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

ACTS 



7/ 



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 

OB 

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 

2 



10 



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. 



11 



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. 



12 



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. 



13 



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. 



14 



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. 



V5 



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 



16 



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. 



17 



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 



18 



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. 



19 



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. &,■ 



20 



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. 



21 



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. 



22 



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. 



23 



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. 

Register of 
council. 



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



24 



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. 



25 



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 ''^^®* 



26 



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. 



27 



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'^'^ "■^^ 



28 



CONSTITUTION OF THE 



legislative offi- 
cers. 



See amend- 
ments, Art. Vn. 



Declaration and 
oaths of all offi- 
cers. 



See amend- 
ments, Art. VI. 



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. 



29 



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, 



30 



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. 



31 



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. 



32 



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. 



33 



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- 

5 



Incompatibility 
of offices. 



34 



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. 



85 



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 



36 



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. 



37 



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. 



38 



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. 



39 



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. 



40 



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. 



41 



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 

6 



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- 



42 



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. 



A. 

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 

B. 

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 

c. 

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 

47 



48 



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 

11 

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 

33 

9,22 

10 

40 

10 
6,7 



D. 

Debate, freedom of, in legislature, affirmed, 8 

Declaration of rights, 4 

Delegates to congress, how chosen, 25 

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

District-attorneys, how chosen, 40 

Districts, councillor, how 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. 



49 



E. 



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, 

F. 

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

Fines, excessive, prohibited, 

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



Page 
24 

38 

G 

39 

30 

27 



4 
11 
17 



G. 

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 



17 



31, 



8 

9 

10, 11 

10, 11 

11 

11 

10 

31, 32 

18 

18,34 

9 

9 

3 

3,5 

28, 35 
21 

oo, .j8 
17 
28 

29, .33 
19 
18 
19 
10 
10 
18 

13,39 



50 



INDEX. 




H. 

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 

30 

30 

25, 2G 

26 

27 

43 

15, 16 

15, 16 

41,42 

38, 41 

32,40 

16 

16 

16 

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 



15 

14, 15, 16 
29, 33, 34 

12 
36, 40, 42 

40 



ned, 



J. 

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 

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 

I. 

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 

M. 

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. 

N. 

Page 

Notaries Public, how chosen, 24 

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

o. 

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 

P. 

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. 



63 



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 



Q. 

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 



R. 

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 

5, 35 

35 

38 

36, 37, 41 
12, 37, 42 

21 
. 13, IS 



S. 

Salaries, of judges of supreme court, 9, 22 

Salary, of governor, 21 



54 



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 

40 

40 

7 

24 

24,39 

40 

24,40 

24 

32, 39 

12, 13 

5 

12 

37,42 

38, 42 

15 

17 

15,42 

14, 43 

14 

14 

11 

14 

17 

16, 17 

37, 42 

28, 29 

5 
20 
40 

8 
20 

7 

4 
9,22 



T. 



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

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

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

Tests, religious, abolished, 

Title, of governor, 

" of lieutenant-governor, 

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



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



INDEX. 



65 



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 

15 








8 
24, 39 


-s, 






40 
24 


cl, 






32, 89 








0,7 



u. 

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

V. 

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 



w. 

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



4 
30 



Y. 



Year, political, when to begin and end, 



34 



GENERAL STATUTES AND SPECIAL ACTS 

OF 

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. 



Register — 
Suffolk. 



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. 



10 



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- 



12 



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. 



13 



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. 



14 



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. 



15 



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. 



16 



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 . 



18 



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?' 



20 



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. 



21 



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. 



22 



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. 



23 



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. 



24 



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. 



25 



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 

4 



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. 



26 



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. 



27 



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. 



28 



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. 



29 



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.'" 



30 



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. 



32 



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. 



33 



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. 



34 



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. 



35 



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. 



36 



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. 



37 



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. 



38 



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. 



39 



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- 



40 



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. 



41 



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 

6 



42 



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 



44 



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. 



45 



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. 



46 



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. 



47 



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. 



48 



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 



50 



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. 



51 



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. 



52 



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. 



63 



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. 



54 



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. 



55 



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. 



56 



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, 



57 



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. 



59 



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 



m 



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- 



62 



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 



64 



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. 



65 



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. 



66 



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. 



67 



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. 



68 



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. 



69 



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. 



70 



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. 



71 



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. 



72 



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. 



73 



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 

10 



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. 



74 



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. 



io 



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 



76 



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 



78 



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. 



79 



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. 



80 



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. 



81 



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. 



82 



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. 



83 



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. 



84 



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. 



85 



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 



86 



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. 



87 



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. 



88 



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. 



89 



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 ; 

12 



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. 



90 



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. 



91 



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. 



92 



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 



94 



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. 



95 



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. 



96 



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. 



97 



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- 

13 



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. 



98 



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. 



99 



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- 

14 



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. 



no 



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. 



HI 



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, 

15 



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, 

17 



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 

18 



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. 



Ul 



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 

19 



U6 



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 

20 



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 

21 



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. 

22 



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- 

24 



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 

25 



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- 

26 



■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 

27 



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 

29 



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, ." 



30 



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. 

31 



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 

32 



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." 

3i 



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 

35 



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 

36 



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, .... 

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 


00 


350 


00 


600 


00 


390 


00 


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 

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. 

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 


00 


860 


00 


180 


00 


390 


00 


ISO 00 


510 


00 


420 


00 


260 


00 


630 


00 


770 


00 



1,750 00 

1,540 OO' 

640 00 

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. 



33 



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. 

43 



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 bu