-three convicts thus set at liberty, sixteen
were in the state prison, thirty-one in houses of correction,
and the remainder in jails, and in the house of industry at
Deer Island.

In fifteen cases, sickness was the controlling reason for
granting the pardon, and in eight of these cases it has
been ascertained that death took place within a few weeks.

Every pardon granted contained the condition, that if
the person to whom it was issued should, before the expi-
ration of his sentence, be convicted of any crime punisha-
ble by imprisonment, he would be held to serve out the
remainder thereof.

No. 1. Lewis C. Eldredge. Convicted of larceny in
a building : Superior Court, Barnstable County, October
14, 1875. Sentenced to two years in the house of correc-
tion. Pardon granted January 19, 1877, because no public
interest would have been subserved by a longer imprison-
ment, and because he had promise of immediate and per-
manent employment in his occupation as a fisherman.

No. 2. Bahtholomew Hayes. Convicted of assault,
with intent to kill: Superior Court, Hampden County,
December 24, 1875. Sentenced to fifteen months in house
of correction. Pardon granted January 25, 1877, because
the prisoner was in the last stages of consumption, and
could live but a short time. He had friends ready to take
charge of him when released.

No. 3. Wells D. Meek. Convicted of forgery : Supe-
rior Court, Suffolk County, October term, 1874. Sen-
tenced to three years in state prison. Pardon granted Feb-
ruary 21, 1877, for the reason, first, that those who suf-
ferred most from his crime desired his release ; second,
that no public interest would have been subserved by
longer confinement ; and, third, because his release would
greatly aid the prisoner's aged and invalid mother, and en-
courage his efforts to restore himself to his former business
and social position. His brother-in-law promised to send
him West in search of employment.

Specl\l Messages. 359

No. 4. Charles J. Giles. Convicted of indecent as-
sault : Superior Court, Worcester County, May 23, 1876.
Sentenced to two years in house of correction. Pardon
granted February 21, 1877, on the certificate of the prison
physician that the convict was in an advanced stage of con-
sumption, and could not recover. The Sheriff and one of
the County Commissioners corroborated the physician's
statement, and agreed to be responsible for the prisoner's
removal to the United States Hospital for Disabled Soldiers
in Maine, his native State.

No. 5. Mary Hallett. Convicted for violating the
liquor law, by Trial Justice James B. Crocker of Barn-
stable County, January 18, 1877. Sentenced to pay a fine
of 850, and ninety days in the house of correction. Par-
don granted February 27, 1877, on condition that the costs
should be paid, because the Trial Justice certified, that,
had he known the circumstances of the prisoner's family,
he would have imposed a sentence of thirty instead of
ninety days.

No. 6. Mortimer T. Downing. Convicted of violat-
ing the liquor law: Superior Court, Suffolk County, Janu-
ary term, 1877. Sentenced to pay a tine of |300, and to
three months in house of correction. Pardon granted
March 10, 1877, because the Committee was satisfied, that,
at the time the offence was committed, the prisoner had
abandoned the traffic, and that, although he owned the
building, the business was carried on by a tenant.

No. 7. Maurice Welsh. Convicted of larceny on
three complaints: Police Court, Newbury port, December
18, 1876. Sentenced to nine months in house of correc-
tion. Pardon granted March 20, 1877, because a brother
of the prisoner was dying of consumption, and desired his
presence during his last hours.

No. 8. Charles N. Willis. Convicted of keeping a
liquor nuisance: Superior Court, Worcester County, Janu-
ary 29, 1877. Sentenced to pay a fine of $50, and to three
months in house of correction. Pardon granted March 20,
1877, on the petition of the District Attorney, the select-
men of Leicester, and many other respectable citizens, on .
account of the prisoner's sickness, and in order that he
might assist his mother, who was in the last stages of con-
sumption.

No. 9. George Davis. Convicted of breaking and
entering: Superior Court, Suffolk Count}^ Septeml)er 15,
1874. Sentenced to six years in the state prison. Pardon
granted March 22, 1877, on the certificate of the prison

360 Special Messages.

physician, that the prisoner was sick with consumption,
and could live but a short time. His mother, who had a
comfortable home in Taunton, would receive her son, and
care for him while he might live.

No. 10. John Lochlin. Convicted of peddling with-
out a license, by Trial Justice Converse of Woburn, in
Middlesex County, February 16, 1877. Sentenced to pay
a j&ne amounting, with costs, to ^55.45. Committed to
house of correction, in default. Pardon granted March
22, 1877, because the Council was satisfied that the pris-
oner was ignorant of violating the law, while making a
laudable effort to support himself and his family.

No. 11. James Lenox. Convicted of assault and bat-
tery, by Trial Justice Littlefield of Middlesex County,
January 23, 1877. Sentenced to two months in house of
correction, and to pay a fine amounting, with costs, to
125.20. Pardon granted March 31, 1877, on the recom-
mendation of the Trial Justice and District Attorney.
The prisoner had served the full term of his sentence, and
paid the fine ; but the order of his two sentences would
have prevented his release until two months after May 20.
The fine was paid.

No. 12. Robert Gallagher and James Gallagher,
jun. Convicted of assault and battery: Superior Court,
Norfolk County, December 11, 1876. Sentenced to six
months each in the house of correction. Pardon granted
March 31, 1877, on the petition of Hon. F. W. Bird, and
other respectable citizens of Norfolk County, stating that
the prisoners had previously been industrious, sober, and
peaceable citizens ; that the person assaulted was an in-
temperate and quarrelsome person, and that there was
strong provocation for the assault.

No. 13. Christian Johnson. Convicted of violating
the liquor law : Superior Court, Suffolk County, January
term, 1877. Sentenced to pay a fine of $100. Committed
to jail in default. Pardon gr3.nted April 3, 1877, because
the prisoner, who was a Dane, had been in the country
but a short time, and was ignorant of the language and
laws. He had a license, but unwittingly violated its con-
ditions. The District Attorney certified that he should
be satisfied with a fine of $50; and the payment of that
amount was the condition of pardon.

No. 14. James Fitzgerald. Convicted of felonious
assault : Superior Court, Hampden County, May 27, 1875.
Sentenced to three years in house of correction. Pardon
granted April 10, 1877, on the petition of the Sheriff,

Special Messages. 361

County Commissioners, overseer and physician of the
house of correction, setting forth that the prisoner was
very sick with consumption, and could live only a short
time. An uncle in Hartford would receive and care for
him while he might live.

No. 15. Charles ^Morris and Frank Neavcomb.
Convicted of hreaking and entering and larceny in a build-
ing : Superior Court, Bristol County, December 22, 1875.
Sentenced to three years in state prison. Pardon granted
April 17, 1877, because evidence was presented to the
Council, which would have materially modified the sen-
tence, had it been known at the time of the trial.

No. 16. John P. Moran. Convicted of burning a
building : Superior .Court, Worcester Count}', May 29,
1876. Sentenced to two years in house of correction.
Pardon granted May 4, 1877, on the recommendation of
the District Attorney, who certified, that, if the character
of certain of the witnesses on whose testimony the prisoner
was convicted, had been known at the time of the trial,
Moran would have been acquitted.

No. 17. James Brown. Convicted of larceny in a
building : Superior Court, Norfolk County, December 11,
1876. Sentenced to one year in house of correction.
Pardon granted May 15, 1877, on the certificate of the
Sheriff, house physician, and overseers, that the prisoner
was in. a wretched physical and mental condition. Dr.
Cogswell (of the committee), who visited the prisoner,
confirmed their statement. The mother of the prisoner
stated that she had a comfortable home for her son in Bos-
ton.

No. 18. George L. Crummett. Convicted of arson :
Superior Court, Middlesex County, March 3, 1868. Sen-
tenced to imprisonment for life in the state prison. Par-
don granted May 17, 1877, because the prisoner's associates
in the crime had been pardoned, and that the law prescrib-
ing the penal t}^ therefor was changed in 1871 ; so that he
had served as long a time as he probably would now be
sentenced for. Mr. Edward Stanwood of the " Boston
Daily Advertiser " promised, that, in case of pardon, the
prisoner should go West.

No. 19. Charles L. Robinson. Convicted of ped-
dling without a license : Fitchburg Police Court, Worces-
ter County. Sentenced to three months in house of
correction. Pardoned June 19, 1877, because the Com-
mittee on Pardons were satisfied that the prisoner uninten-

362 Special Messages.

tionally violated the law while endeavoring to earn his
living.

No. 20. Peter Scott. Convicted of assault and bat-
tery, on two complaints : Somerville Police Court, Middle-
sex County, November 9, 1876. Sentenced to one year in
house of correction. Pardon granted June 21, 1877, for
the reason that Justice Story, the Chief of Police, and
others who signed the petition, became, subsequent to the
trial, possessed of facts, which, if known at the time,
would have justified imposing a much lighter sentence.
Useful employment awaited the prisoner's release.

No. 21. Edward A. Barnes. Convicted of uttering
a forged order : Superior Court, Worcester County, Febru-
ary 12, 1876. Sentenced to three years in house of correc-
tion. Pardon granted June 21, 1877, on the certificate of
the prison physician, the District Attorney, and the Sheriff,
setting forth that the prisoner was very sick, and could
not long survive. He would be better cared for outside
the prison.

No. 22. Louis Leonhard. Convicted of larceny, by
Trial Justice Joseph D. Fallon : Suffolk County, Aj^ril 7,
1877. Sentenced to six months in house of correction.
Pardon granted June 29, 1877, on the recommendation of
the Trial Justice, on account of the youth and previous
good character of the prisoner, and because the principal
in the crime had escaped punishment. Prisoner's pi-evious
employer promised to hire him when released.

No. 23. Michael Halligan. Convicted of breaking
and entering : Superior Court, Worcester County, August
18, 1873. Sentenced to five years in state prison. Par-
don granted July 18, 1877, on the petition of the select-
men of Brookfield, and the favorable report of the Dis-
trict Attorney. Prisoner's sister, who has the care of his
dependent child, promised to receive and furnish him em-
ployment when released.

No. 24. Sajmuel B. Kennedy. Convicted of arson :
Superior Court, Middlesex County, February 26, 1867.
Sentenced to state prison for life. Pardon granted July
18, 1877, because of the favorable suggestion of the Dis-
trict Attorney, warden, and inspectors. The sufferer by
the crime of the prisoner desired his release, and he had
already served ten years and. a half. At the present time
the crime would probably be punished by a sentence of
not more than ten years.

No. 25. Henry J. Daniels. Convicted of larceny on
two complaints : Superior Court, Suffolk County, March

Special Messages. 363

9, 1874. Sentenced to four years in house of correction.
Pardon granted July 20, 1877, on the certificate of the
prison physician, that the prisoner was very sick, and
coukl not, probably, live out his term. Concurred in by
the president of the Massachusetts Medical Society, who
examined the convict. His father, a worthy and deeply-
afflicted man, desired to receive and succor his son while
he might live.

No. 26. Patrick Gallagher. Convicted of rob-
bery : Superior Court, Norfolk County, April 11, 1876.
Sentenced to five years in state prison. Pardon granted
July 20, 1877, because, some time after the conviction,
evidence was presented to the Trial Justice that raised
serious doubts of the prisoner's guilt, and the District At-
torney certified that he should be satisfied if a pardon were
granted.

No. 27. Philip H. Scott. Convicted of larceny : Mu-
nicipal Court, Suffolk County, October 2, 1876. Sentenced
to one year in house of correction. Pardon granted July
20, 1877, because the Trial Justice certified, that, since the
trial, he had become possessed of certain facts relative to
the prisoner's history and the circumstances of the crime,
which, had he known them at the time, would have influ-
enced him to impose a lighter sentence.

No. 28. David B. Allen. Convicted of assault with
intent to ravish : Superior Court, Worcester County, May

10, 1875. Sentenced to five years in state prison. Par-
don granted August 1, 1877, because the District Attorney
strongly recommended it, and because, in consequence of
the weakness of the evidence, the case had been permitted
to remain on file, without sentence, for more than six
years. When sentenced, the prisoner was without coun-
sel, and the judge was not informed of the history of the
case : otherwise it would probably have been differently
disposed of.

No. 29. Alfred Bourque. Convicted of embezzle-
ment : South Worcester District Court, Worcester County,
May 28, 1877. Sentenced to three months in house of
correction. Pardon granted August 1, 1877, because the
complainant, and the selectmen of Southbridge, and other
citizens, joined the petition, and because the family physi-
cian certified that the prisoner's wife and an infant born
since his conviction were in a deplorable condition, requir-
ing his aid. The complainant regretted taking action,
and the trifling sum embezzled had been restored.

No. 30. J. FrajsK Farnhajm. Convicted of breaking

364 Special Messages.

■ and entering : Superior Court, Essex County, October 27,
1875. Sentenced to two years in house of correction.
Pardon granted August 1, 1877, because the mayor and
aldermen of Newburyport, and other citizens, recommended
it as satisfying justice, and tending to promote the prison-
er's welfare. He was sentenced without counsel, and in
the absence of correct information on the part of the
judge.

No. 31. Allen L. Robbins. Convicted of a series of
larcenies : Superior Court, Suffolk County, January 23,
1877. Sentenced to twelve months in house of correction.
Pardon granted August, 1877, on the unanimous recom-
mendation of the Board of Directors of Public Institu-
tions, and not objected to by Mr. Harvey D. Parker, from
whom the larcenies were committed. The prisoner's
father and mother were both deaf and dumb, and his wife
and infant in destitute circumstances, requiring assist-
ance.

No. 32. Geoege T. CoLCORD. Convicted of adultery;
Superior Court, Franklin County, November 23, 1876.
Sentenced to one year in house of correction. Pardon
granted on the petition of the sheriffs of Hampshire and
Franklin, the District Attorney, and many other officials
and citizens of those counties. The prisoner's wife was in
a delicate and destitute condition requiring his presence
and succor ; and the Committee on Pardons, who visited
him in prison, were satisfied of his thorough penitence.

No. 33. John G. Morse. Convicted of uttering
obscene pictures : Superior Court, Essex County, May 20,
1875. Sentenced to five years in state prison. Pardon
granted August 31, 1877, because the petition of many
prominent citizens of Essex County, supported by the
District Attorney, indicated that public sentiment was
strongly in favor of it. The Committee were satisfied
beyond a doubt that the complaint was a malicious one,
and convinced that important facts, which did not appear
at the time of the trial, would, if known then, have secured
a sentence shorter than the term which the prisoner had
already served.

No. 34. John W. Knapp. Convicted of peddling
without a license : Cambridge Police Court, Middlesex
County, July 5, 1877. Sentenced to pay a fine of $50, or
three months in jail. Committed in default. Pardon
granted August 31, 1877, because the offence, which was
trifling, arose more from ignorance than a wilful violation
of the law. The Trial Justice would have imposed a

Special Messages. 365

much smaller fine, had it been in liis discretion to do so.
Prisoner had already served 57 days' imprisonment.

No. 35. Frank J. Coughlax. Convicted of break-
ing glass, and carrying concealed weapons: Municipal
Court, Suffolk County, June 19, 1877. Sentenced to a
fine of 875 and costs, or six months in jail. Committed in
default. Pardon granted August 31, 1877, on petition of
citizens of Natick, and because the Committee, who visited
the prisoner, regarded him as more unfortunate than crim-
inal. There was abundant evidence that the prisoner had
always borne a good character, and that the offence was
committed while under the influence of liquor, and during
his first visit to Boston. The concealed weapons, which
were a pair of brass knuckles, were a present ; and the
prisoner did not know that it was unlawful to carry them.
A visit to the prisoner convinced the Committee that the
young man did not belong to the criminal class, and that,
as before observed, he was more unfortunate in the matter
than criminal.

No. 36. Michael Nolan. Convicted of larceny : Su-
perior Court, Suffolk County, December term, 1876. Sen-
tenced to two years in house of correction. Pardon
granted on the certificate of the prison physician, that the
prisoner was very sick with consumption, and would not
probably live through the winter. His mother promised
to receive and care for him while he might live.

No. 37. Almon Warner (formerly a police officer).
Convicted of larceny in a building : Superior Court, Suf-
folk County, January 1, 1875. Sentenced to five years in
state prison. Pardon granted September 14, 1877, on the
testimony of influential citizens, together with that of
Capt. Vinal of Police Station 2, to the former good char-
acter of the prisoner, and the circumstances of peculiar
temptation under which the crime was committed. John
P. Squire promised to employ prisoner when released.

No. 38. Alfred White. Convicted of assault and
battery: Superior Court, Barnstable County, October 12,
1876. Sentenced to eighteen months in house of correc-
tion. Pardon granted September 29, 1877, because popu-
lar opinion favored it, and no public interest would have
been subserved by further imprisonment. If the prisoner
were guilty, which the Committee regarded as doubtful,
they thought he had been sufficiently punished.

No. 39. Bartholomew Collins. Convicted of lar-
ceny, and assault and battery : Superior and Municipal
Courts, Suffolk County, July 9, 1877. Sentenced to six-

^66 SPECIAL Messages.

teen months in house of correction. Pardon granted
September 29, 1877, solely on the ground of the insanity
of the prisoner when committed and since. He has been
committed to the hospital for the insane.

No. 40. James Bagley. Convicted of assault and bat-
tery; Municipal Court, Suifolk County, December 22,
1876. Sentenced to pay a fine, amounting, with costs, to
$25.25. Committed to house of industry in default. Par-
don granted on petition of the prisoner's wife (the person
assaulted), who is unable to pay the fine, being very poor
and in need of his assistance, and because the offence was
trifling, and the prisoner, in the opinion of the Council,
already sufficiently punished.

No. 41. Christopher Bradley. Convicted of violat-
ing the license law: Superior Court, Middlesex County,
June 25, 1877. Sentenced to pay a fine of $100 and costs,
or imprisonment in house of correction. Pardon granted
September 29, 1877, on testimony of City Marshal and the
District Attorney, who favored it. There was a misunder-
standing in this case at the time of trial ; and the Commit-
tee were doubtful whether the prisoner should have been
sentenced at all.

No. 42. Charles D. Bisbee. Convicted of arson :
Superior Court, Middlesex County, July 14, 1876. Sen-
tenced to three jeavs state prison. Pardon granted Octo-
ber 30, 1877, on petition of the District Attorne3% who
strongly recommended it for reasons set forth in his report,
supported by testimony of prominent citizens of Lowell.

No. 4-3. Robert Furlong. Convicted of larceny:
Municipal Court, Suffolk County, August 15, 1877. Sen-
tenced to six months in house of correction. Pardon
granted November 14, 1877, on account of the trifling na-
ture of the offence, and because the interests of justice
would not be subserved by further confinement.

No. 44. Matthew Brady. Convicted of breaking
. and entering, accessory before the fact : Superior Court,
Middlesex County, February, 1876. Sentenced to three
years in house of correction. Pardon granted November
23, 1877, on the testimony of the Mayor and ex-Mayor of
Lowell, and other prominent citizens. The prisoner was
very sick, and would be properly cared for at home in
Lowell.

No. 45. James E. Carney. Convicted of larceny:
Superior Court, Suffolk County, June, 1876. Sentenced
to one year and ten months in house of correction. Par-
don granted December 1, 1877, on the certificate of the

Special Messages. 367

prison phj'sician, that the prisoner was in very poor health,
and not likely to recover. There was a mistake at the
trial, which caused a longer sentence than prisoner should
have received.

Ko. 46. Ed^vard W. Pitts. Convicted of forgery:
Superior Court, Worcester County, May 21, 1877. Sen-
tenced to one year in house of correction. Pardon granted
December 8, 1877, on the testimony of the Trial Justice,
District Attorney, Sheriff, keeper of prison, and others,'
who strongly recommended it. Prisoner was subject to
frequent epileptic fits, which would probably speedily ter-
minate his life.

No. 47. Willis E. Barber. Convicted of peddling
without a license : Third District Court, Worcester Coun-
ty, October 8, 1877. Sentenced to pay a fine of 150, or
three months in jail. Convicted in default. Pardon
granted December 8, 1877, because the Committee were
convinced that prisoner unwittingly violated the law while
endeavoring to earn a living.

No. 48. Thomas Brown, 3d. Convicted of assault
with intent to rob : Superior Court, Suffolk County,
September, 1874. Sentenced to four years in state prison.
Pardon granted December 13, 1877, on the certificate of
the prison physician, that the prisoner was in the last
stages of consumption, with prospect of speedy death.
His brother promised to receive and care for him while he
might live.

No. 49. Henry C. Leonard. Convicted of larceny
on five complaints : Superior Court, Worcester County,
May 22, 1873. Sentenced to twelve years in state prison.
Pardon granted December 25, 1877, on the recommenda-
tion of the present and former District Attorney, and evi-
dence of prisoner being a thoroughly reformed man, with
the promise of useful employment by his friends.

No. 50. Herbert L. Stratton. Convicted of burg-
lary : Worcester County. Sentenced to ten years in state
prison. Pardoned December 25, 1877, on the strong
recommendation of the District Attorney, and because
public sentiment was greatly in favor of his release.
There were mitigating circumstances which could not
have been made to appear at the time of the trial, but
which have since been presented to the consideration of
the Committee on Pardons.

No. 51. Albert Waugh. Convicted of breaking and
entering: Superior Court, Middlesex County, July 8, 1875.
Sentenced to five years in state prison. Pardon granted

368 Special jVIessages.

December 25, 1877, because justice and the interests of
society did not require further imprisonment, and because
satisfactory evidence was presented, that the prisoner's
professed reformation was genuine. He had a comfortable
home in Lowell, and friends to aid and encourage him to
lead a correct and useful life.

[To the Senate, February 7.]

I have the honor herewith to present, for the considera-
tion of the General Court, the Fifteenth Annual Report
of the Massachusetts Agricultural College.

[To the House of Representatives, February 25.]

I have the honor herewith to present for the considera-
tion of the General Court the Annual Report of the Ad-
jutant-General of the Commonwealth, for the year ending
December 31, 1877.

[To the Senate, March 1.]

I have the honor herewith to transmit, for the consider-
ation of the General Court, the Report of the Manager of
the Troy and Greenfield Railroad and Hoosac Tunnel for
the year ending Dec. 31, 1877.

[To the House of Representatives, March 25.]

I have the honor most respectfully to submit to the Legis-
lature a communication from the Board of Inspectors of
the State Prison, and to ask the early consideration which
its importance seems to demiuid.

[To the House of Representatives, May 8.]

I have the honor herewith to transmit a communication
addressed to me by the Board of Trustees of the State
Lunatic Hospital at Danvers, which seems to require the
consideration of the Legislature.

[To the Senate, May 15.]
I have the honor herewith to transmit a communication
addressed to me by the Adjutant-General, to which I in-
vite your respectful consideration.

[To the House of Representatives, May 14.]

I have the honor to transmit herewith a communication
from the Attoiney-General of the Commonwealth, and an
order in Council relating thereto, which I commend to the
respectful consideration of the Legislature.

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THE

CIVIL GOVERNMENT

OF THE

AND OFFICERS EVfMEDIATELY CONNECTED THEREWITH FOR
THE POLITICAL YEAR

1878.

EXECUTIVE DEPARTMENT.

HI8 EXCELLENCY

ALEXANDER H. RICE,

Governor.
GEORGE H. CAMPBELL, Private Secretary.

HIS HONOB

HORATIO G. KNIGHT,

Lieutenant-Governor.

COUNCIL — (By Districts).

I. — JOSEPH K. BAKER.
II. — HARRISON TWEED.

III. — FRANCIS CHILDS.

IV. — WILLIAM W. TUCKER.

V. — HARMON HALL.
VL — JOSEPH A. HARWOOD.
VII.— WILLIAM UPHAM.
VIII. — TILLY HAYNES.

HENRY B. PEIRCE,

Secretabt of the Commonwealth.
HENRY J. COOLIDGE, Ut Clerk. ISAAC H. EDGETT, Id Clerk.

CHARLES ENDICOTT,

Tbkasubeb and Receivee-General.
DANIEL H. ROGERS, 1st Clerk. JOHN Q. ADAMS, 2d Clerk.

JULIUS L. CLARKE,

Additob.
AUGUSTUS BROWN, \st Clerk. EDWARD S. DAVIS, 2d Clerk.

CHARLES R. TRAIN,

Attorne t- Genebal.
WILLIAM CALEB LORING, .... Assistant Attorney-General.

LEGISLATIVE DEPARTMENT.

GENERAL COURT:

Aerangkd IX Accordance with the District Eevision of 1876.

SENATE.

President— JOUlii B. D. COGSWELL.

District.

Name of Senator.

Residence.

First Suffolk, .

Henry B. Hill, .

Boston.

Second "

MarceUus Day, .

Boston.

Third '•

Michael J. Flatley, .

Boston.

Fourth "

James White, .

Boston.

Fifth "

Thomas Gogin,

Boston.

Sixth "

Alvah A. Barrage, .

Boston.

Seventh "

Albert Palmer, .

Boston.

Eighth "

Joseph S. Ropes,

Boston.

First Essex,

Amos F. Breed,

Lynn.

Second "

James J. H, Gregory,

Marblehead.

Third "

AUan Rogers, .

Gloucester.

Fourth "

George W. Gate,

Amesbury.

Fifth "

Jackson B. Swett,

Haverhill.

Sixth '«

Byron Truell, .

Lawrence.

First Middlesex,

Benjamin F. Hayes,

Medford.

Second *'

Robert R. Bishop, .

Newton.

Third "

Chas. Theodore Russell, .

Cambridge.

390

Senate.

District.

Name of Senator.

Residence.

Fom-th Middlesex, .

Luther H. Sherman,

Wayland.

Fifth

Amos J. Saunders, .

Pepperell.

Sixth *'

Abraham B. Coffin, .

Winchester.

Seventh "

James C. Abbott,

Lowell.

First Worcester,

George S. Barton,

Worcester.

Second "

William Knowlton, .

Upton.

Third "

Ebenezer B. Lynde, .

W. Brookfield.

Fourth "

Charles Adams, jun..

N. Brookfield. .

Fifth "

Charles H. Merriam,

Leominster.

First Hampden,

Charles L. Gardner, .

Palmer.

Second " • • .

Henry C. Ewing,

Holyoke.

Hampshire,

Lewis N. Gilbert,

Ware.

Franklin,

Henry Winn, .

Buckland.

North Berkshire,

Fred'k P. Brown, .

Adams.

South

Horace J. Canfield, .

Stockbridge.

First Norfolk, .

Henry F. Barker,* .

Quincy.

Second "

Frederick D. Ely, .

Dedham.

First Plymouth,

Joseph S. Beal,

Kingston.

Second "

Jonathan White,

Brockton.

First Bristol, .

Ezra Davol,

Taunton.

Second "

Charles J. Holmes, .

Fall River.

Third "

Hosea M. Knowlton,

New Bedford.

Cape,

John B. D. Cogswell,

Yarmouth.

STEPHEN N. GIFFORD,
ISAAC DUNHAM, .
O. F, MITCHELL, .

Clerk.

Chaplain.

Sergeant-at-Arms.

* Deceased March 2. William A. Hodges of Quincy elected to fill vacancy, April 2.

House of Representatives.

391

HOUSE OF EEPRESENTATIVES.

Speaker — JOB.'i^ D. LONG.

COUNTY OF SUFFOLK.

District.

Ward.

Xame of Representative.

Residence.

1st,

Boston, Ward 1,

Edwin R. Webster, .
Eben. M. McPherson,

Boston.
Boston.

2d,

Boston, Ward 2,

James L. Walsh,* .
S. F. Whitehouse, .

Boston.
Boston.

3d,

Boston, Ward 3,

Eugene L. Norton, .
Freeman L. Oilman,

Boston.
Boston.

4th,

Boston, Ward 4,

John Turner, .

Boston.

5th,

Boston, Ward 5,

Nahum Chapin,
Charles R. Byram, .

Boston.
Boston.

6th,

Boston, Ward 6,

Cornelius Desmond,
Anthony C. Daley, .

Boston.
Boston.

7th,

Boston, Ward 7,

S. H. Wentworth, .
Daniel Doherty,

Boston.
Boston.

8th,

Boston, Ward 8,

Francis Gargan,
James L. Locke,

Boston.
Boston. .

9th,

Boston, Ward 9,

George W. Lowther,
Edwin F. Leighton,

Boston.
Boston.

10th,

Boston, Ward 10,

Clement Hugh Hill,
Alex. Wads worth, .

Boston.
Boston.

11th,

Boston, W^ard 11,

Charles J. Prescott, .
Hamilton A. Hill, .

Boston.
Boston.

12th,

Boston, Ward 12,

Edward J. Jenkins, .
Patrick F. Murphy, .

Boston.
Boston.

13th,

Boston, Ward 13,

James T. Mahony, .
John B. Shea, .

Boston.
Boston.

14th,

Boston, Ward 14,

Charles J. Noyes, .
Alonzo Bancroft,

Boston.
Boston.

* Resigned May 17.

392

House of Representatives.
COUNTY OF SUFFOLK — Concluded.

District.

Town or Ward.

Name of Representative.

Residence.

15th,

16th,

17th,

18th,

19th,

20th,

21st,
22d,
23d,

24th,
25th,

26th,

Boston, Ward 15, . •]

Boston, Ward 16, . j

Boston, Ward 17, . j

Boston, Ward 18, . ■<

Boston, Ward 19, A

Boston, Ward 20, . j

Boston, Ward 21, . ■
Boston, Ward 22, .
Boston, Ward 23, . j

Boston, Ward 24, . |

Boston, Ward 25,

( Chelsea, . (
} Revere, -|
( Winthrop, (

Alonzo Warren,
S. A. Stackpole,

Joseph H. O'Neill, .
Frederic A. Harden,

Albert E. Pillsbury,
J. Q. A. Brackett, .

Charles H. Allen, .
Henry D. Hyde,

James H. Xu^^ent, .
Charles V. Jaeger, .

William S. King,
Payson E. Tucker, .

John F. Newton,
William Blanchard, .

Wm. H. Carberry, .

H. A. Johnson,
Matthew BoUes,

Joseph Wiswell,
Fred. P. Moseley, .

George A. Wilson, .

William Robinson, .
Eben Hutchinson, .
Ensign Kimball,

Boston.
Boston.

Boston.

Boston.
Boston.

Boston.

Boston.
Boston.

Boston.

Chelsea.
Chelsea.
Revere.

COUNTY OF ESSEX.

1st,

5 Rockport, . . 1
1 Gloucester, Ward 7, ]"

Jason L. Curtis,

Rockport.

2a,

5 Gloucester, W'ds 1, )
1 2, 3, 4, 5, 6, . ;

r Gloucester, Ward 8, ^

Charles H. Wonsoii,
Edward H. HaskeU,

Gloucester.
Gloucester.

8d,

J Essex, . . .1
1 Manchester, .
[Hamilton,

Jesper Richardson, .

Gloucester.

House of Representatives.
COUNTY OF ESSEX — Continued.

393

District.

Town or Ward.

Name of Representative.

Residence.

4th,

( Wenham,
1 Danvers,

Israel W. Andrews,

Danvers.

5th,

Beverly, .

John I. Baker, .

Beverly.

6th,

Salem, Wards 1, 2
■5,

Charles S. Osgood, .
Charles H. Chase, .

Salem.
Salem.

7th,

( Salem, Wards, 3, 4
1 6, . .

{

Jolni Jackson, .
Henry Vi. Putnam, .

Salem.
Salem.

8th,

{ ]\Iarblehead, .
( Swampscott, .

Lewis Carroll, .
Benj. A. Phillips, .

Marblehead.
Marblehead.

9th,

Lynn, Ward 3,

James H. Richards, .

Lynn.

10th,

(Lynn, Wards 1, 2
] 4,5,7,
(Xahant, .

Nathan M. Hawkes,*
Augustine Jones,
John Mar lor, .

Lynn.
Lynn.
Lynn.

11th,

Lynn, Ward 6,

S. S. McGibbons, .

Lynn.

12th,

Peabody,

Jas. E. T. Bartlett, .

Peabody.

13th,

rSaugus, .
J Lynnfield,
1 Middleton,
I. Topsfield,

Joseph Whitehead, .

Saugus.

Uth,

j Andover,

( Xorth Andover,

John Cornell, .

Andover.

15th,

fBoxford,
-J Rowley, .
( Ipswich, .

■■}

Asa r. Howe, .

Rowley.

16th,

( Xewbury,

-; Newburyport, W'd
(1,2,3,4,5,6,

Eben F. Stone,
John W. Ricker,

Newburyport.
Newburyport.

17th,

( Georgetown, .
•^ Groveland,
( Bradford,

Chauncey 0. Noyes,

Georgetown.

18th,

f West Xe"wbury,
J Salisbury,
1 Amesbm-y,
[Merrimac,

James D. Pike,
Samuel Coffin, .

Merrimac.
Salisbury.

* Resigned May 17.

394

House of Representatives.

COUNTY OF ESSEX — Concluded.

District.

Town or Ward.

Kame of Kepresentative.

Residence.

19th,

20th,
21st,

( Haverhill, Wards 1, (
] 2,3,4,5,6, .]
(Methuen, . . (

5 Lawi-ence, Wards 1, (
1 2,3, . . .X

( Lawrence, Wards 4, f
1 5, 6, . . .\

John W. Tilton, .
William A. Brooks, .
Edmund P. Sargent,

Michael Riun, .
Abel Webster, .

Levi Emery, .
Melvin Beal, .

Haverhill.
Haverhill.

Methuen.

Lawrence.
Lawi-ence.

Lawi-ence.
Lawrence.

COUNTY OF MIDDLESEX.

1st,

( Cambridge, Wards (
1 1,5, . . .1

Levi L. Cushing,
Edwin B. Hale,

Cambridge.
Cambridge.

2d,

( Cambridge, Wards )

1 2,4, . . .|

Oliver J. Rand,
Chas. F. Thurston, .
Lucius R. Paige,

Cambridge.
Cambridge.
Cambridge.

3d,

Cambridge, Ward 3,

Joseph J. Kelley,

Cambridge.

4th,

Somerville, Ward 1,

R. E. Nickerson,

Somerville.

5th,

Somerville, Ward 2,

Thos. Cunningham,

Somerville.

6th,

Somerville, W'd 3, 4,

Jacob T. Gliues,

Somerville.

7th,

Medford,

John H. Hooper,

]\Iedford.

8th,

j Maiden, . . . |
( Everett, . . . )

Elisha S. Converse, .
George S. Marshall,

Maiden.
Everett.

9th,

Melrose,

W. Irving ElUs,

Melrose.

10th,

Stoneham,

George A. Cowdrey,

Stoneham.

11th,

Wakefield,

Solon Walton, .

Wakefield.

12th,

( Reading, . . )
} North Reading, . v
( Wilmington, . . )

Gardner French,

Reading.

13th,

AVoburn,

L. Thompson, jun., .

Woburn.

14th,

( Arlingion, . . \
\ Winchester, . , j

William G. Peck, .

Arlington.

15th,

( Watertown, . . )
\ Belmont, . . |

Robert L. Davis,

Watertown.

House of IlErRESENTATivES.

COUNTY OF, MIDDLESEX — CoNTixNUED.

395

District.

Town or Ward.

N.ime of Representative.

Residence.

16th,

j Ne'v\i;on, "Wards 1
i 2, 3, 4, 5, 6, 7,

Charles E. Ranlett, .

Newton.

Levi C. Wade,

Newton.

(17th,

Waltham,
f Lexington,

David Randall,

Waltham.

ISth,

J Burlington,
1 Bedford,
l_ Billerica,

f Tewksbury, .

John Winn,

Burlington.

19th,

J Chelmsford, .
1 Tyngsborough,

AVilliam Manning, .

Chelmsford.

t Dracut, .

20th,

Lowell, Ward 1,

Patrick Keyes, .

Lowell.

21st,

Lowell, Ward 2,

William A. Read, .

Lowell.

22d,

Lowell, Ward 3,

Albert Moors, .

Lowell.

23d,

Lowell, Ward 4,

Francis Carll, .

Lowell.

24th,

Lowell, Ward 5,

William H. Wiggin,

Lowell.

25th,

Lowell, Wai'd 6,
f Concord,

Henry H. Wilder, .

Lowell.

26th,

J Acton, .
1 Carlisle, .
[^Lincoln,.

r Weston, .

George M. Baker, .

Lincoln.

27th,

J Wayland,
) Sudbury,

!■

Myron W. Bent,

Wayland.

i. Maynard,

28th,

Natick, .

Noah L. Hardy, . .

Natick.

29th,

( HoUiston,
I Sherborn,

}

Sydney Wilder,

Holliston.

30th,

( Hopkinton,
\ Ashland,

}

John Mahon, .

Hopkinton.

31st,

Framingham, .

Chas. S. Whitmore,

Framingham.

32d,

Marlborough, .

S. Herbert Howe, .

Marlborough.

396

House of Representatives.

COUNTY OF mDDLE SEX— Concluded.

District.

Town or Ward.

Name of Representative.

Residence.

33d,
34th,
35th,

r Hudson,

Stow,

Boxborough, .
_ Littleton,

rWestford, . -I

J Groton, . . .1

Dunstable, . . j

^ Pepperell, . . J

'Ayer, . . ."]
Shirley, . . .1
Townsend, . . [

,Ashby, . . .j

Solon "Wood, .
William Read, 1st, .
George V. Barrett, .

Hudson.
Westford.

Ayer.

COUNTY OF WORCESTER.

1st,

2d,

3d,

4th,

6th,

6th,
7th,

8th,

( Blackstone,
l Uxbridge,

( Mendon,
} Milford, .
( Upton, .

J Northbridge,
( Grafton,

( Westborough,
( Southborough,

f Clinton, .
I Berlin, .
I Bolton, .

Sterling,

Lancaster,

Harvard,
I. Lunenburg,

Fitchburg,

' Winchendon,
Ashburnham,
Gardner,
j Westminster,
I. Princeton,

5 Athol, .
l Royalston,

Zadock A. Taft,

William H. Cook,
Charles A. Davis,

Lucius M. Sargent, .
George O. Brigham,

Lucius Field, .
James Hildreth, 2d,

Leander Sprague,
Luther J. Brown,

Chas. Webster Bush,
Artemas Merriam, .

J. S. Parmenter,

Uxbridge.

Milford.
Upton.

Grafton.

Westborough.

Clinton.
Lunenburg.

Fitchburg.
Fitchburg.

Gardner.
Westminster.

Athol.

House of IlErRESENTATiVES.

COUNTY OF WORCESTER — Continued.

397

District.

Town or Ward.

Name of Representative.

9th,

10th,
11th,
12th,

13th,

14th,
15th,

16th,

17th,
18th,
19th,
20th,
21st,

r Petersham,
J Phillipston,
I Templeton,
[Hubbardston,

Dana,
Hard wick,
Barre,
Oakham,
l^Xew Braiutree,

["Rutland,
J Holden, .
I Paxton, .
t Leicester,

f West Brookfield,

Warren, .

Brookfield,

Xorth Brookfield,
t Sturbridge,

rSpe:

ncer,
I Charlton,
j Southbridge, .
[Oxford, .

( Douglas,
^ Webster,
(Dudley, .

r Auburn,
K Millbury,
(Sutton, .

r Shrewsbury, .
J Northborough,
"l Boylston,

[West Boylston,

Leominster, .
Worcester, Ward 1,
Worcester, Ward 2,
Worcester, Ward 3,
Worcester, Ward 4,

Horace Underwood,

John B. Fairbank,

William Howe,

George C. Lincoln,
A. B. Chamberlain,

Calvin D. Paige,
James H. Ames,

Josiah Perry, .
George W. Rice,

Oliver B. Wyman, .

George F. Colbum, .
Thomas J. Hastings,
W^m. A. S. Smyth, .
Frank D. Leary,
Phillip Moore,

Besidence.

Hubbardston.

Oakham.

Holden.

N. Brookfield.
Sturbridge.

Southbridge.
Spencer.

Dudley.
Sutton.

Shrewsbury.

Leominster.

Worcester.

398

House of Representatives.
COUNTY OF WORCESTER — Concluded.

District.

Town or Ward.

Name of Representative.

Residence.

22d,

Worcester, Ward 5,

James H. Mellen, .

Worcester.

Worcester, Ward 6,

Frank P. Goulding, .

Worcester.

24th,

Worcester, Ward 7,

John D. Lovell,

Worcester.

25th,

Worcester, Ward 8,

John D. Washburn, .

Worcester.

COUNTY OF HAMPSHIRE.

1st,

2d,

3d,

4th,

5th,

TEasthampton,
•^ Northampton,
( Southampton,

fHadley, .
J Hatfield,
j Westhampton,
[ Williamsburg,

'Chesterfield,

Cummington,

Goshen, .

Huntington,
I Middlefield,

Plainfield,
[ Worthington,

r Amherst,
J Pelham, .
1 Prescott,
[ South Hadley,

'Belchertown,
Enfield, .
Granby, .
Greenwich,
Ware,

John L. Otis, .
T. G. Spaulding,

Joseph Billings,

Matthew Smith,

Martin W. Burnett,

Thomas R. Greene,

Northampton.
Northampton.

Hatfield.

Middlefield.

So. Hadley.

Belchertown.

COUNTY OF HAaiPDEN.

1st,

TMonson, .
J Brimfield,
1 Holland, .
[Wales, .

Pliny F. Spaulding,

Brimfield.

House of Representatives.
COUNTY OF HAMPDEN — Concluded.

399

District.

Town or Ward.

Name of Representative.

Besidence.

2d,

(Palmer, . . .)
} AVilbraham, . . >
(Ludlow,. . .)

Timothy D. Potter, .

Palmer.

3d,

Chicopee,

Jarvis P. Kelly,

Chicopee.

4th,

( Springfield, Wards >
1 1,2, . . .{

William Pynchon, .
Theodore D. Beach,

Springfield.
Springfield.

5th,

( Springfield, Wards )

1 3, 6, . . .;

Leonard Clark,

Springfield.

6th,

( Springfield, Wards )
^ 4,7, . . .[
( Lougmeadow, • . )

Rawson Hathaway, .

Springfield.

7th,

( Springfield, Wards )

{ 5, 8, . . .;

Marcus P. Knowlton,

Springfield.

8th,

( Holyoke, Wards 1,
1 2,3,4,5, . .

John H. Wright, .

Holyoke.

9th,

fHolyoke,W'ds6, 7, '_
1 West Springfield, . '

E. P. Bartholomew, .

W.Springfi'ld.

10th,

f Westfield, . . (
} Agawam, . . ■<
(Montgomery, . . (

' Southwick,
Granville,

Joseph G. Noble,
Henry S. Stiles,

Westfield.
Montgomery.

11th,

J Tolland, . . !
Blandford,
Chester, .
^Russell, .

Edwin Gilbert,

Southwick.

COUNTY OF FRANKLIN.

1st,

'Erving, .

Warwick,

Orange, .
,New Salem, .

James W. Emery, .

Orange.

2d,

'Montague,

Sunderland, .
^ Leverett, . . >-

Shutesbury, .
[ WeudeU,

Ralph A. Field,

Leverett.

400

House of Representatives.
COUNTY OF FRANKLIN — CoNCLtTDED.

3d,
4th,

5th,
6th,

Tovm or Ward.

Name of Representative.

( Greenfield,

^Gill, ■ .
( Shelburne,

( Deerfield,
■} Conway,
(Whately,

rNorthfield,
I Bernardston,
■{ Leyden, .
Colrain, .
[_ Heath, .

' Ashfield,
Buckland,
Charlemont,
Hawley, .
Rowe,

^Monroe, .

Alanson K. Hawks,

Charles P. Aldrich,

Orson B. Curtis,

Nelson Gardner,

Shelburne.

Deerfield.

Colrain.

Ashfield.

COUNTY OF BERKSHIRE.

1st,

2d,
3d,

4th,
5th,

' Hancock,
Lanesborough,
New Ashford,
Williamstown,

^ Clarksburg,

Adams, .

I Pittsfield,
( Dalton, .

f Florida, .

Savoy, .

Cheshire,

AVindsor,

Washington, .

Peru,
_ Hinsdale,

rBecket, .
J Lee,
1 Otis,
[^ Tyringham, .

Daniel N. White,

Job K. Anthony,
Charles H. Ingalls, .

Jarvis N. Dunham, .
Solomon N. Russell,

John W. Curtice,

Sidney Barnes,

Hancock.

Adams.
Adams.

Pittsfield.
Pittsfield.

Hinsdale.

Becket.

House of Representatives.

COUNTY OF BERKSHIRE — Concluded.

401

6th,

7th,

8th,

Town or Ward.

Name of Representative.

r Richmond,
J Lenox, .
j Stockbridge, .
[West Stockbridge,

TAlford, .
J Egremont,
1 Great Barrington,
t Monterey,

{Mt. Washington,
New Marlborough,
Sandisfield,
Sheffield,

Hiram N. Cooke,

William B. Bliss,

Henry M. Wilcox,

Lenox.

Gt. Barrington.

Sandisfield.

COUNTY OF NORFOLK.

1st,

2d,
3d,

4th,
5th,
6th,

7th,
8th,
9th,

5 Dedham,
I Norwood,

Brookline,

Hyde Park,

( Milton, .
I Canton, .

< Quincy, .
( Weymouth,

( Braintree,
} Holbrook,

r Randolph,
J Stoughton,
I Sharon, .
[Walpole,

f Franklin,
1 Foxborough,
-( Wrentham,
Bellingham,
[ Med way,

rNeedham,
J Dover, .
1 Medfield,
t Norfolk,

Henry C. Bonney, .

Edward I. Thomas, .
William J. Stuart, .

Edward R. Eager, .

Benjamin S. Lovell,
George F. Hayden, .
Edwin W. Marsh, .

Newton White,

Francis W. Bird,
John T. Flood,

David A. Partridge,
James F. Leonard, .

John Humphrey,

Dedham.

Brookline.
Hyde Park.

Canton.

Weymouth.
Weymouth.
Quincy.

Holbrook.

Walpole.
Randolph.

Medway.
Foxborough.

Dover.

402

House of Representatives.

COUNTY OF BRISTOL.

Town or Ward.

1st,
2d,
3d,

4th,

5th,
6th,
7th.

8th,
9th,

10th,

SAttleborough,
Norton, .
IMansfield,

5 Easton, .
I Raynham,

( Taunton,
I Berkeley,

( Acushnet,
■) Fairhaven,
( Freetown,

(New Bedford, Wards 5
1 1, 2, 3, . .{

5 New Bedford, Wards j
1 4, 5, 6, . .|

( Westport,
I Dai'tmouth,

( Fall River, Wards
1 1,2,3,4. . . .

( Fall River, Wards 5,

^ 6, . . .
( Somerset,

[ Seekonk,
J Swanzey,
I Rehoboth,
[Dighton,

Kame of Representative. Residence.

George Price, .
Abijah T. Wales, .

George C. Belcher, .

Wm. Reed, jun.,
John W. Hart,
John H. Galligan, .

E. G. Moi-ton, jun..

Rufus A. Soule,
Charlas A. Case,

Israel C. Cornish,
Thos. B. Hathaway,

Charles Fisher,*

John W. Cummings,
Hiram B. Coffin,
Patrick M. McGlynn,

Pardon Macomber, .
Andrew J. Jennings,

John A. Lewis,

Attleborough.
Attleborough.

Easton.

Taunton.
Taunton.
Taunton.

Fairhaven.

New Bedford.
New Bedford.

Westport.

Fall River.
Fall River.
Fall River.

Fall River.
Fall River.

Dighton.

COUNTY OF PLYMOUTH.

1st,
2d,

( Hingham,
} Hull,

( Cohasset,
■} Scituate,
( South Scituate,

John D. Long, .
Amos W. Merritt,

Hingham.
Scituate.

* Seat contested ; given to William P. Macomber of Westport.

House of Representatives.
COUNTY OF PLYMOUTH — Concluded.

408

3d,

4th.
5th,
6th,

7th,

8th,

9th,

10th,

11th,

Town or Ward.

Marshfield,
Pembroke,
Hanson, .
Halifax, .

Duxbury,
Kingston,
Plympton,
Carver, .

Plymouth,

■ Wareham,

Rochester,
Marion, .
_ Mattapoisett,

Middleborough ,
Lakeville,

Bridgewater, .
East Bridgewater,

Rockland,
Hanover,

Brockton,

\Vest Bridgewater,

Abington,
South Abington,

Name of Representative.

William C. Oakman,

Philander Cobb,
Charles E. Barnes, .
Noble W. Everett, .

James P. Peirce,
Van R. Swift, .

Ezekiel R. Studley, .

Baalis Sanford, jun.,
Henry B. Packard, .

Henry W. Powers, .

Marshfield.

h.ingston.
PljTnouth.
Wareham.

Lakeville.
Bridgewater.

Rockland.

Brockton.
Brockton.

So. Abington.

COUNTY OF BARNSTABLE.

1st,

5 Sandwich,
( Falmouth,

Isaiah Fish,

Sandwich.

2d,

( Barnstable,
( Mashpee,

Andrew Lovell,

Barnstable.

3d,

\ Yarmouth,
( Dennis, .

Thomas P. Howes, .

Dennis.

4th,

( Harwich,
1 Chatham,

Abiathar Doane,

Harwich.

404

House of Representatives.
COUNTY OF BARNSTABLE — Concluded.

District.

"Ward,

Name of Representative.

Residence.

5th.
6th,

r Brewster, . . "|
J Orleans, . . .1
1 Eastham, . . |

t Wellfleet, . J

(Truro, . . .7
1 Provincetown, . )

Freeman Doane,
Henry Shortle,

Orleans.
Provincetown.

COUNTY OF DUKES.

1st,

' Chilmark,
Edgartown,
■I Gay Head,
Gosnold,

[_ Tisbury,

Benjamin Clough,

COUNTY OF NANTUCKET.

1st,

Nantucket,

Henry Paddack,

Tisbury.

GEORGE A. HARDEN,
ROBERT G. SEYIVIOUR,
O. F. MITCHELL,

Nantucket.

Clerk.

Chaplain.

SergeanUat-Armi.

JUDICIAL DEPARTMENT.

SUPREME JUDICIAL COURT.

. of Boston.

CHIEF JUSTICE

HORACE GRAY,

ASSOCIATE JUSTICES.

JAMES D. COLT, . . . .of Pittsfield.

SETH AMES, of Brookline.

MARCUS MORTON, . ... of Andover.

WILLIAM C. ENDICOTT, . . of Salem.

OTIS P. LORD, . ... of Salem.

AUGUSTUS L. SOULE, ... 0/ Springfield.

SUPERIOR COURT.

CHIEF JUSTICE.

LLN^COLN F. BRIGHAM, . . of Salem.

ASSOCIATE JUSTICES.

JULIUS ROCKWELL, ... 0/ Lenox.

EZRA WILKINSON, ... 0/ Dedham.

JOHN P. PUTNAM, . ... of Boston.

FRANCIS H. DEWEY, . . . of Worcester.

ROBERT C. PITMAN, . . . of New Bedford.

JOHN ^y. BACON, . . . .of Natick.

WILLIAM ALLEN, . . . .of Northampton.

P. EMORY ALDRICH, ... 0/ Worcester.

WALDO COLBURN, . . . of Dedham.
WILLIAM S. GARDNER, . • . of Newton.

406

Judicial Department.

JUDGES OF PROBATE AND INSOLVENCY.

JOHN W. McKIM, Boston,
GEORGE F. CHOATE, Salem,
GEORGE M. BROOKS, Concord, .
HENRY CHAPIN, Worcester, .
WILLIAM G. BASSETT, Easthampton, .
WILLIAM S. SHURTLEFF, Springfield,
CHESTER C. CONANT, Greenfield,
JAMES T. ROBINSON, (North) Adams,
GEORGE WHITE, Needham, .
WILLIAM H. WOOD, Middleborough, .
EDMUND H. BENNETT, Taunton,
JOSEPH M. DAY, Barnstable, .
JOSEPH T. PEASE, Edgarfcown, .
THADDEUS C. DEFRIEZ, Nantucket, .

Suffolk.

Essex.

Middlesex.

Worcester.

Hampshire.

Hampden.

Franklin.

Berkshire.

Norfolk.

Plymouth.

Bristol.

Barnstable.

Dukes.

Nantucket.

REGISTERS OF PROBATE AND INSOLVENCY.

ELIJAH GEORGE, Boston,
ABNER C. GOODELL, Salem,
JOSEPH H. TYLER, Cambridge, .
CHARLES E. STEVENS, Worcester,
LUKE LYMAN, Northampton, .
SAMUEL B. SPOONER, Springfield,
FRANCIS M. THOMPSON, Greenfield,
ANDREW J. WATERMAN, Lenox,
JONATHAN H. COBB, Dedham, .
DANIEL E. DAMON, Plymouth, .
WILLIAM E. FULLER, Taunton, .
CHARLES THACHER, 2d, Yarmouth,
HEBRON VINCENT, Edgartown, .
SAMUEL SWAIN, Nantucket, .

Suffolk.

Essex.

Middlesex.

Worcester.

Hampshire.

Hampden.

Franklin.

Berkshire.

Norfolk.

Plymouth.

Bristol.

Barnstable.

Dukes.

Nantucket.

DISTRICT ATTORNEYS.

OLIVER STEVENS, Boston, .
GEORGE STEVENS, LoweU, .
EDGAR J. SHERMAN, Lawrence, .
ASA FRENCH, Braintree,
GEORGE MARSTON, New Bedford,
HAMILTON B. STAPLES, Worcester,
NEHEMIAH A. LEONARD, Springfield,
DANIEL W. BOND, Northampton, .

Suffolk.

Northern.

Eastern.

South-Eastern.

Southern.

Middle.

Western.

North- Western..

Judicial Department.

407

SHERIFFS.

JOHN M. CLARK, Boston,
HORATIO G. HERRICK, Lawrence,
CHARLES KIMBALL, Lowell,
AUGUSTUS B. R. SPRAGUE, Worcester
HENRY A. LONGLEY, Northampton,
HIRAM Q. SANDERSON, Springfield,
GEORGE A. KIMBALL, Greenfield,
GRAHAM A. ROOT, Pittsfield,
RUFUS C. WOOD, Canton, .
ALPHEUS K. HARMON, Plymouth,
ANDREW R. WRIGHT, Fall River,
LEVI L. GOODSPEED, Barnstable,
FRANCIS C. SJ^HTH, Edgartown, .
JOSIAH F. BARRETT, Nantucket,

. Suffolk.

. Essex.

. Middlesex.

. Worcester.

. Hampshire.

. Hampden.

. Franklin.

. Berkshire.

. Norfolk.

. Plymouth.

. Bristol.

. Barnstable.

. Dukes.

. Nantucket.

CLERKS OF COURTS.

GEORGE W. NICHOLS, Boston, Clerk of the Supreme Judicial
Court for the Commonwealth.

JOHN NOBLE, Boston, Supreme Judicial Court, Suffolk.
J. A. WILL ARD, Boston, Superior Ct., Civil T-,}^
JOHN P. MANNING, Boston, Criminal T., • ) '^^^^^^^•

ALFRED A. ABBOTT, Peabody, . . . Essex.

THEODORE C. HURD, Cambridge, . . Middlesex.

JOHN A. DANA, Worcester, .... Worcester.

AVILLIAM P. STRICKLAND, Northampton, . Hampshire.

ROBERT O. MORRIS, Springfield, . . . Hampden.

EDWARD E. LYMAN, Greenfield, . . . Franklin.

HENRY W. TAFT, Pittsfield, .... Berkshire.

ERASTUS WORTHINGTON, Dedham, . . Norfolk.

WILLIAM H. WHITMAN, Plymouth, . . Plymouth.

SIMEON BORDEN, FaU River, . . . Bristol.

SMITH K. HOPKINS, Barnstable, . . . Barnstable.

SAMUEL KENISTON, Edgartown, . . . Dukes.

GEORGE W. JENKS, Nantucket, . . . Nantucket.

408

IVIembers of Congress.

MEMBERS OF THE FOETY-FIFTH CONGRESS.

[Congressional districts established by Chap. 300, Acts of 1S72, and Chap. 113, Acts of

1876.]

SENATORS.

HENRY L. DAWES, ... 0/ Pittsjield.
GEORGE F. HOAR, ... 0/ Worcester.

representatives.
District L — WH^LIAM W. CRAPO,

n.— BENJAMIN W. HARRIS,
ni. — BENJAMIN DEAN,* .
IV.— LEOPOLD MORSE, .
v. — NATHANIEL P. BAN^S,
VI.— GEORGE B. LORING,
VIL — BENJAMIN F. BUTLER,
VIIL— WILLIAM CLAFLIN,
IX.— WILLIAM W. RICE, .
X.— AMASA NORCROSS, .
XL — GEORGE D. ROBINSON,

of New Bedford.

of East Bridgewater.

of Boston.

of Waltham.

of Salem.

of Lowell,

of Newton.

of Worcester.

of Fitchburg.

of Chicopee.

* Beat of Walbridge A. Field contested ; given to Benjamin Dean, March 28, 1878.

Commonbjraltl) of flassarijusctts.

Secretary's Departmekt, Boston, }
June 24, 1878. \

I certify that the Acts and Resolves contained in this
volume are true copies of the originals, and that the
accompanying papers are transcripts of official records
and returns in this Department.

HENRY B. PEIRCE,

Secretary of the Commonwealth.
52

INDEX

INDEX.

Page
Abatement of taxes, powers of assessors extended, . . .53

Academy, Pierce, in Middleborough, may hold additional real and per-
sonal estate, ....... 21

Accidents on railroads attended with loss of life, notice to be given to
the medical examiner of the county, residing nearest to
place of accident, ...... 12

Action for recovery of dower may be commenced without demand,

when person seised of freehold is unknown, . . .48

Actions, prosecution or defence of, by administrators and executors,

time limited for issuing citation, .... 148

for collection of taxes in the city of Boston, venue of, . . 166

certain, in police, district, and municipal courts, venue of, . 50

Adams, town of, divided, and North Adams incorporated, . . 103

Address of Governor to the legislature, ..... 321

Adjutant-General, to revise and index list of soldiers who served in

the war of the rebellion, ..... 317

Administrators, condition of bonds of, . . . . .112

suits upon debts, claims, and assets sold or assigned by, . .114

Administrators and executors, time limited for citing to prosecute or

defend actions, ....... 148

Adulterated food, penalty for selling, ..... 53

Advertisements of insurance companies, relating to, . . , 60

Agents and brokers, insurance, relating to, ... . 124

Agricultural Society, Bristol county, may receive state bounty, . 29

Agriculture, report of secretary of board of, additional copies to be

printed, ........ 316

Aid to Land Ownership, Board of, incorporated, . . . 108

Alewife and other fisheries in the towns of Bridgewater, West Bridge-
water, East Bridgewater and Halifax, . . .24
American Molded Collar Company, may reduce par value of shares, . 42
Animals, domestic, contagious and infectious diseases among, to pre-
vent spreading, ....... 19

lien upon, for expenses of care and keeping, . . . 152

Animals, domestic, and poultry, associations may be formed for raising

choice breeds of, ...... 112

Antietam Cemetery, in relation to, .... . 307

Index.

Apothecaries and druggists, sale of intoxicating liquors by, regulating,
Appointment and removal of guardians of minors, relating to.
Apportionment of sewer and sidewalk assessments,

Page
149
169
205

Appeopkiations :

Maintenance of Government, —
Supreme Judicial, Superior, Probate and Insolvency, Munici-
pal, Police and District courts and District Attorneys,
salaries, ....•••• 3

Maintenance of Government, additional, —
Legislative, Executive, Secretary's, Treasurer's, Auditor's,
Attorney-General's, Agricultural, Educational and Mili-
tary departments, Tax Commissioners' bureau, Board of
State Charities and Commissioners, .... 6

Maintenance of Government, further additional, —
Legislative and Executive, Agricultural and Military depart-
ments. State printing, State House, miscellaneous, inci-
dental and contingent expenses, . . . .31

for compensation and mileage of members of the legislature, for
compensation of the preacher of the election sermon, and
officers of the legislature, and for expenses of committees, 10
for State Almshouse, State Workhouse, State Prisons, Primary,

Reform and Industrial Schools and State Detective Force, 14
for certain educational expenses, . . . . .24

for certain expenditures authorized in 1877 and previous years, 113
for educational exhibit at Paris Exposition, . . . 144

for the improvement and maintenance of the Troy and Green-
field Railroad and Hoosac Tunnel, . . . .266

for repairs on the state house, ..... 319

for reformatory prison for women, ..... 313

for new state prison at Concord, ..... 315

for enforcing provisions of law relating to Green Harbor Marsh

in Marshfield, .....*. 315

to meet certain expenditures authorized in the year 1878, and

for other purposes, . . ... 300, 303

for knapsacks for the use of the militia, .... 314

for commissioners on contagious diseases among cattle, . . 309

for repairs of buildings at camp ground and arsenal, . . 314

for commissioners on partition and sale of lands in Mashpee, . 316
for State Lunatic Hospital at Danvers, .... 318

Archives, state, relating to indexing, . . . . .308

Armories, rent of, certain cities and towns reimbursed for payments

on account of, . . . . . . . 310

Arms to be issued to Tufts College, . . . . .318

Arrest without a warrant authorized, for violation of certain ordi-
nances and by-laws, ...... 132

Arsenal grounds at Cambridge, buildings to be repaired, . . 314

Ashburnham, town of, reimbursed for armory rent, . . . 310

Ashburnhara Railroad Company, incorporated, . . . .99

Index.

Ill

Page
Assawampsett pond, if Taunton erects dam at, commissioners shall
determine what portion of expense shall be borne by New

Bedford, 100

Assessment and collection of taxes upon personal property held in

tiiist, relating to, ...... 137

Assessments for sewers and sidewalks, apportionment of, . . 205

Assessors of taxes, powers extended relative to abatement of taxes, . 53
Assessors of taxes and selectmen of towns, may be elected for three

years, ........ 208

Associations :

Butchers' Slaughtering and Melting, may increase capital stock, 68
Central Cemetery, of Randolph, incorporated, . . .66

Fusilier Veteran, of the city of Boston, incorporated, . . 116

Old South, in Boston, in favor of, . . . . . 313

Associations, may be formed for raising choice breeds of domestic

animals and poultry, ...... 112

taxation of the property of, . . . . . . 271

cooperative saving fund and loan, under supervision of Com-
missioners of Savings Banks, . . . . .39

cooperative saving fund and loan, taxation of, . . . 205

Assurance Company, Fidelity, of Massachusetts, charter amended, . 97

Attachments, by trustee process, concerning, . ; . . 213

of personal property, officers' fees regulated in making, . . 269

Attleborough Bank, charter revived for purpose of conveying real

estate, ........ 42

Attorney in this Commonwealth, of insurance companies of other

states and countries, upon whom process may be served, . 26
Auditors, compensation awarded to, by the courts, to be paid by the

counties in which appointed, ..... 127

Bail or sureties, surrender of principal by, .... 38

Baker, George G., and Amaziah Mayo, claims against the Common-
wealth submitted to arbitration, .... 319

Ballou, Frederick K., and George Clapp, demands against the Com-
monwealth submitted to arbitration, .... 298

Bank, Attleborough, charter revived for purpose of conveying real

estate, ........ 42

Banks, Savings, payments to depositors may be regulated or limited

by order of the commissioners, . . .51

securities held in pledge or as collateral, ... . .65

commissioners to have supervision of cooperative saving fund

and loan associations, ...... 39

commissioners' report, additional number of copies to be printed, 19
rights of (lepositors in, relating to, . . . . . 215

Banks, Savings, and the receivers thereof, relating to, . . . 207

Barnstable County, commissioners may borrow money for construc-
tion of jail and house of correction, .... 107

Index.

Bets and wagers, recording and registering of, and the buying and
selling of pools, penalties for, ....

Beverly, town of, reimbursed for armory rent, .
Board of Aid to Land Ownership, incorporated, .
Board of Agriculture, report of secretary of, additional copies to be
printed, .......

Board of Education to make certain expenditures in connection with
Paris exposition, .....

Boards of health in towns, election by written ballots, .

Bonds upon appeal in municipal and district courts may be executed

by the attorney of record of the appellant, .
Bonds of executors, administrators, trustees and guardians,
Bonds, replevin, action not to be dismissed on account of defect in.
Bonds or scrip of the State, to be paid in gold coin or its equivalent,
Boston, city of, to maintain portion of Chelsea Bridge, .

city of, powers conferred by statute upon engineers of fire de

partment, transferred to city council, .
city of, streets and ways in, relocation of, .
city of, trustees of public library in, incorporated,
city of, street railway package ticket good for a six cent fare in
the city, issued by any road, to be received by other roads,
city of, may pay certain fees for collection of taxes,
city of, certain municipal courts in, concurrent criminal jurisdic-
tion over the islands and waters of harbor, .
city of, stables in, rebuilding and improvement of,
city of, land in, may be conveyed by land commissioners,
city of, to abate nuisance in flats at Prison Point Bay, .
city of, taxes in, venue of actions for the collection of, .
city of, registration and elections in, relating to, .
city of, police department in, commissioners to be appointed by

the mayor, subject to approval of city council,
city of, wooden building in, may be erected by the Mass. Char-
itable Mechanic Association, ....

city of, mayor to appoint officer to attend criminal courts and

recommend for probation such as may be reformed,
city of, Brighton Avenue Baptist Society in, name established,
city of. Old South Association in, in favor pf , .
Boston and Albany Railroad, the right of the State to take additional
stock in, may be sold, ......

stated monthly meetings of directors to be held, .
Boston, Clinton, Fitchburg, and New Bedford Railroad Company,

may discontinue passenger-station in New Bedford,
Boston and Lowell Railroad Corporation, may widen freight-bridge
over Charles River, ......

Boston and Maine Railroad tracks, crossed by the Lowell and Law-
rence Railroad at South Lawrence, . . . .

Boundary line, established between Hanover and Rockland, .
changed between Hanover and South Scituate, .
established between Maiden and Medford,

Page

123
310

108

.316

144
20

1.37

112

270

31
.52
76

97
129

40
142
144
144
166
194

199

165

146
155

313

206
75

202
57
12
18

Index.

Pace

Bradfonl, town of. election of moderator confirmed,

" Bmttleboro Branch," in the State of Vermont, may be sold by Ver
mont and Massachnsetts Railroad Company,

Bridge, Chelsea, maintenance by Boston and Chelsea, .

across Connecticut River between Springfield and West Spring-
field, county commissioners and town of West Springfield
may borrow money to build, .... 18,1

Connecticut River, between Deerfield and Montague, tolls abol-
ished, .......

Lagoon, maintenance by towns of Tisbury and Edgartown,
Sunderland, commissioners of Franklin County may borrow

money on account of, .
Thurlow's, in Newbury, commissioners of Essex County may
allow for expense of rebuilding,

Bridgewater, town of, alewife and other fisheries in,

Brighton, First Baptist Society in, name changed and doings con
firmed, .......

Brighton Avenue Baptist Society in Boston, name established,

Bristol, second and third district courts of, concurrent jurisdiction in
towns of Freetown and Westport,

Bristol County Agricultural Society, may receive state bounty,

Bristol County, probate court in, terms fixed,

superior court in, terms fixed, ....

supreme judicial court in, cases arising in Dukes and Xantucket
counties may be determined in, . . .

Brockton, town of, water supply for, ....

Brokers and agents, insurance, relating to, .

Browne, Albert G., right of way over Commonwealth's land in town
of North Adams, may be granted to, .

Builders' Loan and Fund Association, revived for purpose of cancel
ling a mortgage, ......

Buildings, imsafe and dangerous, in cities, protection of tlie public
against, .......

Buildings and works, public, security for payment of wages earned
and for materials furnished, ....

Bureau, Disabled Soldiers' Employment, in favor of.

Bureau of Statistics and Labor, to investigate concerning labor per-
formed in the penal institutions of the State, and report to
legislature, .......

Burial of a human body not to take j^lace until proper certificate is
given by clerk, etc., ......

Burial lots and monuments, allowance for, in settlement of estates, .

Burials at public expense of unknown persons found dead.

Butchers' Slaughtering and Melting Association, may increase capital
stock, ........

Butter, substances offered for sale in semblance of, and not made
from milk or cream, to be branded "oleo-margarine,"

153
29

123

155
155

111

29
86
66

110

124

165

152

311

308

127
168
210

Index.

Cahill, Thomas, in favor of, .... .

Cambridge, city of, treasurer and collector may be removed for cause
Cambridge Arsenal, buildings to be repaired,

Camp-ground at Framingham, fence to be erected and buildings re
paired, .......

Camp-meetings, horses not to be provided for within one mile of.
without permission, .....

Cape Cod Ship Canal, time extended for commencing and completing
capital stock reduced, .....

Cattle, penalty on owner of, for trespass on land,
Cattle, contagious and infectious diseases among, in favor of commis
sioners of, ......

Cemetery, Antietam, in relation to, ... .

Maple Grove, proprietors of, incorporated,
Cemetery Association, Central, of Randolph, incorporated,
Change of names, .......

Charles River, freight bridge over, of Boston and Lowell Railroad, may
be widened, ......

harbor lines on, established, ....

Charles-River Basin, harbor lines to be revised, .
Charlestown state prison buildings and land, in relation to,
Chatham, town of, election of moderator legalized,
Checks, transfer, issued by street railway corporations, concerning,
Chelsea, city of, to maintain portion of Chelsea Bridge, .
Third Congregational Church in, incorporated, .
Chelsea Bridge, maintenance of, .
Children, employment of, regulated; attendance at school,

neglected, education and care of, .
Church, United Presbyterian of North America, trustees of general

assembly of, may hold real estate in Massachusetts, .
Citations to executors and administrators to prosecute or defend

actions, time limited for issue of, .

Cities, city physician in, where ex officio a member of the board of

health, to be appointed by mayor for three years,

unsafe and dangerous buildings in, protection of the public

against, ........

voting lists prepared for preceding municipal election, to be
used at elections held between first day of May and the
annual state election, .....

Cities and towns, registers of voters to be kept in,

may pass ordinances and by-laws for protection of travellers on

streets and ways from fall of snow from buildings, .
may furnish pupils in the public schools with stationery,
may establish nautical schools, ....

to take action under law for care and education of neglected
children, .......

City officers, embezzlement by, .....

Page

320

314

28
125

309

307

370

130

312

316

150

210

157

148

215

206

115

157
136

Index.

Page
City physician, when ex officio a member of the board of health, to be

appointed by mayor for three years, . . . .19

City of Boston, mayor to appoint officer to attend criminal courts and

recominend for probation such as may be reformed, . 14G

venue of actions for collection of taxes in, . . . 166

to abate nuisance in Prison Point Bay, .... 144

registration and elections in, relating to, . . . . 194

police commissioners ^o be appointed, .... 199

laT\d commissioners may convey land in, . . . . 144

streets and ways in, relocation of, . . . . .52

may pay certain fees, for collection of taxes, . , . 129

to maintain portion of Chelsea Bridge, . . . .29

powers conferred by statutes upon engineers of fire department,

transferred to city council, . . . , .31

stables in, rebuilding and improvement of, . . . 142

trustees of piiblic library in, incorporated, . . .76

street railway package ticket, good for a six-cent fare in the

city, issued by any road, to be received by other roads, . 97
certain municipal courts in, concurrent criminal jurisdiction

over the islands and waters of the harbor, . . .40

wooden building in, may be erected by the Massachusetts

Charitable Mechanic Association, .... 165

City of Cambridge, treasurer and collector may be removed for

cause, ......... 69

City of Chelsea, maintenance of Chelsea Bridge by, . . .29

City of Fall Kiver, charter revised, ..... 174

floating debt may be funded, , . . . .72

terms of Supreme Judicial Court, may be adjourned to, from

Taunton or New Bedford, ..... 71

City of Fitchburg, allowance for armory rent, .... 310

City of Gloxicester, allowance for armory rent, .... 310

City of Ilaverhill, allowance for armorj' rent, .... 311

City of Lowell, allowance for armory rent, .... 311

City of Lynn, common landing-place in, discontinued, . . . 153

City of Newton, may establish grades for drainage and sewerage, . 4S

may lay a main drain in town of VVatertown, . . .43

sewers and drains in, ...... 108

City of New Bedford, water supply for, ..... 100

City of Newburyport, water supply for, ..... 187

allowance for armory rent, ...... 311

City of Salem, may construct a main drain in North Piiver, . . 116

additional alderman for, . . . . , .68

City of Springfield, overseers of poor, city physician to be member of

board, . . . . . , , . 67 '

allowance for armory rent, . ^ . . . . .311

City of Taunton, commissioners of sinking funds made trustees of the

water loan sinking fund, ..... 23

water supply for, , . . . • . . . 100

allowance for armory rent, . . ^ . . . . 311

VIU

IlS'DEX.

City of Worcester, public park and reservoir in, time for taking land
extended, ......

Civil government, list of national, state, district and county officers,
Civil process before trial justices, may be continued by a justice of the

peace, if trial justice is absent, ...

Clapp, George, and Frederick K. Ballon, demands against the Com

monwealth to be submitted to arbitration.
Clerical assistance for registers of probate and insolvency, in case of

the repeal of the United States bankrupt law,
Clerk in the probate office in the county of Suffolk, may be ap
pointed, .......

Cohasset, town of, protection of shores and beaches in,

Coin, gold, or its equivalent, to be used in payment of state bonds.

Collar Company, American Molded, may redu(fe par value of shares

Collection of interest on district taxes, avithorized,

Collection of taxes, in relation to, ....

upon personal property held in trust,
in the city of Boston, venue of actions for.
College, Tufts, charter amended, .....

arms may be issued to, .... .

Commercial fertilizers, licenses issued for sale of,

Commissioner, insurance, to be appointed the attorney of foreign
insurance companies, upon whom process may be served,
returns to be made to, concerning fires, by mayor and aldermen
and selectmen, ......

Commissioner for Massachusetts in Connecticut, Henry E. Taintor
acts confirmed, ......

Commissioners on contagious diseases among cattle, in favor of,
Commissioners, County, of Barnstable, may borrow money for jai
and house of correction, ....

of Essex, may allow to town of Newbury, for expense of re

building bridge over Parker River, ...
of Franklin, may borrow money on account of Sunderland
Bridge, .......

of Franklin, may order money to be paid over for benefit of
county law library, .....

of Hampden, may borrow money to build bridge between

Springfield and West Springfield,
of Worcester, may borrow money to erect addition to court
house, in the city of Worcester, ...

Commissioners, Harbor, to cause compensation to be made for dis
placement of tide water, ....

Commissioners, Land, may convey certain land in Boston,

to have charge of lands of Commonwealth, in Charles Eiver
above Canal Bridge, .....

Commissioners, Police, of the city of Boston, may be appointed by the

mayor, with approval of city council,
Commissioners, Railroad, expenses of, to be borne by railroad and
street railway corporations, ....

Page

46
386

298

215

80
122

42
135
260
137
166

29
318
211

17
309

107

123

52
144

312

199

124

Index.

Pagu

Commissioners to examine records of locations of railroads, and to

prescribe forms in M'hich such records shall be niade, . 96
Commissioners of savings banks, may regulate or limit payments to

depositors, ....... 51

additional number of reports to be printed, . . .19
to have supervision of cooperative saving fund and loan asso-
ciations, ........ 39

Commissioners, special, for alterations in railroad crossings, to be ap-
pointed by superior court, ..... 128

Common victuallers and iunholders, relating to, ... 192

Commonwealth's flats improvement fund, established, . . . 172
Commonwealth's interest in capital stock of the Boston and Albany

Railroad Company, ...... 206

Commonwealth's land, in Charles River above Canal Bridge, in charge

of commissioners, ...... 312

in North Adams, right of way over may be granted to Albert G.

Browne, ........ 165

Company C, Eighth Regiment, Mass. Vol. Militia, allowances to, 307, 309

Compensation of auditors appointed by the courts, . . . 127

Compensation for tide-water displaced, relating to, . . . 51

Compensation of legislature and officers, appropriation for, . . 10

Conant, Chester C, judge of probate, allowance to, . . . 310

Concord, town of, reimbursed for armory rent, .... 310

new State Prison in, appropriation for, .... 315

Concord River, sewage from State Prison not to be discharged into, . 13

Congregational Church, Third, in CJielsea, incorporated, . . 23

Congress, list of members, ...... 408

Connecticut River, fishing in, regulated, .... 106

fishing with sweep seines in, regulated, .... 127

bridge across, between Springfield and West Springfield, county
commissioners and town of West Springfield may borrow
money to huild, ...... 18, 173

bridge across, between the towns of Deerfield and Montague,

tolls may be abolished, . . . . . .72

Contagious and infectious diseases among cattle, in favor of commis-

' sioners of, ...... . 309

Contagious and infectious diseases among domestic animals, to pre-
vent spreading of, . . . . . .19

Continuance by justices of the peace, of civil process before trial jus-
tices, ........ 38

Contract for state printing, relating to, . . . . . 307

Contracts and expenditures, State, relating to, . . . . 136

Convicts in State Prison, illicit articles not to be conveyed to, . . 95
Cooperative saving fund and loan associations, to be under supervision

of commissioners of savings banks, . . . .39

taxation of, . . . . . . . . 205

Copartnerships and associations, taxation of the property of, . . 271
Corporations, organized under 1870, 224, §§ 3, 4, par value of shares

in, not required to be fixed at $100, . . . .59

Index.

Page

Corporations may be formed for raising clioice breeds of domestic
animals and poultry, . . , . .

to prevent frauds upon, by officers and agents, .
County commissioners of Barnstable, may borrow money for jail and

house of correction, . , . . .

of Essex, may allow to town of Newbury for expense of rebuild

ing bridge over Parker River, . . ^ .

of Franklin, may borrow money on account of Sunderland

bridge, .......

of Franklin, may order money to be paid over for benefit of

county law library, .....

of Hampden, may borrow money to build bridge across Connect-
icut Eiver between Springfield and West Springfield,
of Worcester may borrow money to erect addition to cour

house in city of Worcester, ....

County officers, embezzlement by, ....

County taxes, granted, ......

Court, Probate, may make reasonable allowance from estates, for

burial lots and monuments, ....
in Bristol county, terms fixed,

in Suffolk county, terms fixed, ....
in Worcester county, terms fixed, ....
Court, Superior, continuance of cases nisi in, .

to appoint commissioners for alterations in railroad crossings,
may order division of proceeds of sales of lands in the town of

Mashpee, ......

for the county of Bristol, terms fixed,

for criminal business in the county of Middlesex, time of hold

ing June term, . . • .

for the county of Nantucket, terms fixed.
Court, Supreme Judicial, question of law arising at a trial by coui*

without a jury, may be reported for determination of,
may be adjourned from Taunton or New Bedford to Fall River
in Nantucket and Dukes counties, cases arising in may be de-
termined in county of Bristol, ....
Courts, second and third district, in Bristol, concurrent jurisdiction

in t<nvns of Westport and Fi-eetown, .
municipal in Boston, certain, concurrent criminal jurisdiction

over the islands of the waters of the harbor,
municipal and district, recognizances and bonds in,
police, district, and municipal, venue of actions wlien plaintiffs

live without the Commonwealth,
payment of witnesses in criminal proceedings before,
judgment for defendant not to exceed that which might be

rendered for plaintiff ; set-off, .....
concurrent jurisdiction with superior court over violations of

law regulating sale of liquors by druggists and apothecaries,

and transportation of liquors in violation of law, . 150, 151
Crimes and misdemeanors in the county of Suffolk, persons accused

or convicted of, may be placed on probation, . . 14

112
271

107

123

40
136
306

168

107

128

204

170
71

110

111

40
137

50
103

126

Index. xi

Criminal jurisdiction, concurrent, conferred upon certain municipal

courts in Boston, over islands and waters in the harbor, . 40

Crossing of the tracks of the Boston and Maine Railroad by the Low-
ell and Lawrence Railroad at South Lawrence, . . 202

Crossings, railroad, warning-boards at, . . • . .48

appointment of special commissioner for alterations in, . 128

Cultivation of fishes, concerning, ...... 127

Damage, land, tender and offer of judgment in cases of, . . 150

Damages recoverable for defects of highways and bridges, amount

limited, ........ 213

Dangerous buildings in cities, protection of the public against, . o5

Dan vers, state lunatic hospital at, in favor of, . . . . 318

Deeds, registry of, in Suffolk County, index commissioners to be ap-
pointed by superior court, . . . . .91

Deerfield River, fishing with sweep seines in, regulated, . . 127

Deerfield and Montague, Connecticut River bridge between, tolls abol-
ished, ........ 72

Depositors in savings banks, for better protection of, . . .51

may set off their deposits against debts due to banks, . . 215

Detective force, reorganization of , . . . . . . 193

chief of, to prosecute vagrants, ..... 115

Dike, Abby A., allowed State aid, ...... 306

Dike across East Harbor Creek in Truro, protection of, . . 144

Disabled Soldiers' Employment Bureau, in favor of, . . .311

Discharged female prisoners, in favor of, . . . .311

Diseases, contagious, among cattle, appropriation for commissioners, 309
Diseases, contagious and infectious, among domestic animals, to pre-
vent spreading of, . . . . . .19

Distribution of the annual income of the school fund, relating to, . 171
Distribution of certain reports, provided for, .... 312

Distribution of public documents, .... 216, 312, 317

District courts, recognizances and bonds in, . . . . 137

judgment for defendant not to exceed that which ^ight be

rendered for plaintiff ; set-off, . ■ . . . .126

venue of actions when plaintiffs live without the state, . . 50

payments of witnesses in criminal proceedings, . . . 103

jurisdiction concurrent with superior court over violations of
law regulating sale of liquors by druggists and apothecaries,
and transportation of liquors in violation of law, . 150, 151

District Courts of Bristol, second and third, concurrent jurisdiction

in towns of Freetown and Westport, . . . .111

District, Fire, Number One, in the town of Greenfield, boundaries

established, ....... 203

District, Fire, in the town of Lee, established; existing fire district

dissolved, ....... 143

in the town of Lenox, may be established, . . « . 158

xii Index.

Page
District, Fire, in tlie town of Pittsfield, sidewalks, sewers, and main

drains in, ....... 80

District taxes, collection of interest on, ..... 135

Dividends of joint-stock fire, marine, and fire-marine insurance com-
panies, ........ 25

Division of flats, during pendency of proceedings for, person acquiring

interest in flats may be made a party, . . . ,69

Documents, public, distribution of, .... . 312

preparation, printing, and distribution of, ... 216
Domestic animals, contagious and infectious diseases among, to pre-
vent spreading, ....... 19

lien upon, for expense of care and keeping, . . . ■ 152

Domestic animals and poultry, associations may be formed for raising

clioice breeds of, ...... 112

Dower, action for recovery of, may be commenced without demand,

when person seised of freeliold is out of the state, . . 48
Drains and sewers, relating to, . . . . . 135, 170

Druggists and apothecaries, sale of intoxicating liquors by, regulated, 149
Dukes County, Supreme Judicial Court in, cases arising in, may be

determined in Bristol County, ..... 110

Duxbury and Cohasset Railroad, may be purchased by Old Colony

Railroad Company, ...... 110

East Bridgewater, alewife and other fisheries in, ... 24

East-Harbor Ci'eek in Truro, dike across, protection of, . . 144

Eastern Railroad, mode of filling vacancies in board of directors, . 11

may make new leases of railroads out of the state at present

leased or operated by it, . . . . . .40

Edgartown, town of, maintenance of Lagoon bridge by, . . 90

Education and care of neglected children, concerning, . . . 157
Education, Board of, authorized to spend money for the educational

exhibit at Paris Exposition, ..... 144
Education, secretary of board of, school committees to make reports

to, concerning enforcement of law relating to truants, . 171
Educational expenses, appropriations for, . . . .24

Eel fisheries in Ipswich River, in the town of Ipswich, preservation of, 149

Election of boards of health in towns, to be by written ballots, . 20

Election of selectmen and assessors of towns, relating to, . . 208

Elections, relating to, , . . . . . . 171

Elections held in cities between the first day of May and the annual

state election, voting lists prepared for preceding municipal

election to be used at, . . . . . . 215

Elections and registration in the city of Boston, relating to, . . 194

Ely, Lyman A., acts done as a justice of the peace, confirmed, . 67

Embezzlement, venue of prosecutions for, . . . . 7o

Embezzlement by town, city and county officers, relating to, . . 136

Emplo3'ment of children, regulated ; attendance at school, . . 210

Index.

Xlll

Employment Buroau, disabled soldiers, in favor of, .
Essex county, additional master in chancery may be appointed for, •
commissioners may allow to town of Newbury, for expense of re-

buildinj; bridge over Parker River, ....
Estates of persons deceased, allowance from by judge of probate, for

burial lots and monuments, .....

Estates, trust, relating to, ......

Everett Congregational Society, name establislied and proceedings

confirmed, .......

Executors, condition of bonds of, .

suits upon debts, claims, and assets, sold or assigned by,
Executors and administrators, citations to prosecute or defend actions,

time limited for issue of, .... •

Exempted from taxation, persons and property, ....
Expenditures and contracts, state, relating to, .
Explosive compounds, rules regulating transportation to be published

in ncM'spapers, . . .

Explosive compounds and dangerous substances in the city of Boston,
Exposition, Paris, appropriation for educational exhibit at,
Eye and Ear Infirmary, Massachusetts Charitable, in favor of,

311
54

123

168
208

17
112
114

148
151
136

144

309

Fall River, city of, charter revised, ..... 174

city of, floating debt may be funded, . . . ,72

city of, terms of Supreme Judicial Court may be adjourned to,

fi-om Taunton or New Bedford, . . . .71

Farcy or glanders, to prevent spreading among horses and mules, . 20
Feeble-Minded Youth, Massachusetts School for, appointment of

trustees, ........ 90

in favor of, . . . . . . . • 308

Fees of officers in making attachments of personal property, . . 269

Fees of special and trial justices in inquests, .... 172

Female prisoners, discharged, in favor of, . . . .311

Fertilizers, commercial, licenses to be issued for sale of, . .211

Fidelity Assurance Company of Massachusetts, charter amended, . 97
Fire District, Number One, in the town of Greenfield, boundaries

established, 203

Fire district in the town of Lee, established, .... 143

in the town of Lenox, may be established, . . . 158
in the town of Pittsfield, sidewalks, sewers, and main drains

in, 80

Fire insurance companies of other states, authorized to issue policies
upon both cash and mutual plans, may issue policies for

cash premiums wholly, ...... 13

Fire insurance companies, mutual, organized under 1872, 375, not to
issue policies until §500,000, in sums not exceeding $2,500

on any one risk, has been subscribed to be insured, . . 24

Fire insairance policy, not to be issued in excess of value of property, 94
54

XIT

Index.

Page
Fire insurance companies, mutual, with guarantee capital, may issue

policies upon the joint stock plan, . . . . 101

Fire and life insurance, policies of, misrepresentations in application
for, not to be deemed material unless made with intent to

deceive, ........ 114

Fire, marine, and fire-marine insurance companies, dividends of, . 25
Fire and marine and marine insurance companies, mutual, may re-
duce permanent funds to $500,000, .... 38

Fires, returns concerning, to be made by mayor and aldermen and

selectmen, to the insurance commissioner, . . .70

First Baptist Society in Brighton, name changed and doings confirmed, 155

First Congregational Society in Marion, name established, . . 78

Fisher, Charles, in favor of, ..... . 319

Fisheries, alewife and other, in the towns of Bridgewater, East Bridge-
water, and West Bridgewater, . . . . .24

eel, in Ipswich River, preservation of, . . . . 149

oyster, for pi-otection of , , . . . . . 131

Fishes, cultivation of, concerning, ..... 127

Fishing with sweep seines regulated, in the waters of the Connecticut,

Westfield, Merrimack, Nashua and Housatonic rivers, . 127

in Connecticut River, regulated, ..... 166

Fitchburg, city of, reimbursed for armory rent, .... 310

terms of probate court in, . . . . . .91

Fitchburg Railroad Company may join with Vermont and Massachu-
setts Railroad in conveyance of the "Brattleboro Branch," 153
Flats, Commonwealth's, improvement fund, .... 172

division of, person acquiring interest in during pendency of

proceedings for, may be make a party, . . .69
Food adulterated with substance injurious to health, penalty for sell-
ing, ........ 53

Foreign insurance companies, to make deposit of securities for benefit

of policy-holders in this state, before insuring, . . . 92

Foreign wills, relating to proof of, ..... 148

Fourth Congregational Precinct in Rochester, name changed and acts

legahzed, •...*... 78

Fowl, penalty on owner of, for trespass on land, .... 125

Framingham, camp ground at, fence to be erected and buildings re-
paired, ........ 314

Framingham and Lowell Railroad Company may issue preferred stock, 98
Franklin County, commissioners may borrow money on account of

Sunderland bridge, . . . . . .42

law library, provision for payment of money for benefit of, . 14

Troy and Greenfield Railroad in, location confirmed, . . 154
Frauds upon corporations, penalty on officer for converting money to

his own use, ........ 271

Frauds in tlie sale of sewing thread, to prevent, . . . 125
Freetown, town of, concurrent jurisdiction of second and third dis-
trict courts of Bristol in, .... . Ill

Fund, Commonwealth's flats improvement, established, . . 172

Index.

Fund, school, distrihutlon of annual income of,

Funeral expenses, allowance by probate court for,

Fusilier Veteran Association, of the city of Boston, incorporated,

Page
171
169
110

Gas meters, inspector of, expenses of ofBce, .... 166

Glanders and farcy among horses, to prevent spreading of, . . 20

Gloucester, city of, reimbursed for armory i"ent, . . . 310
Gold coin, or its equivalent, to be used in payment of bonds and scrip

of the state, ....... 13

Governor, address of, to legislature, ..... 321

special messages to legislature, ..... 357

Governor and council, to examine and report concerning enlargement

of the state house, ...... 319

Grace Methodist Episcopal Free Church of Worcester, name estab-
lished, 203

Grain stored in public warehouse, title to pass upon indorsement and

delivery of warehouseman's receipt, . . . .65

Green Harbor Marsh in Marshfield, expense of enforcing provisions of

law in relation to, provided for, .... 315

Greenfield, town of, fire district number one in, boundaries established, 203
establishment of passenger station in, and reimbursement for

land damages, ....... 272

establishment of union freight depot in, . . . . 275

Guardians of minors, appointment and removal of, . . . 169

Guardians and trustees, bonds of, ..... 112

Halifax, town of, alewife and other fisheries in, .

Hampden, town of, incorporated, .....

Hampden County, commissioners may borrow money to build bridge

between Springfield and West Springfield,
Hanover and Rockland, boundary line established,
Hanover and South Scituate, boundary line established.
Harbor commissioners, to ascertain amount of tide water displaced

and cause compensation to be made therefor,
Harbor lines on Charles River established,
Harbor lines in Charles River basin, revision of,
Hardwick, town of, allowance to, .
Haverhill, city of, reimbursed for armory rent, .
Hawkers and pedlers, relating to, .
Hay, pressed, may be sold without crate being branded.
Health, public, offences against, penalties for, .
Health, boards of, in towns, election by written ballots.
Highways, townways, causeways and bridges, amount recoverable for

damages caused by defects in, limited,
Holyoke, town of, water supply for, ....

24
60

18
57

52
130
312
307
311
156
107
53
20

213
164

XVI

Index.

Page
Hoops, inspection and sale of, . . . . . .78

Hoosac Tunnel and the Troy and Greenfield Kailroad, management of, 142

union freight depot in Greenfield, ..... 275

union passenger station in Greenfield, and reimbursements for

land damages, ....... 272

detailed statement of expenses to be made by manager in his

monthly report, ....... 167

appropriation for maintenance and improvement of, • . 266

Horses, penalty on owners of, for trespass on land, . . . 125
Horses and other domestic animals, lien upon, for expense of care

and keeping, ....... 152

Hospital, State Lunatic, at Danvers, in favor of, ... 318

at Taunton, additional building for, .... 310

Housatonic River, fishing with sweep seines in, regulated, . . 127

Hull, town of, protection of shores and beaches in, . . . 122

Idiotic and feeble-minded youth, Massachusetts school for, appoint-
ment of trustees, ...... 90

in favor of ........ . 308

Immanuel Congregational Society, name established, . . .17

Inaugural address of the governor, ..... 321

Income of the school fund, distribution of, . . . ~ . 171
Indexes in the Registry "of Deeds in the County of Suffolk, commis-
sioners on, to be appointed by Suijerior Court, . . 91
Indexing of state archives, relating to, . . . . . 308

Indictments for embezzlement by town, city, or county officers, . 136
Infectious and contagious diseases among domestic animals, to prevent

spreading of, . . . . . . .19

Infirmary, Eye and Ear, Massachusetts Charitable, in favor of, . 309
Injury caused by defects of highways, town ways, causeways, or

bridges, amount recoverable for, limited, . . . 213

Innholders and common victuallers, relating to, ... 192

Inquests, fees of justices, ...... 172

Insane married women, support of, .... . 148

Inspection and sale of hoojas, ...... 78

of lime and lime casks, ...... 50

Inspection and survey of lumber, ornamental wood and ship timber, 47

Inspector of gas meters, expenses of office of, . . . . 166

Institutions, literary, benevolent, charitable and scientific, real estate

of, 155

Institutions of the state, penal, work done at, to be investigated and

reported upon by the Bureau of Statistics of Labor, . 308
Insurance, fire and life, misrepresentations in applications for policies
of, not to be deemed material unless made with intent to

deceive, ........ 11*

Insurance, transaction of business of, regulated, . . , 157

Insurance agents and brokers, embezzlement by ; agents of companies, 124

Index. xvii

Page
Insurance commissioner, returns concerning fires to bo made to, by

mayor and aldermen and selectmen, . • . .70

duties in connection with cooperative saving fund and loan

associations, transferred to commissioners of savings banks, 39

to be appointed the attorney of foreign insurance companies

upon whom process may be served, . . . .27

Insurance companies to advertise liabilities as well as assets, . . CO

not to insure in excess of value of property, . . . 94

joint-stock fire, marine, and fire-marine, dividends of, , . 25

mutual fire, with guarantee capital, may issue policies upon

the joint-stock plan, ...... 101

mutual fire, organized under 1872, 375, not to issue policies until
$500,000 in sums not exceeding $2,500 on any one risk has
been subscribed to be insured, . . . . .24

mutual marine, and mutual fire and marine, may reduce per-
manent funds to §500,000, when exceeding that amount in
cash, ........ 38

fire, of other states, axithorized to insure upon both cash and

mutual plans, may issue policies for cash premiums wholly, 13

of otlier states and countries, shall appoint the insurance com-
missioner their attorney on whom process may be served, 26

foreign, to make deposit of secui-ities for benefit of policy hold-
ers, in this state, before insiu-ing, . . . .92
Interest on district taxes, collection authorized, .... 1.35
Intoxicating liquors, sales by druggists and apothecaries, regulated ;
concurrent jurisdiction of district, municipal, and police
courts with superior court, ..... 149

transportation of, in violation of law, .... 151
Ipswich River, eel fisheries in, to be preserved, .... 149

Joint-stock, fire, marine, and fire-marine insurance companies, divi-
dends of, . . . . . . . .25

Judgment, offer of, in land-damage and lien cases, . . . 150

Judicial department, ....... 405

Jurisdiction of trial justices in certain criminal cases, extended, . 112

Jurisdiction, concurrent criminal, of certain municipal courts in Bos-
ton, over llie islands and waters of the harbor, . . 40
Justice of the peace, acts done by Lyman A. Ely, confirmed, . . 67
acts done by Harvey Kirkland, confirmed, . . .18
Justices of the peace, may continue civil process before trial justices,

if trial justice is absent, . . . . .38

Justices, trial, civil process before, may be continued by a justice of

the peace, if trial justice is absent, . . . .38

jurisdiction extended in certain criminal cases, . . . 112

judgment for defendant not to exceed that which might be

rendered for plaintiff ; set-off, ..... 126

fees of, in inquests, ....... 172

XVlll

Index.

King, Foster, allowance to, .....

Kirkland, Harvey, acts done as a justice of the peace confirmed,
Knapsacks for tlie use of the volunteer militia, appropriation for.

312

314

Labor performed in the penal institutions of the state, to be inves-
tigated and reported upon by the Bureau of Statistics of

Labor, ........ 308

Labor and materials used in constructing public works, to insure pay-
ment for, ....... 152

Lagoon Bridge, maintenance and repair by towns of Tisbury and Ed-

gartown, ....... 90

Land, trespass on, from sheep, cattle, horses, swine or fowl, . . 125

Land and buildings of the old state prison at Charlestown, concerning, 316

Land-damage and lien cases, tender and offer of judgment in, . 150

Land commissioners, may convey certain land in Boston, . . 144
to have charge of lands of Commonwealth in Charles River,

above Canal bridge, ...... 312

Land of the Commonwealth in the town of North Adams, right of

way over, may be granted to Albert G. Browne, . . 165
in Charles River, above Canal bridge, in charge of land commis-
sioners, ........ 312

Land Ownership, Board of Aid to, incorporated, . . . 108

Landing place, common, in the city of Lynn, discontinued, . . 153
Lanesborough ministerial fund, distribution of, . . . .20

Law, question of, arising at a trial by court without a jury, may be re-
ported for the determination of supreme judicial court, . 170
Law library of Franklin county, association to be paid such sums of

money as commissioners may order, . . . .14

Lee, town of, fire district established ; existing district dissolved, . 143

Lee Water Company, incorporated, ..... 21

Legislature and legislative committees, testimony given before, not to

be used against witness in criminal proceeding, , . 39

Legislature and oflicers thereof, appropriation for compensation, . 10

Lenox, fire district in, may be established, .... 1-58

Leominster, town of, reimbursed for armory rent, . . . 311
Lexington, town of, may raise money for expenses of draining

meadows, ....... 59

Libby, Rebecca E., allowed state aid, ..... 310

Library, law, of Franklin county, commissioners may allow money to, 14
Library, public, of the city of Boston, trustees of, incorporated, . 76
License commissioners of the city of Boston, powers and duties trans-
ferred to police commissioners, .... 199

Licenses to druggists and apothecaries, for sale of intoxicating

liquors, ........ 149

to innholders and common victuallers, relating to, . . 192
for sale of commercial fertilizers, . . . . .211

Index.

XIX

Page
Lien, upon horses and other domestic animals for expenses of care

and keeping, ....... 152

Lien and land-damage cases, tender and offer of judgment in, . 150
Life and fire insurance, policies of, misrepresentations in applications

for, 114

Lime and lime casks, inspection and sale of, . . . .50

Liquors, intoxicating, sale by druggists and apothecaries, regulated;

municipal, district, and police courts to have concurrent

jurisdiction with superior court, .... 149

transportation of, in violation of law, .... 151
List of Massachusetts soldiers who served in the war of tlie rebellion,

to be revised and arranged alphabetically, . . . 317
Loan associations, cooperative saving fund and, under supervision of

commissioners of saving banks, . . . .39

taxation of, . . . . . . . . 205

Loan and F,und Association, Builders', corporation revived for purpose

of cancelling a mortgage, ..... 41

Location of Troy and Greenfield Railroad in county of Franklin, con-
firmed, ........ 1.54

Locations of railroads, records of, to be examined by commissioners,

and forms prescribed in which they shall be made, . . 96

Lowell, city of, reimbursed for armory rent, .... 311
Lowell and Lawrence Railroad, crossing the tracks of the Boston and

Maine Railroad at South Lawrence, relating to, . . 202

Lumber, price of, may be collected, if measured by unsworn measurer, 48

Lumber, ornamental wood and ship timber, inspection and survey of, 47

Lunatic Hospital, State, at Taunton, additional building provided for, 310

at Danvers, in favor of, . . . . ... 318

Lynn, city of, common landing place in, discontinued, . . . 153

Main Street Methodist Episcopal Society in Cambridge, name changed, 203
Maiden and Medford, towns of, boundary line established, . . 18

Maiden, Medford, and Melrose, towns of, water loan sinking funds, . 41
Management of the Hoosac- Tunnel and the Troy and Greenfield

Railroad, ........ 142

Manufacturing companies, copartnerships and associations, taxation

of, 271

Maple Grove Cemetery, proprietors of, incorporated, . . .74

Marblehead, port of, appointment of pilots regulated, . . .28

town of, may raise money for a portrait and commemorative

tablet, ........ 58

town of, allowances to Company C, Eighth Regiment, Mass.

Vol. Militia, for services and losses at conflagration in, 307, 309
Marine insurance companies, dividends of, . . . .25

Marine and fire and marine insurance companies, mutual, may reduce

permanent funds to $500,000, ..... 38
Marion, First Congregational Society in, name established, . . . 78

XX Index.

Marlborough, town of, reimbursed for armory rent, . • . 311

Married women who are insane, support of, . . . . 148

Marslifield, town of. Green Harbor Marsh in, relating to, . . 315
Mashpee, town of, payment of expenses provided for in connection

with certain lands in, . . . . . .316

payment of charges for services of commissioners provided for, 43

proceeds of sales of land in, to be divided, . . . 204

Massachusetts, Fidelity Assurance Company of, charter amended, . 97

Massacliusetts bonds or scrip, to be paid in gold coin or its equivalent, 13

Massachusetts Central Railroad, time extended for applying for land

damages, ........ 28

Massachusetts Charitable Eye and Ear Infirmary, in favor of, . . 309
Massachusetts Charitable Meclianic Association, may erect a wooden

building in Boston, ...... 165

Massachusetts School for Idiotic and Feeble- Minded Youth, appoint-
ment of trustees for, ...... 90

in favor of, . . . . . . . . 308

Master in Chancery for Essex county, additional, may be appointed, . 54
Mayo, Amaziah, and George G. Baker, claims against Commonwealth

referred to arbitrators, ...... 319

Mechanic Association, Massachusetts Cliaritable, may erect a wooden

building in Boston, ...... 165

Medford, town of, reimbursed for armory rent, .... 311

Medford and Maiden, towns of, boundary line established, . . IS

Medford, Maiden, and Melrose, towns of, water loan sinking funds, . 41
Medical examiner, to be notified in case of accident on railroad at-
tended with loss of life, . . . . .12

Melrose, water loan sinking fund, . . . . .41

Members of Congress, ....... 408

Merrimack River, fishing with sweep seines in, regulated, . . 127

Messages of the governor to the legislature, .... 357

Metliodist Episcopal Church in Worcester, Main Street, name changed, 203
Methodist Episcopal Free Church of Worcester, Grace, name estab-
lished, 203

Metric system of weights and measures, . . . * . 269
Middleborough, Pierce Academy in, may hold additional real and per-
sonal estate, ....... 21

Middlesex county, superior court for criminal business, time of hold-
ing June term, ....... 12

Militia, enrolment of; organization of the volunteer militia and for

tlie public defence, '....... 220

knapsacks to be furnished to, .... . 314

volunteer, code of regulations for, . . . . .319

Millbury, town of, reimbursed for armory rent, . . . . 311

Miller's River, fishing with sweep seines in, regulated, . . . 127
Ministerial fund in the town of Lanesborough, distribution of income, 20
Minor whose father is deceased ; certain projierty exempted from tax-
ation, ........ 151

Minors, guardians of, appointment and removal of, . . . 169

Index.

XXI

rage

Molded Collar Company, American, may reduce par value of shares, . 42
Monson, state primary school at, in favor of, . . . . 313

Montague and Deerfield, Connecticut River bridge between, tolls

abolished, ....... 72

Monuments and burial lots, allowance for, from estates of deceased

persons, . . • . . . ' . . 168

Mortgages, payment of, protected by policies of fire insurance, . 95

Municipal courts, judgment for defendant not to exceed that which

might be rendered for plaintiff ; set-off, . . . 126

venue of actions when plaintiffs live without the state, . . 50

payment of witnesses in criminal proceedings before, . . 103

recognizances and bonds in, ..... 137

jurisdiction concurrent with superior court concerning sale of
liquors by druggists and apothecaries, and transportation of
liquors in violation of law, .... 150, 151

in Boston, certain, concurrent criminal jurisdiction over the

islands and waters of the harbor, . . . .40

Murphy, Timothy, granted an annuity, ..... 308

Mutual fire insurance companies organized under 1872, 375, not to
issue policies until $500,000, in sums not exceeding $2,500
on any one risk, has been subscribed to be insured, . . 24

fire insurance companies with guarantee capital, may insure

upon the joint-stock plan, ..... 101

marine and mutual fire and marine insurance companies, may

reduce permanent funds to $500,000, . . . .38

Mystic River Corporation, time extended for completion of improve-
ments, ........ 11

Xames changed, .......

Xantucket, county of, superior court in, terms fixed, .

supreme judicial court, cases arising in, may be determined in
county of Bristol, .....

Narrow-gauge railroad in Sterling and Princeton,
Nashua River, fishing with sweep seines in, regulated, .
Nautical schools, may be established by cities and towns.
New Bedford, city of, water supply for, ....

terms of supreme judicial court in, may be adjourned to Fall
River, .......

passenger station may be discontinued by the Boston, Clinton
Fitchburg, and New Bedford Railroad,
New York and New England Railroad Company, may construct ap
proaches to property on west side of Fort Point Channel,
to provide another passenger station in Newton Centre ; freight
station, .......

Newbury, town of, may be indemnified for expense of rebuildin;

Thurlow's bridge over Parker River, .
Newburyport, city of, to be supplied with water,

reimbursed for armory rent, . . . ' .

370

110
87
127
115
100

123

187
311

xxu

Index.

Newton, city of, may establish grades for drainage and sewerage,
may lay a main drain in the town of Watertown,
may take streams or water courses for purposes of drainage and
sewerage, ......

Xewton Centre, another passenger station to be provided in, by New

York and New England Railroad Company, .
North Adams, town of, incorporated, ....

right of way over land of Commonwealth may be granted to
Albert G. Browne, .....

union passenger station to be established in.
Nuisance in the city of Boston, abatement of, .

Page

48
43

lOS

79
103

165
267
144

Offer of judgment in land-damage and lien cases.

Officers, town, city, and county, indictments for embezzlement by,

fees, in making attachments of personal property.
Old Colony Railroad Company, may purchase Duxbury and Cohasset

Railroad, .......

Old South Association, in Boston, in favor of, .

Oleo-margarine, substance offered for sale in semblance of butter to

be branded, .......

Ornamental wood, inspection and survey of , .

price of, may be collected although sold by unsealed measure or

measured by an unsworn measurer, .
Over-insurance, prohibited, .....

Overseers of the poor shall bury, at public expense, unknown persons

found dead, ......

Oyster fisheries, for protection of, .

150
136

269

110
313

48
94

210
131

Par value of shares in certain corporations, .... 59

Pardons issued, ........ 358

Paris Exposition, educational exhibit of, appropriation for, . . 144

Parker River, Thurlow's bridge over, town of Newbury may be in-
demnified for building, ...... 123

Passenger station in Greenfield, establishment of; reimbursement for

land damages, ....... 272

Paupers, settlement of, concerning, ..... 138

Payment of witnesses in criminal proceedings before police, district,

and municipal courts, ...... 103

Pedlers and hawkers, relating to, . . . . . . 156

Penal institutions of the state, work performed at, to be investigated
by bureau of statistics of labor, and reported iipon to the
legislature, ....... 308

Penal and reformatory institutions of the state, letter-box to be kept

where prisoners may place letters addressed to principal, . 272
Personal property, attachments of, officer's fees, . . . 269

Index.

XXlll

Pa!,'e

137

21
313

28
80

207

313

311

126

Personal property held in trust, assessment and collection of taxes
upon, . . . .

Physician, city, if a member of the board of health ex oflScio, to be
appointed by mayor, ......

Pierce Academy in Middleborough, may hold additional real and per-
sonal estate, .......

Pilgrim Society of Plymouth, in favor of, ... .

Pilots for the port of Marblehead, appointment of, .

Pittsfield, fire district of, sidewalks, crosswalks, and main drains in, .

Pittsfield and North Adams Railroad, union passenger station at North
Adams, ........

Plantations of timber trees and the tax thereon, concerning, .

Plymouth, Pilgrim Society of, in favor of, ... .

Plymouth, town of, reimbursed for armory rent.

Police commissioners in the city of Boston, may be appointed by the

mayor, subject to approval of city council, . . . 199

Police, railroad, in relation to, . . . . . 64, 131

Police courts, venue of actions, when plaintiffs live without the
state, ........

judgment for defendant not to exceed that which might be
rendered for plaintiff ; set-off, .....

jurisdiction concurrent with superior court over violations of
act regulating sale of liquors by druggists and apothecaries,
and transportation of liquors in violation of law, . 150, 151

payment of witnesses in criminal proceedings before, . . 103

Policies of life and fire insurance, misrepresentations in application
for, not to be deemed material unless made with intent to
deceive, .......

Pollution of rivers, streams and ponds used as sources of water sup
ply, relative to, . . .

Ponds, streams and rivers used as sources of water supply, pollution
of,

Ponds may be measured by selectmen under provisions of 1874, 82,

Pools, buying and selling of, penalties for.

Port of Marblehead, appointment of pilots for, .

Poultry, associations may be formed for raising choice breeds of.

Precinct in Rochester, Fourth Congregational, name changed and pro
ceedings legalized, .....

Presbyterian Church of North America, United, trustees of the Gten
eral Assembly may hold real estate, .

Pressed hay, may be sold without crate being branded, .

Primary school at Monson, State, in favor of, .

Princeton and Sterling, narrow-gauge railroad in,

Printing, state, relating to contract for, ....

Printing and distribution of additional copies of the report of the sec-
retary of the board of agriculture, authorized, . .310

Printing and distribution of public documents, . . . . 216

Prison, state, penalty for conveying articles to convicts in, . . 95

assistant watchmen at, number increased, . . . 268

114

133

1.33

123

28
112

58
107
313

87
307

XXIV

Index.

Prison, state, in Concord, sewage not to be discharged into Concord

River, .......

removal of prisoners to, from state prison in Boston,
appropriations for, ......

Prison for Women, Reformatory, record of conduct to be kept, and

term of imprisonment to be reduced in certain cases,
sentences and commitments to, .
appropriations for, ......

Prison buildings and lands, state, at Charlestown to be disposed of by

governor and council, .....
Prisoners in penal and reformatory institutions may address in writing

the principal, ......

Prisoners, female, discharged, in favor of, . . .

Private schools, teaching to equal that in public schools, and be in the

English language, before approval by school committee,
Probate courts, may allow a reasonable sum from estates of deceased

persons for monuments and burial lots,
Prob^-te and insolvency, registers of, clerical assistance for, in case of

repeal of the United States bankrupt law.
Probate Court, in Bristol County, terms fixed, .

in Suffolk County, terms fixed, ....
in Worcester County, terms fixed, ....
Probate oflSce in the county of Suffolk, clerk may be appointed in,
Probation, persons accused or convicted of crimes in county of Suf

folk, may be placed on.
Proof of foreign wills, relating to, ....

Property of certain manufacturing companies, copartnerships, and as

sociations, taxation of, .
Property, personal, attachments of, officer's fees,
Property, personal, held in trust, assessment and collection of taxes

upon, .......

Property and persons exempted from taxation, relative to.

Proprietors of Maple Grove Cemetery, incorporated.

Prosecutions for embezzlement, venue of, . . .

Protection of travellers from snow and ice falling from buildings.

Protection of camp meetings, concerning,

Protection of the dike across East-Harbor Creek in Truro,

Public buildings and public works, wages earned and materials used

to secure payment for, .....

Public documents, printing and distribution of, .

distribution of, ..... .

Public health, offences against, penalties for.

Public library of the city of Boston, trustees, incorporated.

Public schools, pupils may be furnished with stationery by cities and

towns, .......

Public warehouses, title to property stored in, to pass to jjurchaser by

indorsement and delivery of warehouseman's receipt.

Page

13
43

315

20
269
313

316

272
311

126

168

215
86
91
91

146

148

271
269

137
151
74
70
64
64
144

152

216

312

19
65

Index.

XXV

Page
Railroad commissioners, expense of, to be borne by railroad and street-
railway corporations, ...... 124

to examine records of locations of railroads, and to prescribe

forms in which such records shall be made, . . .96

Railroad corporations, amount of capital stock required before com-
mencing to construct road, ..... 155

stockholders may subscribe for stock upon an increase thereof, 58
in relation to formation of ; capital stock, . . . . 172

Railroad Corporations :

Ashburnham Railroad Company, incorporated, . . .99

Boston and Albany Railroad, stated monthly meetings of direc-
tors to be held, ....... 75

Boston and Albany Railroad, the state's right to take additional

stock in, may be sold, . . . . . . 206

Boston, Hoosac Tunnel and Western Railway Companies in

New York and Vermont, concerning, . . . 280

Boston and Lowell Railroad Corporation may widen bridge

across Charles River, ...... 30

Boston and Maine Railroad, crossing the tracks of, by the

Lowell and Lawrence Railroad, .... 202

" Brattleboro' Branch," in Vermont, maybe sold by Vermont

and Massachusetts Railroad Company, , . . 153

Duxbury and Cohasset Railroad, may be purchased by Old

Colony Railroad Company, ..... 110

Eastern Railroad, method of filling vacancies in board of direc-
tors, ........ 11

Eastern Railroad, may make new leases of railroads out of the

state, at present operated by it, . . . . 40

Fitchburg Railroad, may join with Vermont and Massachusetts

Railroad in conveyance of " Brattleboro' Branch," . . 153

Framingham and Lowell Railroad, may issue preferred stock, . 98

Lowell and Lawrence Railroad crossing the tracks of the Boston

and Maine Railroad at South Lawrence, . . . 202

Massachusetts Central Railroad, time extended for making ap-
plication for land damage, ..... 28

New York and New England Railroad, may construct approaches

to property on west side of Fort Point Channel, . . 74

New York and New England Railroad Company to provide an-
other passenger station in Newton; freight station, . . 79

Old Colony Railroad Company, may purchase Duxbury and

Cohasset Railroad, . . . . . .110

Pittsfield and North Adams Railroad, union passenger station

at North Adams, ...... 267

Springfield, Athol, and North-Eastern Railroad, new corpora-
tion to be formed under name of Springfield and North-
Eastern Railroad Company, ..... 167

153

128

xxvi Index.

Page

Eailboad Corporations — Continued.

Troy and Boston Railroad, concerning, .... 278
Troy and Greenfield Railroad, location. confirmed, . . 154

Troy and Greenfield Railroad and Hoosac Tunnel, management

of, 142

Troy and Greenfield Railroad and Hoosac Tunnel, appropria-
tions for improvement and maintenance of, . . . 266
Troy and Greenfield Railroad and Hoosac Tunnel, passenger

and freight depots to be established at Greenfield, . 272, 275

Troy and Greenfield Railroad and Hoosac Tunnel, reports and

estimates to be made by manager in his monthly report, . 167
Troy and Greenfield Railroad and Hoosac Tunnel, union pas-
senger station at North Adams, .... 267
Troy and Greenfield Railroad in Vermont, otherwise known as
the Southern Vermont Railroad, and certain railroads in
Vermont to be constructed, to unite with Troy and Green-
field Railroad, 278

Vermont and Massachusetts may sell " Brattleboro' Branch,"
Railroad, narrow-gauge, in Sterling and Princeton,
Railroad crossings, warning boards at, .

appointment of special commissioners for alterations in.
Railroad police, in relation to, ..... 64, 131

Railroads, accidents on, attended with loss of life, medical examiner
of the county residing nearest to place of accident to be

notified, 12

Railway corporations, street, in relation to transfer checks, . . 150

Railways in the city of Boston, street, ticket good for a six-cent fare
in the city, issued by any railroad, to be received by other
roads, .......

Randolph, Central Cemetery Association of, incorporated.
Real estate divided after taxation, may have tax apportioned upon the
several parcels thereof, .....

Real estate of literary, benevolent, charitable, and scientific institu-
tions, taxation of, .... .

Real estate taken for taxes, sale of, ... .

Receivers of savings banks, accounts to be examined by commissioners,

Recognizances and bonds in municipal and district courts.

Records of locations of railroads, to be examined by commissioners,

and forms prescribed in which they shall be made, .
Recovery of dower, action may be commenced for, without demand,
when person seised of freehold is unknown or absent from
the state, ....... 48

Reformatory and penal institutions, letter box to be kept where pris-
oners may place letters addressed to principal, . . 272
Reformatory Prison for Women, at Sherborn, record of conduct to be

kept, and term of imprisonment reduced in certain cases, . 20
commitments to be made to, for not less than four months, . 269
appropriations for, ....... 313

Registers of probate and insolvency, clerical assistance for, in case of

repeal of national bankrupt law, .... 215

132

155
169

207
137

Index.

xxvii

Registers of voters in cities and towns, ....

Registration and elections in the city of Boston,

Registration of vital statistics, concerning,

Registry of deeds in the county of Suffolk, index commissioners to be

appointed, ......

Regulations for the militia to be printed and distributed.

Religious societies (see Societies).

Removal of snow and ice from sidewalks in towns,

Replevin bond, action of replevin not to be dismissed on account of

defect in, ......

Reports, certain, distribution provided for.

Rivers, streams and ponds used as sources of water supply, relative to

pollution of, ..... .

Rochester, Fourth Congregational Precinct in, name changed and

proceedings legalized, .....
Rockland and Hanover, boundary line established.

Pasie
206
194

127

91
.319

270
317

1.33

78
57

Sailors and soldiers, poor and indigent, additional pay provided for,

Sale of butter, to prevent deception in, .

Sale of sewing thread, to prevent fraud in, . . .

Sale of intoxicating liquors by druggists and apothecaries, regulated.

Sale of lime and lime casks, relating to, .

Sale of real estate taken for taxes, relating to, . . •.

Sale and inspection of hoops, .....

Salem, city of, may construct a main drain in the North River,

additional alderman for, .....
Saving fund and loan associations, co-operative, under supervision of
commissioners of savings banks,

taxation of, .
Savings banks, report of commissioners, additional copies to be printed,

commissioners to have supervision of co-operative saving fund
and loan associations, ......

pajTnents to depositors may be regulated or limited by order of
commissioners, ......

securities held in pledge or as collateral, .

rights of depositors, in set off, ....

Savings banks and receivers thereof, relating to,
Sawin, John P., granted an annuity, ....
School for idiotic and feeble-minded youth, appointment of trustees for,

in favor of, .
School, state primary, at Monson, in favor of, .
School committees, approval of private schools by,

to report to secretary of board of education concerning truants
and absentees, ......

School fvmd, distribution of income of, .

Schools, nautical, may be established by cities and towns.

Schools, private, approval of, by school committees,

299

70
12.5
149

50
169

78
116

205

51
65
215
207
308
90
308
313
126

171
171
115
126

xx^dii Index.

Pase

Schools, public, pupils may be furnished with stationery by cities and

towns, ........ 19

Scire facias may issue against trustee, although amount of debt and

costs exceeds jurisdiction of court, .... 214

Scrip or bonds of the state, to be paid in gold coin or its equivalent, . 13
Securities held by savings banks and trust companies in pledge or as

collateral, ....... 65

Selectmen of towns, may measure ponds under 1874, 82, . . 95

Selectmen and assessors of towns, may be elected for three years, . 208

Settlement of paupers, concerning, ..... 138

Set-off, in suits before trial justices, and police and municipal courts, 126
Sewage of state prison in Concord, not to be discharged into Concord

Elver, ........ 13

Sewer and sidewalk assessments, apportionment of, . . . 205
Sewers and drains, relating to, . ., . . . 135,170

Sewing thread, quantity of, to be marked upon every spool, etc., . 125
Shares in certain corporations, par value of, . . . .59

Sheep, penalty on owner of, for trespass on land, . . . 125
Shell-fish on the shores and flats of Thompson's Island, not to be

taken without permission, ..... 53

Ship canal. Cape Cod, time extended for commencing and complet-
ing; capital stock reduced, . . . . .28

Ship timber, inspection and survey of, . . . . .47

Sidewalk and sewer assessments, apportionment of, . . . 205
Sidewalks in tcywns, removal of snow and ice from, . . .64
Signs at railroad crossings, relating to, . . . . .48

Slaughtering and Melting Association, Butchers', may increase capi-
tal stock, ........ 68

Snow and ice upon buildings, protection of travellers from, . . 64
upon sidewalks in towns, removal of, . . . .64

Societies: —

Brighton Avenue Baptist Society in Boston, name established, 155
Bristol County Agricultural Society, may receive state bounty, 29
Everett Congregational Society, name established and proceed-
ings confirmed, ....... 17

First Baptist Society of Brighton, name changed and doings

confirmed, ....... 155

First Congregational Society in Marion, name established, . 78
Fourth Congregational Precinct in Rochester, name changed and

acts legalized, ....... 78

Immanuel Congregational Society, name established, . . 17

Pilgrim, of Plymouth, in fdvor of, • . . . . 313

South Maiden Congregational Society, name changed and pro-
ceedings confirmed, ...... 17

The Main Street Methodist Episcopal Church of Worcester,
name changed to the Grace Methodist Episcopal Free

Church in Worcester, ...... 203

Third Congregational Church in Chelsea, incorporated, . . 23

Index.

XXIX

Page
Societies — Continued.

Vine-street Congregational Society in Boston, name changed to

Imraanuel Congregational Society, . . . .17

Soldiers in the war of the Rebellion, lists in the adjutant-general's

office to be revised and indexed, .... 317

Soldiers and sailors, poor and indigent, additional pay for, . . 299

Soldiers' Employment Bureau, disabled, in favor of, . . . 311

Sources of water-supply, pollution of, relative to, . . . 133
South-Maiden Congregational Society, name changed to the Everett

Congregational Society, and proceedings confirmed, . 17
South Scituate and Hanover, boundary line established, . . 12
Southern Vermont Railroad, otherwise known as the Troy and Green-
field Railroad, in the State of Vermont, and other roads to
be constructed, to connect with Troy and Greenfield Rail-
road, 278

Special commissioners for alterations in railroad crossings, to be ap-
pointed by superior court, ..... 128

Special and trial justices, fees of, in inquests, .... 172

Springfield, city of, overseers of poor, city physician to be member of

board, ........ 67

reimbursed for armory rent, ..... 311

Springfield, Athol, and North-Eastern Railroad Company, when trus-
tees sell franchise of, new corporation to be formed, . 167
Springfield and North-Eastern Railroad Company, concerning, . 167
Springfield and "West Springfield, bridge between, county commis-
sioners and town of West Springfield may borrow money

to build, , 18, 173

Stables in the city of Boston, rebuilding and improvement of, . 142

State archives, indexing of, relating to, . . . . . 308

State contracts and expenditures, relating to, . . . . 136

State detective force, reorganization of, . . . . . 193

State house, repairs upon, ....... 319

improvements upon, concerning, ..... 319

State printing, contract for, relating to, . . . . . 307

State prison, penalty for conveying articles to convicts in, . . 95
State prison in Concord, removal of prisoners from state prison at

Boston, ........ 43

sewage not to be discharged into Concord River, . . .13

in relation to ; appropriations, ..... 315

assistant watchmen at, number increased, . . . 268

State prison, buildings and land, old, at Charlestown, concerning, . 316

State tax, apportionment and assessment of, . . . . 282

States Union Telegraph and Telephone Company, incorporated, . 109
Stationery, may be furnished by cities and towns, to pupils in the

public schools, ....... 19

Statistics, vital, registration of, . . . . . . 127

Sterling and Princeton, narrow-gauge railroad in, . . . 87
Stockholders in railroad corporations, may subscribe for additioiial

stock, upon an increase thereof, . . . . 58

XXX

Index.

Page
Streams, ponds, and rivers, used as sources of water supply, relative

to pollution of, . . . . . . . 133

Street railway corporations, concerning transfer checks, . . 150

Street railways in the city of Boston, ticket good for a six-cent fare
in the city, issued by any railroad, to be received by other
roads, ........ 97

Suffolk county, probate office in, clerk may be appointed, , . SO

probate court in, terms fixed, . . . . .91

registry of deeds in, index commissioners to be appointed, . 91
persons accused or convicted of crimes and misdemeanors,

may be placed on probation in, .... 146

Suits upon debts, claims, and assets, sold or assigned by executors

and administrators, . . . . , .114

Sunderland Bridge, county commissioners of Franklin may borrow

money on account of , . . . . . .42

Superior court, continuance of cases nisi, .... 107

to appoint commissioners for alterations in railroad crossings, . 128
any justice of, may order division of proceeds of sale of lands

In Mashpee, ....... 204

to appoint index commissioners for the registry of deeds for

Suffolk County, ....... 91

for the county of Bristol, terms fixed, . . . .66

Superior court for criminal business for the county of Middlesex, time

changed for holding June term, . . . .12

Superior court for the county of Nantucket, terms fixed, . . 68

Support of married women who are insane, .... 148

Supreme Judicial Court, question of law arising at a trial by court

without a jury, may be reported for determination of, , 170

adjournment from Taunton or New Bedford to Fall Eiver, , 71

cases arising in Nantucket and Dukes Counties may be deter-
mined in Bristol County, ..... 110

Surgeon-General, to inquire into number of soldiers and sailors receiv-
ing public aid, and report to legislature, . . . 300
Surrender of i^rincipal, by bail or sureties, . . . . 38

Survey and inspection of lumber, ornamental wood and ship timber, . 47
Swampscott, town of, in favor of , . . . . . . 307

Swine, penalty on owner of, for trespass on land, . . . 125

Taintor, Henry E., of Hartford, Connecticut, acts done as commis-
sioner for Massachusetts, confirmed, , . . .17

Taunton, city of, reimbursed for armory rent, .... 311

water sujiply for, ....... 100

commissioners of the sinking funds, to be trustees of the water

loan sinking fund, ...... 23

terms of Supreme Judicial Court, may be adjourned from, to

Fall River, :...... 71

Taunton, state lunatic hospital at, in favor of, . . . . 310

Index.

XXXI

Tax, State, apportionment and assessment of, .

Taxation of real estate of literary, benevolent, charitable and scien-
tific institutions, ......

Taxation of cooperative saving fund and loan associations, relating to,
Taxation, new plantations of timber trees exempted from, for ten years,

persons and property exempted from, ....

of the property of certain manufacturing companies, copartner-
ships and associations, . . . . •
Taxes, in relation to collection of, ....

sale of real estate taken for, ....

upon personal property held in trust, assessment and collection

of,

on real estate, apportioning, when divided before the payment

of the taxes or sale of the real estate,
upon persons unable to pay, may be abated,
county, granted, ......

district, collection of interest on, authorized,
in the city of Boston, venue of actions for collection of.
Telegraph and Telephone Company, States Union, incorporated,
Tender and offer of judgment in land-damage and lien cases, .
Testimony given before the legislature, not to be used against witness
in any criminal proceeding, ....

Third Congregational Church in Chelsea, incorporated,
Thompson's Island, in Boston Harbor, shell-fish not to be taken from
shores without permission, ....

Thread, sewing, quantity to be marked upon every spool,

Thurlow's bridge in Newbury, expense of rebuilding, .

Tide water, displaced, compensation for, ....

Timber, price of, may be collected, if measured by unsworn measurer
Timber, ship, inspection and survey of, •
Timber trees, plantations of, and the tax thereon,
Tisbury, town of, maintenance of Lagoon bridge by, .

Towns:

Adams, divided, ......

Ashburnham, allowance for armory rent, .
Beverly, allowance for armory rent,
Bradford, election of moderator confirmed,
Bridgewater, alewife and other fisheries in, regulated, .
Brockton, to be supplied with water,
Chatham, election of moderator legalized,
Cohasset, protection of shores and beaches in.
Concord, allowance for armory rent.

East Bridgewater, alewife and other fisheries in, regulated,
Edgartown, maintenance of Lagoon bridge by, .
Freetown, concurrent jurisdiction of the second and third dis
trict courts of Bristol in, ... .

Greenfield, passenger station in, land damages, .
Greenfield, union freight depot in, .

Page

282

155

205

151

271
260
169

137

132

306

1.35

166
109
150

39
23

53
125
123

48
47
94
90

103

310

122

310

111

272
275

xxxu

Index.

Towns — Continued.

Greenfield, fire district number one in, boundaries established,

Halifax, alewife and other fisheries in, regulated,

Hampden, incorporated, . . . . •

Hanover, boundary lines established,

Hardwick, allowance to, .

Holyoke, water supply for, .....

Hull, protection of shores and beaches in,

Lanesborough, distribution of income of ministerial fund,

Lee, to be supplied with water, ....

Lee, fire district in established; existing district dissolved,

Leominster, allowance for armory rent, ...

Lexington, may raise money for expense of draining meadows

Maiden, boundary line- established,

Maiden, water loan sinking fund, ....

Marblehead, may raise money for portrait and commemorative

tablet, .......

Marlborough, allowance for armory rent, .
Mashpee, proceeds of sale of lands in, to be divided,
Mashpee, payment of charges for services of commissioners

provided for, ......

Mashpee, payment of expenses incurred in connection with cer

tain lands in, provided for, ....
Medford, boundary line established,
Medford, water loan sinking fund,
Medford, allowance for armory rent,
Melrose, water loan sinking fund, ....
Millbury, allowance for armory rent, ...

Newbury, may be indemnified for expense of rebuilding Thur

low's Bridge, over Parker River,
North Adams, incorporated, ....

North Adams, union passenger station to be established.
North Adams, certain rights of way in, may be granted to Albert

G. Browne, ......

Pittsfield, fire district in, sidewalks, drains, etc., in,

Plymouth, allowance for armory rent,

Rockland, boundary line established,

South Scituate, boundary line established,

Swampscott, in favor of, .

Tisbury, maintenance of Lagoon bridge by,

Truro, dike across East Harbor Creek in, protection of, .

Tyringham, certain acts confirmed,

Wakefield, allowance for armory rent,

Watertown, main drain in, may be laid by city of Newton,

Wayland, to be supplied with water,

West Bridgewater, alewife and other fisheries, regulated,

Westford, allowance for armory rent.

West Springfield, main drains and common sewers in, .

West Springfield, may borrow money on account of free bridge

across Connecticut River, . . . . .

Page

203

12,57

307

164

122

143

311

58
311
204

316
18
41

311
41

311

123
103
267

165
80

311
57
12

307
90

144

131

311
43
54
24

311
30

173

Index.

xxxui

Towns — Continued.

TVestport, concurrent jurisdiction of the second and third dls
trict courts of Bristol in, ... .

Wilbraham, divided, and Hampden incorporated,
Town officers, embezzlement by, .....

Towns may pass by-laws for protection of travellers on streets and
ways, from fall of ice and snow from buildings,
boards of health in, to be elected by written ballots,
selectmen and assessors of, election of, .
removal of snow and ice from sidewalks in.
Towns and cities, registers of voters to be kept in,

may furnish pupils in the public schools with stationery,
to take action under law for care and education of neglected
children, .......

may establish nautical schools, ....

Transfer checks issued by stree't railway corporations, concerning.
Transportation of explosive compounds, rules regiilating, to be pub
lished in newspapers, .....

Transportation of intoxicating liquors in violation of law,
Travellers on streets and ways in cities and towns, protection of, from

snow and ice falling from buildings, .
Treasurer of the Commonwealth, may sell the state's right to take ad
dition.al stock in the Boston and Albany Railroad, .
authorized to borrow money in anticipation of the revenue,
may procure duplicate sets of the meter and kilogram, .
Treasurer and collector of the city of Cambridge, may be removed for
cause, .......

Trees, timber, plantations of, and the tax thereon,
Trespass on land from sheep, cattle, horses, swine or fowl,
Trial justices, jurisdiction in certain criminal cases, extended,

civil process before, may be continued by a justice of the peace
if trial justice fails to attend, ....

fees of, in inquests, ......

set-off in suits before ; judgment for a defendant not to exceed

that which might be rendered for a plaintiff,
jurisdiction concurrent with superior court concerning sale of
liquors by druggists and apothecaries, and transportation of
liquors in violation of law, .... 150,

Troy and Boston Railroad, concerning, ....

Troy and Greenfield Railroad, location confirmed,

rights of way over the line of, may be granted to Albert G
Browne, .......

Troy and Gi-eenfield Railroad and Hoosac Tunnel, management

of,

certain reports and estimates required of the manager, .
Improvement and maintenance of; appropriations for, .
union passenger station at North Adams, .
passenger station at Greenfield, ....
union freight depot in Greenfield, ....

Page

111

136

20
208

64
206

157
115
150

11
151

206
316
269

125

112

38
172

126

151

278
154

165

142
167
266
267
272
275

XXXIV

Index.

Troy and Greenfield Eailroad in the State of Vermont, otherwise
known as the Southern Vermont Railroad, and certain rail-
roads in Vermont to be constructed, to connect with Troy
and Greenfield Railroad, ....

Truro, dike across East Harbor Creek in, protection of,
Trust personal property, assessment and collection of taxes upon,
Trust companies, securities held in pledge or as collateral
Trustee process, concerning, .....

Trustees and guardians, bonds of, ....

Trustees and trust estates, relating to, .
Trustees of the General Assembly of the United Presbyterian Church

of North America, may hold real estate in Massachusetts,
Trustees for the Massachusetts school for idiotic and feeble-minded

youth, appointment of, .
Trustees of the public library of the city of Boston, incorporated,
~Tufts College, arms may be issued to, by the governor, .

charter amended, ....*..
Tyringham, town of, certain acts confirmed.

278
144
137
65
213
112
208

90
76

318
29

131

Union freight depot in Greenfield, establishment of, . . . 275

Union passenger station at North Adams, to be provided, . . 267

Union Telegraph and Telephone Company, States, incorporated, . 109

Unknown persons found dead, may be buried at the public expense, . 210
Unsafe and dangerous buildings in cities, protection of the public

against, ........ 35

Vagrants to be prosecuted by chief of state detective force.
Venue of actions for the collection of taxes in the city of Boston,
Venue of certain actions in police, district, and mxmicipal courts.
Venue of prosecutions for embezzlement,
Vermont and Massachusetts Railroad Company, may sell the " Brattle

boro' Branch," ......

Veteran Association, Fusilier, of the city of Boston, incorporated.

Victuallers, common, and innholders, relating to,

Vine Street Congregational Society, in Boston, name changed to Im

manuel Congregational Society,
Vital statistics, registration of, .

Volunteer militia, organization of, ... .

to be furnished with knapsaclcs, ....
code of regulations for, . . . . .

Mass. 8th Regt., Company C, allowances to, . . 307,

Voters, registers of, to be kept in cities and towns,
Voting lists in cities, prepared for the preceding municipal election,

to be used in cities at elections held between first day of

May and annual state election, . • . ,

115

166

153
116
192

17
127
220
314
319
309
206

215

I>'DEX.

XXXV

Taunton, trustees of,

s of Maiden, Medford and

TTages for personal services attached by trustee process, concerning, .
Wages earned and materials used in constructing public buildings and

public works, to insure payment, ...
Wagers and bets, recording and registering of, penalties for,
Wakefield, town of, reimbursed for armory rent,
Warehouses, public, title to goods in, to pass to purchaser by indorse

ment and delivery of warehouseman's receipt.
Warning boards at railroad crossings, relating to,
Warrant, arrest for violation of certain ordinances and by-laws may

be made without warrant,
Water Company, Lee, incorporated,
Water Loan Sinking Fund of the city of
Water Loan Sinking Fund in the towi

Melrose, .

Water supply, pollution of rivers, streams and ponds used as sources
of,
for the town of Brockton, .
for the town of Holyoke,
for the town of Lee,,
for the city of New Bedford,
for the city of I^ewburyport,
for the town of Wayland, .
Water, tide, displaced, compensation for,

Watertown, town of, city of Newton may lay a main drain in.
Watchmen, assistant, at state prison, number increased,
Wayland, town of, water supply for, ....

West Bridgewater, alewife and other fisheries in,
West Springfield, town of, main drains and common sewers in,

town of, may borrow money for expenses of building bridge
over Connecticut River,
Westfield Elver, fishing with sweep seines in, regulated,
Westford, town of, reimbursed for armory rent, ...
Westport, town of, concurrent jurisdiction of second and third dis

trict courts of Bristol in, ....

■Wliite, George, judge of probate, allowance to, .
Widow, property to amount of $500, exempted from taxation, .
"Wilbraham, town divided and Haraijden incorporated, .
Wills, relating to competency of witnesses to,

foreign, relating to the proof of, .
Witnesses testifying before the legislature or legislative committees

protection of, .
Witnesses in criminal proceedings before police, district, and municipal

courts, payment of.
Witnesses to wills, relating to.
Women, Reformatoiy Prison for, record of conduct to be kept and term
of imprisonment reduced in certain cases,
sentences and commitments to,

Page
214

152
12.3
311

132
21

133
87

164
21

100

187
54
51
43

268
54
24
30

173
127
311

111
309
151

87
148

103

20
^69

XXXVl

Index.

Women, Reformatory Prison for, appropriations for,
Women, unmari-ied, property to amount of §500 exempted fron taxa-
tion, .......

married, who are insane, support of, .

Wood and lumber, inspection and survey of, .
Worcester, city of, public park and reservoir in, time extended for
taking land, ......

Main Street Methodist Episcopal Church of, name changed,
Worcester county, commissioners may borrow money to erect addition
to court house in the city of Worcester,
probate court in, terms fixed, ....

rage
313

151

148
47

203

40
91

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