(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

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

ACTS 



RESOLVES 



PASSED BT THE 



§mml (^mi 4 ^muUuii% 



rS THE TEAR 



1879, 



TOGETHER WITH 

THE CONSTITUTION, THE MESSAGES OF THE GOVERNOR, 

LIST OF THE CIVIL GOVERNMENT, CHANGES 

OF NAMES OF PERSONS, 

ETC., ETC. 



PUBUSHED BY THE 

SECRETARY OF THE COMMONWEALTH. 




BOSTON : 
%mti, a&crg, $c do., Ptintera to t\}z ^mman^tzMh 

117 Fbanklin Street. 
1879. 



A CONSTITUTION 

OB 

FOEM OF GOVERNMENT 

TOB THE 

Commontoealtfj of |Has0adjusetts» 



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, thtj 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 it^sliatire! ' 
people covenants with each citizen, and each citizen with 
the whole people, that all shall be governed by certain laws 
for the common good. It is the duty of the people, there- 
fore, in framing a constitution of government, to provide 
for an equitable mode of making laws, as well as for an im- 
partial interpretation and a faithful execution of them ; 
that every man may, at all times, find his security in them. 

We, therefore, the people of Massachusetts, acknowledg- 
ing, with grateful hearts, the goodness of the great 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 
establish the following Declaration of Rights and Frame of 
G-overnment, as the COiSrsTiTUTioi!f OF the Common- 
wealth OF Massachusetts. 



PART THE FIRST. 



Equality and 
natural rights 
of all men. 



Right and duty 
of public reli- 
gious worship. 



Protection 
therein. 



Amendment, 
Art. XL, 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. 

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

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

[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 tlarough 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 seciu-e 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 
legislature shall, from time to time, authorize and require the several 
towTis, parishes, precincts, and other bodies politic, or religious socie- 
ties, to make suitable provision, at their own expense, for tiie institu- 
tion of the i^ublic worship of (iOD, and for the support and mainte- 
nance of public Protestant teachers of piety, religion and morality, in 
all cases whei'e such pi'ovision shall not be made voluntarily. 

* Note. — Articles of the ori;^inal constitution and articles of amend- 
ment thereto wliich 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 hy brackets, but allowed to stand in type uniform with the 
matter still in force. 



COMMONWEALTH OF MASSACHUSETTS. 



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 towns, 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 worship, 
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 
T'eligious sect or denomination, provided there be any on whose instruc- 
tions he attends ; otherwise it may be paid towards the support of the 
teacher or teachers of the parish or precinct in which the said moneys 
are raised. 

And every denomination of Christians, demeaning themselves peace- 
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 estabhshed by law.] 

IV. The 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 oJBfi- 
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- 



Exclusive right 
of electing reli- 
gious teachers 
secured. 



Option as to 
■whom parochial 
taxes may be 
paid, unless, &c. 



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



Accountabilltv 
ofallofflcers.&o. 



Services ren- 
dered to the 
public being the 
only title to 
peculiar privi- 
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 ofllce. 



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



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 qualifications as 
they shall establish by their frame of government, have an 
equal right to elect officers, and to be elected, for public 
employments. 

X. Each individual of the society has a right to be 
protected by it in the enjoyment of his life, liberty and 
property, according to standing laws. He is obliged, 
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. 

XL 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 law 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. 

XHI. 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 contrarj^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 qualilioa. 
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 sus- 
pend the laws or 
their execution. 



Freedom of de- 
bate, &c., 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, 
&c. 



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, 
in 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 by 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 the 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 the}^ 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 Bu- 
prcme judicial 
court. 



Tenure of their 
office. 



Salaries. 



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



PART THE SECOND. 

The Frame of Government. 

The people, inhabiting the territory formerly called the Title of body 
Province of Massachusetts Bay, do hereby solemnly and p^^^'i*'- 
mutually agree with each other, to form themselves into a 
free, sovereign and independent body politic or State, by 
the name of The Commonwealth of Massachusetts. 



CHAPTER I. 

THE LEGISLATIVE POWER. 

Section I. 
The General Court. 

Aet. I. The department of legislation shall be formed Legislative 
by two branches, a Senate and House of Representatives ; ^^^^ "^"^ " 
each of which shall have a negative on the other. 

The legislative body [shall assemble every year on the 
last Wednesday in May, and at such other times as the}^ 
shall judge necessary ; and shall dissolve and be dissolved 

2 



See amend- 
ments, Art. X. 



10 



CONSTITUTION OF THE 



Goyernor'syeto. 



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



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 of 
Massachusetts. 

II. No bill or resolve of the senate or house of repre- 
sentatives shall become a law, and have force as such, 
until it shall have been laid before the governor for his 
revisal ; and if he, upon such revision, approve thereof, he 
shall signify his approbation by signing the same. But if 
he have any objection to the passing of such bill or resolve, 
he shall return the same, together with his objections 
thereto, in writing, to the senate or house of representa- 
tives, in whichsoever the same shall have originated, who 
shall enter the objections sent down by the governor, at 
large, on their records, and proceed to reconsider the said 
bill or resolve ; but if, after such reconsideration, two- 
thirds of the said senate or house of representatives shall, 
notwithstanding the said objections, agree to pass the * 
same, it shall, together with the 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 
may enact laws, 
&c., 



not repugnant 
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, &c. 



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



12 



CONSTITUTION OF THE 



CHAPTER I. 
Section II. 



Senate, number 
of, and by •whom 
elected. 

fine amend- 
ments, Arts. 
Xlll.. XVI. 
andXXa. 



Counties to be 
districts, until, 
&c. 

See amend- 
ments, Arts^ 
Xni. and XXTT. 



Manner and 
time of choosing 
senators and 
councillors. 

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



See amend- 
ments, ArtB.in., 
XX., XXTTT. 
and XXIV. 



Word " inhabit- 
ant " defined. 



Senate. 

[Art. I. There shall be annually elected, by the freeholders and 
other inhabitants of this Commonwealth, 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 the 
districts, into which the Commonwealth may, from time to time, be 
divided by the general court for that purpose: and the general court, 
in assigning the numbers to be elected by the respective districts, 
shall govern themselves by the proportion of the public taxes paid 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 thirteen; and that no district 
be so large as to entitle the same to choose more than six senators. 

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

SufEolk, 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.] 

11. 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 Monday 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 ofiBce 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 toAvns, 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 May, an- 
nually, or it shall be delivered into the secretary's ofBce 
seventeen days at least before the said last Wednesday in 
May ; and the sheriff of each county shall deliver all such 
certificates, by him received, into the secretary's office, 
seventeen days before the said last Wednesday in May.] 

And the inhabitants of plantations unincorporated, q ual- 
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 notifying 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. 

in. And that there may be a due convention of sen- 
ators [on the last Wednesday in May,] annually, the 
governor, with 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 



Selectmen to 
preside at town 
meetings. 



Return of votes. 



See amend- 
ments, Art. n 



Amendments, 
Art. X. 



Inhabitants of 
unincorporated 
plantations, who 
pay State taxes, 
may 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., XIV. and 
XXIV. 

Vacancies, how 
filled. 



QaallfioaUons of 
a senator. 
See amend- 
ments, Arts^ 

xni.andxxn. 



Senate not to ad- 
journ more than 
two days. 



Shall choose its 
ofliccrs and es- 
tablish its rules. 



Shall try all Im- 
pcachments. 



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

V. Provided, nevertheless, that no person shall be 
capable of being elected as a senator, [who is not seised 
in his own right of a freehold, within this Commonwealth, 
of the value of three hundred pounds at least, or 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 Commonwealth 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 impeachments made by the 



COMMONWEALTH OF MASSACHUSETTS. 



15 



house of representatives, against any officer or officers of 
the Commonwealth, for misconduct and mal-administration 
in their offices : but, previous to the trial of every impeach- oath 
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 
from office, and disqualification to hold or enjoy any place 
of honor, trust or profit, under this Commonwealth : but 
the party so convicted shall be, nevertheless, liable to 
indictment, trial, judgment and punishment, according to 
the laws of the land. 

IX. Not less than sixteen members of the senate shall 
constitute a quorum for doing business. 



Limitation of 
sentence. 



Quorum. 



CHAPTER I. 

Section IH. 

House of Representatives. 

Art. 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. 

[II. 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 with the privilege of 
electing a representative, unless there are within the same one hun- 
dred and fifty ratable polls.] 

• And t^e house of representatives shall have power, from 
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 travelling to the general assembly, and 
returning home, once in every session, and no more, shall 
be paid by the government, out of the public treasury, to 
every member who shall attend as seasonably as he can, in 



Representation 
of tbie people. 



Representa- 
tives, by wiiom 
chiosen. 



See amend- 
ments, Arts. 

xn., xin. 

and XXI. 



Proviso as to 
towns having 
less than 150 
ratable polls. 



Towns liable to 
fine in case, &c. 



Expense of trav- 
elling to and 
from the genera! 
court, how paid 



16 



CONSTITUTION OF THE 



Qualifications of 
a representa- 
tive. See 
amendments, 
Arts. XIII., 
XrV. and XXI. 



Qualifications of 
a voter. 



See amend- 
ments, Arts. m., 
XX. and XXUI. 
Representa- 
tives, wlien 
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- 
hers ; to choose 
Its officers and 
establish its 
rules, &c. 
May punish for 
certain offences. 



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 freehold of the value 
of one hundred pounds, within the town he shall be chosen 
to represent, or any ratable estate to the value of two hun- 
dred pounds ; and he shall cease to represent the said town, 
immediately on his ceasing to be qualified as aforesaid.] 

[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 preceduig, having a freehold estate within the same 
town, of the annual income of tliree pounds, or any estate of the value 
of sixty pounds, shall have a right to vote in the choice of a represen- 
tative or representatives for the said town.] 

[V. Tlie members of the house of representatives shall be chosen 
annually in the month of May, ten days at least before the last 
AVednesday 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 bUls. 

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 theii' 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, every 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 tlie 
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 II. 
EXECUTIVE POWER. 

Section I. 



G-overnor. 

Art. I. The're shall be a supreme executive magistrate. Governor, 
who shall be styled — The Governor of the Common- Histitie. 
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- Qualifications 
wealth for seven years next preceding ; and unless he shall, 
at the same time, be seised, in his own right, of a freehold, 
within the Commonwealth, of the value of one thousand 
pounds ; [and unless he shall declare himself to be of the 
Christian religion.] 



To be chosen 
annually. 



See amend- 
ments, Art.Vn. 



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

representatives, within the several towns of this Commonwealth, shall, ha v^a majority 

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, mente^rts.n., 

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 pubUc declaration 
3 



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 up 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 Wednesday in May; and the sheriff shall transmit the 
same to the secretaiy'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, four persons, who had the hijjhest number of votes, if so many shall 
have been voted for; but if otherwise, out of the number voted for; 
and make return to the senate of the two persons so elected; on which, 
the senate shall proceed, by ballot, to elect one who shaU be declared 
governor.] 

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

V. The governor, with advice of council, shall have 
full power and authority, during the session of the general 
court, to adjourn or prorogue the same to any time the 
two houses shall desire ; [and to dissolve the same on the 
day next preceding the 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 require the same ; and in case of any infectious 
distemper prevailing in the place where the said court is 
next at any time to convene, or any other cause happening, 
whereby danger may arise to the health or lives of the 
members from their attendance, he may direct the session 
to be held at some other the most convenient place within 
the State. 



May a<}joum 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. In cascs of disagreement between the two houses, 

j'ourir thrgcn^^' '^^^^ regard to the necessity, expediency or time of adjourn- 

erai court in mcnt Or prorogatiou, the governor, with advice of the 

' council, shall have a right to adjourn or prorogue the gen- 



COMMONWEALTH OF MASSACHUSETTS. 



19 



eral court, not exceeding ninety days, as he shall determine 
the public good shall require. 

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

Provided, that the said governor shall not, at any time 
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 
as persons may be convicted of before the senate, by an 
impeachment of the house, shall be in the governor, by and 



not exceeding 
ninety days. 



'Governor to be 
commander-in- 
cbiof. 



Limitation. 



Governor and 
council may pai 
don oft'ences, 
except, &<■ 



20 



CONSTITUTION OF THE 



But not before 
conviction. 



All judicial ofli- 
cers, &c., bow 
nominated and 
appointed. 
See amend- 
ments, Arts. 
XIV., XVII. 
and XIX. 



Militia officers, 
how elected. 



See amend- 
ments, Art. V. 



How commis- 
sioned. 



Election of 
offlcera. 



Major-generals, 
how appointed 
and commis- 
sioned. 

Vacancies, how 
filled, in case, 

&c. 



Officers duly 
commissioned, 
how removed. 
See amend- 
ments, Ast. IV. 

Adjutants, &c., 
how appointed. 



Adjutant-gen- 
eral. 

Army officers, 
how appointed. 



Organization of 
mllllia. 



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, duly commissioned to command in the militia, shall 
be removed from his office, but 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 (|uartermasters ; 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- 
XL No moneys shall be issued out of the treasury of Money, how 

•' IT 1 n ^ 1 drawn from the 

this Commonwealth and disposed oi (except such sums as treasury, ex- 
may be appropriated for the redemption of bills of credit '^^^^' 
or treasurer's notes, or for the payment of interest arising 
thereon,) but by warrant under the hand of the governor 
for the time being, with the advice and consent of the 
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. 

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

r ' . '^ N , ' . and certani offl- 

superintending onicers oi public magazines and stores, be- cerstomake 
longing to this Commonwealth, and all commanding officers STrMr ^ *''" 
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 quantitj^ 
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. 

XIII. As the public good requires that the governor gaiaryof 
should not be under the undue influence of any of the emor, 
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. 



gov- 



22 



CONSTITUTION OF THE 



Salaries of ju8. Permanent and honorable salaries shall also be estab- 
judfciaicourt!"^ 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. 



Salaries to be 
enlarged, if in' 
suillcient. 



CHAPTER n. 
Section II. 



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

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



How chosen. 



President of 
coimcil. 

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 always 
be a member of the council, except when the chair of the 
governor shall be vacant. 

III. Whenever the chair of the governor shall 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 OP 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- councu. 
ernor in the executive part of the government, to consist gee amend- 
of [nine] persons besides the lieutenant-governor, whom g^'S'^rt. 
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. Nine 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.] 

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

[ IV. Not more than two coimcillors 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 authorit3% 
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. 



Number; from 
whom, and how 
chosen. 

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



Senators becom- 
ing councillors, 
seats vacated. 



Rank of council- 
lors. 



Ko district to 
have more than 
two. 

Register of 
council. 



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



24 



CONSTITUTION OF THE 



Klc'ctions may 
ha aJjourned 
uutll, &.C. 



Ordor 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, imtil the same shall 
be completed. And the order of elections shall be as follows: the 
Tacancies 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, Arta. rV. 
and XVU. 

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



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



CHAPTER II. 
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 secretary, who may appoint his deputies, 
for whose conduct he shall be accountable ; and he shall 
attend the governor and council, the senate and house of 
representatives in person, or by his deputies, as they shall 
respectively require. 



CHAPTER III. 



Tenure of all 
commission offl- 
ccvs to be ex- 
pressed. 

Judicial officers 
to liold oflice 
during good be- 
havior, except, 
&c. 



May be removed 
ou address. 



JUDICIARY ]*OWER. 

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 



II. 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. 

in. 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 any commission, the same may, if necessary, be 
renewed, or another person appointed, as shall most con- 
duce to the well being of the Commonwealth. 

IV. The judges of probate of wills, and for granting 
letters of administration, shall hold their courts at such 
place or pkices, on fixed days, as the convenience of the 
people shall require ; and the legislature shall, from time 
to time, hereafter, appoint such times and places ; until 
which appointments, the said courts shall be holden at the 
times and places which the respective judges shall direct. 

[V. All causes of marriage, divorce and alimony, and all appeals 
from the judges of probate, shall be heard and determined by the gov- 
ernor and council until the legislature shall, by law, make other pro- 
vision.] 



Jiisticps of su- 
promo juJicial 
court ta (jivo 
opinions when 
required. 



Justices of the 
pi'ace ; tinuru 
of their oUice. 



Provisions for 
holding probata 
courts. 



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



CHAPTER IV. 



DELEGATES TO CONGRESS. 



[The delegates of this Commonwealth to the congress of the United Delegates to 
States shall, some time in the month of June, annually, be elected by 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 ensuing. They shall 
have commissions under the hand of the governor, 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 university at cambridge, and encouragement 
of literature, &c. 

Section 1. 
27ie 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 
tellows, 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 Har- 
vard 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 conversances, 
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-governoiv 
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 belonjTing, or in any way appertaining, to the over- 
seers of Harvard College: provided, that nothing herein Power of altera, 
shall be construed to prevent the legislature of this Com- IhTiegSure." 
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 trafesln^n ff!^ 
the preservation of their rights and liberties ; and as these ture periods. 
depend on spreading the opportunities and advantages of nfents?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 humanity 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 SUBSCRIPTIONS; 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 governor, lieutenant-governor, coun- Declaration of 
cillor, senator or representative, and accepting the trust, shall, before ^^'^'^^''^^ ^"^ 



28 



CONSTITUTION OF THE 



legislative offi- 
cers. 

See amend- ^^ 
menu, 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 sib- 
scribe the following declaration, viz.: 

"I, A. B., do declare, that I believe the Christian religion, and have 
a firm persuasion of its truth; and that 1 am seised and possesse:!, in 
my own right, of the property required by the constitution, as one 
qualification for the office or jilace to which I am elected." 

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

And every person chosen to either of the places or oflBces 
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 ti'uly 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 tlie same against traitorous conspiracies and 
all hostile attempts 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, person, prelate, state 
or potentate, hath, or ought to have, any jurisdiction, superiority, pre- 
eminence, authority, dispensing or other power in, in any matter, civil, 
ecclesiastical or spiritual, within this Commonwealth; except the 
authority and power which 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 absolve 
or discharge me from the obligation of this oatli, declaration or affirma- 
tion; and that I do make this acknowledgment, professsion, testimony, 
declaration, denial, renunciation and abjuration, heartih' and truly, 
according to the common meaning and accejitation of the foregoing 
words, without any equivocation, meutal 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, " I 
do s\ve;ir," "and abjure," "oatli or," "and abjuration," in the 
first oath; and in the second oath, the words "swear and," and in 



COMMONWEALTH OF MASSACHUSETTS. 29 

each of them the words, "So help me, God;" subjoining instead 
thereof, " This I do mider the pains and penalities of perjury."] 

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

II. No governor, lieutenant-governor, or judge of the Plurality of offl 
supreme judicial court, shall hold any other offiee or place, ITxcrnm^Tc!,^" 
under the authority of this Commonwealth, except such as '^^ccpt, &c. 
by this constitution they are admitted to hold, saving that mTntrAn. 
the judges of the said court may hold the offices of justices vui. 
of the peace through the State ; nor shall they hold any 
other place or office, or receive any pension or salary from 
any other State, or government or power, whatever. 

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

No person holding the office of judge of the supreme incompatible 
judicial court — secretary — attorney-general — [solicitor- 
general] — treasurer or receiver-general — judge of probate ^^entrArt 
— commissary-general — [president, professor, or instructor vni.and 
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 Same subject. 
the said supreme judicial court, or judge of probate, shall 



30 



CONSTITUTION OF THE 



Bribery, &c., 
operates dis- 
qualification. 



Value of money 
ascertained. 
Property quali- 
ficationa. 

See amend- 
ments, Art. 

xni. 



Provisions re- 
specting com- 
missions. 



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

IV. All commissions shall be in the name of the Com- 
monwealth of Massachusetts, signed by the governor, and 
attested by the secretary or his deput}', 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 maldng 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^^' "^^ ^^^ ^"^ there may be no failure of justice, or danger arise 

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

continued until, officers, civll 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, &o. 



Benefit of 
habeas corpus 
eecured, 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 constitution, are designated and invested 
with their respective trusts, powers and authority. 

X. In order the more effectually to adhere to the principles of the Provision for 
constitution, and to correct those violations which by any means may [uy^Jf^ Amend 
be made therein, as well as to form such alterations as from experience mentsi 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 SameBabject 
qualified voters throughout the State, who shall assemble and vote in 
consequence of the said precepts, are in favor of such revision or 
amendment, the general court shall issue precepts, or direct them to 
be issued from the secretary's office, to the several towns, to elect 
delegates to meet in convention for the purpose aforesaid. 

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

XI. This form of government shall be enrolled on Provision for 
parchment, and deposited in the secretary's office, and be pubulhtoftwa 
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. I. If any bill or resolve shall be objected to, and ^rove^^wuhin^* 
not approved by the governor ; and if the general court five days, not to 
shall adjourn within five days after the same shall have le'^^Xturead' 
been laid before the governor for his approbation, and l^elStlme^^ 
thereby prevent his returning it with his objections, as 
provided by the constitution, such bill or resolve shall not 
become a law, nor have force as such. 

Art. II. The general court shall have full power and General court 
authority to erect and constitute municipal or city govern- chL^ter dties? 
ments, in any corporate town or towns in this Common- 



32 



CONSTITUTIOX OF THE 



Proviso. 



Qnallfications of 
voters for gover- 
nor, lieutenant- 
governor, sena- 
tors and repre- 
sentatives. H 
Pick. 538. 
See amend- 
ments. Arts. 

XX., yxrn . 

and XXVI. 



Notaries public, 
how appointed 
and removed. 



Vacancies In the 
offices of secre- 
tary and treas- 
urer, how filled 
in case, &c. 
See 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 be 
with the consent, and on the application, of a majority of 
the inhabitants of such town, present and voting thereon, 
pursuant to a vote at a meeting duly warned and holden for 
that purpose ; and provided, also, that all by-laws, made 
by such municipal or city government, shall be subject, at 
all times, to be annulled by the general court. 

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 office 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 
shaU hold the same until a successor shall be appointed by the general 

COUl't.] 

Whenever the exigencies of the Commonwealth shall 



COMMONWEALTH OF MASSACHUSETTS. 



33 



Proviso : Qua- 
ker may affirm. 



require the appointment of a commissary-creneral, he shall Commi?Raiy. 

i .l-i .,1 ^ . . -^ ^T . ', general may bo 

be noniniated, appomtecl and commissioned, in such man- appointed, in 
ner as the legislature may, by law, prescribe. ^'^^'^' 

All officers commissioned to command in the militia, Miutia officers, 

, If. ~,. , iii'i bow removed. 

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

Art. V. In the elections of captains and subalterns of Kaptafnrind 
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. 

Art. VI. Instead of the oath of allegiance prescribed ^"^'au^officer^^" 
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- 
nation called Quakers, and shall decline taking said oath, 
he shall make his affirmation in the foregoing form, omit- 
ting the word " swear," and inserting, instead thereof, the 
word " affirm," and omitting the words " So helj^ 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- 
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 authority of the United States 
(postmasters excepted,) shall, at the same time, hold the 
office of governor, lieutenant-governor or councillor, or 
have a seat in the senate or house of representatives of 
this Commonwealth ; and no judge of any court in this 
Commonwealth, (except the court of sessions,) nor the at- 
torney-general, [solicitor-general, county-attorney,] clerk 
of any court, sheriff, treasurer and receiver-general, register 
of 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- 

6 



Tests abolished. 



Incompatibility 
of offices. 



34 



CONSTITUTION OF THE 



Amendments to 
constitution, 
bow 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- 
choice of gover- ators and representatives, shall be held on the second Monday of No- 
governorT&c?,'' vember in every year; but meetings may be adjourned, if necessary, 



Commencement 
of political year, 



and termination. 



COMMONWEALTH OF MASSACHUSETTS. 35 

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

next succeeding day, but no fm-ther. But in case a second meeting May be adjourn- 

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

shall be held on the fourth Monday of the same month of November.] mente, Art. 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'''ili°to'oper-" ^° 
October, next following the day when the same shall be ation. 
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 existing constitution, inconsist- inconsistent 
ent with the provisions herein contained, are hereby wholly nuiied. 
annulled. 

Art. XI. Instead of the third article of the bill of SS-'^^" 
rights, the following modification and amendment thereof lished. 
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- 
monwealtli, 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 1837, 
and decennially 
thereafter. 



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

Towns having 
less than 300 
ratable 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 
la 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 peaceabh', 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. XII. In order to provide for a representation of the citizens 
of tliis Commonwealth, founded upon the principles of equality, a 
census of the ratable polls in each city, tovm and district of the Com- 
monwealth, on the fir.5t day of IMay, shall be taken and returned into 
the secretary's office, in such manner as the legislatm-e shall provide, 
M'ithin the month of May, in the year of our Lord one thousand eijcht 
himdred and thirty-seven, and in every tenth year thereafter, in the 
month of INIay, in manner aforesaid: and each town or city liavinp; 
three hundred ratable polls at the last preceding decennial census of 
]>olls, may elect one representative, and for every four hundred and 
fifty ratable polls, in addition to the first three hmidred, one represent- 
ative more. 

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

Any city or town having ratable polls enough to elect one or more 
representatives, with any uimiber of polls beyond the necessary num- 
ber, may be represented, as to that surplus number, by multiplying 
such surplus number by ten, and dividing the product by four hundred 
and fifty ; and such city or town may elect one additional representa- 
tive as many years, within the ten years, as f om- hunch-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 m 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 shall be taken, form themselves into a representative 
district to continue until the next decennial census of polls, for the 
election of a i-cprcsentativo or representatives ; and such district shall 
have all the rights, in regard to representation, which would belong to 
a town containing the same number of ratable polls. 

The governor and council shall ascertain and determine, within the 
months of July and August, in the year of om* 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, town and repre- 
sentative district may elect an additional representative; and where 
any town has not a suiTicieiit iiumbor of polls 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 years 
thereafter, by the governor and council, and the number of ratable 
polls in each decennial census of polls shall determine tlie number of 
representatives which each city, town and repi-esentative 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, tlie governor shall cause the same to be pub- 
lished forthwith for the information of the people, and that number 
shall remain fixed and imalterable for the period of ten years. 

All the provisions of the existing constitution inconsistent with the inconsietent 
provisions hereui contained, are hereby wholly annulled.] 



AiiT. XTII. [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 pei-manent. 
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 tlie 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 elect one I'CiDresentative ; 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 nmnber of 
the inhabitants of said town. Such towns may also elect one repre- 
sentative for the year in which the valuation of estates within tlie 
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 shaU 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 
shaU 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 rejoresenta- 
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 large, 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 
it.ints to be 
taken in 1840 
and decennially 
thereul'ter, I'oi- 
basis of repre- 
sentation. 
See amend- 
ments, Art. 

xxir. 

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

xxn. 

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

Sm.all towns, 
bow represent- 
ed. 



Towns may 
unite into repre 
ecntative dis- 
tricts. 



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



Tbe governor 
and council to 
apportion tbe 
number of rep- 
resentatives of 
eacb town once 
in every ten 
years. 

Councillors to 
be cbosen from 
tbe people at 
large. 



38 



CONSTITUTION OF THE 



See amend- 
ments, Art. 

xvr. 

Qualifications of 
councillors. 



Freehold as a 
qualitication not 
required. 



Elections by the 
people to be by 
plurality of 
votes. 



Time of annual 

election of gov- 
ernor and legis- 
lature. 



serabled in one room, who shall, as soon as may be, in like manner, 
fill up any vacancies that may happen in the council, by doath, resi;^- 
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 chosen from any one senatorial district 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 tlie 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. 



Eight council- 
lors to be chosen 
by the people. 



Legislature to 
district state. 



EllglblUty de- 
fined. 



Day and manner 
of election, &c. 



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 near] 3^ equal as practicable, without dividing 
any town or ward of a city, and each entitled to elect one 
councillor : provided, however, that if, at any time, the 
constitution shall provide for the division of the Common- 
wealth into forty senatorial districts, then the legislature 
shall so arrange the councillor districts, that each district 
shall consist of five contiguous senatorial districts, as they 
shall be, from time to time, established by the legislature. 
No person shall be eligible to the office of councillor who 
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 manner as is vacancies, how 
required for filling vacancies in the senate ; and vacancies 
occasioned by death, removal from the State, or other- 
wise, shall be filled in like manner, as soon as may be, 
after such vacancies shall have happened. And that there 
mav be no delav in the oro^anization of the government on organization of 

.1 '^ r- TTT 11 J' T 1.1 -j-i i 1 J- the government 

the first Wednesday of January, the governor, with at least 
five councillors for the time being, shall, as soon as may be, 
examine the returned copies of the records for the election 
of governor, lieutenant-governor, and councillors ; and ten 
days before the said first Wednesday in January he shall 
issue his summons to such persons as appear to be chosen, 
to attend on that day to be qualified accordingly ; and the 
secretary shall lay the returns before the senate and house 
of representatives on the said first Wednesday in January, 
to be by them examined ; and in case of the election of 
either of said ofiicers, the choice shall be by them declared 
and published ; but in case there shall be no election of 
either of said ofi&cers, the legislature shall proceed to fill 
such vacancies in the manner provided in the constitution 
for the choice of such officers. 



Art. XVII. The secretary, treasurer and receiver-gen- 
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 thereafter, from the two persons who had the highest 
number of votes for said offices on the day in November 
aforesaid, by joint ballot of the senators and representatives, 
in one room ; and in case the office of secretary, or treasurer 
and receiver-general, or auditor, or attorney-general, shall 
become vacant, from any cause, during an annual or special 
session of the general court, such vacancy shall in like 
manner be filled by choice from the people at large ; but if 
such vacancy shall occur at any other time, it shall be sup- 
plied by the governor by appointment, with the advice and 



Election of sec- 
retary, treasur- 
er, auditor and 
attorney-gener- 
al by the peopUj 



Vacancies, how 
filled. 



40 



CONSTITUTION OF THE 



To qualifywith- 
in ten (lays, 
otherwise office 
to be deemed va- 
caut. 



Qualification 
requisite. 



School moneys 
not to be ap- 
Ijlied for secta- 
rian scbooLs. 



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 tlie offices aforesaid, shall neglect, for the space of ten 
days after he could otherwise enter upon his duties, to 
qualify himself in all respects to enter upon the discharge 
of such duties, the office to which he has been elected or 
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 by 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 : p7'ovidcd, hoiu- 
ei'er, that the provisioi'is of this amendment shall not apply 
to any person prevented by a physical disability from com- 
plying with its requisitions, nor to any person who now 
has the right to vote, nor to any persons who shall be sixty 
years of age or upwards at the time this amendment shall 
take effect. 

Census of legal Art. XXI. A ccusus of the legal votcrs of cacli city 

iKibiianis' wLeii uud towu, Oil thc first day of May, sliall be taken and re- 

takeu.iic. turned into the office of the secretary of the Common- 

See General Wealth, Oil or bcforc the last day of June, in thc year one 

tetat. cliapter 20. , ^ • ^ . ^ t ^ in f i n 

thousand eight hundred and liity-seven ; and a census oi 
the inhabitants of each city and town, in the year one 



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



Reading consti- 
tution in English 
suid writing, 
necessai'y quali- 
iications of vo- 
ters. 
Proviso. 



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, equally, as nearly as may be, according to their 
relative numbers of legal voters, as ascertained by the 
next preceding special enumeration ; and the town of 
Cohasset, in the county of Norfolk, shall, for this purpose, 
as well as in the formation of districts, as hereinafter 
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 ma}^ 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 county ; and such districts shall be so formed that no* 
town or ward of a city shall be divided therefor, nor shall 
any district be made which shall be entitled to elect more 
than three representatives. Every representative, for one 
year at least next preceding his election, shall have been 
ail 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 distiicts in 
each county shall be numbered by the board creating the 



House to consist 
of 240 membcrfi; 
representatives 
to be appor- 
tioned upon 
basis of legal 
voters. 



Secretary shall 
certify to offi- 
cers autborizcd 
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- 
tified. 



One hundred 
members a 
quorum. 



same, and a description of each, with the numbers thereof 
and the number of legal voters therein, shall be returned 
by the board, to the secretary of the Commonwealth, the 
county treasurer of each county, and to the clerk of every 
town in each district, to be filed and kept in their respec- 
tive offices. The manner of calling and conducting the 
meetings for the choice of representatives, and of ascer- 
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. 



Census of voters 
anil inhabitants 
to be taken. 



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



Senate to consist 
of 40 members. 



Senatorial dis- 
tricts, &c. 



Proviso. 



Qualificationfl of 
senators. 



Sixteen mem- 
bers a quorum. 



Akt. 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 tlie Common- 
wealth, on or before the last da}'^ 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 district to contain, as 
nearly as may be, an equal number of legal voters, accord- 
ing to the enumeration aforesaid : provided, Jioivever, that 
no town or ward of a city shall be divided therefor ; and 
such districts shall be formed, as nearly as ma}^ 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 Ins 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. 



43 



[Art. XXIIT. 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 natu- 
ralization, and shall be otherwise qualified, according to the constitu- 
tion 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, provided, further, that it shall 
not affect the rights of any child of a citizen of the United States, born 
dixring 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 l^ 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 j^row'cZec^, /^ri^Aer, 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. XXVIL 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 re- 
quired of natu- 
ralized citizen, 
to entitle to suf 
frajje 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 elc' 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 
first 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. \Vhen the 
convention assembled, it was found that the Constitution had been 
adopted by the requisite nimiber 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 legislatures of the political years 1856 and 1857, and were ap- 
proved and ratified by the people on the first day of May, 1857. 

The twenty-third Article was adopted by the legislatures of the 



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. 



ra)EX TO THE CONSTITUTION. 



A. 

Page 
Address of botli honses of the legislature, judicial officers may be 

removed by governor with consent of council upon, . . 24 

Adjutant-general, appointed by the governor, 20 

Adjutants, to be appointed by commanding officers of regiments, . 20 
Affirmations, instead of the required oaths, may be made by Quakers, . 28, 33 
Agriculture, arts, commerce, &c., to be encouraged, .... 27 

Alimony, divorce, &c., 2o 

Amendment to the constitution, proposed in the general court, 
agreed to by a majority of senators and two-thirds of house 
present and voting thereon by yeas and nays ; entered 
upon the journals of both houses, and referred to the next 
general court : if the next general court agrees to the 
proposition in the same manner, and to the same effect; it 
shall be submitted to the people, and, if approved by them 
by a majority vote, becomes a part of the constitution, . 34 

Apportionment of councillors, 23, 37, 38, 39 

state to be divided into eight districts, 39 

Apportionment of senators, 12, 37, 42 

on basis of legal voters, and state to be divided into forty 

districts, 42 

Apportionment of representatives, 15, 36, 37, 41 

to the several counties, made on the basis of legal voters, . 41 
Armies, dangerous to liberty, and not to be maintained without con- 
sent of the legislature, 7 

Arms, right of people to keep and to bear, for public defence, . . 7 

Arrest, members of house of representatives exempted from, on 
mesne process, while going to, returning from, or attending 

the general assembly, 

Arrest, search and seizure, right of, regulated, .... 
wari'ant to contain special designation, .... 
Attorney-general, to be chosen by the people annually in November, 
to hold office for one year from third Wednesday In January 
next thereafter, and until another is» chosen and qualified, 

election determined by legislature, 

in failure of election by the voters, or in case of decease of 
person elected, vacancy to be filled by joint ballot of legis- 
lature from the two persons having the highest number of 

votes at November election, 39 

47 



17 

7 

7 

20, 39 



39 



48 INDEX TO THE CONSTITUTION. 



A.ttomey-General, vacancy occurring during session of the? legislature 

filled by joint ballot of legislature from the people at large 
vacancy occurring during recess of legislature, filled by gov 

emor by appointment, with consent of council, . 
not eligible, unless an inhabitant of the state for five years next 

preceding election or appointment, .... 
office to be deemed vacant if person elected or appointed fail 

to be qualified within ten days, 

Attorneys, district, elected by the people of the several districts, 
Auditor, to be chosen by the people annually in November, 

to hold office for one year from third Wednesday in January 

next thereafter, and until another is chosen and qualified 

election determined by legislature, 

vacancy filled in same manner as in office of attorney-general, 
not eligible, unless an inhabitant of the state for five years next 

preceding election, 

office to be deemed vacant if person elected or appointed fails 

to be qualified within ten days, 



Page 

39 

39 

40 

40 
40 
39 

39 
39 
39 

40 

40 



B. 

Bail or sureties, excessive, not to be required, 8 

Bills, money, to originate in the house of representatives, ... 16 

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

to have force of law if signed by governor, .... 10 
if objected to by governor in writing, to be returned to branch 
in which originated, and may be passed by two-thirds of 

each branch present and voting thereon by yeas and nays, . 10 
if not returned by governor within five days after presentation, 
to have force of law, unless the legislature adjourns before 

that time expires, 10, 31 

Boards, public, to make quarterly reports to the governor, ... 21 

Body politic, formation and nature of, 3 

title of : The Commonwealth of Massachusetts, .... 9 
Bribery or corruption used in procuring an appointment or election, 

to disqualify from holding any office of trust, &c., . . 30 

c. 

Census of ratable polls, 36 

of inhabitants, 37, 40, 41, 42 

of inhabitants and legal voters taken in the year 1865, and every 

tenth year thereafter, . . 40, 42 

enumeration of voters to determine the apportionment of rep- 
resentatives, 41 

Cities, may be chartered by the general court, if containing twelve 
thousand inhabitants and consented to'by a majority there- 
of, 31,32 



INDEX TO THE CONSTITUTION. 49 



Civil officers, meeting for election to be held annually on the Tuesday 

next after the first Monday in November, .... 38 
whose election is provided for by the constitution to be elected 

by a plurality of votes, 38 

Clerks of courts, elected by the people of the several counties, . . 40 
ClerlxS of towns, to make records and returns of elections, ... 13 
Colonial laws, not repugnant to the constitution, continued in force, 30 

Commander-in-chief, governor to be, 19 

Commerce, agriculture and the arts, to be encouraged, ... 27 
Commissary-general, appointed and commissioned as fixed by law, 24, 33 
Commission officers, tenure of office to be expressed in commissions, 24 
Commissioners of insolvency, elected by the people of the several 

counties, . . . . 40 

Commissions, to be in the name of the commonwealth, signed by 
governor, attested by the secretary, and have the great seal 

affixed, 30 

Congress, delegates to, 25 

members of, may not hold certain state offices, .... 33 
Constitution, amendment to, proposed in the general court, agreed 
to by a majority of senators and two-thirds of the house 
present and voting thereon by yeas and nays ; entered upon 
the journals of both houses, and referred to the next gen- 
eral court : if the next general court agrees to the propo- 
sition in the same manner and to the same effect, it shall 
be submitted to the people, and, if approved by them by a 
majority vote, becomes a part of the constitution, . . 34 

Constitution, provisions for revising, 31, 34 

to be enrolled on parchment, deposited in secretary's office, and 

printed in all editions of the laws, 31 

Coroners, 20 

Corruption or bribery used in procuring any appointment or election, 

to disqualify from holding any office of trust, &c., . . 30 

Council, five members to constitute a quorum, 23 

eight councillors to be elected annually, 23, 38 

election to be determined by rule required in that of governor, 38 
to take oath of office before the president of the senate in pres- 
ence of both houses of assembly, 29 

to rank next after the lieutenant-governor, .... 23 
resolutions and advice to be recorded in a register, and signed 

by the members present, 23 

register of council may be called for by either house, ... 23 
to exercise the power of governor when office of governor and 

lieutenant-governor is vacant, 23 

no property qualification required, 38 

eight districts to be formed, each composed of five contiguous 

senatorial districts, 38 

eligible to election if an inhabitant of state for five years pre- 
ceding election, -38 



50 INDEX TO THE CONSTITUTION. 



Page 



Council, vacancy to be filled by election of a resident of tbe district by 
concurrent vote of the senate and house ; if legislature 
is not in session, to be filled by governor with advice of 

council, 43 

Court, superior, judges not to hold certain other offices, . . .33 
Court, supreme judicial, judges to have honorable salaries fixed by 

standing laws, and to hold office during good behavior, . 9, 22 

judges not to hold certain other offices, 33 

to give opinions upon important questions of law, &c., when 
required by either branch of the legislature or by the gov- 
ernor and council, . . 25 

Courts, clerks of, elected by the people of the several counties, . . 40 

Courts, probate, provisions for holding, 25 

registers elected by the people of the several counties, . . 40 

Courts and judicatories may be established by the general court, . 10 

may administer oaths or affirmations, 10 

Crimes and offences, prosecutions for, regulated, 6 

Crimes to be proved in the vicinity of where they happen, . . . 7 

D. 

Debate, freedom of, in the legislature, 8 

Declaration of the rights of the inhabitants, 4 

Declaration and oaths of officers ; tests abolished, 28, 33 

Delegates to congress, 25 

Departments, legislative, executive and judicial, to be kept separate, 9 

District attorneys, elected by the people of the several districts, . . 40 
Districts, councillor, eight, each to be composed of five contiguous 

senatorial districts, 38 

Districts, senatorial, forty, to be of adjacent territory, and to contain 

as near as may be an equal number of voters, ... 42 
Districts, representative, to be established by commissioners in the 

several counties, 37, 41 

Divorce, alimony, &c., .25 

E. 

Educational interests to be cherished, 27 

Elections ouglit to be free fi 

Elections, by the people, of civil officers provided for by the constitu- 
tion, to be by plurality of votes, 38 

Election of civil officers, meeting to be held annually on the first 

Tuesday next after the first Monday in November, . . 38 
in case of failure to elect representative, meeting to be held on 

fourtli Monday of November, .38 

Election returns, 13, 39 

Enacting style of laws, established, 30 

Equality and natural rights of all men, 4 



INDEX TO THE CONSTITUTION. 61 

Page 
Estates, valuation to be taken anew once at least every ten years, . 11 
Executive department, not to exercise legislative or judicial powers, . 9 

i/xpost-Zacio laws, declared unjust and oppressive, .... 8 

F. 



8 



Felony and treason, no subject to be declared guilty of, by the legis- 
lature, .* 

Fines, excessive, not to be imposed, « 

Frame of government, ^ 

Freedom of speech and debate in the legislature, 8 

Freehold, possession of, not required as qualification for seat in the 

general court or council, ^8 

Fundamental principles of the constitution, a frequent recurrence to, 

recommended, ' 

G. 

General court, to assemble frequently for redress of grievances, and 

for making laws, ^ 

freedom of speech and debate in, 8 

not to declare any subject to be guilty of treason or felony, . 8 

formed by two branches, a senate and house of representatives, 

each having a negative on the other, 9 

to assemble every year on the first Wednesday of January, at 
such other times as they shall judge necessary, and when- 
ever called by the governor with the advice of council, 9, 18, 34 
may constitute and erect judicatories and courts, ... 10 
may make wholesome and reasonable laws and ordinances not 

repugnant to the constitution, H 

may provide for the election or appointment of officers, and pre- 
scribe their duties, ■'■■'■ 

may impose taxes, &c., to be used for the public service, . . 11 
to be dissolved on the day next preceding the first Wednesday 

of January, ^^' ^t 

travelling expenses of members, 15 

may be adjourned or prorogued, upon its request, by the gov- 
ernor with advice of council, ....-•• 18 
session may be, directed by governor, with advice of council, to 
be held in other than the usual place in case of an infec- 
tious distemper prevailing, 1^ 

judicial officers may be removed upon address of, . . • 2-4 
person convicted of bribery not to hold seat in, . . . • 30 
may increase property qualifications of persons to be elected to 

office, ■ . . 30 

certain ofiicers not to have seats in, _• -^ 

may be prorogued by governor and council for ninety days, if 
houses disagree, &c., 



52 INDEX TO THE CONSTITUTION. 

Page 
General court, to elect major-generals by concurrent vote, ... 20 

empowered to charter cities, 31 

to detennine election of governor, lieutenant-governor and 

councillors, 39 

to prescribe by law for election of sheriffs, registers of probate 
and commissioners of insolvency by the people of the coun- 
ties, and district attorneys by the people of the districts, . 40 

Government, objects of, 3, 5 

Government by the people, as a free, sovereign and independent state, 5 

Governor, the supreme executive magistrate, styled, — The Governor 
of the Commonwealth of Massachusetts; with title of, — 

His Excellency ; elected annually, 17 

qualifications, — to have been an inhabitant of the state for 
seven years, and be seized of a freehold of the value of 

£1,000, 17, 33 

should have an honorable stated salary, 21 

the commander-in-chief of the army and navy, but may not 

oblige them to go out of the limits of the state, ... 19 

to appoint the adjutant-general, 20 

may call together the councillors at any time, .... 18 

not to hold certain other oflBces, 29 

to take oaths of office before president of the senate in presence 

of the two houses of assembly, 29 

to sign all commissions, 30 

election determined by the legislature, 39 

veto power, 10 

, vacancy in office of, powers to be exercised by the lieutenant- 
governor, 22 

vacancy in office of governor and lieutenant-governor, powers 

to be exercised by the council, 23 

Governor, with advice of council, may adjourn or prorogue the legis- 
lature upon request, and convene the same, .... 18 
may adjourn or prorogue the legislature for not exceeding ninety 
days when houses disagree, or may direct session to be held 
in other than the usual place in case of an infectious dis- 
temper prevailing, IS, 19 

to appoint all judicial officers, notaries public and coroners; 
nominations to be made at least seven days before appoint- 
ment 20, 32 

to appoint officers of the continental army, 20 

may pardon offences, but not before conviction, . . . . 19, 20 
may fill vacancy in council occurring when legislature is not in 

session, 43 

Governor, with consent of council, may remove judicial officers, upon 

the address of both houses of the legislature, ... 24 
Governor and council, to examine election returns, . . . . 13, 39 
may punish persons guilty of disrespect, &c., by imprisonment 

not exceeding thirty days, 17 



INDEX TO THE CONSTITUTION. 53 

Pago 
Governor and council, quorum to consist of governor and at least five 

members of the council, 18 

may require the attendance of the secretary of the common- 
wealth in person or by deputy, 24 



H. 

Habeas corpus, privilege of writ to be enjoyed m tne most ample 
manner, and not to be suspended by legislature except upon 

most urgent occasions, 30 

Harvard College, powers and privileges, gifts, grants and conveyances 

confirmed, 25, 26 

board of overseers established, but the government of the 

college may be altered by legislature, 26,27 

oflBcers may be elected members of the general court, . . 43 
Hereditary offices and privileges, absurd and unnatural, ... 5 

House of Representatives, members may be instructed by the people, 8 

a representation of the people annually elected and founded 

upon the principle of equality, 15 

may impose fines upon towns not choosing members, . . 15 

expense of travel once every session each way, to be paid by 

the government, .15 

to enter objections made by governor to a bill or resolve at 

large upon records, 10 

qualifications of members, 16, 38, 41 

must be an inhabitant of district for one year preceding elec- 
tion, and shall cease to be a member when ceasing to be 

an inhabitant of the state, 41 

members not to be arrested on mesne process during going to, 

return from, or attending the general assembly, ... 17 

the grand inquest of the commonwealth, 14, 16 

to originate all money bills, but the senate may propose or con- 
cur with amendments, 16 

not to adjourn more than two days at a time, .... 16 
one hundred members constitute a quorum, . . . . 16, 42 

to choose officers, establish its rules, 16 

may punish by imprisonment, not exceeding thirty days, per- 
sons guilty of disrespect, &c. ; trial may be by committee, . 16 

privileges of members, 17 

may require the attendance of secretary of the commonwealth 

in person or by deputy, 24 

may require the opinions of the justices of the supreme judicial 
court upon important questions of law, and upon solemn 

occasions, 25 

meeting for election to be held on the Tuesday next after the 

first Monday of November, 38 

in case of failure to elect, meeting to be held on the fourth 

Monday of November, 38 



54 INDEX TO THE CONSTITUTION, 



Page 



House of Eepresentatives, to consist of two liuudred and forty mem- 
bers, apportioned to the several counties equally, according 

to relative numbers of legal voters, 41 

commissioners to divide counties into representative districts 
of contiguous territory, but no town or ward of a city to 

be divided, 41 

no district entitled to elect more than three representatives, . 41 
board authorized to divide covmty into districts, to be certified 
to by the secretary, the number of representatives to which 
the county is entitled, 41 



I. 

Impeachments, by the house of representatives, to be tried by the 
senate ; limitation of sentence ; party convicted liable to 

indictment, 14, 15 

Incompatible offices, 29, 33 

" Inhabitant," the word defined, 12 

Inhabitants, census to be taken in 18G5, and every tenth year there- 
after, 3G, 40, 42 

Insolvency, commissioners of, elected by the people of the several 

counties, 40 

Instruction of representatives, 8 



J. 

Judges of courts may not hold certain other offices, . . . . 29, 33 
Judges of the supreme judicial court, to hold office during good 
behavior, and to have honorable salaries, established by 

standing laws, 9, 22, 24 

to give opinions upon important questions of law, &c., when 
required by the governor and council, or either branch of 

legislature, 25 

not to hold certain other offices, 29 

Judicatories and courts may be established by the general court, . 10 

may administer oaths or affirmations, 10 

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

Judicial officers, appointed by the governor with consent of council ; 

nominations to be made seven days prior to appointment, . 20 
to hold office during good behavior, except when otherwise pro- 
vided by the constitution, 24 

may be removed from office by the governor, upon the address 

of both houses of the legislature, 24 

Jury, trial by, right secured, 7 

Justices of the peace, commissions to expire in seven years from date 

of appointment, but may be renewed, 25 



INDEX TO THE CONSTITUTION. 65 



Pago 
Law-martial, only those employed in the army and navy, and the 
militia in actual service, subject to, except by auth<)rity of 

the legislature, 8 

Laws, every person to have remedy in, for injury to person or prop- 
erty, (i 

power of suspension or execution of, only in the legislature, . 8 

ex post facto, prohibited as unjust and inconsistent with free 

government, 8 

of province, colony and state, not repugnant to the constitu- 
tion, continued in force, .30 

Legislative power, 9 

Legislative department, not to exercise executive or judicial powers, 9 

Legislature (see General Court). 

Liberty of the press, essential to the security of freedom, ... 7 
Lieutenant-governor, to be annually elected in November, — title of, 
His Honor ; who shall be qualified in property and resi- 
dence same as governor, 22, 34, 38 

in the absence of governor, to be president of the council, . 22 
to be acting governor when the chair of the governor is vacant, 22 
to take oath of office before president of the senate in presence 

of both houses, 29 

not to hold certain other offices, 29 

Literature and the sciences to be encouraged, 27 



M. 

Magistrates and officers, accountable to the people, .... 5 
Magistrates and courts, not to demand excessive bail, impose exces- 
sive fines, or inflict cruel punishments, .... 8 
Major-generals, elected by senate and house of representatives by 

concurrent vote, 20 

may appoint their aids, 20 

Marriage, divorce and alimony, 25 

Martial-law, only those employed in the army and navy, and the 
militia in actual service, subject to, except by authority of 

legislature, 8 

Military power, subordinate to civil authority, 7 

Militia, not to be obliged by commander-in-chief to march out of the 

limits of the state, 19 

captains and subalterns, elected by the train-bands, . . . 20, 33 

all members of companies may vote, including minors, . . 33 

field officers, elected by captains and subalterns, ... 20 

brigadiers, elected by field officers, 20 

major-generals, elected by senate and house of representatives 

by concurrent vote, 20 

mode of election of officers to be fixed by standing laws, . . 20 



56 



INDEX TO THE CONSTITUTION. 



Page 
Militia, if electors refuse to elect, governor with advice of council may 

appoint oflScers, 20 

oflScers commissioned to command may be removed as may be 

prescribed by law, 20, 33 

appointment of staff-ofl&cers, 20 

organization; divisions, brigades, regiments and companies, . 20, 21 
Money, issued from treasury by warrant of governor, &c., ... 21 
Money mentioned in the constitution, to be computed in silver at six 

shillings and eight pence per ounce, 30 

Money bills, to originate in house of representatives, .... 16 
Moneys, raised or appi'opriated for public or common schools, not to * 

be applied for support of sectarian schools, .... 40 

Moral obligations of lawgivers and magistrates, 7 

Moi'al qualifications for office, 7 

■ N. 

Notaries public, to be appointed by governor with advice of council, 24, 32 
may be removed by governor with advice of council, upon ad- 
dress of both houses, 32 



o. 



Oaths and affirmations, may be administered by courts and judica- 
tories, 

how and by whom taken and subscribed, . . .27, 28, 

forms of, 27, 

Quakers may affirm, 

to be taken by all civil and military officers, .... 

Objects of government, 

Offences and crimes, prosecutions for, regulated, 

Office of trust, person convicted of bribery, &c., not to hold, 

Office, rotation in, right secured, 

all persons having the prescribed qualifications equally eligible 
to, 

no person eligible to, unless they can read and write. 
Offices, plurality of, prohibited to governor, lieutenant-governor and 
judges, 29, 

incompatible, 29, 

Officers, civil, legislature may provide for the naming and settling of, 
Officers, commission, tenure of office to be expressed in commissions 
Officers, judicial, to hold office during good behavior, except, &c., 



may be removed by governor, with consent of counci 
address of both houses of the legislature, 
Officers of former government, continued, . 
Officers of the militia, eloction and appointment of, 

removal of, 

Officers and magistrates, accountable to the people. 
Organization of the militia, 



, upon the 



10 
29,33 
28, S3 
28,33 

33 
3, 5 

6,7 

30 

6 



40 

33,34 

33, 34 

11 

24 

24 

24 
30 
20 
20, 33 
6 
20 



INDEX TO THE CONSTITUTION. 57 

P. 

Page 
Pardon of offences, governor with advice of council may grant, but 

not before conviction, 19, 20 

People, to have the sole right to govern themselves as a free, sovereign 

and independent state, 5 

have a right to keep and to bear arms for the public defence, . 7 
have a right to assemble to consult upon the common good, to 

instruct their representatives, and to petition legislature, . 8 

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

Petition, right of, .'.-.. 8 

Plantations, unincorporated, tax-paying inhabitants may vote for 

councillors and senators, 13 

Plurality of offices, 29 

Plurality of votes, election of civil officers by, 38 

Political year, begins on the first Wednesday of January, ... 34 

Polls, ratable, census of, 36 

Preamble to constitution, 3 

Press, liberty of, essential to the security of freedom, .... 7 

Private property taken for public uses, compensation to be made for, 6 

Probate courts, provisions for holding, 25 

registers, elected by the people of the several counties, . . 20, 40 

judges may not hold certain other offices, .33 

Property qualification, may be increased by the legislature, . . 30 

partially abolished, 38 

Prosecutions for crimes and offences regulated, 6 

Provincial laws, not repugnant to the constitution, continued in force, 30 
Public boards and certain officers to make quarterly reports to the gov- 
ernor, 21 

Public officers, right of people to secure rotation, 6 

all persons having the prescribed qualifications equally eligible, 6 
Public notary (see Notary public). 

Public religious worship, right and duty of, 4 

Punishments, cruel and unusual, not to be inflicted, . • . . . 8 

Q. 

Quakers, may make affirmation, 28, 33 

Qualification, property, of governor and lieutenant-governor, . . 17, 22 
. of persons to be elected to office may be increased by the legis- 
lature, 30 

Qualification, property, partially abolished, 38 

Qualifications of a voter, 12, 13, 16, 32, 40, 43 

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 



68 INDEX TO THE CONSTITUTION. 

Page 
Qualifications, moral, of officers and magistrates, .... 7 
Quartermasters, appointed by commanding officers of regiments, . 20 
Quorum of council, to consist of five members, . . . .18, 23, 39 
Quorum of senate, to consist of sixteen members, . . . . 15, 42 
Quorum of house of representatives, to consist of one hundred mem- 
bers, 16, 42 



R 

Ratable polls, census of, 36 

Reading and writing, knowledge of, necessary qualifications for vot- 
ing or holding office, 40 

Records of the commonwealth to be kept in the office of the secretary, 24 
Register of the council, resolutions and advice to be recorded in, and 

signed by members present, 23 

Registers of probate, chosen by the people of the several counties, 20, 40 
Religious denominations, equal protection secured to all, . . .5, 35 
Religious sect or dcnoniination, no subordination of one to another to 

be established by law, 5, 36 

Religious societies, may elect their own pastors or religious teachers, . 5, 35 

membership of, defined, 35 

Religious worship, public, right and duty of, and protection therein, . 4 

support of the ministry, and erection and repair of houses of 

worship, 4, 5, 35 

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

Representatives (see House of Representatives). 
Resolves (see Bills and Resolves). 

Returns of votes, 13, 17, 39 

Revision of constitution provided for in the year 1795, .... 31 
Rights, declaration of, 4 



s. 

Salary, a stated and honorable salary to be established for the gov- 
ernor, 21 

permanent and honorable salaries to be established for the 
justices of tlie supreme judicial coui't, and to be enlarged 

if not sufficient, 9, 22 

School moneys, not to be appropriated for sectarian schools, • . 40 
Seal, great, of the commonwealth to be affixed to all commissions, . 30 

Search, seizure and arrest, right of, regulated, 7 

Secretary of the commonwealth, to be chosen by the people annually 

in November, 24, 39 

to hold office for one year from third Wednesday in January 

next thereafter, and until another is chosen and qualified, . 39 
manner of election, &c., same as governor, 39 



INDEX TO THE CONSTITUTION. 59 

Paste 

Secretary of the commoiiwealtli, in failure of election by voters, or in 

case of decease of person elected, vacancy to be filled by 

joint ballot of legislature from the two persons having the 

highest number of votes at November election, ... 39 

vacancy occurring during session of the legislature, filled by 

joint ballot of the legislature from the people at large, . 39 
vacancy occurring when legislature is not in session, to be filled 
by governor, by appointment, with advice and consent of 

council, 32, 39 

not eligible, unless an'inhabitant of the state for five years next 

preceding election or appointment, 40 

oflBce to be deemed vacant if person elected or appointed fails 

to be qualified within ten days, 40 

records of commonwealth to be kept in ofiice of, ... 24 
may appoint deputies, for whose conduct heshallTje accountable, 24 
to attend governor and council, senate and house, in person or 

by deputies, as they shall require, 24 

to attest all commissions, 30 

to certify to board authorized to divide county into districts, the 

number of representatives to which the county is entitled, 41 
Sectarian schools, not to be maintained at public expense, ... 40 
Selectmen, to preside at town meetings, elections, &c., . . .12, 13 
Self-government, right of, asserted, ....... 5 

Senate, the first branch of the legislature, 9, 12 

to consist of forty members, apportionment, &c., . . 12, 37, 42 

to be chosen annually, 12 

governor and at least five councillors, to examine and count 

votes, and issue summonses to members, .... 13 
to be final judges of elections, returns and qualifications of 

their own members, 14 

vacancy to be filled by election, by people of the district, upon 

order of majority of senators elected, 14, 43 

qualifications of a senator, 14, 38 

not to adjourn more than two days at a time, .... 14 

to choose its ofiicers and establish rules, 14 

shall try all impeachments, 14, 16 

sixteen members constitute a quorum, 15 

may punish for certain offences ; trial may be by committee, . 17 
may require the attendance of the secretary of the common- 
wealth in person or by deputy, 24 

may require the opinions of the justices of the supreme judicial 
court upon important questions of law, and upon solemn 



occasions. 



25 



to enter objections, made by governor to passage of a bill or 

resolve, at large on records, ■. . 10 

districts, forty in number, to be of adjacent territory, and to 

contain, as near as may be, an equal number of voters, . 42 

apportionment based upon legal voters, 42 

Sheriffs, elected by the people of the several counties, . . . . 20, 40 



60 INDEX TO TPIE CONSTITUTION. 

« 

Page 

Silver, value of money mentioned in the constitution to be computed 

in silver at six shillings and eight pence per ounce, . . 30 

Soldier, not to be quartered in any bouse, in time of peace, without 

consent of owner, 8 

Solicitor-general, 20 

Standing armies, dangerous" to liberty and not to be maintained with- 
out consent of the legislature, 7 

State or body politic, entitled, — The Commonwealth of Massachu- 
setts, 9 

Supreme judicial court, judges to have honorable salaries fixed by 

standing laws, and to hold office during good behavior, . 9, 22 
to give opinions upon important questions of law, &c., when 
required by either branch of tlie legislature or by the gov- 
ernor and council, 25 

not to hold certain other offices, . 29 

Sureties or bail, excessive, not to be required, 8 



T. 

Taxation should be founded on consent, 0, 8 

Taxes, not to be levied without the consent of the people or their 

representatives, 8 

may be imposed by the legislature, 11 

valuation of estates, to be taken anew once at least every ten 

years, 11 

Tenure that all commission officers shall by law have in their offices, 

shall be expressed in their commissions, .... 24 

Tests abolished, 33 

Title of body politic: The Commonwealth of Massachusetts, . . 9 

Title of governor to be, — His Excellency, 17 

Title of lieutenant-governor to be, — His Honor, 22 

Town clerk, to make record and return of elections, .... 13 

Town meetings, selectmen to preside at, 12, 13 

Town representation in the legislature, 15, 3G, 37 

Travelling expenses of members, to general assembly and returning 

home, once in every session, to be paid by the goverfiment, 15 
Treason and felony, no subject to be declared guilty of, by the legis- 
lature, 8 

Treasurer and receiver-general, to be chosen by the people annually 

in November, 24, 39 

to hold office for one year from third Wednesday in January 

next thereafter and until another is chosen and qualified, . 39 

manner of election, &c., same as governor, .... 39 
not eligible, unless an inhabitant of the state for five years next 

preceding election or appointment, 40 

no man eligible more than five years successively, ... 24 



INDEX TO THE CONSTITUTION. 61 

Page 

Treasurer and receiver-general, in failure of election by voters, or in 

case of decease of person elected, vacancy to be filled by 

joint ballot of legislature from tbe two persons having the 

highest number of votes at November election, ... 39 

vacancy occurring during session of the legislature, filled by 

joint ballot of the legislature from the people at large, . 39 
vacancy occurring when legislature is not in session, to be filled 
by governor, by appointment, with advice and consent of 

the council, 32, 39 

oflSce to be deemed vacant if person elected or appointed fails 

to be qualified within ten days, 40 

Treasury, no moneys to be issued from, but upon the warrant of gov- 
ernor, except, &c., 21 

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

Trial by jury guaranteed in criminal cases, except in army and navy, 7 



u. 

University at Cambridge, 25, 26, 27, 43 



V. 

Vacancy in office of governor, powers to be exercised by lieutenant- 
governor, . . . . • 22 

Vacancy in offices of governor and lieutenant-governor, powers to be 

exercised by the council, 23 

Vacancy in the council, to be filled by the election of a resident of the 
district by concurrent vote of the senate and house; if 
legislature is not in session, to be filled by governor with 
advice of council, 38, 43 

Vacancy in the senate to be filled by election by the people upon the 

order of a majority of senators elected, . . . . 14, 43 

Vacancy in office of secretary, treasurer, auditor and attorney-gen- 
eral, caused by decease of person elected, or failure to elect, 
filled by joint ballot of legislature from the two persons 
having highest number of votes at November election, . 39 
occurring during session of legislature, filled by joint ballot of 

legislature from people at large, 39 

occurring when legislature is not in session, to be filled by gov- 
ernor, by appointment, with advice of council, . . .32, 39 

Vacancy in militia office, filled by governor and council, if electors 

neglect or refuse to make election, 20 

Valuation of estates, to be taken anew once in every ten years at least, 11 

Veto power of the governor, 10 

Voters, qualifications of, at elections for governor, lieutenant-gover- 
nor, senators and representatives, . . 12, 13, 15, 16, 32, 40, 43 



62 INDEX TO THE CONSTITUTION. 

Page 
Voters, male citizens, twenty-one years of age, who have resided in the 
state one year, and within the town or district six months, 
who have paid a state or county tax within two years next 
preceding the election of state officers, and such as are ex- 
empted by law' from taxation, but in other respects quali- 
fied, and who can write their names and read the constitu- 
tion in the English language, 10, 32, 40 

the basis upon which the apportionment of representatives to 

the several counties is made, 41 

basis of apportionment of senators, 4? 

census of voters to be taken in 1S65, and every tenth year after, 41, 42 

Votes, returns of 13, 17, o9 

Votes, plurality of, to elect civil officers, 38 



. w. 

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

Writ of habeas corpus, to be enjoyed in the most free, easy, cheap 
and expeditious manner, and not to be suspended by legisla- 
ture, except for a limited time, 30 

Writs, to be issued in the name of the commonwealth imder the seal 
of the court, bear test of the first justice, and be signed by 
the clerk, 30 

Writing and reading, necessaiy qualifications for voting, or holding 

office, 40 



Y. 

Tear, political, begins on the first Wednesday of January, , . . 84 



GENERAL STATUTES AND SPECIAL ACTS 

OF 

MASSACHUSETTS. 
1879. 



g®^ The General Court of 1879 assembled on Wednesday, the 
first day of January. The oaths of office required by the Constitu- 
tion to be administered to the Governor and Lieutenant-Governor 
elect, were taken and subscribed by His Excellency Thomas Talbot 
and His Honor John D. Long, on Thursday, the second day of 
January, in the presence of the two Houses assembled in convention. 



ACTS, 

GEJS'ERAL AND SPECIAL. 



An Act to repeal the law to proyide additional pat to Chap. 1 

POOR AND indigent SOLDIERS AND SAILORS. 

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. Chapter two hundred and eighty-two of f -^,^3 ^j^'Ji^J"*" 
the acts of the year eighteen hundred and seventy-eight, ors. 
except so much thereof as relates to the reimbursement by f^i'^^ ' ^* ^' 
the Commonwealth to cities and towns of sums of money 
heretofore paid by them under said chapter, to the man- 
ner of such reimbursement, and to the liability which any 
city or town may have incurred for relief or support here- 
tofore furnished by any person, is hereby repealed. 

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

Approved January 22, 1879. 

An Act relating to elections in towns. Chap. 2 

Be it enacted, &c., as folloios : 

Section 1. Meetings in towns for the election of na- Meetings to be 
tional, state, district and county officers, shall be opened 
as early as twelve o'clock, noon, of the election day. The 
polls shall be kept open at least four hours, and for such 
longer time as a majority of the voters present shall by 
vote direct. 

Section 2. At any town meeting for the election of Time of closing 
any officers, when the presiding ojficer shall have an- 
nounced a time at which the meeting has directed the 
polls to be closed, the polls shall not be closed until that 
time has arrived, excepting that in no case shall the polls 
be kept open after the hour of sunset. 



opened as early 
as noon. 



polls. 



414 



1879. — Chapters 3, 4. 



Mayor elected 
by a plurality 
of votes. 



Seven members 
in tlie boarii of 
aldermen : one 
to be elected at 
large. 



Repeal. Sectiox 3. All acts and parts of acts inconsistent 

herewith are hereby repealed. 

Approved January 30, 1879. 

Chap. 3 Ax Act in addition to an act establishing the city of 

HAVERHILL. 

Be it enacted, &c., as follows: 

Section 1. In all elections for mayor of the city of 
Haverhill the person receiving the highest number of votes 
therefor shall be declared elected. 

Section 2. The board of aldermen of the city of 
Haverhill shall consist of seven members, one of whom 
shall be chosen annually from and by the qualified voters 
of the city at large, and the others as now provided by 
law ; and at any time after the acceptance of this act, as 
hereinafter provided, the board of aldermen of said city 
may issue a warrant for the election of one additional 
member of said board by the qualified voters of the city 
at large, to serve until the expiration of the present muni- 
cipal year. 

Section 3. Whenever a vacancy shall occur in the 
office of assistant assessor of the city of Haverhill, the 
city council shall in convention, on joint ballot, elect a per- 
son to fill such vacancy. 

Section 4. This act, or any section or sections thereof, 
shall take effect upon the same being accepted by a two- 
thirds vote of each branch of the city council of said city 
of Haverhill, present and voting thereon, but shall be void 
unless so accepted within sixty days after its passage. 

Section 5. All acts and parts of acts inconsistent with 
the provisions of this act are hereby repealed. 

Approved January 30, 1S79. [Accepted February 11, 1879.] 

An Act concerning cases tried without a jury. 
Be it enacted, &c., asfolloivs: 

Section 1. When an}^ action is tried in the supreme 
judicial court or superior court, without a juiy, the clerk 
shall notify the parties thereto, when a decision is made. 
And parties shall be allowed three days after receiving 
such notice, in which they may file exceptions or a motion 
for a new trial. But nothing herein contained shall bo so 
construed as to prevent the court from further extending 
the time as now provided by law. 

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

Approved January 30, 1ST9. 



Vacancy in 
office of assist- 
ant assessor to 
be filled by joint 
ballot. 



Subject to ac- 
ceptance by tbe 
city council. 



Repeal. 



Chaj). 4 



Parties to action 
tried without a 
jury, to be noti- 
fied wben decis- 
ion is made. 



Exceptions. 
Motion for 
new trial. 



1879. — Chapter 5. 415 

An Act making appropriations for thk maintenance of Chcqj. 5 

THE GOVERNMENT FOR THE QUARTER ENDING ON THE THIRTY- 
FIRST DAY OF MARCH OF THE PRESENT YEAR. 

Be it enacted, &c., as follows: 

Section 1. The sums hereinafter mentioned are ap- Appropriations, 
propriated, to be paid out of the treasury, from the ordi- 
nary revenue, for the purposes specified, to meet expenses 
tor the quarter ending on the thirty-first day of March, in 
the year eighteen hundred and seventy-nine, to wit : — 

SUPREME JUDICIAL COURT. * 

For the salary of the clerk of the supreme judicial ^'^rk. 
court, seven hundred and fifty dollars. 

For the salary of the reporter of decisions of the su- Reporter. 
preme judicial court, seventy-five dollars. 

For clerk hire and incidental expenses of the reporter of cierkwreand 
decisions of said court, three hundred and seventy-five 
dollars. 

SUPERIOR COURT. 

For the salary of the chief justice of the superior court, chief justice. 
one thousand three hundred and twenty-five dollars. 

For the salaries of the ten associate justices of said Associate 
court, twelve thousand five hundred dollars. justices. 

COURTS OF PROBATE AND INSOLVENCY. 

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

For the salary of the judge of probate and insolvency Middlesex, 
for the county of Middlesex, six hundred and twenty-five 
dollars. 

For the salary of the judge of probate and insolvency Worcester. 
for the county of Worcester, six hundred and twenty-five 
dollars. 

For the salary of the judge of probate and insolvency Essex. 
for the county of Essex, six hundred and twenty-five 
dollars. 

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

For the salary of the judge of probate and insolvency Bristol. 
for the county of Bristol, four hundred and fifty dollars. 

For the salary of the judge of probate and insolvency Plymouth, 
for the county of Plymouth, three hundred and sevent}'- 
five dollars. 



416 



1879. — Chapter 5. 



Berkshire. 

Hampden. 

Hampshire. 

Franlilin. 

Barnstable. 

Nantucket. 
Dukes County. 



Register and 
assistant regis- 
ter — 
Suffolk. 



Middlesex. 



Worcester. 



Essex. 



Norfolk. 



Register — 
Bristol. 



Plymouth. 

Hampdon. 
Berkshire. 



For the salary of the judge of probate and insolvency 
for the county of Berkshire, three hundred dollars. 

For the salary of the judge of probate and insolvency 
for the county of Hampden, four hundred, and fifty dollars. 

For the salary of the judge of probate and. insolvency 
for the county of Hampshire, three hundred and fifty dollars. 

For the salary of the judge of probate and insolvency 
for the county of Franklin, three hundred and. fifty dollars. 

For the salary of the judge of probate and insolvency 
for the county of Barnstable, two hundred and. fifty 
dollars. 

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

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

For the salary of the register of probate and insolvency 
for the county of Suffolk, seven hundred and fifty dollars ; 
and for the salary of the assistant register for said county, 
three hundred and seventy-five dollars. 

For the salary of the register of probate and insolvency 
for the county of Middlesex, five hundred dollars; and for 
the salaiy of the assistant register for said county, three 
hundred and seventy-five dollars. 

_ For the salary of the register of probate and insolvency 
for the county of Worcester, five hundred dollars ; and for 
the salary of the assistant register for said countv, three 
hundred and seventy-five dollars. 

For the salary of the register of probate and insolvency 
for the county of Essex, five hundred dollars; and for the 
salary of the assistant register for said county, three hun- 
dred and seventy-five dollars. 

For the salary of the register of probate and insolvency 
for the county of Norfolk, three hundred and seventy-five 
dollars ; and for the salary of the assistant register for said 
county, two hundred and seventy -five dollars. 

For the salary of the register of probate and insolvency 
for the county of Bristol, four hundred and fifty dollars. 

For the salary of the register of probate and insolvency 
for the county of Plymouth, three hundred and seventy- 
five dollars. 

For the salary of the register of probate and insolvency 
for the county of Hampden, four hundred dollars. 

For the salary of the register of probate and insolvency 
for the county of Berkshire, three hundred dollars. 



1879. — Chapter 5. 



417 



For the salary of the register of probate and insolvency Hampshiro. 
for the county of Hampshire, three hundred and fifty 
dollars. 

For the salary of the register of probate and insolvency Frankiin. 
for the county of Franklin, three hundred and fifty dollars. 

For the salary of the register of probate and insolvency Bamsubie. 
for the county of Barnstable, two hundred and fifty dol- 
lars. 

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

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

For the salary of the clerk for the register of Suffolk cierk for regis- 
County, three hundred dollars. ter in Suffolk. 

For expenses of the courts of insolvency, a sum not ex- Expenses of 
ceeding five hundred dollars. courts. 



DISTRICT ATTORNEYS. 

For the salary of the attorney for the county of Suffolk, 
one thousand two hundred and fifty dollars ; and for the 
salary of his clerk, two hundred and fift}^ dollars. 

For the salarj'- of the assistant attorney for the county 
of Suffolk, seven hundred and fifty dollars. 

For the salary of the second assistant attorney for the 
county of Suffolk, five hundred dollars. 

For the salary of the attorney for the eastern district, 
five hundred dollars. 

For the salary of the attorney for the northern district, 
five hundred dollars. 

For the salary of the attorney for the southern district, 
five hundred dollars. 

For the salary of the attorney for the middle district, 
five hundred dollars, 

For the salary of the attorney for the south-eastern dis- 
trict, five hundred dollars. 

For the salary of the attorney for the western district, 
five hundred dollars. 

For the salary of the attorney for the north-western dis- 
trict, three hundred and seventy-five dollars. 

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

Approved January 30, 1879. 



Attorney and 
clerk — 
Suffolk. 



Assistant 
attorney. 

Second assistant 
attorney. 

Attorney — 
Eastern district. 

Northern 
district. 

Southern 
district. 

Middle district. 



South-eastern 
district. 



Western 
district. 



North-western 
district. 



418 



1879. — Chapter 6. 



Chap. 6 



Appropriations 
for tVie quarter 
c-ndini? March 
31, 1«79. 



An Act in addition to "an act making appropriations 

FOR the maintenance OF THE GOVERNMENT DURING THE 
QUARTER ENDING ON THE THIRTY-FIRST DAY OF MARCH OF 
THE PRESENT YEAR." 

Be it enacted^ <£rc., as folloios : 

Section 1. The sums hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Com- 
monwealth, from the ordinary revenue, unless otherwise 
ordered, for the purposes specified, to meet the current 
expenses of the quarter ending on the thirty-first day of 
March, in the year eighteen hundied and seventy-nine, to 
wit : — 



Clerks of senate 
and house. 

8ergeant-at- 
arras. 



Engineer, 
watchmen, and 
firemen. 



LEGISLATIVE DEPARTMENT. 

For the salaries of the clerks of the senate and house 
of representatives, seven hundred and fifty dollars each. 

For the salary of the sergeant-at-arms, seven hundred 
and fifty dollars. 

For the compensation of an engineer, and such watch- 
men and firemen as may be emplo3'ed in the state house, 
a sum not exceeding two thousand three hundred dollars. 



liieutenant-gov- 
ernor and coun- 
cil. 



EXECUTIVE DEPARTMENT. 

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



Secretary. 



First clerk. 



Second clerk. 



Mwsenger. 



Additional 

clerical ujjsist- 
ance. 



secretary's DEPARTMENT. 

For the salary of the secretary of the Commonwealth, 
seven hundred and fift}" dollars. 

¥o\: the salary of the first clerk in the secretary's de- 
partment, five hundred dollars. 

For the salary of the second clerk in the secretary's 
department, four hundred and twenty-five dollars. 

For the salary of the messenger in the secretary's de- 
partment, two hundred and fifty dollars. 

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



TREASURER S DEPARTMENT. 



Treasurer. For the Salary of the treasurer and receiver-general, one 

thousand two hundred and fifty dollars. 



1879. — Chapter 6. 



419 



For the salaiy of the first clerk in the treasurer's cle- First cierk. 
partment, six hundred and twenty-five dollars. 

For the salary of the cashier in the treasurer's depart- cashier. 
ment, five hundred dollars. 

For the salary of the first assistant clerk in the treas- First assistant 
urer's department, four hundred and fifty dollars. 

For such additional clerical assistance as the treasurer Additional 

r, -I , T • 1 T 1 T clerieal assist- 

niay find necessary, a sum not exceeding six hundred and ance. 
fifty dollars. 

TAX commissioner's BUREAU. 
For the salary of the deputy tax commissioner, and Deputy tax 

f^ J • 1 11 1 c PL commissioner. 

commissioner oi corporations, seven hundred ana ntty 
dollars. 

For the salary of the first clerk of the tax commissioner, First cierk. 
four hundred and fifty dollars. 

For the salary of the second clerk of the tax commis- second cierk. 
sioner, three hundred and twenty-five dollars. 

For such additional clerical assistance as the tax com- Additional 

1 • • p 1 • J2 1 clerical aBsist- 

missioner, and commissioner oi corporations, may find ance. 
necessary, a sum not exceeding three thousand dollars. 



AUDITOR S DEPARTMENT. 

For the salary of the auditor of accounts, seven hun- Auditor of ac 
dred and fifty dollars. 

For the salary of the first clerk in the auditor's depart- First eierk. 
ment, five hundred dollars. 

For the salary of the second clerk in the auditor's second cierk. 
department, four hundred and fifty dollars. 

For such additional clerical assistance as the auditor 
may find necessary, a sum not exceeding seven hundred 
dollars. 



Additional 
clerical assist- 
ance. 



ATTORNEY-GENERAL S DEPARTMENT. 



For the salary of the attorney-general, one thousand Attomey- 

two hundred and fift}^ dollars. ^'^"'"^^ " 

For the salary of the assistant attorney-general, six Assistant attor. 

^■^^^r'•t^^ JO ' ney-general. 

hundred and twenty-five dollars. 



COMMISSIONERS AND OTHERS. 



For the salaries of the commissioners of savings banks, commissioners 

one thousand six hundred, and fifty dollars. bankl"'^* 

For the salary of the insurance commissioner, one thou- ^^ 
sand dollars. 



urance com- 
missioner. 



420 



1879. — Chapter 6. 



Deputy. 
Kirst clerk. 
Second clerk. 
Extra clerk. 



Additional 
clerical assist- 
ance. 



Inspector of 
gas-meters. 



Secretary of 
board of health. 



Secretary of 
commissioners 
of prisons, 
liailroad com- 
missioners. 

Clerks. 



AsBa3'er and 
inspectoi of 
liquors. 

Bureau of sta- 
tistics of labor. 

First clerk. 



Additional 
clerical assist- 
ance. 



Land commis- 
sioners. 



For the salary of the deput}^ insurance commissioner, six 
hundred and twenty-five dolhus. 

For the sahiry of the first clerk of the insurance com- 
missioner, five himdred dollars. 

For the salary of the second clerk of the insurance com- 
missioner, three hundred and seventy-five dollars. 

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

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

For the salary and expenses of the inspector of gas- 
meters, seven hundred and fifty dollars. 

For the salary of the secretary of the state board of 
health, six hundred and twenty-five dollars. 

For the salary of the secretary of the commissioners on 
prisons, five hundred dollars. 

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

For the salaries of the clerks of the railroad commis- 
sioners, one thousand two hundred and fifty dollars. 

For the salary of the assayer and inspector of liquors, 
six hundred and twenty-five dollars. 

For the salary of the chief of the bureau of statistics 
of labor, six hundred and twenty-five dollars. 

For the salary of the first clerk in the bureau of statis- 
tics of labor, three hundred and seventj'-five dollars. 

For the compensation of other clerical assistance, and 
for expenses of the bureau of statistics of labor, one thou- 
sand two hundred and fifty dollars. 

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



Secretary. 



Clerical ser- 

ViCUH. 



AGRICULTURAL DEPARTMENT. 

For the salary of the secretary of the board of agricul- 
ture, six hundred and twenty-five dollars. 

For the salar}^ of the clerk of the secretary of the board 
of agriculture, three hundred dollars ; and for such other 
clerical services in the office of the secretary of said board, 
one hundred dollars. 



state charities — 
Secrelarv. 



CHARITABLE DEPARTMENT. 



For the salary of the secretary of the board of state 
charities, six hundred and twenty-five dollars. 



1879. — Chapter 6. 



421 



For such clerical assistance as the secretary of the board 
of state charities may find necessary, a sum not exceeding 
one thousand one hundred and fifty dollars. 

For the salary of the general agent of the board of state 
charities, seven hundred and fifty dollars. 

For such clerical and other assistance as the general 
agent of the board of state charities may find necessary, a 
sum not exceeding two thousand five hundred dollars. 

For the salary of the visiting agent of the board of state 
charities, six hundred and twenty-five dollars. 

For such clerical and other assistance as the visiting 
agent of tlie board of state charities may find necessary, 
a sum not exceeding two thousand one hundred and 
twenty-five 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 one thousand two hundred and fifty dollars. 



Clerical asMUt- 
ance. 



General agent. 



Clerical and 
other assist- 
ance. 



visiting agent. 



Clerical and 
other assist- 
ance. 



Agent.of sick 
state poor. 



Clerical and 
other assist- 
ance. 



EDUCATIONAL DEPARTMENT. 

For the salary and expenses of the secretary of the Board of edu- 

board of education, seven hundred and twenty-five dol- secr^t^y. 
lars. 

For the salary of the assistant librarian and clerk of Assistant libra - 

the board of education, five hundred dollars. of board. 

For such additional clerical assistance in the state library Additional 

1 r ^ i 1 • £! 1 clerical assist- 

as may be tound necessary, a sum not exceeding five hun- ance. 
dred and four dollars. 



MILITARY DEPARTMENT. 

For the salary of the adjutant-general, six hundred and ^J^^^^l'' 
twent3'-five dollars. 

For the salary of the first clerk of the adjutant-general. First cierk. 
five hundred dollars. 

For the salary of the second clerk of the adjutant-gen- second cierk. 
eral, four hundred and fifty dollars. 

For the salary of the surgeon-general, six hundred and surgeon- 
twenty-five dollars. 

For the salary of the first clerk of the surgeon-general. First cierk. 
five hundred dollars. 

For the salary of the second clerk of the surgeon-general, Second cierk. 
three hundred and twenty-five dollars. 



422 



1879. — Chapter 7. 



Messenger. 



Employes at 
arsenal. 



Clerical assist- 
ance. 



List of sailors 
and n-.arincs. 



Diplomas. 



Additional cleri- 
eal assistance. 



For the salary of the messenger of the surgeon-general, 
two hundred and fifty dollars. 

For the compensation of the employee's at the state 
arsenal, a sum not exceeding nine hundred dollars. 

P'or 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 six hundred 
and fifty dollars ; and for assistance in the issuing of 
diplomas to soldiers and sailors of the late war, a sura not 
exceeding two hundred and fifty dollars. 

For such additional clerical assistance as the adjutant- 
general may find necessary, a sum not exceeding one thou- 
sand two hundred and fifty dollars. 

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

Approved January 30„ 1879. 



Chap. 7 An Act making appropriations for the compensation of 

THE MEMBERS OF THE LEGISLATURE, FOR THE COMPENSATION 
OF OFFICERS THEREOF, AND FOR OTHER PURPOSES. 

Be it enacted, &c., as folloivs: 

Section 1. The sums hereinafter mentioned are ap- 
propriated, 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 
fifteen thousand dollars. 

For the compensation of representatives, a sura not ex- 
ceeding one hundred thousand dollars. 

For the compensation of the preacher of the election 
sermon, one hundred dollars. 

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

For the compensation of the door-keepers, messengers 
and pages of the senate and house of representatives, a 
sum not exceeding ten thousand dollars. 

For the expenses of summoning witnesses before com- 
mittees, and for fees of such witnesses, a sum not exceed- 
ing two hundred dollars. 

For the authorized expenses of committees of the pres- 
ent legislature, to include clerical assistance to committees 
authorized to employ the same, a sum not exceeding five 
thousand dollars. 

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

Approved Jamiary 31, 1S79. 



Appropriations. 



Senators — 
Compenrsation. 

Representa- 
tives — 
Compensation. 

Preacher of 
election sermon 

Chaplains. 



Doorkeepers 
and messengers 



Witnesses be- 
fore committees 



Expenses of 
committees. 



18T9. — Chapters 8, 9, 10, 11. 



423 



An Act to amend chapter fourteen of the general stat- Chap. 8 

UTES RELATING TO THE DUTIES OF THE ATTORNEY-GENERAL. 

Be it enacted^ &c., as follows: 

Section 1. Section twenty-two of chapter fourteen 
of the General Statutes is hereby amended by inserting, 
after the word " auditor " and before the word " or," the 
words '■'■ insurance commissioner." 

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

Approved February 3, 1879. 



Attorney- 
jifiu'ral to 
advise insurance 
commissioner 
on questions of 
law, when re- 
quired. 



Chap. 9 



of Common- 
wealth in Con- 
cord. 



An Act to change the name of the litchfield shuttle 

COMPANY of SOUTHBRIDGE. 

Be it enacted, c&c, as follows: 

Section 1. The name of The Litchfield Shuttle Com- Name changed, 
pany of Southbridge is hereby changed to The Litchfield 
Shuttle Company. 

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

Approved February 3, 1879. 

An Act to authorize the Middlesex central railroad Chap. 10 

COMPANY to cross CERTAIN LAND OF THE COMMONWEALTH 
IN THE TOWN OF CONCORD. 

Be it enacted, &c., as follows: 

Section 1. The Middlesex Central Railroad Company May construct 
may construct and maintain its railroad across the land in road across land 
Concord, owned by the Commonwealth, which is within 
the limits of the location of the railroad of said company, 
as filed and recorded with the county commissioners for 
the county of Middlesex, upon such terms and conditions, 
and for such compensation, as may be prescribed by the 
county commissioners for said county. 

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

Approved February 4, 1879. 

An Act to annex a part of the town of andover to the Chap. 1 1 

CITY of LAWRENCE. 

Be it enacted, &c., as follows: 

Section 1. All that part of the town of Andover, with part of the town 
the inhabitants and estates therein, comprised within the nextdtotheci"ty 
following described lines, to wit: — 

Beginning at an existing monument on the present 
boundary line between Lawrence and Andover, about 
thirty feet easterly of the easterly side line of Chickering 
Street, thence running south-easterly in a straight line 
about forty-seven hundred and eighty feet to the intersec- 
tion of the present boundary line l3etween Andover and 



of Lawrence. 



424 



1879. — Chapters 12, 13. 



Chap. 12 



Bo8ton Protec- 
tive Depart- 
ment — 
Amendment to 
1874,61, §4. 



Amendment to 
1874, 61, §5. 



North Andover with the northerly side line of Railroad 
Street, containing about thirty-six acres, is hereby set off 
from the town of Andover, and annexed to the city of 
Lawrence. 

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

Approved February 4, 1879. 

An Act to amend chapter sixty-one of the acts of the 
year eighteen hundred and seventy-four, entitled " an 
act to incorporate the boston protective department." 
Be it enacted, &c. , as follows : 

Section 1. Section four of chapter sixty-one of the 
acts of the year eighteen hundred and seventy-four is here- 
by amended by adding, after the word " jNIassachusetts," 
in the last line thereof, the words, '•^provided, that the 
premiums received for insuring buildings shall be subject 
to but one-half of the rate of assessment laid on premiums 
received for insuring other property." 

Section 2. Section five of said act is hereby amended 
by striking out the word " property " in the seventh line 
thereof, and inserting in place thereof, the words " build- 
ings, and of the aggregate amount of premiums received 
for insuring other property." 

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

Approved February 4, 1879. 

An Act making appropriations for expenses of the vari- 
ous CHARITABLE AND REFORMATORY INSTITUTIONS, AND FOR 
OTHER PURPOSES. 

Be it enacted, &c., asfoUoivs: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Common- 
wealth, from the ordinary revenue, for the purpose of 
meeting the current expenses of the institutions herein- 
after named, and for other pui'poses, during the quarter 
ending on the thirty-first day of March, in the year eigh- 
teen iiundred and seventy-nine, to wit : — 

For the payment of salaries and wages at the state alms- 
house at Tewksbury, a sum not exceeding five thousand 
dollars; and for other current expenses of said institution, 
a sum not exceeding eighteen thousand dollars. 

For the payment of salaries and wages at the state pri- 
s,,i,.,oi, Mon8on. j^r^yy gcliool at Mouson, a sum not exceeding four thou- 
sand dt)llars ; and for other current expenses of said insti- 
tution, a sum not exceeding ten thousand dollars. 



Chap. 13 



Appropriations. 



State alms- 
houBe, Tewks- 
1/11 ry. 



State primary 



1879. — CHArxER 13. 



425 



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

For the payment of salaries and wages at the state 
prison for women, a sum not exceeding twelve thousand 
dollars ; and for other current expenses of said institution, 
a sum not exceeding eighteen thousand five hundred dol- 
lars. 

For the payment of salaries and wages at the state re- 
form school for boys, a sum not exceeding six thousand 
dollars ; and for other current expenses of said institution, 
a sum not exceeding ten thousand dollars. 

For the pajanent of salaries and wages at the state 
industrial school for girls, a sum not exceeding one thou- 
sand nine hundred dollars ; and for other current expenses 
of said institution, a sum not exceeding four thousand dol- 
lars. 

For the payment of salaries and wages at the state work- 
house at Bridgewater, a sum not exceeding two thousand 
five hundred dollars ; and for other current expenses of 
said institution, a sum not exceeding eight thousand dol- 
lars. 

For the salary of the agent for the relief of discharged 
convicts, two hundred and fifty dollars ; and for the ex- 
penses of said agent, seven hundred and fifty dollars. 

For the salary of the chief of the state detective force, 
six hundred and twenty-five dollars ; for the compensa- 
tion of the detectives, a sum not exceeding nine thousand 
dollars ; for travelling expenses actually paid by said de- 
tectives, a sum not exceeding one thousand eight hundred 
dollars ; and for incidental and contingent expenses, a sum 
not exceeding one thousand dollars. 

For expenses of the board of prison commissioners, a 
sum not exceeding four hundred dollars. 

For expenses of the general agent of the board of state 
charities, a sum not exceeding three hundred and fifty 
dollars. 

For expenses of the secretary of the board of state 
charities, a sum not exceeding one hundred and fifty dol- 
lars. 

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

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



State prison. 



State prison 
for women. 



State reform 
school for boys. 



State inclustrial 
school for girls. 



State work- 
house, Bridge- 
water. 



Discharged con- 
victs. 



State detective 
force. 



Prison comrais- 
sioners. 

Board of state 
charities — 
Agent's ex- 
penses. 

Secretary's ex- 
penses. 



Visiting agent's 
expenses. 



Agent of sick 
state poor. 



426 



1879. — Chapters U, 15, 16. 



Chap. 14 



Fee paid for 
copy of process 
to be recovered 
by plaintiff, if 
he prevails. 



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

Approved February 4^ 1879. 

An Act in addition to "an act relating to the attor- 
ney IN this commonwealth of insurance companies of 
other states and countries. " 
Be it enacted, <&c., as follows: 

SECTioif i. In all cases where lawful process shall be 
served upon the insurance commissioner, the fee pre- 
scribed in section two of chapter thirty-six of the acts of 
the year eighteen hundred and seventy-eight, shall be paid 
by the plaintiff at the time of such service, the same to be 
recovered by him as part of the taxable costs, if he pre- 
vails in the suit. 

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

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

Approved February 4, 1879. 

Chap. 15 An Act to annex a part of the town of north andovee 

TO THE CITY OF LAWRENCE. 

Be it enacted, &c., as follows: 

Section 1. All that part of the town of North Ando- 
ver, with the inhabitants and estates therein, comprised 
within the following described lines, to wit : — 

Beginning at the intersection of the present boundar}' 
line between Lawrence and North Andover with the east- 
erly side line of Salem Turnpike, so called, thence running 
south-easterly about twenty-two hundred and seventy feet 
on said easterly side line of Salem Turnpike to its inter- 
section with the northerly side line of Railroad Street, so 
called, thence running south-easterl}' about ten hundred 
and fifty feet on said northerly side line of Railroad Street 
to its intersection with the present boundary line between 
North Andover and Andover, containing about one hun- 
dred and six acres, is hereby set off from the town of North 
Andover, and annexed to the city of Lawrence. 

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

Approved February 4, 1879. 

An Act to amend section tiiirty-seven of chapter one hun- 
dred AND sixty-five OF THE GENERAL STATUTES RELATING TO 
THE VIOLATION OF SEPULTURE. 

Be it enacted, &c., as follows: 

■ Section 1. Section thirty-seven of chapter one hun- 
dred and sixty-five of the General Statutes is hereby 



Part of town of 
North Andover 
annexed to the 
city of Law- 
rence. 



Chap. 16 



Anjeiidmcnt to 
Q. 8. 165, §37. 



1879. 



Chapters 17, 18, 19. 



427 



amended by striking out the words " not exceeding one 
year or in the jail not exceeding two," and inserting 
instead thereof the words "three years or in the jail not 
exceeding three: " j^^'ovided, that nothing herein contained 
shall apply to any case now pending or any offence here- 
tofore committed. 

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

Approved February 7, 1879. 

An Act to authorize the proprietors of harvard chapel Chap. 17 

TO SELL real AND PERSONAL ESTATE. 

Be it enacted, &c., as follows: 

Section 1. The Harvard Chapel, a religious corpora- 
tion, in that part of Boston formerly called Charlestown, 
is hereby authorized to sell and convey all its real estate 
and ])ersonal property, and to use the proceeds thereof, 
after paying the debts of said society, as shall be decreed 
by the supreme judicial court sitt:ing in equit}^, upon 
proper application tliereto. 

Section 2. Said society may, after the disposal of all 
its corporate propert}^ and estate, and the payment and dis- 
charge of all debts outstanding against it, dissolve itself 
and cease to hold any corporate powers. 

Section 3. This act shall not take effect, unless ac- 
cepted by a vote of two-thirds of the members of said 
society present and voting thereon, at a legal meeting 
called for that purpose. 

Approved February 7, 1879. 

An Act relative to the Massachusetts baptist convention. Chap. 18 
Be it enacted, &c., as follows : 

Section 1. So much of chapter sixty-one of the acts Maes. Baptist 
of the year eighteen hundred and eight, entitled "An Act E?mi*on'of" 
to incorporate the members of a society by the name of °^8%i 
the Baptist Missionary Society in Massachusetts," as re- 
stricts s^dd society, now known as the " Massachusetts 
Baptist Convention," as to the names and manner of elect- 
ing its officers, is hereby repealed. 

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

Approved February 7, 1879. 

An Act to extend the charter of the winnisimmet railroad 
company, with power to alter present lease or make a 

NEW ONE. 

Be it enacted, &c., as follows: 

Section 1. So much of section fifteen of chapter two charter ex- 



Harvard Chapel 

may sell real and 
personal estate. 



Proceeds to be 
applied under 
decree of S.J.C. 



Corporation 
may be dis- 
solved after 
paj-ment of 
debts. 



Subject to ac- 
ceptance by 
the society. 



Chap. 19 



428 1879. — Chapter 20. 

[fmfuurn*or'^ hundred and twenty-seven of the acts of the year eighteen 
time. hundred and fifty-seven as limits tlie existence of the VVin- 

nisiramet Raih"oad Company to the period of fifty years 
from the passage of said act is hereby repealed ; and the 
existence of said corporation shall remain subject only to 
the general provisions of law. 
SalTor^"""'' Section 2. The Winnisimmet Railroad Company is 
makeanewone. hereby authorized to alter its present lease to the Lynn 
and Boston Railroad Company, and is also hereby author- 
ized, instead of such alteration or in addition thereto, to 
make a new lease of its road and other ])roperty to said 
Lynn and Boston Railroad Company on such terms and 
Subject to ap- conditions as may be approved by a niiiioritv in interest 

Drovul uv stock- ^ *^ o * 

boiders. of the stocklioldcrs of said companies respectively present 

and voting at meetings legally held for that purpose. 
Section 3. This act shall take effect upon its passage. 

Approved February 7, 1879. 

Chap. 20 -A^N Act to supply the town of middlebouough with pure 

WATER. 

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

Water supply SECTION 1. The towu of MiddlcboTough is hereby 

Brockion"^ authorized to supply itself and its inhabitants with pure 

water to extinguish fires, generate steam, and for domestic 

and other uses ; to establish fountains and hydrants; to 

reguhite their use, and re-locate or discontinue the same; 

and to fix and collect rents for the use of said water. 

May take waters SECTION 2. Said towu, for tlic purposcs aforcsaid, may 

River™**'''''^ take and hold the water, or so much thereof as may be 

necessary, with the water rights connected therewith, of 

the Namasket Ri\4er, or of any springs, natural ponds, 

brooks or other water sources, within its own limits; and 

May take and may also take and hold all necessary lands for raising, 

hold land. 1 IT 1 • 1 4^ 1 • 4.1 

holding and preserving such water, and conveying the 
same to any and all parts of said town ; and may erect 

May erect dams, thercon propcr dauis, buildings, fixtures and other struc- 
tures, and make excavations, and procure and run ma- 
chineiy therefor, with such other means and appliances as 
may be necessary for complete and effective water works ; 

May lay down aud for that puiposc mav construct and lay down conduits, 

pipes and con- . 1 A 1 ' 1 11 a 

duits. pipes and other works under or over any lands, water 

courses or roads, and along any street, highwa}- or other 
way, in such manner as when completed not unnecessaril}'- 
to obstruct the same ; and for the purpose of constructing, 
laying down, maintaining and repairing such conduits, 
pij)es and other works, and for all other proper purposes of 



1879. — Chapter 20. 



429 



this act, may dijr up, raise and embank any such lands, 
highways or other ways, in such manner as to cause the 
least hindrance to travel thereon : provided^ th it 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 county of Plymouth, a description thereof sufficiently 
accurate for identification, with a statement of the purpose 
for which the same is taken, signed by the commissioners 
hereinafter named. 

Section 3. The said town of Middleborough shall be 
liable to pay all damages sustained by any persons or 
corporations in their property, by the taking of any lands, 
water, water sources or water rights, or by the construc- 
tion of any aqueducts, reservoirs or other works for the 
purposes aforesaid. If any person, persons or corporations 
sustaining damages as aforesaid, cannot agree with the 
town upon the amount of such damages, he or they may 
have them assessed by the count}^ commissioners for the 
county of Plymouth, 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 esti- 
mation of said damages, he or they may have said damages 
settled by a jury; and said commissioners 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 high- 
ways. 

Sectfon 4. For the purpose of paying all necessary 
expenses and liabilities incurred under the provisions of 
this act, said town shall have autjiority to issue notes, 
bonds or scrip, from time to time, signed b}' the treasurer, 
and countersigned by the chairman of the selectmen, to be 
denominated on the face thereof " Middleborough Water 
Loan," to an amount not exceeding sixty-five thousand 
dollars, payable at periods not exceeding thirt}'' years from 
the date thereof, with interest payable semi-annually at ar 
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 pay the interest on said 
loans as it accrues ; and shall establish, at the time of con- 
tracting said debt, a sinking fund, and contribute thereto 



To file in regis- 
try of deeds a 
description of 
the land taken. 



Liability for 
damages. 



Assessment of 
damages. 



Party aggrieved 
may' apply for a 
jury. 



Water loan not 
to exceed 
$65,000. 



Sinking fund to 
be established. 



430 



1879. — Chapter 20. 



Water commis- 
sioners to be 
trustees of fund. 



Penalty for di- 
vertini; water 
or rendering 
it Impure. 



Three water 
comraissioners 
to be elected. 



Vacancies in 
board. 

Commissioners 
t« contract for 
and superintend 
conHtniction ot 
water works. 



Rents to be so 
fixed that inter- 
est on loan niaj' 
be paid from 
net income. 



Net surplus to 
lie set apart as 
sinking fund. 



from 3'ear to year a sum sufficient with its accumulations 
to pay the principal of said loan at maturity : and said 
sinking fund shall remain inviolate and pledged to the pay- 
ment of said debt, and shall be used for no other purpose. 
The board of water commissioners hereinafter 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 
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 thau 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, there shall be elected by ballot a 
board of three water commissioners ; one to serve till 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 which first elec- 
tion one member of the said board, as the term expires, 
shall be elected at the annual meeling to serve for three 
years. Vacancies in the board may be filled at any town 
meeting duly called for the purpose. Said commissioners 
shall contract for and superintend the construction and 
completion of the said Avater works, and have charge of 
the same when completed, and may exercise all rights, 
powers and privileges for the purposes herein granted, 
subject to the instructions of the town ; and a majority of 
said commissioners shall constitute a quorum for the trans- 
action of business relative both to the water works, and as 
trustees of the sinking fund. 

Section 7. Said water commissioners shall so establish 
the rents foi- the use of said Avater as to provide annually 
from the net income for the payment of the interest on the 
" Middleborough Water Loan," and also after three years 
from the introduction of said water, for the further pay- 
ment of not less than one per centum of the principal of 
said loan. The net surplus, after deducting all interest 
and expenses, shall be set apart as a sinking fund and 



1879. — Chapter 21. 431 

applied solely to the payment of the principal of said 
water loan, until the same is fully paid and discharp^ed. 

Section 8. At any time after the expiration of three if income is in- 
years from the introduction of said water, and before the ^nto't'sr&c.r^ 
re-imbursement of the principal of said "Middleborough }^''.jy\°/i^.'***"" 
Water Loan," if the net income from said water rents, at creased. 
the rates established by the water commissioners, shall for 
any two successive years be insufficient to pay the accruing 
interest on said loan, and the one per centum to the sink- 
ing fund as aforesaid, then the supreme judicial court, or 
any justice thereof, upon the petition of twenty-five or 
more legal voters of said town, shall appoint three com- 
missioners, who upon due notice to the parties interested 
may increase the price of said water, so far as may be 
necessary for the purposes aforesaid, but no further ; and 
the award of said commissioners, or a majority of them, 
being returned and accepted by said court at the next 
term thereof, shall be binding and conclusive for not less 
than three years next after said acceptance. 

Section 9. The occupant of any tenement shall be Liability of 
liable for the payment of the rent for the use of water in Cwuer!" 
such tenement, and the owner shall also be liable, if on 
being notified in writing of such use he does not object 
thereto. 

Section 10. This act shall take effect upon its pas- No liability to 
sage; but no expenditure shall be made or liability in- until act is 
curred under the same until the act is accepted by a vote ^hetown.^^ 
of a majority of the legal voters of said town, present and 
voting thereon, at a legal meeting called for that purpose, 
and held in the same manner as meetings for the election 
of town officers : the check list shall be used, and the 
voting at such meeting shall be by ballot, written or 
printed, yea or nay. And this act shall be void unless so Act void, unless 
accepted by said town within three years from the date of three years'.*^ *" 
its passage. AjJj^roved February 11, 1879. 

An Act to provide a PENitLTY for withholding informa- Chap. 21 

TION SOUGHT BY SCHOOL COMMITTEES OR THEIR AGENTS. 

Be it enacted, &c., as folloics : 

Section 1. Every person having under his control Penalty for 
a child between the ages of eight and fourteen jears, infu™adon 
who shall withhold the information in his possession and commit^ee!"^""' 
sought by the school committee or their agents as re- 
quired by chapter three hundred and three of the acts 
of the year eighteen hundred and seventy-four, or falsify 
in regard to the same, shall be punished by a fine not 



432 



1879. — Chapters 22, 23, 24. 



Chap. 22 



Charter amend- 
ed. 

1869,265, §4. 



Chap. 23 



May hold meet- 
ings in the city 
of New York. 



Chap. 24 



OUy may pay 
for materials 
furninhed by 
Michael K. ' 
Wells while a 
member of the 
city council. 



exceeding twenty dollars, or by imprisonment in the coun- 
ty jail for a term not exceeding thirty days. 

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

Approved February 12, 1879. 

An Act to amend chapter two hundred and sixtv-five of 

THE acts of the YEAR EIGHTEEN HUNDRED AND SIXTY-NINE, 
ENTITLED " AN ACT TO INCORPORATE THE TRUSTEES OF THE 
HOME FOR AGED FEMALES, IN THE CITY OF WORCESTER." 

Be it enacted, &c., as follows : 

Section 1. Section four of chapter two hundred and 
sixty-five of the acts of the year eigliteen hundred and 
sixty-nine is hereby amended by striking out the words, 
"and the secretary of the corporation shall be the secre- 
retary of the board of visitors, and keep a record of their 
acts and doings in the same book in which he keeps the 
record of the corporation." 

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

Approved February 12, 1879. 

An Act to authorize the trustees of the delta psi society 
of williams college to hold meetings in the city of new 

YORK. 

Be it enacted, &c., as follows: 

Section 1. The Trustees of the Delta Psi Society of 
Williams College are hereby authorized to hold meetings 
for the purposes mentioned in their act of incorjDoration, 
in the city of New York, as well as in this Commonwealth. 

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

Approved February 12, 1879. 

An Act to authorize the city of boston to pay the adminis- 
trator OF THE ESTATE OF MICHAEL F. AVELLS FOR LABOR AND 
MATERIALS FURNISHED BY SAID WELLS TO SAID CITY, WHILE A. 
MEMBER OF ITS CITY COUNCIL. 

Be it enacted, &c., as follows: 

Section 1. The city of Boston is hereby authorized 
to pay to the administrator of the estate of Michael F. 
Wells the sum of fifty -seven dollars and fifteen cents, for 
labor and materials furnished by said Wells to the fire de- 
partment of the city of Boston in the month of June in 
the year eighteen hundred and seventy-three, while said 
Wells was a member of the city council of said city. 

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

Approved February 12, 1879. 



1879. — Chapters 25, 26, 27. 



433 



Chap. 25 



^fay borrow 
money to build 
bridge across 
Connecticut 
River. 
1873, 200. 



An Act in addition to "an act to establish a free bridge 
across the connecticut river between springfield and 

AGAWAM." 

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

Section 1. The county commissioners of Hampden 
County may borrow on the credit of said county an addi- 
tional sum of money not exceeding fifteen thousand, dol- 
lars, to pay the expenses of building and constructing the 
free bridge and highway across the Connecticut River at 
Springfield, provided for by chapter two hundred of the 
acts of the year eighteen hundred and seventy-three ; said 
sum to be borne and paid in the manner provided by 
section four of said act. 

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

Approved February 14, 1879. 

An Act to unite the first congregational society in south Chan. 26 

HADLEY FALLS AND THE SOUTH RELIGIOUS SOCIETY IN SOUTH 



Be it enacted, t&c, as follows: 

Section 1. The First Congregational Society in South 
Hadley Falls and the South Religious Society in South 
Hadley are hereby united in one religious society under 
the name of the Congregational Society in South Hadley 
Falls ; and all the powers, privileges, franchises and prop- 
erty now enjoyed and possessed by said two corporations 
are hereby vested in said united society. 

Section 2. All property now held in trust for said cor- 
porations severally, by separate boards of trustees, shall 
be hereafter vested in and held by one board of trustees 
chosen by said united society and remain subject to all the 
conditions and trusts to which the same is now subject. 

Section 3. The agreement into which said corpora- 
tions have entered for the purpose of effecting such union 
and which is recorded in the records of each of said cor- 
porations, is hereby ratified and confirmed, and shall be 
recorded in the records of said Congregational Society in 
South Hadley Falls. 

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

Approved February 14, 1879. 

An Act to authorize the boston and lowell railroad Chap. 27 

corporation to purchase the LOWELL AND LAWRENCE RAIL- 
ROAD AND THE SALEM AND LOWELL RAILROAD, AND TO AMEND 
ITS CHARTER. 

Be it enacted, &c. , as follows : 

Section 1. The Boston and Lowell Railroad Corpora- Boston and 



Societies united 
under name of 
the Congrega- 
tional Society in 
South Hadley 
Falls. 



Property to be 
vested in one 
board of trus- 
tees. 



Agreement be- 
tween corpora- 
tions ratified 
and confirmed. 



434 



1879. — Chapi'er 28. 



Lowell Railroad 
Corporation 
may jxirchaHc 
the Lowell and 
Lawrence, and 
Salem and Ivow- 
ell Uailruadt). 



Powers and 
duties. 



Proviso. 



May increase 
capital stock. 



May increase 
number of 
directors. 



Chap. 28 



Propriotorsmay 
take tombs 
under the 
chun^h after 
ap[)raiHal. 



tion is authorized to purchase the rights, franchise and 
property of the Lowell and Lawrence Railroad Company 
and the Salem and Lowell Railroad Company, or either of 
them, and the said Lowell and Lawrence Railroad Com- 
pany and Salem and Lowell Railroad Company, or either 
of them, are authorized to convey and assign to the said 
Boston and Lowell Railroad Corporation, their franchises 
and property, and all the rights, easements, privileges and 
powers granted them or either of them, and the said 
Boston and Lowell Railroad Corporation, shall upon such 
conveyance being made to it, have and enjoy all the rights, 
powers, privileges, easements, franchises and property, and 
be subject to all duties, liabilities, obligations and restric- 
tions, to which said Lowell and Lawrence Railroad Com- 
pany and said Salem and Lowell Railroad Company, or 
either of them, may be subject : provided.^ hoivever, that 
such purchase or sale shall not be valid unless agreed to 
by the directors of the contracting corporations, and ap- 
proved by the majority of the votes at meetings of the 
stockholders of each corporation called for that purpose, 
and by the board of railroad commissioners. 

Section 2. For the purpose of providing means for 
the expenditures authorized by the preceding section, the 
said Boston and Lowell Railroad Corporation is hereby 
authorized to increase its capital stock by issuing, in ad- 
dition to the amount now allowed by law to be issued, an 
amount not exceeding six hundred and twenty thousand 
dollars. 

Section 3. The Boston and Lowell Railroad Corpora- 
tion is hereby authorized to increase the number of its 
directors from five to seven. 

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

Aj'iproved February 14, 1879. 

An Act prohibiting interments under saint paul's church 
in boston, and for other purposes. 

Be it enacted, &c., as foUoivs : 

Section 1. The proprietors of Saint Paul's Church in 
Boston may take all tombs under said church, and all 
rights of interment therein, Ihe same having been first 
appraised by three disinterested persons to be cliosen by 
the wardens and vestry of said Saint Paul's Church; or said 
proprietors may agree witli any oNvner or owners of said 
tombs or rights for the purchase of said tombs, and the 
extinguishment of all rights of interment therein. 

Section 2. Whenever the wardens and vestry sliall, 



1879. — Chapter 29. 435 

by vote at a meeting legally called for that purpose, de- vestry to have 

termine to take such tombs or rights, and shall have had and to nuufy'^'' 

the same appraised as provided in section one, they shall ^ntLFre'slod! 

give notice to all persons interested in such tombs, either 

by serving such notice upon at least one owner of each 

tomb, or by publishing the same for three successive weeks 

in two newspapers at least, printed in the city of Boston, 

that all bodies and remains interred in tombs under said 

church, the same having become dangerous to public 

health, must be removed within sixty days after such 

notice or after said first publication ; and in case said 

bodies or remains shall not have been removed within said 

sixty days, said wardens and vestry may, at the expense of Remains to be 

said proprietors, cause the same to be removed and interred sfxty^daysT"^ '" 

in some suitable place, in which case said wardens and 

vestry may deduct from the appraised value of the tombs 

and rights aforesaid, so much thereof as shall be necessary 

to pay the reasonable expenses of such removal, and of 

the purchase of suitable places for the interment of said 

bodies and remains, and the balance shall within thirty 

days after demand be paid over to the person or persons 

entitled to receive the same. 

Section 3. Any owner of said tombs or rights, who Party asTgrieved 
is aggrieved by the doings of said appraisers, may apply prtitfon'to ^ 
by petition to the superior court for the county of Suffolk, foV^thnomlty 
at any term thereof within six months after the service or of Suffolk. 
first publication of notice as provided in section two, and 
after due notice to said, proprietors a trial shall be had at 
the bar of the court in the same manner in which other 
civil causes are there tried by a juiy; but in entering 
judgment the court shall take into account the sum, if any, 
to be deducted under the provisions of section two, and if 
either party request it the jury shall view the place in 
question. 

Section 4. The further use of the tombs under Saint interments 
Paul's Church for interments, or the temporary deposit of ^'"' 
the dead, is hereby prohibited. 

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

Approved February 14^ 1879. 

An Act making appropriations for the maintenance of Chc/J). 29 

THE government DURING THE PRESENT TEAR. 

Be it enactvd^ t&c, as follotvs : 

Section 1. The sums hereinafter mentioned are ap- Appropriations, 
propviated, for the purposes specified, to be paid from the 
ordinary revenue, to meet the current expenses of the 



436 



1879. — Chapter 29. 



year ending on the thirty-first clay of December in the 
year eighteen hundred and seventy-nine, to wit : — 



Printing and 
binding ordered 
by legiMlatiire. 



Senate station- 
ery. 



House station- 
ery. 



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



Stationery, etc., 
for the council. 



Contingent ex- 
penses of the 
council. 



State bouse — 
Fuel and lights. 

Furniture and 
repairs. 

Contingent ex- 
penses of legis- 
lature. 



Expenses of 
house in Pern- 
berton Square. 



Incidental ex- 
penses — 
Secretary. 
Treasurer. 



Tax commis- 
sioner. 



Auditor. 



Insurance com- 
missioner. 

Supreme 
judicial court. 

Attorney- 
general. 



LEGISLATIVE AND EXECUTIVE DEPARTMENTS. 

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

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

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

For books, stationeiy, printing and advertising, ordered 
by the sergeant-at-arius, a sum not exceeding tliree hun- 
dred dollars. 

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

For contingent expenses of the executive council, a sum 
not exceeding seven hundred and fifty dollars. 

STATE HOUSE EXPENSES. 

For fuel and lights at the state house, a sum not exceed- 
ing one thousand dollars. 

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

INCIDENTAL AND CONTINGENT EXPENSES. 

For incidental expenses of the secretary's department, a 
sum not exceeding seven hundred and fifty dollars. 

For incidental expenses of tlie treasurer's department, a 
sum not exceeding two hundred and fifty dollars. 

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

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

For expenses of the insurance commissioner's depart- 
ment, a sum not exceeding one 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 



1879. — Chapter 30. 



437 



sum not exceeding one thousand two hundred doHars ; and 

for expenses of civil actions, a sum not exceeding three civii actions. 

hundred dollars. 

MILITARY DEPARTMENT. 

For expenses of the adjutant-general's department, a Adjutant- 
sum not exceeding seven haiidred and fifty dollars. genera. 

For expenses of the bureau of the quartermaster-general, QuartermaBter- 

a sum not exceeding eight hundred dollars. gtntra . 

For expenses of the buieau of the surgeon-general, a surgeon- 

sum not exceedinsr one hundred dolhirs. general. 



Railroad com- 
missionere. 



Commissioners 
on inland 
fisheries. 



Coramiesioners, 
savings banks. 



State board of 
health. 

Commissioner 
of corporations. 

Ifarbor commis- 
sioners. 



MISCELLANEOUS. 

For rent of office and contingent expenses of the rail- 
road commissioners, a sum not exceeding six hundred 
dollars. 

For the compensation and expenses of the commissioners 
on inland fisheries, a sum not exceeding one thousand 
dollars. 

For the travelling and incidental expenses of the com- 
missioners on savings banks, a sum not exceeding four 
hundred dollars. 

For expenses of the state board of health, a sum not 
exceeding six hundred and fifty dollars. 

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

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

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

Approved February 14, 1879. 

An Act making additional appuopriations for certain ex- Chap. 30 

PENDITURES AUTHORIZED IN THE YEAR EIGHTEEN HUNDRED AND 
SEVENTY-EIGHT. 

Be it enacted, &c., as foUoios : 

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, postage, &c., ordered by the sergeant-at- 
arms, forty-two dollars and eighty-two cents. 

For mileage of the lieutenant-governor and council, a 
sum not exceeding five hundred dollars. 

For printing the general laws, nine hundred sixty-three 
dollars and ninety-four cents. 

For ex[)enses of courts of insolvency, a sum not exceed- 
ing: two thousand dollars. 



Appropriations. 



Stationery, etc., 

sergeant-at- 

arms. 

Lieutenant-gov- 
ernor and coun- 
cil. Mileage. 

Printing gen- 
eral laws. 

Courts of insol- 
vency. 



438 



1879. — Chapter 31. 



Railroad FoF expenses of the railroad commissioners, a sum not 

exceeding one hundred thirty-three dolhirs and seventy- 
two cents. 

For the re-imbursement of cities and towns for sums 
paid to Massachusetts volunteers and their families, a sum 
not exceeding seventeen thousand three hundred eighty- 
three dollars and sixty-one cents. 

For expenses incurred in connection with the soldiers' 
lot at Dedham, forty-seven dollars and seventy-five cents. 

For the support of lunatic state paupers, a sum not ex- 
ceeding fifteen thousand dollars. 

For the removal of prisoners to the prison for women, a 
sum not exceeding one hundred and seventy-five dollars. 
. For the support of normal schools, a sura not exceeding 
two hundred and two dollars and eighty-two cents. 

For expenses incurred in connection with the normal 
school buildings at Westfield, eighty-four dollars and four 
cents. 

From the appropi-iation made the previous year for the 
current expenses of the state primary school at Monson, 
there may be paid a sum not exceeding one thousand eight 
hundred and four dollars and nine cents, for salaries and 
wages at said institution. 

From the appropriation made the previous year for 
salai'ies and wages at the reform school for boys, there 
may be paid a sum not exceeding two thousand eight 
hundred and thirteen dollars and seventy-one cents, for 
the current expenses of said institution. 

The appropriation made the previous year for teachers' 
institutes, is hereby made applicable for the payment of 
expenses incurred in the preparation of statistics for the 
report of the board of education. 

For the travelling expenses of the state detectives, a 
sum not exceeding one thousand seven hundred dollars. 

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

Apjjroved February 14, 1S79. 

Chap. 31 -A.N Act to amend chapter two hundred and five of the 

ACTS OF THE YEAR EIGUTKEN HINDRED AND SEVENTY-FOUR, 
ENTITLED "AN ACT REF.ATING TO THE RIGHTS OF HUSBANDS 
AND AVIVES AND FOR THE PROTECTION OF MINOR CHILDREN," 

Be it enacted^ tOc, as follows: 

Section 1. Upon any petition filed under chii|)tcr two 
hundred and five of the acts of the year eighteen hundied 
and seventy-four, entitled '• An Act relating to tlie rights 
of husbands and wives and for the protection of minor 



Re-imburse- 
ment for Hums 
paid to Miisei. 
volunteers. 



Soldiers' lot at 
Dcdbam. 

Lunatic state 
paupers. 

Removal of pris- 
oners to prison 
for women. 

Normal scbools. 



Normal school 
buildings at 
Westfield. 



State primary 
school at 
Monson. 



Reform school 
for boys. 



Teachers' 

institutes. 



State detectives. 



Attachment of 
Imsbiind'H prop- 
erty may be 
made upon peti- 
tion liled uuder 
1874, 205. 



1879. — Chapters 32, 33, 34. 



439 



Chap. 32 



Real and person- 
al estate not to 
exceed $126,000. 



children," an attachment of the husband's property may 
be made as is now provided by hiw in cases of libel for 
divorce ; and the provisions of sections twenty-two, forty- 
five ii^id fifty-three of chapter one hundred and seven of 
the General Statutes shall apply to proceedings under said 
act, so far as the same may be ajoplicable. 

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

Ajjproved February 14, 1879. 

An Act to amend "an act to incorporate the veteran as- 
sociation OF THE INDEPENDENT CORPS OF CADETS." 

Be it enacted, &c., as follows: 

Section 1. Chapter eight of the acts of the year eigh- 
teen hundred and seventy-seven is hereby amended so that 
the association incorporated by said act shall have power 
to hold property, real and personal, to an amount not ex- 
ceeding one hundred and twenty-five thousand dollars. 

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

Approved February 18., 1879. 

An Act to authorize the town of Wilmington to pay a 
certain bounty to john h. simpson and george h. baird, 
for service in the late war as part of the quota of 
said town. 

Be it enacted, &c., as follows: 

Section 1. The town of Wilmington is hereby author- 
ized to raise money, and pay to John H. Simpson and George 
H. Baird, or either of tliem, the sum of one hundred and 
twenty-five dollars each as a bounty for service in the late 
war as a part of the quota of said town : provided, that 
said town shall not be reimbursed by the Commonwealth 
for the money so paid under this act. 

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

Ajjproved February 18, 1879. 

An Act to incorporate the home for aged women in Chop. 34 

WALTHAM. 

Be it enacted, &c., as follows: 

Section 1. Frederick M. Stone, Thomas F. Fales, Corporators. 
Charles Dix, Daniel French, their associates and succes- 
sors, are hereby made a corporation by the name of the 
Home for Aged Women in Waltham, for the purpose of 
providing a home for, and otherwise assisting respectable, 
aged and indigent women ; with all the powers and privi- 
leges, and subject to all the duties, liabilities and restric- 
tions, set forth in all the general laws which now are or 
may hereafter be in force applicable to such corporations. 



Chap. 33 



Town may raise 
money and pay 
bounties. 



Not to be re ira- 
bursed by Com- 
monwealth. 



Name and pur- 
pose. 



Powers and 
duties. 



440 



1879. — Chapters 35, 36. 



Heal and per- 
sonal estate. 



Chap. 35 



Halaries — 
Governor. 



Lieutenant- 
governor and 
council. 



Travelling 
expenses. 



Section 2. Said corporation may, for the purposes 
aforesaid, hold real and personal estate to an amount not 
exceeding fifty thousand dollars. 

Approved February 18, 1ST 9. 

An Act to establish the salary of the governor, and to 
FIX the compensation of the lieutenant-governor and 

COUNCIL AND EMPLOYES OP THE EXECUTIVE DEPARTMENT. 

Be it enacted, &c., as follows: 

Section 1. The governor shall receive out of the treas- 
ury a salaiy of four thousand dollars a year, and shall be 
entitled to no fees or perquisites of office. 

Section 2. The lieutenant-governor and council shall 
receive per year, and at the same rate for any fraction 
thereof, as follows, namely : — The lieutenant-governor, 
two thousand dollars ; members of the council, eight hun- 
dred dollars each. 

Section 3. The lieutenant-governor and each member 
of the council shall be paid for iiis travel from his place of 
abode to the ]jlace of sitting of the governor and council 
and returning home, once in each regular session held 
during the annual session of the legislature, and once for 
each subsequent session, whether consisting of one day or 
of several consecutive days, such sum of money as he shall 
actually expend for such travel. Each member shall cer- 
tify in writing the amount of such expenditures. 

Section 4. The private secretary of the governor, and 
the messenger and assistant messenger in the executive 
department, shall receive per year, and at the same rate 
for any fraction thereof, in full compensation for their ser- 
vices, the following sums, to wit: — The private secretary, 
fifteen hundred dollars ; the messenger, eight hundred 
dollars ; and the assistant messenger, six hundred dollars. 

Section 5. All acts and parts of acts inconsistent here- 
with are hereb}' repealed. 

Section 6. This act shall take effect upon its passage, 
except as to so much thereof as relates to the salary of the 
governor, which shall take effect at the commencement of 
the next political year. Approved February 18, 1879. 

Chap. 36 An Act making appropriations to meet certain expenses 

OF charitable and reformatory INSTITUTIONS, AND FOR 
OTHER PURPOSES. 

Be it enacted, &c., as follows: 
Appropriations. SECTION 1. The sums hereinafter mentioned are appro- 
priated, to be i)aid out of the treasury of the Common- 
wealth from the ordinary revenue, for the purpose of 



Private secre- 
tary. 

Messengers. 



Repeal. 



When to take 
effect. 



1879. — Chapter 36. 441 

meeting certain charitable antl reformatory expenses, dar- 
ing the year ending on the thirty-first day of December, 
eighteen liundred and seventy-nine, to wit : — 

For travelling and other expenses of the board of state Tiavc-iiing 
charities, a snm not exceeding six liundred dollars. board."'''* " 

For the support and relief of state paupers in the luna- support of in- 
tic hospitals and asylums of the Commonwealth, a sum ptrs.^ ""^ ''''"' 
not exceeding twenty-five thousand dollars. 

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

1- P ^1 1 1 11 paupers by 

sum not exceednig five tliousantl dollars. towns. 

For the burial of state paupers by cities and towns, a Burial of state 
sum not exceeding one thousand three hundred dollars. p-^upi^'s- 

For the temporary support of state paupers by cities Temporary sup- 
and towns, a sum not exceeding six thousand dollars. 

For the support of Indian state paupers, a sum not ^,"^^"^8.*''*® 
exceeding one hundred dollars. 

For the support of pauper convicts,- a sum not exceed- Pauper con- 
ing one hundred and twenty-five dollars. 

For the re-imbursement of the JMassachusetts Infant infant asyium. 
Asylum, for the support of infants having no known settle- 
ment in the Commonwealth, a sum not exceeding three 
thousand dollars. 

For the transportation of state paupers, to be expended J/g^P"'^'^''^"^ 
under the direction of the agent of the board of state 
charities, a sum not exceeding two thousand five hundred 
dollars. 

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

For expenses attending the management of cases of set- J^^f^* °4stlrdy 
tlement and bastardy, and in connection with complaints etc. ' 
of, or in behalf of, persons confined as lunatics, a sum not 
exceeding five hundred dollars. 

For expenses incurred in connection with small pox and ^^^^f^™"* 
other diseases dangerous to the public health, a sum not 
exceeding one thousand dollars. 

For the Massachusetts School for Idiotic and P^eeble- idiotic and fee- 
minded Youth, a sum not exceeding five thousand dollars, youth. 

For the annuities due from the Commonwealth, incurred 
by the acceptance of the bequests of the late Martha Jo- Joijonnot annui- 
honnot, a sum not exceeding one thousand three hundred 
dollars. 

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

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



442 



1879. — Chapters 37, 38. 



Advisory board 
of women. 



For expenses incurred by the advisory board of women 
for sundry institutions, a sum not exceeding fifty dollars. 

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

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

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

Approved February 18, 1879. 

Chap. 37 ^^ -^CT IN ADDITION TO AN ACT TO PROVIDE FOR THE KEEP- 
ING OF REGISTERS OF VOTERS IN TOWNS. 



Fugitives from 
justice. 

Medical exara- 
inationM and 
inquestu. 



Registration to 
cease on Satur- 
day next before 
election. 



Tnnholders, etc. 
to be licensed 
by police com- 
missioners. 



Be it enacted, &c., as follows : 

Section 1. In all towns in this Commonwealth regis- 
tration of voters shall cease at ten o'clock in the after- 
noon on the Saturda}?- next preceding the day of any elec- 
tion. 

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

Approved February 18, 1879. 
Chap. 38 -^N Act in relation to the licenses of innholders and 

COMMON victuallers IN THE CITY OF BOSTON. 

Be it enacted, &c., as follows: 

Section 1. All provisions of law applying to the 
mayor and aldermen of the city of Boston relative to the 
licensing of innholders and common victuallers, shall here- 
after apply to the board of police commissioners in said 
city, instead of said mayor and aldermen ; but no inn- 
holder's or common victualler's license issued by said 
board shall be valid unless signed by a majority of the 
members thereof. 

Section 2. All licenses hereafter issued' to innholders 
and common victuallers in said city shall expire on the 
first day of May next after they take effect. Such li- 
censes, for one .year, may be granted during the month of 
April, to take effect on the first day of May next following, 
and such licenses may be granted at aii}^ time for the 
remainder of the year. The licenses alread}' granted to 
innholders and common victuallers in said city, to expire 
on the first day of April next, shall, unless sooner revoked 
for cause, continue in force until the first day of jNlay 
next. 

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

Approved February 18, 1879. 



Licenses to ex- 
pire on the first 
day of May. 



1879. — Chapters 39, 40. 



443 



Chap. 39 



Penalties for in- 
juring memori- 
als of the dead. 



An Act to amend chapter one hundred and sixty-five 
of the general statutes relating to injuring memori- 
als of the dead. 

Be it enacted^ <&c., as foUoivs: 

Section thirty-nine of chapter one hundred and sixty- 
five of the General Statutes is hereby amended by strik- 
ing out the words, " five hundred dolhirs nor less than ten ^- ^- ^^' ^ ^^■ 
dollars, or by imprisonment in the jail not exceeding one 
year," and inserting instead thereof the words, " one 
thousand dollars, or by imprisonment in the jail or house 
of correction not exceeding three years," provided, that 
nothing herein contained shall apply to any case now 
pending, or to any offence heretofore committed. 

Approved February 18, 1879. 
An Act to incorporate the billerica and Bedford nar- Chap. 40 

ROW GAUGE railroad COMPANY. 

Be it enacted, &c., as follows : 

Section 1. William W. Warren, Francis V. Noyes, 
Paul Hill, William R. Hayden, Joshua B. llolden, and 
their associates and successors, are hereby made a corpora- 
tion by the name of the Billerica and Bedford Narrow 
Gauge Kailroad Company, for the purpose of locating, 
constructing, maintaining and operating a railroad in the 
towns of Billerica and Bedford, the southern terminus of 
which shall be at or near the Bedford station of the Mid- 
dlesex Central Railroad, and the northerly terminus at or 
near the North Billeiica station of the Boston and Lowell 
Railroad. Said corporation may locate and construct its 
railroad over the lands of the Billerica and Bedford Rail- 
road Company, and with a gauge of two feet ; but in all 
other respects shall be subject to the same restrictions, 
duties and liabilities and shall have the same powers and 
privileges as if formed and organized under the general 
laws relating to railroad corporations. 

Section 2. Said corporation may purchase, acquire 
and hold the railroad, franchise and property of said Bil- 
lerica and Bedford Railroad Company, which now are in 
the hands of its assignees in bankruptcy or of their 
grantee or grantees ; and it is hereby authorized to file a 
new location of said railroad, to maintain and operate the 
same, and it shall have and possess all the powers, privi- 
leges and franchises conferred upon said Billerica and 
Bedford Railroad Company by the general laws of this 



Corporators. 



Name and pur- 
pose. 



Powers and 
duties. 



May purchase 
franchise and 
property of 
j3edford and 
Billerica Rail- 
road Company. 

May file new 
location of 
road. 



444 



1879. — CiiArTERs 41, 42. 



Capital stock 
not 10 fxceed 
$30,UU0. 



Towns of Bil- 
lerica and Bed- 
ford may take 
stock. 



Chap. 41 



Name changed. 



Chap. 42 



Husband, con- 
victed of an as- 
sault upon Ills 
wife, may be or- 
dered to recoij- 
nize to keep the 
peace for two 
years. 



Order for recog- 
nizance may be 
revoked. 



Commonwealth and by cliapter ninety-nine of the acts of 
the year eighteen hundred and sevent3'-six. 

Section 3. The capital stock of the corporation hereby 
created shall be fixed by the directors, and shall not exceed 
thirty thousand dollars. And said corporation shall have 
the same power to increase its capital stock as if organ- 
ized under tiie general laws. 

Section 4. The towns of Billerica and Bedford are 
hereby authorized to subscribe to the capital stock of the 
corporation hereby created to an amount which, together 
with all previous subscriptions to the stock or securities of 
railroad corporations, shall not exceed the amount now 
authorized by the general laws of this Commonwealth for 
such purposes ; and said subscription shall be under the 
restrictions and conditions required by said general laws. 

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

Approved February 19, 1879. 

An Act to change the name of the trustees of abbott 
female academy in andover. 

Be it enacted, &c., as follows: 

Section 1. The corporate name of the " Trustees of 
Abbott Female Academy," is hereby changed to '' The 
Trustees of Abbott Academy." 

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

Approved February 19, 1879. 

An Act for the protection of married women. 
Be it enacted^ cfcc, as follows: 

Section 1. When before any court or trial justice of 
this Commonwealth any person shall be convicted of an 
assault committed on his wife after this act takes effect, 
said court or justice may, in addition to the other penalties 
inflicted, or in lieu of said penalties, order such person to 
recognize with surety or sureties to keep the peace for any 
term not exceeding two ^ears. 

Section 2. Said court or justice may at an}' time for 
good cause revoke the order f(»r a recognizance, or reduce 
the amount requiied, or direct that the defendant's recog- 
nizance be taken without surety. And if the recognizance 
be not given in court, it may be taken at the jail or other 
place of confinement hy any person authorized to take 
bail in criminal cases. Approved February 19. 1879. 



1879. 



Chapters 43, 44, 45. 



445 



An Act to amend chapteii seventy-seven of the acts of Chap. 43 

THE YEAH EIGHTEEN HUNDRED AND SEVENTY-EIGHT EXTEND- 
ING THE POWERS OF ASSESSORS OF TAXES. 

Be it enacted^ c&c, as follows : 

Section 1. Section one of chapter seventy-seven of Abatement of 
the acts of the year eighteen hundred and seventy-eight ists, '77, §i. 
is hereby amended by striking out the words " two years 
from the time of its assessment," and inserting instead 
thereof the words " the calendar year in which the tax is 
assessed." 

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

Approved February 19^ 1879. 



Chap. 44 



An Act to change the name of the west parish congre- 
gational SOCIETY OP AMESBURY. 

Be it enacted, &c., asfolloios: 

Section 1. The name of the West Parish Congrega- Name changed. 
tional Society of Amesbury is hereby changed to the 
" First Orthodox Congi-egational Society of Merrimac." 

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

Approved February 21, 1879. 



An Act to establish an alewife fishery in eastham. 
Be it enacted, &c., as follows: 

Section 1. The town of Eastham is hereby authorized 
to make the necessary improvements for the preservation 
and taking of alewives in the Great Pond, so called, in the 
town of Eastham and the waters connected therewith and 
the outlet therefrom to the sea, and may take land and do 
all acts necessary for the purpose of establishing, protect- 
ing and regulating an alewife fishery in said waters. 

Section 2. The said town of Eastham shall be liable 
to pay all damages that shall be sustained in any way by 
any persons in their propei-ty, in carrying into effect this 
act. If any person sustaining damage as aforesaid, shall 
not agree with the selectmen of the town upon the amount 
of damage to be paid therefor, he may have his damage as- 
sessed and paid in the manner provided by law in respect 
to land taken for highways. 

Section 3. Any fishery so created shall be deemed to 
be the property of said town of Eastham, and said town 
may make any proper regulations concerning the same, and 
may lease such fishery for a period not exceeding five years, 
upon such terms as may be agreed upon between said town 
and the lessees of the same. 

Section 4. No persons without the permission of said 



Chap. 45 



Preservation 
and taking of 
alewives in 
Great Pond in 
Eastham. 



Town liable for 
damages. 



Fishery to be 
the property of 
the town. 



Alewives not to 
be taken with- 



446 



1879. — Chapters 46, 47. 



out permission 
of tlie town. 



Forfeitures. 



Prosecutions to 
be witliiti tliirty 
dnvs of commit- 
ment of offence. 



Association 
may maintain 
bridge across 
Swift Narrows. 



town or of the lessees of said fishery shall take, kill or haul 
on shore any alewives in the fishery so created by tlie town. 

Skction 5. Whoever violates any of the provisions of 
this act or any of ihe regulations of the town regarding 
said fishery shall forfeit and pay a sum not less than five 
nor more than fifty dollars for each offence, to be recovered 
by prosecution before any court in the county of Barn- 
stable competent to try the same. Said forfeiture shall 
accrue to the benefit of the inhabitants of the tjown. 

Section 6. All prosecutions under the preceding sec- 
tion shall be instituted within thirty days from the time 
the offence was committed. 

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

Approved February 21, 1879. 

Chap. 46 An Act to authorize the onset bat grove association to 

CONSTRUCT AND MAINTAIN A BRIDGE OVER TIDE WATER. 

Be it enacted, <fec., as follows: 

Section 1. The Onset Bay Grove Association is here- 
by authorized to construct and maintain a bridge without 
a draw, connecting their lands and crossing the creek called 
Swift Narrows, provided the license of the board of harbor 
commissioners is first obtained, as provided by law in cases 
above the line of some existing bridge or other stiucture 
authorized by law in which there is in fact no draw, and 
in which the law does not require that a draw be con- 
structed or maintained. 

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

Approved February 21, 1879. 

Chap. 47 An Act to protect the eel fisheries in north river and 

ITS tributaries in the county of PLYMOUTH. 

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

Section 1. Whoever takes, catches or destroys any 
eels in North River or its tiibutaries, in the county of Ply- 
mouth, in any other manner than by spear, or hook and 
line, shall forfeit for every eel so taken, caught or de- 
stroyed, not less than one dollar nor more than five dollars; 
a half of said fine to be paid to the complainant. 

Skction 2. Whoever wilfully places any obstruction, 
or otherwise interferes with the free passage of eels in said 
river or its tributaries, shall forfeit a sum not less than fifty 
nor more than one hundred dollars for each offence. 

Section 3. All fines or penalties for violating this act, 
with costs, may be recovered by comi)laint or action of tort 
in any court of competent jurisdiction. 



Eels not to be 
cauj^ht other 
than by spear, 
or by hook and 
line. 



Free passage of 
eels not to be 
obstructed, 
under penalty. 



Fines and pen- 
all ies. 



1879. — Chapters 48, 49, 50, 51. 447 

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

Approved February 21, 1879. 

An Act to authorize the trustees of the sigma phi socie- Chap. 48 

TV of WILLIAMS COLLEGE TO HOLD MEETINGS IN THE CITY OP 
NEW YORK. 

Be it enacted, &c., as foHoios: 

Section 1. The trustees of the Sigma Phi Society of May hold meet- 
Williams College are hereby authorized to hold meetings, of^New York."*' 
for the purposes mentioned in their act of incorporation, in 
the city of New York, as well as in this Commonwealth. 

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

Approved February 21, 1879. 

An Act to authorize the north parish of wrentham Chap. 49 
TO sell its meeting-house and land to the town of 

NORFOLK. 

Be it enacted, &c., as follows: 

Section" 1. The North Parish of Wrentham is hereby May seii meet- 
authorized to sell its right and title to the meeting-house lafd.'*""^ '*"'^ 
and land now owned or occupied by said parish to the town 
of Norfolk. 

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

Approved February 21, 1879. 

An Act to amend chapter two hundred and sixty-nine of Chap. 50 
the acts of the year eighteen hundred and seventy-two, 
relating to the first district court of northern middle- 
SEX. 

Be it enacted, &c., as folloios: 

Section four of chapter two hundred and sixty-nine of Court for civii 
the acts of the year eighteen hundred and seventy-two is aiidtwTdMo*'n*' 
hereby amended by striking out the words "first Monday," ^''^„*t|f ^''"^ 
and inserting in place thereof the words " first and third 
Mondays." Approved February 21, 1879. 

An Act IN ADDITION TO chapter FIFTY-EIGHT of the GENERAL ChttV. 51 
STATUTES, RELATING TO INSURANCE COMPANIES. 

Be it enacted, &c. , as folloios : 

Section 1. The provisions of section twenty-one of investing offi- 
chapter fifty-eight of the General Statutes, relating: to loans """^^ T ^° ^*"'" 

^ }■ "^ " . "^ row ot coin panj', 

by insurance companies, shall be extended and applied to nor be surety 

ii- -ji, -1 • ,1 for loans to 

all insurance companies that are organized or incorporated others. 
under the laws of this Commonwealth. 

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

Approved February 21, 1879. 



448 



1879. — Chapters 52, 53, 54, 55. 



Chap. 52 



Semi-annual 
dividends. 



An Act to amend chapter one hundred and seventy-five 
OF the acts of the year eighteen hundred and seventy- 
seven, relative to the redemption of the guarantee 

CAPITAL op mutual FIRE INSURANCE COMPANIES. 

Be it enacted^ t&c, as foUoivs : 

Section 1. The provisions of section one of chapter 
one hundred and seventy-five of the acts of the 3'ear eigh- 
teen hundred and seventy-seven are hereby extended to all 
mutual fire insurance companies with a guarantee capital 
organized or incorporated under the laws of this Common- 
wealth. 

Section 2. Section two of chapter one hundred and 
seventy-five of the acts of the year eighteen hundred 
and seventy-seven is hereby repealed. 

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

Approved February 21, 1879. 

An Act in addition to "an act concerning attachments." 
Be it enacted, &c., as follows: 

Section 1. Section one of chapter one hundred and 
sixty-seven of the acts of the year eighteen hundred and 
seventy-six is hereby amended by inserting before the 
word "police" in the third line of said section the words 
"trial justice." 

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

A][)X>roved Februaj-y 21, 1879. 

Chap. 54 An Act in relation to printing briefs in criminal cases. 
Be it enacted, &c., as follows : 

Section 1. In any criminal case in which questions of 
law are carried to the supreme judicial court by the defend- 
ant upon exceptions, appeal or otherwise, the attorney-gen- 
eral may have the necessary copies of the brief for the 
Commonwealth printed, and the expense thereof shall be 
taxed and paid as the other costs in the case are taxed and 
paid. 

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

Approved February 21, 1879. 



Redemption of 
guarantee cap- 
ital. Repeal. 



Chap. 53 



Attachment of 
property or ar- 
rest under a 
special precept. 
1876, 167, § 1. 
1S77, 18, § 1. 



Briefs for state 
may be printed, 
and expense 
taxed like other 
costs. 



Chap. 55 



Hewers and 
drains. 

Amendment to 
1878, -l-iJ., § 3. 



An Act to amend chapter tavo hundred and thirty-two 

OF THE acts of THE YEAR EIGHTEEN HUNDRED AND SEVENTY- 
EIGHT RELATING TO SEWERS AND DRAINS. 

Be it enacted, &c., as follows : 

Section 1. Section three of chapter two hundred and 
thirty-two of the acts of the year eighteen hundred and 
seventy-eight is hereby amended by adding at the end 



1879. — Chapters 56, 57, 58. 



449 



thereof the foHowing words, ^'■provided, however, tliat in 
respect to any estate fronting upon sucii street or way 
which by reason of its grade or level, or for any other 
cause, cannot be drained into such sewer, the selectmen 
sliall not ascertain, assess and certify the assessment there- 
on or give notice of such assessment to the owner of such 
estate, until the incapacity of such estate to be drained 
into such sewer has been lenioved. 

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

Approved February 21, 1879. 

An Act to amend chapter fifty-nine of the acts of the 
year eighteen hundred and sixty-seven for the protec- 
tion of camp meetings. 

Be it enacted, &c., as follows: 

Section 1. Section one of chapter fifty-nine of the acts 

of the year eighteen hundred and sixty-seven is hereby 

amended by striking out the word " twelve," and inserting 

in place thereof the word "thirty." 

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

Approved February 21, 1879. 



Chaj). 56 



Camp meeting 
officers may ex- 
ercise for 30 con- 
secutive days in 
a year, tlie pow- 
ers conferred by 
1867, 59. 



An Act to authorize savings banks and institutions for Chap. 57 

SAVINGS TO LOAN MONEY UPON THE PERSONAL NOTE OP 
DEPOSITORS. 

Be it enacted, &c., as follotvs : 

Section 1. Any savings bank or institution for sav- Loans to depos- 
ings may loan upon the personal note of any of its deposit- bookL^e""!^ as 
ors a sum not exceeding a half of his deposit in said bank; security. 
the deposit and the book of such depositor to be held by 
said bank as collateral security for the payment of said loan. 

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

Approved February 26, 1879. ■ 

An Act in relation to the election of directors of cer- Chap. .58 

TAIN insurance COMPANIES. 

Be it enacted, &c., as follows: 

Section 1. All mutual fii-e insurance companies or- onefourthof 
ganized or incorporated under the laws of this Common- resWe^outTide 
wealth, and insuring manufacturing property and buildings the state. 
or stock appurtenant thereto only, may annually elect by 
ballot a portion, not exceeding one-fourth part in number, 
of their board of directors from members of said company 
residing outside the limits of this Commonwealth. 

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



450 



1879. — Chapter 59. 



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

Approved February 26, 1879. 



Chap. 59 



Conductors and 
drivers of street 
cars in Boston 
to be licensed 
by police com- 
mlBsioncrs. 



License may be 
revoked for 
cause. 



Fee for license 
not to exceed 
twenty-five 
cents. 

Record of 
licenses to be 
open to inspec- 
tion of presi- 
dents, etc., of 
roads. 



Notice to presi- 
dents, etc., when 
license is re- 
voked. 



Police commis- 
sioners to en- 
force all laws, 
etc., relating to 
use of tracks, etc. 



Police ofliccrs 
to secure testi- 
mony and report 
violations of 
law. 



An Act to provide for licensing conductors, drivers 
and despatch ers of street railway cars in the city of 

BOSTON. 

Be it enacted, t&c, as follows: 

Section 1. The board of police commissioners of the 
city of Boston shall, upon the recommendation of the presi- 
dent, superintendent, or board of directors of any street 
railway corporation using the streets of said city, issue 
licenses from time to time to the conductors and drivers 
of the street cars of the said several street railway corpora- 
tions, and also to the persons employed to start or de- 
spatch the cars of said corporations from the stables, sta- 
tions, depots and other places within said city ; and said 
board of police commissioners may revoke any such license 
at any time for sufficient cause. Such licenses shall con- 
tinue and remain in force until surrendered b}'' the licensee 
or until revoked by said board of police commissioners, 
and shall contain such provisions and conditions as said 
board shall determine : provided^ hoivever, that the fee to 
be paid for each license shall not exceed the sum of twenty- 
five cents. 

Section 2. A record of the issue, surrender and revo- 
cation of such licenses shall be kept at tlie office of said 
board of police commissioners, and shall be open at all 
times to the inspection of the presidents and superintend- 
ents of the several street railways using the streets ill said 
city ; and whenever any such license is revoked by the 
board of police commissioners, notice thereof shall be 
transmitted to the presidents or superintendents of said 
street railways and to the licensee. 

Section 3. Said board of police commissioners shall re- 
quire tlie members of their department to observe and 
direct the persons licensed under this act, and to cause 
them to conform to the laws of the Commonwealth, the 
ordinances of the city of Boston, the regulations of the 
board of aldermen of said city, and the rules of said board 
of police commissioners relating to the use of the tracks, the 
speed of the horses, and especially to the obstructions of 
public travel, by the management of the street cars ; said 
police officers shall secu]-e the necessary testimony, and 
shall report to the board of police commissioners every in- 
stance of the wilful or persistent violation by any licensee of 
any such law, ordinance, regulation or rule, or any refusal 



1879. — Chapters 60, 61. 



451 



ithout 



to obey the request of said officers respecting the manage- 
ment of any street car. 

Section 4. Any person who shall drive any horses at- Penalty for act 

•^ ' . . . • !• It "^^ ^^ driver, 

tached to any street car in any street in the city or Boston, conductor or 
except at the stables of said corporations, or shall act in ihe a license?' 
capacity of conductor, starter or despatcher at any place 
within the limits of said city, without being licensed there- 
for, .IS herein provided, or who shall act in such capacity 
in violation of the provisions or conditions, or after the 
revocation of such license, shall forfeit and pay a sum not 
exceeding twenty dollars for each offence. 

Section 5. No person whose license shall have been Not to receive 

■*- new lic6n8G 

revoked pursuant to the provisions of this act, shall be witiiin twelve 

, . 1 . T 1 J. 1 • months of 

re-mstated, or receive a new license as conductor, driver, revocation. 
starter or despatcher on any street railway in the city of 
Boston, within a period of twelve months from the date 
of the revocation of his license. 

Approved February 26, 1879. 



An Act to amend chapter one hundred and thirty of the Chap. 60 

ACTS OF the year EIGHTEEN HUNDRED AND SEVENTY-THREE 
ENTITLED "AN ACT TO AUTHORIZE THE TOWN OF MEDFORD TO 
BUILD A BRIDGE ACROSS MYSTIC RIVER." 

Be it enacted, t&c, as follows: 

Section 1. • Section one of chapter one hundred and span bridge 
thirty of the acts of the year eighteen hundred and Rh^e'i!^^'''^''' 
seventy-three, is hereby amended by striking out all of is's, iso, §i. 
said section after and including the word " provided." 

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

Approved February 26, 1879. 



An Act to authorize the town of foxborough to make Chap. 61 

CERTAIN payments TO THE WIDOW AND CHILDREN OF JOHN A. 
DAVIS. 

Be it enacted, &c., as folloios: 

Section 1. The town of Foxborough is hereby author- Town may raise 
ized to raise by taxation and appropriate annually for the 
term of ten years, a sum not exceeding one hundred and 
twent}^ dollars ; the same to be paid in quarterly payments 
of thirty dollars each to Ella A. Davis, the widow of John 
A. Davis, of said town, or to their children as the town 
may deem expedient. 

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

Approved February 26, 1879. 



money to be 
paid to widow 
and children of 
John A. Davis. 



452 



1879. — Chapters 62, 63, 64, 65. 



Chap. 62 -A^N Act to authorize the supreme council of the royal 

ARCANUM to HOLD ITS ANNUAL MEETINGS WITHOUT THE COM- 
MONWEALTH. 

Be it enacted^ &c., as follows : 

The Supreme Council of tlie Royal Arcanum may hold 
its annual meetings in any state wherein a grand council 
of said association is established ; and its acts at such 
meetings shall have the same effect as if done within the 
Commonwealth. Approved February 26^ 1879. 



May hold annual 
meetings with- 
out the Com- 
monwealth. 



Chap. 63 An 



May take ma- 
rine risks. 



Chap. 



Act to amend the charter of the faneuil hall insur- 
ance COMPANY. 
Be it enacted., &c., asfolloivs: 

Section 1. The provisions of chapter one hundred and 
eighty-two of the acts of the year eighteen hundred and 
seventy-three are hereby extended to the Faneuil Hall In- 
surance Company. 

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

Approved February 27, 1879. 

5 !_ An Act concerning juvenile offenders in the city of 

BOSTON. 

Be it enacted., t&c, as foUoivs : 

Section 1. The board of directors for public institu- 
tions of the city of Boston are authorized to remit the 
punishment of, and place upon probation, any person now 
or hereafter committed to the house of employment and 
reformation for juvenile offenders established in said city of 
Boston, upon such conditions, with such restrictions and 
under such limitations as they deem proper. 

Section 2. If any person whose punishment is remit- 
ted and who is placed upon probation as provided by 
section one of this act shall, in the opinion of said board 
of directors, violate any condition, restriction or limita- 
tion of such remission or probation, said board of directors 
may at any time, without further warrant or authority, 
cause him to be arrested and remanded, and confined for 
the unexpired term of his sentence. 

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

Approved February 27, 1879. 

Chap. 65 An Act to amend chapter forty of the acts of the year 

EIGHTEEN HUNDRED AND THREE RELATIVE TO THE PRIVILEGE 
OF TAKING CERTAIN FISH IN MYSTIC RIVER IN MEDFORD. 

Be it enacted, etc., as follows : 

Section 1. Section three of cliapter forty of the acts 
of the year eighteen hundred and three is hereby amended 



Juvenile offend- 
ers in Boston, 
may have pun- 
ishment remit- 
ted and be 
placed upon 
probation. 



May be remand- 
ed, if conditions 
of remission are 
violated. 



Fish committee 
in Medford to 



1879. — Chapters 66, 67, 68. 



453 



by striking out the word "freeholders," in the third line P","f|^\°[^'""e« 
of said section, and inserting in place thereof the word 
"• inhabitants." 

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

Approved February 27, 1879. 

An Act to amend the charter of the simonds manufactur- Chap. 66 

ING COMPANY. 

Be it enacted, &c., as folloios: 

Section 1. Section one of chapter forty-eight of the May manufac- 
acts of the year eighteen hundred and sixty-nine is hereby edge-tooil'"'*^ 
amended by inserting after the words "machine knives of 
all kinds," in the sixth line thereof, the words " saws and 
edge-tools." 

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

Approved February 27, 1879. 



An Act to provide for the payment of the harbor improve- 
ment LOAN. 
Be it enacted, &c., as foUoios : 

Section 1. The treasurer and receiver-general is hereby 
authorized to call in and pay the harbor improvement loans 
authorized by chapters three hundred and twenty of the 
acts of the year eighteen hundred and seventy-two, and one 
hundred and seventy-one of the acts of the year eighteen 
hundred and seventy-six, at such times as the same shall 
become redeemable at the option of the Commonwealth, 
and said treasurer may, with the approval of the governor 
and council, sell any stocks or bonds in his possession, 
not otherwise appropriated, and use such part of the pro- 
ceeds thereof, as may be necessary in the redemption of 
said loans. 

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

Approved February 27, 1879. 

An Act to amend chapter three hundred and seventy-six 
of the acts of the year eighteen hundred and seventy- 
four, relating to elections. 
Be it enacted, &c., as follows : 

Section four of 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 " twenty," 
wherever the same occurs in said section, and inserting in- 
stead thereof the words " twenty-five ; " also by striking 
out the woid " fifteen," wherever the same occurs in said 
section, and inserting instead thereof the word " twenty." 

Approved February 27, 1879. 



Chap. 67 



Treasurer may 
call in liarbor 
improvement 
loans. 



May sell stocks 
and bonds for 
redemption of 
loans, with ap- 
proval of gov- 
ernor and coun- 
cil. 



Chap. 68 



Lists of persons, 
who have paid 
state or county 
taxes, to be re- 
turned to select- 
men, etc., not 
more than 25 
days nor less 
than 20 days be- 
fore elections. 



454 



1879. — Chapters 69, 70, 71, 72. 



Advertisement 
of gales of real 
estate taken for 
taxes. 



Chap. 69 An Act to amend chapter twelve of the general stat- 
utes RELATIVE TO ADVERTISEMENT OF SALES OF REAL ESTATE 
TAKEN FOR TAXES. 

Be it enacted., &c., as foUoios : 

Section 1. Section twenty-eight of chapter twelve of 
the General Statutes is hereby amended by striking out 
the words " of the county where the real estate lies," and 
inserting in place thereof the words " published in the city 
or town wliere the premises to be sold for taxes are situ- 
ated," and also by striking out the words "an adjacent 
county," and inserting in place thereof the words " the 
county where the real estate lies." 

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

Approved February 27, 1879 

Chap. 70 -^^ Act to amend chapter one hundred and sixty-eight of 

THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND SEVENTY-EIGHT 
TO PREVENT TRESPASS ON LAND. 

Be it enacted, t&c, as follows: 

Section 1. Section one of chapter one hundred and 
sixtj'-eight of the acts of the year eighteen hundred and 
seventy-eight is hereby amended by inserting after the word 
"sheep," the word "goats;" and also by inserting after 
the word "writing," in the sixth line, the words "or by 
notice posted thereon." 

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

Approved February 27, 1879. 



Trespass on 
land. 



Chap. 71 An Act to amend chapter ninety-seven of the general stat- 
utes, IN RELATION TO THE PAYMENT OF DEBTS BY EXECUTORS 
AND ADMINISTRATORS. 

Be it enacted &c., as folloios : 

Section 1. Section eight of chapter ninety-seven of 
the General Statutes is hereby amended by inserting after 



Proceedings 
■when viglit of 

after two years, the words " that the samc is," in the fifth line of said sec- 
tion, the words " or may become." 

Section 2. This act shall take effect upon its ])assage. 

Approved February 28, 1879. 

Chan 72 An Act in relation to the assessment of personal property 

■* * AND MAKING RETURNS THEREOF BY ASSESSORS. 

Be it enacted, &c., as follows: 

Section 1. In making the estimate of the personal 
property of ai^y assessable person as provided for in sec- 
tions twenty-seven and twenty-eight of chapter eleven of 
the General Statutes, the assessors shall s})ecity the amount 
of each class of personal property mentioned in clauses 



Assessment of 
personal prop- 
erty, and re- 
turns by 
assessors. 



1879. — Chapter 72. 



455 



numbered eighth^ ninths tenth and eleventh, in section two 
of this act, and enter the same in column number five, 
upon the bhmk books furnished under the provisions of 
chapter one hundred and sixty-seven of the acts of the 
year eighteen hundred and sixty-one : provided, however,, 
that any error or over-estimate of any class shall not be 
taken into account in determining whether an}' person is 
entitled to an abatement, but only the aggregate amount 
of such estimate. 

Section 2. Section three of chapter one hundred and Tables of aggre 
sixty-seven of the acts of the year eighteen hundred and ^'^^^' 
sixtj'-one is hereby amended by striking out the clauses 
numbered "second" to "twelfth" inclusive, after the 
clause numbered "i^/rs^," and inserting the following: — 

'•'■ Second. — The tax on each poll. 

Third. — The total value of personal estate. 

Fourth. — The total value of real estate. 

Fifth. — The total valuation of the city or town. 

Sixth. — The total tax for state, county, and town pur- 
purposes, including higliwa}' tax. 

Seventh. — The rate per cent, of total tax, or rate per 
one thousand dollars. 

Eighth. — The total amount as valued for assessment 
of money at interest, and other debts due the persons as- 
sessed more than they are indebted or pay interest for, 
specifying how much of said amount is debts secured by 
mortgage, and how much unsecured debts. 

Ninth. — The amount of money on hand, including de- 
posits taxable as valued for assessment. 

Tenth. — The total amount of public stocks and securi- 
ties as valued for assessment. 

Eleventh. — The total amount of stocks in corporations 
without the stat^ as valued for assessment. 

Twelfth. — Total number of horses assessed. 

Thirteenth. — Total number of cows assessed. 

Fourteenth. — Total number of sheep assessed. 

Fifteenth. — Total number of dwelling-houses assessed. 

Sixteenth. — The total number of acres of land assessed 
in the city or town." 

And the secretary of the Commonwealth shall cause the secretary to 
tables of aggregates provided for by section one of chapter 
one hundred and sixty-seven of the acts of the year eigh- 
teen Jmndred and sixty-one to be so amended as to conform 
to the requirements of this act. 

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

Approved February 28, 1879. 



cause tables to 
conform to re- 
quirements of 
act. 



456 



1879. — Chapters 73, 74, 75, 76. 



Chap. 73 An Act to amknd chapter tavo hundred and sixty-six of 

THE ACTS OF THK YEAR EIGHTEKN HL'NDKED AND SEVENTY- 
EIGHT, RELATING TO THE COLLECTION OF TAXES. 

Be it enacted^ &c. , as foUoivs : 

Section 1. Section fourteen of chapter two hundred 
and «ixty-six of the acts of the year eighteen hundred and 
seventy-eight is hereby amended by striking out the words 
" provided in section eleven of this act," and inserting in 
phice thereof the words " allowed to him when he exer- 
cises the power of taking." 

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

Approved Feburary 28, 1879. 



Amendment to 
1878, 266, § 14. 
[See G. S. 12, 
§36.] 



Chap. 74 



Interest on un- 
paid taxes not 
to exceed seven 
per cent. 



Chap. 75 



Agent of board 
of health may 
make complaint 
for violalioii of 
laws rclatiiit; to 
public health. 



An Act in relation to interest upon taxes. 

Be it enacted., <&c., asfoUoivs: 

Section 1. Section one of chapter two hundred and 
twenty-five of the acts of the year eighteen hundred and 
seventy-three is amended by sti iking out the words " one 
per centum per month," wherever they occur in said sec- 
tion, and inserting instead thereof tiie words " seven per 
centum per annum." 

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

Approved February 28, 1879. 

An Act authorizing agents op boards of health to make 
complaints for violation of the laws relating to public 
health. 

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

Section 1. In cases of violation of any law, ordinai^ce, 
or by-law, relating to the public health in an}' city or town, 
complaint may be made by any ;igent of the board of 
health of such city or town appointed to make sanitary 
inspections, as well as by the persons now authorized by 
law to make such complaints. 

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

Approved February 28, 1879. 



Chap. 76 "^^ A^"^ amending chapter forty-four of the acts of tiik 

YEAR eighteen HUNDRED AND SEVKNTV-THREE, RELATING TO 
THE TERM OF SERVICE OF JURORS IN THE COUNTY OK SUFFOLK. 

Be it enacted, &c., as follows : 
Term of service SECTION 1. Scctioii ouc of ciiaptcr fort3'-four of the 
couniy"fSuf.^ ^^^^ °^ ^^^® 3'^'''''' eighteen hundred and seventy -three is 



ity 
folk. 
1873, 44, §1. 



hereby amended by inserting therein after the word 
" court," in the third line theieof, the words "• nor in the 



1879. — Chapter 77. 457 

trial of criminal cases more than one term thereof during 
the year." 

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

Approved February 2S, 1S79. 

An Act making ArPROPRiAxioNS for certain educational Chap. 77 

EXPENSES. 

Be it enacted., <&c., as folloios : 

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

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

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

For the Massachusetts teachers' association, three hun- Teachers' aseo- 

d, 1 1, ciation. 

red dollars. 

For salaries and expenses of the agents of the board of Bo.irdofedu. 

, . ^ ,. <=■ , 1 it 1 cation. 

education, a sum not exceeding one thousand three hun- 
dred dollars. 

For teachers' institutes, a sum not exceeding two thou- Teachers' insti- 

di 1, tutes. 

dollars. 

For county teachers' associations, a sum not exceeding count v teachers' 
three hundred dollars. associations. 

For aid to pupils in the state normal schools, a sum not Aid topupiisin 
exceeding two thousand dollars; paj'able in semi-annual 
payments, to be expended under direction of the board of 
education. 

For the Perkins institution and the Massachusetts Asylum for the 
asylum for the blind, the sum of thirty thousand dollars. ^''"'^" 

For the support of Massachusetts beneficiaries in the Asyiumfor 
asylums for the deaf and dumb, and in other institutions *^^ m" es. 
of the same character, a sum not exceeding five thousand 
dollars. 

The income of the Rogers book fund, of the Todd income of Agri- 
normal school fund, and of the agricultural college fund, pund'Aiogers^*^ 
shall be expended in accordance with the provisions of took fund, etc. 
the various acts relating thereto. 

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

Approved February 2S, 1879. 



458 



1879. — Chapter 78. 



Chap. 78 An Act fixing the compensation of members of the le(;is- 

LATUUE AND ESTABLISHING THE SALARIES OF THE CLERKS 
AND ASSISTANT CLERKS OF THE SENATE AND HOUSE OF REP- 
RESENTATIVES, THE SERGEANT-AT-AUMS, DOORKEEPERS, AS- 
SISTANT DOORKEEPERS, POSTMASTER, MESSENGERS, PAGES AND 
CHAPLAINS OF THE SENATE AND HOUSE OF REPRESENTATIVES, 
AND THE COMPENSATION OF THE PREACHER OF THE ELECTION 
SERMON. 



Compensation 
of membera of 
senate and 
house of repre- 
sentatives. 
Travel. 



President and 
speaker. 



Clerks of the 
senate and 
house. 



Assistant 
clerks. 



8ergeant-at- 
arins. 



Doorkeepers. 



Messengers. 



Chaplains. 



Preacher of 
•lection sermon. 

Number of 
doorkeepers, 
etc., not to ex- 
•eed twenty- 
tive. 



Repeal. 



Be it enacted^ cfcc, as follows : 

Section 1. Each member of the senate and house of 
representatives shall receive five hundred dollars for the 
regular annual session for which he is elected, and one 
dollar for every five miles' travel from his place of abode, 
once ill each session, to the place of the sitting of the 
general court ; and the president of the senate and the 
speaker of the house of representatives shall receive double 
the compensation provided for each individual member by 
this act, except for travel. 

Section 2. The salaries of the clerks of the senate 
and house of representatives shall be two thousand dollars 
each per annum. 

Section 3. The salaries of the assistant clerks of the 
senate and house of representatives shall be eight hundred 
dollars each per annum. 

Section 4. The salary of the sergeant-at-arms shall 
be two thousand dollars per annum. 

Section 5. The salaries of the doorkeepers, assistant 
doorkeepers and postmaster, shall be four dollars for each 
day's service. 

Section 6. The salaries of the messengers of the sen- 
ate and house of representatives shall be four dollars for 
each day's service. 

Section 7. The salaries of the pages of the senate 
and house of re2)resentatives shall be two dollars for each 
day's service. 

Section 8. The salaries of the chaplains of the senate 
and house of representatives shall be two hujidred dollars 
each per annum. 

Section 9. The compensation of the preacher of the 
election sermon shall be fifty dollars. 

Section 10. The number of doorkeepers, assistant 
doorkeepers and messengers and pages of the senate and 
house of representatives shall not exceed in all twenty-five. 

Section 11. Section one of chapter forty-eight of the 
acts of the 3'ear eighteen hundred and seventy-five, and 
all acts and parts of acts inconsistent herewith, are hereby 



1879. — Chapters 79, 80. 459 

repealed, and section one of clinpter three hundred and 
twenty-eight of tlie acts of the year eighteen hundred and 
seventy-two is liereby amended so tliat the rate therein 
provided for, shall be five hundred dollars. 

Section 12. This act shall take effect upon the first xo take effect 

. -^ March 1, 18i9. 

day 01 iNiarch oi the present year. 

Approved February 28, 1S79. 

An Act to fix the salary of the secretary of the com- Chap. 79 

WONWEALTH, AND THE SALARIES AND COMPENSATION OF THE 
PERSONS EMPLOYED IN THE SECRETARY'S DEPARTMENT. 

Be it enacted, &c., as follows : 

Section 1. The salary of the secretary of the Com- f^^^^f^"**^® 
nion wealth shall be twenty-five hundred dollars a year, and 
at the same rate for any portion of a year. 

SECTION 2. The secretary may employ in his office ^''^^"^^^JJgP^'g'"" 
tliree permanent clerks; the first at a salary of eighteen 
hundred dollars a year ; the second at a salary of fifteen hun- 
dred dollars a year, and the third at a salary of twelve hun- 
dred dollars a year, and at the same rate for any portion 
of a vear. He may employ such additional clerks, mes- Additional 

J -J ^ i- J i> -1 clerks and 

senger and other assistance as may be necessary lor the mcBsenger. 
despatch of public business, at an expense of not exceed- 
ing eight thousand dollars a year: provided, that no person Proviso, 
so employed shall receive compensation or salary to exceed 
the rate of eleven hundred dollars per annum. 

Section 3. All acts and parts of acts inconsistent Repeau 
hei'ewith are hereby repealed. 

Section 4. This act shall take effect upon the first to take effect 

, •„ ,, , p ,, , ^ March 1,1879. 

day ot March oi the present year. 

Approved February 28, 1879. 

An Act to establish the salaries op the treasurer and Chap. 80 

RECEIVER-GENERAL AND OF THE CLERKS IN HIS DEPARTMENT. 

Be it enacted, &c., as follows : 

Section 1. The salary of the treasurer and receiver- f^eas Jrer ^''^ 
general of the Commonwealth shall be four thousand dol- 
lars a year, and at the same rate for any part of a year. 

Section 2. The treasurer may employ in his office two salaries of per- 

11 in it>j_ j_j.i manent clerks. 

permanent clerks ; the first at a salary oi twenty-three 

hundred dollars a year ; the second at a salary of eighteen 

hundred dollars a year ; ?a\d the cashier at a salary of 

eighteen hundred dollars a year, and at the same rate for 

any part of a year. He may also employ two extra clerks. Extra cierke. 

each at a salary of eleven hundred dollars a year and at 

the same rate for any part of a year. 



460 



1879. — Chapters 81, 82. 



Repeal. SECTION 3. All acts and parts of acts incoDsistent here- 

with are hereby repealed. 
To take effect SECTION 4. This act shall take effect upon the first day 

March 1,1879. e Tit -u r ^.^ <. 

or March or the present year. 

Approved February 28, 1879. 



Chap. 81 An Act establishing the salary of the auditor and of 

THE CLERKS IN HIS DEPARTMENT. 

Be it enacted, &c., as follows : 

Section 1. The salary of the auditor of the Common- 
wealth shall be twentj'-five hundred dollars a year, and at 
the same rate for any portion of a year. 

Section 2. The salary of the first clerk in the audit- 
or's department shall be eighteen hundred dollars a year, 
and of the second cleik fifteen hundred dollars a year, and 
at the same rate for any portion of a year. 

Section 3. The salary of the two extra clerks in the 
auditor's department shall not exceed eleven hundred dol- 
lars each a 3-ear and shall not exceed the same rate for any 
portion of a year. 

Section 4. The compensation of all other clerical 
assistance in the auditor's department shall not exceed for 
the year or any part thereof, the rate of five hundred dol- 
lars a year. 

Section 5. All acts and parts of acts inconsistent 
herewith are hereby repealed. 

Section 6. This act shall take effect upon the first 
day of JNlarch of the present year. 

Approved February 28, 1879. 



Salary of the 
auditor. 



Salaries of per- 
manent clerks. 



Extra clerks. 



Additional 
clerical assist- 
ance. 



Repeal. 



To take effect 
March 1, 1879. 



Chap. 82 



Salary of the 
engineer. 



Watchmen. 



Assistant 
watchman. 



An Act regulating the salary of the engineer, watch- 
men and FIREMEN AT THE STATE HOUSE, AND OF THE FIRE- 
MAN AND JANITOR IN PEMBERTON SQUARE. 

Be it enacted &c., as follows: 

Section 1. The salary of the engineer at the state 
house shall be twelve hundred dollars a year, and at the 
same rate for any part of a year. 

Section 2. The salary of the four watchmen employed 
at the state house shall be one thousand dollars each a 
year, and at the same rate for any part of a year; and they 
shall perform such duties as messengers as shall be required 
by the sergeant-at-arms. 

Section 3. The salary of the assistant watchman shall 
be seven hundred and fifty dollars a year, and at the same 
rate for any part of a year. 



1879. — Chapters 83, 84, 85. 461 

Section 4. The salary of the fireman at the state Firemen and 
house shall be eight hundred dollars a year, and of the 
fireman and janitor of the building in Pemberton Square, 
Boston, hired by the state, eight hundred doHars a year, 
and at the same rate for any part of a year. 

Section 5. The salary of the assistant fireman at the Assistant fire- 
state house, for such time as he may be employed shall not 
exceed two dollars and one-half per day. 

Section 6. All acts and parts of acts inconsistent Repeal, 
herewith are hereby repealed. 

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

Approved February 28, 1879. 

An Act for the better protection of the shad and alewife Chap. 83 

FISHERY IN TAUNTON GREAT RIVER. 

Be it enacted, &c., as follows: 

Any person who shall wilfully drive or stick any stake Penalty for 

• '■ r-i- 1 •■! iiii.1" obstructing 

in or upon any nshmg gi'ound or privilege duly located m seining or fish- 
Tauuton Great Rivei-, or who shall, by thro^ying into the |5feJt"River.'"" 
■waters thereof any substance or thing, or in any other 
manner, prevent, obstruct or impede any purchaser or pur- 
chasers of such ground or privilege or their agents from 
seining or fishing thereon at such time and manner as pro- 
vided by law, shall for each offence be punished by a fine 
not exceeding ten dollars. Approved February 28, 1879. 

An Act to change the name of the cape ann isinglass and Chap. 84 

GLUE company IN ROCKPORT. 

Be it enacted, &c., as follows: 

The name of the Cape Ann Isinglass and Glue Company Name changed 
in Rockport, is changed to that of the Cape Ann Isinglass 
Company. Approved February 28, 1879. 

An Act to amend chapter one hundred and fifty-two of Chap. 85 
THE acts of the year eighteen hundred and seventy-seven, 
relating to the construction of the extension of foster 

street in the city of WORCESTER. 

Be it enacted, &c., as follows: 

Section 1. Section one of chapter one hundred and Bridge may be 
fifty-two of the acts of the year eighteen hundred and ^"Kref 
seventy-seven, is hereby amended, so that the bridge over ^pans. 
the extension of Foster Street, where said extension crosses 
the viaduct as provided in said chapter, may be constructed 
■with three spans, the aggregate length of which shall not 
be less than sixty feet in the clear measured at right angles 
with said extension. 



462 



1879. — Chapters 86. 87, 88. 



Grade of street 
may be raised. 



Bamagca. 



Not to affect 
any thing done 
in construction, 
etc. 



Section 2. The mayor and aldermen are authorized to 
raise the grade of said street as now fixed, between a point 
thereon opposite the easterly line of the estate of William 
Dickinson, and the bridge across the viaduct over said 
street, not to exceed in any place three feet. And any 
damage occasioned to any person or corporation by raising 
the grade of said stieet, shall be assessed by said mayor and 
aldeimen in the first instance, and shall be subject to re- 
vision by a jury in the manner provided by law in the 
laying out of town ways and shall be i)aid by said city. 

Section 3. This amendment shall not in any other way 
affect any thing which has been done in the laying out and 
construction of said street nor the liability of estates re- 
ceiving benefit and advantage from the laying out of said 
extension to assessment therefor as provided in said chap- 
ter. 

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

Approved February 28^ 1879. 

Chap. 86 An Act concerning letters of attorney for the conveyance 

OF THE REAL ESTATE OF MARRIED WOMEN. 

Be it enacted, <&c., as folloios: 

Section 1. Section twent3--nine of chapter eighty- 
nine of the General Statutes is hereby amended by strik- 
ing out all after the word "estate," in the third line. 

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

Approved February 28, 1879. 



Acknowledg- 
ment and regis- 
try of letters of 
attorney for 
conveyance of 
real estate. 



Chap. 87 An Act to amend "an act relating to bail in criminal 

CASES," AND ENLARGING THE POWER OF COURTS TO TAKE 
BAIL. 



Person forfeit- 
ing bail in a 
criminal case 
not to go at 
large on further 
bail, without an 
order of the 
court, for good 
cause shown. 



Be it enacted, &c., as follows: 

Section 1. Section one of chapter three hundred and 
six of the acts of the year eighteen^ hundred seventy- 
four is hereby amended by striking out the words "after 
showing some reasonable excuse for his })vevious default or 
forfeiture," and inserting in place thereof the words "for 
good cause shown." 

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

Approved March 4, 1879. 

Char). 88 An Act relating to the support of paupers in the lunatic 

HOSPITALS. 

Be it enacted, &c., as folloios: 
Expense of sup. Section 1. Scctiou 0116 of chaittcr one hundicd and 

port of insane „ c i.^ j. i? i • i ^ ^ ^ i 

state paupers nvc ot tlic acts 01 tlic year eighteeu hundred and seventy 



1879. — Chapters 89, 90, 91. 463 

is hereby amended by striking out the words "«and fifty not to exceed $3 

cents," in tlie sixth line thereof. per wee 

SECTION 2. All acts and parts of acts inconsistent Repeal, 
herewitli are hereby repealed, saving^ all rio-lits accrued or 

1 -i. Til 1 Suits com- 

aceruing, and suits or proceedings had or commenced, menced, etc., 
pri(n- to the date at which this act takes effect. not affected. 

Section 3. This act shall take effect upon the first T° *?*,¥ ^Sl?* 

, ,,..,., 1111 • April 1, 1879. 

day or April eighteen hundred and seventy-nine. 

Approved March 5, 1879. 

An Act to amend chapter one hundred and seventy of the Chap. 89 

GENERAL STATUTES AS TO BAIL IN CRIMINAL CASES. 

Be it enacted., t6c., asfoUoios: 

Section 1. Section thirty-seven of chapter one hun- Admission to 

dred seventy of the General Statutes is hereby amended comH^uedwrtiT- 

by insertiiiQ- after the words "officer by whom he was out amount of 

"^ . 1 , , , 1 r» 1 • 1 i-r • recognizance 

committed, the words "or alter hearing the otncer in being tixed. 
whose custody the prisoner is held." 

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

Approved March 6, 1879. 

An Act to enable stockholders in street railway corpo- Chap. 90 

RATIONS TO subscribe FOR ADDITIONAL STOCK. 

Be it enacted, &c., as follows : 

Section 1. The provisions of section one of chapter Bubscriptions 
eighty-four of tlie acts of the year eighteen hundred and for new stock, 
seventy-eight shall apply to street railway corporations. 

Section 2. If after the expiration of the notice pro- stock may be 
vided for in section one of chapter eighty-four of the acts ^f Jfoftak'en!''"' 
of the 3'ear eighteen hundred and seventy-eight any shares 
of such additional stock remain unsubscribed for, by the 
stockholders entitled to take them, the directors may sell 
the same at public auction in the principal town or city in 
which such street railway is located, and public notice of 
such sale shall be given by advertisement, at least once a 
week, for three successive weeks, in one or more news- 
papers to be specified by the board of railroad commis- 
sioners. 

Section 3. Chapter three hundred and five of the Repeal, 
acts of the year eighteen hundred and seventy-three is 
hereby repealed. Approved March 6, 1879. 

An Act to incorporate the trustees of thayer academy. Chap. 91 
Be it enacted., (fee, as folloics : 

Section 1. There is hereby established in the town of Thayer 

Brain tree an institution of learning by the name of the ''* ''™^' 



464 



1879. — Chapter 91. 



CJorporators 
and trustees. 



Powers and 

priviluges. 



May take and 
hold CKtates be- 
queatbed by 
aylvanus 
Thayer. 



Proviso. 



No tuition fee 
as lon^ as fund 
ia $200,000, and 
income thoru- 
froin is $12,000. 



Tha^'er Academ3% for the purposes set forth in the will of 
Sylvanus Thayer, late of Braintree, deceased, beaiing date 
the tenth day of July, in the year eighteen hundred and 
seventy-one, and proved and allowed at the prohate court 
holden at Dedham, within and for the county of Norfolk, 
on the ninth da}'- of October iu the year eighteen hundred 
and seventy-two. 

Ebenezer Alden of Randolph, William S. Dexter of 
Boston, Asa Fiench of Braintree, George A. Thayer of 
Boston, Seth Turner of Randolph, and Solomon Lincoln 
of Hingham, in the state of Massachusetts, surviving per- 
sons named as trustees in said will, are hereby appointed 
trustees of said academy ; and they are hereby incorpo- 
rated into a body politic b}^ the name of the Trustees of 
Thayer Academy. And they and their successors sliall be 
and continue a body politic and coi'porate by the same 
name forever; with all the powers and privileges requisite 
for carrying into full effect the piovisions of said will, and 
with all the powers, rights and privileges, and subject to 
all the duties, restrictions and liabilities, set forth in all 
general laws which now are or may hereafter be in foi'ce 
and applicable to such coiporations, not inconsistent with 
the provisions of said will. 

Section 2. Said corporation may take and hold all 
and singular the estates, leal and personal, devised and 
bequeathed by tlie said Sylvanus Thayer, in his said will, 
to the trustees therein named, for the purposes aforesaid, 
and may take and hold any other and further estates, real 
or personal, which may be acquired by them by gift, de- 
vise or purchase, or otherwise, for the same purposes : 
provided., however., that the actual value of the I'eal and 
l)ersonal estates, by them so held or possessed, shall not 
exceed the amount of three hundred and fifty thousand 
dollai-s, all of which estates shall be devoted and appro- 
priated exclusively for the puiposes of education in the 
manner set forth in said will. 

Section 3. So long as the fund held by said corpora- 
tion, the income of which can be applied to the main- 
tenance of instruction in said academy, shall, at its fair 
market value, be equal to two hundred thousand dollars, 
and the net annual income therefrom, available for said 
I)urpose, shall be not less than twelve thousand dollars, no 
tuition fee shall be re(]uired from any scholar in said 
academy who sliall have been born in either of the towns 
of Braintree, Quincy, Randol])h or Holbrook, or whose 
parents either or both, shall reside in one of said towns, at 



1879. — Chapters 92, 93. 465 

the time of liis or her admission, and during his or her 
continuance as a pupil of said academy. 

Section 4. Nothing herein contained shall be so con- Free scholar- 
strued as to limit or control the right of the trustees to *^'^*' 
establish and maintain free scholarships in their discretion, 
in the manner provided in the will of Sylvanus Thayer. 
Section 5. This act shall take effect upon its passage. 

Approved March 6, 1879. 
[Acceiited April 10, 1879.] 

An Act to incorporate the new England furniture ex- ^hap. vZ 

CHANGE. 

Be it enacted^ &c.^ as foUoios : 

Section 1. Francis U. Holmes, Frank A. Brown, Corporators. 
William A. Haskell, Christopher Blake, Charles H. Gil- 
man, George S. Harrington, their associates and successors, 
are hereby made a corporation by the name of the New pose?^^ ^^' 
England Furniture P^xchange, for the purpose of promot- 
ing the general welfare of the furniture trade and its 
branches in New England ; with all the powers and privi- 
leges, and subject to all the duties and liabilities set forth 
in all general laws which now are or hereafter may be in 
force concerning such corporations: provided, that nothing corporation not 
in this act contained shall be construed to authorize said ^aVTsOTmer- 
corporation to trafBc in goods, wares or merchandise of any chandise. 
description. 

Section 2. Said corporation may hold real and per- fon'^Jie^ufe^not 
sonal estate to an amount not exceeding one hundred to exceed 
thousand dollars, to be devoted exclusively to the pur- 
poses of said corporation. 

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

Approved March 6, 1879. 

An Act to authorize the town of north reading to pay ^http- Jo 

CERTAIN bounties. 

Be it enacted, &c., as folloios : 

Section 1. The town of North Reading is hereby au- moLy* ufpay 
thorized to raise money, and pay to Walter Kayner, Edwin soldiers^ 
Eaton, Osro JNIason and Joseph H. Abbott, or either of 
them, the sum of one hundred and twenty-five dollars 
each, as a bounty for service in the late war as a part of 
the quota of said town : provided, that said town shall not bursedbythe 
be re-imbursed by the Commonwealth for the money as ^^^^^' 
paid under this act. 

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

Approved March 7, 1879. 



466 



1879. — Chapters 94, 95, 96, 97. 



Chap, 94 



Amendment to 

1878, 266, § 14. 
(8ce G.a. 12, 
§36.) 



An Act to amend "an act in relation to the collection 

OF TAXES." 

Be it enacted, c&c, as follows: 

Section 1. Section fourteen of chapter two hundred 
and feixty-six of the acts of the year eighteen hundred 
and seventy-eight is hereby amended by striking out in the 
thirteenth and fourteenth lines these words, viz. : " and the 
sum of five dolhirs for examination of title," and insert- 
ing instead thereof these words, viz. : " and a sum not ex- 
ceediiig three dollars, for examination of title, a deed of 
conveyance or release, and all other necessary intervening 
chaiges." 

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

Approved March 10, 1879. 

Chap. 95 An Act to amend chapter one hundred and eighteen of the 

GENERAL STATUTES RELATING TO COURTS OF INSOLVENCY. 

Be it enacted, &c., as follows: 

Section 1. Section ninet3'-six of chapter one hundred 
and eighteen of the General Statutes is hereby amended 
by inserting between the words " operative " and " to," in 
the first line of the second clause thereof, the words " clerk 
and servants," and also by striking out the word " fifty " 
in the second line of said clause and inserting in its place 
the words " one hundred." 

Section 2. In all cases arising under said chapter no 
party or person having a preferred claim shall vote thereon 
for assignee except on so much of said claim as exceeds 
the amount preferred b}'^ law. Approved March 10, 1S79. 



Wdgcs of clerk 
and servant to 
ainouut of $100, 
to be paid in 
full. 



Vote for 
assignee by pre^ 
ferred creditor. 



Chap. 96 



Adjutant-gen- 
eral to be in- 
spector-general 
in times of 
peace. 



Chap. 97 



Pensions to dis- 
abled police- 
men. 



An Act to consolidate the offices of adjutant-general and 

inspector-general in times of peace. 
Be it enacted, &c., as follows: 

Section 1. Section eleven of chapter two hundred and 
sixty-five of the acts of the year eighteen hundred and 
seventy-eight is hereby amended by inserting the words 
"inspector general," after the words "the adjutant general 
shall be," and before the words " quartermaster general," 
in the last line but one of said section. 

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

Approved March 10, 1879. 

An Act relative to pensions to disabled police officers of 

the city of boston. 
Be it enacted, &c., as follows: 

Section 1. Section five of cliapter two hundred and 
forty-four of the acts of the year eighteen hundred and 



1879. — Chapter 98. 



467 



City may divert 
sewage now dis- 
charged into 
Roxbury Canal. 



seventY-eig^ht shall be cnnstnied to apply to the police in the city of 

-_ ■ , " . 11 1 1 1 i ^ , 1 wi Boston. 

omeers therein named who have become connected with 
the police department of the city of Boston by the annex- 
ation of any other citv or town to said city of Boston ; and 
the service of snch officers in any sncli city or town before 
annexation, shall be reckoned in makings np the number of 
yeai's' service required under said section; and any such 
officer who has been discharged from said department since 
said section went into effect shall be entitled to the bene- 
fits of said section from the date of such discharge. 

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

Approved March 10, 1879. 

An Act in relation to the discharge of sewage into the Chap. 98 

ROXBURY canal. 

Beit enacted, &c., as follows: 

Section 1. The city of Boston is hereby authorized 
to divert by tempornry structures the sewage now dis- 
charged into the Koxbury Canal west of the easterly line 
of East Chester Park, so that it shall discharge into said 
canal east of said easterly line ; and said diversion nuiy con- 
tinue until the system of improved sewerage now being 
constructed in said city shall be in practical operation, but 
no longer. 

Section 2. The city of Boston is hereby authorized 
to construct and maintain a storm overflow from snid sys- 
tem of improved sewerage, the said storm overflow to 
empty into said Roxbury Canal east of the easterly line of 
East Chester Park. 

Section 3. Whenever in the opinion of twenty or 
more property tax paj'ers of the city of Boston, resident 
within the ward or wards in which that portion of Rox- 
bury Canal east of Chester Park lies, that part of the 
canal used as a storm overflow canal or basin shall require 
cleansing or dredging, they shall state the fact in writing 
to the state board of health who shall within thirty days 
after receipt of such notice inspect said canal or basin, and 
if in their judgment it shall require cleansing or dredging 
they shall direct the city of Boston so to cleanse or dredge 
within thiity days after the receipt of such notice, and 
when so directed the city of Boston shall within the time 
specified cleanse or dredge such basin or channel in a man- 
ner satisfactory to the state board of health, who shall 
upon the completion of the work indorse upon the order 
directing the same to be done, its approval thereof, with 
the date of said indorsement. 



May construct 
and niaintain a 
storm overflow. 



Canal to be 
dredged by the 
city whenever 
so ordered by 
the state board 
of health. 



468 



1879. — Chapter 98. 



Expense of 
drudging txj be 
aBsessed upon 
abutters. 



Assessments to 
be a lien upon 
wharves and 
lands so 
assessed. 



If assessment is 
invalid, by error 
in making, it 
may be made 
anew. 



Person 

aggrieved may 
apply to supe- 
rior court 
within one year. 



Recovery of 
costs. 



Assessments to 
be liun upon 
lands, etc., for 
one year after 
final judgment. 



Section 4. Upon the completion of said cleansing or 
dredging by the city of Boston, and the receipt of the 
approval of the state board of health thereon, the city of 
Boston may submit to the state board of liealth sworn 
itemized statements of the costs thereof with voucliers 
therefor, of which sum the board of health shall then pro- 
ceed to assess such portion or portions as they shall deem 
just and equitable, upon the wharves and lands adjoining 
or abutting upon said canal or basin; but they shall have 
power to make assessments upon the several wharves and 
lands, only for the expense of lemoving deposits caused by 
the owners or occupants thereof respectively. 

Section 5. All assessments made under this act shall 
constitute a lien upon the wharves and lands so assessed 
for one year after the assessment is made and as provided 
in section four of this act, and may be enforced in the 
same manner with like charges for cost and interest as 
provided by law for the collection of taxes ; and all said 
assessments which shall remain unpaid after the same be- 
come due or payable shall draw interest from the time the 
same become due or pa^-able until the time of payment 
thereof. 

Section 6. Any assessment made under this act which 
is invalid by reason of any error or irregularity in the 
making thereof, and which has not been paid, or which 
has been recovered back, ma}^ be made by said state board 
of health to the amount for which the original assessment 
ouglit to have been made, and the same if made upon a 
wharf or land shall be a lien upon such wharf or land and 
be collected in the same manner as re-assessed taxes are. 

Section 7. An}- person aggrieved by an assessment 
made under this act may apply by petition to the superior 
court for the county of Suffolk, at any term thereof within 
one year after said assessment is made ; and after due 
notice to the city of Boston a trial shall be had at the bar 
of the court in the same manner in which other civil 
causes are there tried by'juiy. 

Section 8. If the jury shall not reduce tlie amount 
of the assessment complained of, tlie city of Boston as 
respondent shall recover costs against the petitioner, which 
costs shall be a lien upon said wharves and land and be 
collected in the same manner as the assessment, but if the 
jury shall reduce the amomit of said assessment the peti- 
tioner shall recover costs from said city of Boston, and all 
assessments shall be a lien upon said wharves and lands, 
for one year after the final judgment, in any suit or pro- 



1879. — Chapters 99, 100. 469 

ceecling where the amount or validity of the same is in 
question, and be collected in the same manner as original 
assessments. 

Section 9. All acts and parts of acts inconsistent Repeal, 
herewith are hereby repealed. 

Section 10. This act shall take effect upon its passage. 

Approved March 10, 1879. 

An Act authorizing the new haven and Northampton com- Chap. 99 

PANY to issue bonds. 

Be it enacted, tfcc, as follows : 

Section 1. The New Haven and Northampton Com- May issue bonds 
pany is hereby authorized to issue its bonds, signed by its $i,2o'o!ooo. for 
president, and countersigned by its treasurer, to an amount bond" an°d^ply. 
not exceedino- twelve hundred thousand dollars, for the inKfloating 

n • • IT • 1 • ^ i. debt. 

purpose or retiring its bonds due m the years eighteen 

bundled and eighty and eighteen hundred and eighty-two, 

and paying its floating debt, upon being empowered by a 

majority of the votes of its stockholders at a meeting 

called for the purpose. Said bonds shall be for one thou- Bonds to be of 

sand dollars each, payable not more than thirty years from more'than tiihiy 

date and bearing interest not exceeding six per centum per fe,!*//in°o[ex-*"" 

annum, payable semi-annually, and shall be registered in ceedingeper 

the office of the comptroller of the state of Connecticut, 

and a certificate thereof shall appear on the face of each 

bond. 

Section 2. Said New Haven and Northampton Com- May secure 
pau}^ may secure said bonds by a mortgage of its railroad, mm-tgag^ofits 
stations, rolling stock, equipments, property and franchises p^perty. 
wherever situate, to trustees, for the holders of said bonds, 
and provide a sinking fund for the payment of said bonds sinking fund. 
at maturity : provided, that the mortgage bonds of said Proviso, 
company outstanding at any one time, shall not exceed 
two million five hundred thousand dollars. 

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

Approved March 10, 1879. 

An Act to change the name of the calvinist society of Chap. 100 

WORCESTER, AND FOR OTHER PURPOSES. 

Be it enacted, &c., as follows: 

Section 1. The Calvinist Society in Worcester, in- Name changed, 
corporated under and by virtue of an act approved the 
eighth day of February in the year eighteen hundred and 
twenty-five, shall hereafter be known and called by the 
name of The Central Society in Worcester, and as such 
shall continue to hold and possess all the property and be 



470 



1879. — Chapter 101. 



Officers to con- 
tinue to liolj 
their ofticcs. 



Name changed. 



Officers to con- 
tinue to hold 
their oflices. . 



Vacancies in 
board of 
trustees. 



Property and 
rights not sur- 
rendered. 



entitled to all the rights and privileges and be subject to 
all the liabilities of said corporation, in the same manner 
and to the same extent as if this act had not been parsed. 
And all the officers of said society shall continue to hold 
and exercise their respective offices in the same manner 
they would have done had not the name of said society 
been changed. 

Srction 2. The corporation called " The Trustees of 
the Parochial Funds of tlie Calvinist Society in Worcester," 
established under and by virtue of an act approved the 
second day of February in the year eighteen hundred and 
twenty-seven, shall hereafter be known and called by the 
name of " The Trustees of the Parochial Funds of the 
Central Society in Worcester," and as such shall continue 
to hold and possess all the property, and enjo>' and exer- 
cise all the rights, privileges and powers of said coipora- 
tion in as full and ample a manner as though this act had 
not been passed. 

Section 3. The officers of said corporation mentioned 
in section two of this act shall continue to hold and ex- 
ercise their respective offices in the same manner they 
would have done had ixt)t the name of said corporation 
been changed ; and whenever any vacancy or vacancies 
shall hereafter occur in said board of ti-ustees, the same 
shall be filled from the members of said Central Society 
by election by ballot at a meeting of said society duly 
called for that purpose. 

Section 4 Nothing contained in this act shall be con- 
strued as a surrender or forfeiture, or as affecting a sur- 
render or forfeiture, of any of the property or rights of 
property, or any of the powers, privileges or rights of 
either of the aforesaid corporations. 

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

Approved March 10, 1ST 9. 



ChapAOi 



An Act concerning the Lancaster railroad company. 
Be it enacted, <fcc., as folloios : 
Charter revived. SECTION 1. Clinptcrs two hundred and fourteen of the 
acts of the year eighteen hundred and seventy, and one 
hundred and thirty of the acts of the year eighteen hun- 
dred and seventy-one, concerning the Lancaster Railroad 
Company, are hereby revived ; and all tiie franchises, 
rights, powers, authorities, privileges, immunities and 
jn-opeity granted by said acts are hereby revived and re- 
granted to said company. 

The time within which said Lancaster Railroad was, by 



1879. — Chapter 102. 



471 



Claims for dam- 
ages revived. 



section five of chapter two lumdred and fourteen of the Time for loca- 
acts of the 3'ear eighteen hundred and seventy, to be 
located, is heieby extended two years from the passage of 
this act, and the time within wliich by the same section it 
was ordered to be constructed is hereby extended four 
years from the passage of this act. 

Section 2. All chiims for damage for land or other 
property taken by the location and construction of the 
road of said Lancaster Railroad Company, not heretofore 
settled and paid, are hereby revived and continued in 
force ; and all proceedings pending in any of the courts of 
the Commonwealth instituted for the recovery of said 
damages, as well as judgments I'ccovered and not satis- 
fied, ai'e hereby revived, [)reserved. and continued in full 
force, with the same lien, security, and remedy to enforce 
final judgment, as existed by law at the date of the expi- 
ration of the charter of said Lancaster Railroad Company, 
subject only to such alterations and amendments of law 
as have since been made, applicable to the recovery of 
claims for damages in like cases. 

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

Approved March 10, 1879. 

An Act concerning pawnbrokers. 
Be it enacted, &c., as foUoivs : 

Section 1. When any article shall be hereafter de- 
posited in pawn with a licensed pawnbroker, it shall, 
unless redeemed by the owner thereof or by some one in 
his behalf, be retained by said pawnbroker on the premises 
occupied by him for his business, for at least four months 
from the date of deposit, if not of a perishable nature; 
and if perishable, for at least one month from said date. 
And if the money to be paid or other thing to be done is 
not paid or performed, or tender thereof made, within such 
times, the pawnbioker so holding any article, goods, or 
chattels in pawn may sell the same at public auction, and 
apply the proceeds thereof in satisfaction of the del)t or 
demand, and the expense of the notice and sale, and any 
surplus shall be paid to the party entitled thereto on de- 
mand ; and no article, goods, or chattels hereafter taken in 
pawn by a licensed pawnbroker, exceeding in value the 
sum of twenty-five dollars, shall be disposed of otherwise 
than as above provided, any agreement or contract be- 
tween the parties thereto to the contrary notwithstanding. 

Section 2. The board of officers licensing pawn- 
brokers in any place may fix the rate of interest, which 



Chap. 102 



Articles in 
pawn, unless 
ptrishable, to 
be retained by 
pawnbrokers 
tor four months. 



Perishable 
articles. 



If money is not 
paid, articles 
may be sold at 
auction. 



Licensing oflj- 
cers may fix 
rates of interest. 



472 



1879. — Chapters 103, 10-t. 



Penalty. 



Fee for license 
in Boston. 



such pawnbrokers may charge and receive on loans, and 
may fix different rates for different amounts of money 
loaned. And it shall be unlawful for any licensed pawn- 
broker to charge or receive a greater rate of interest than 
the rate so fixed. And any licensed pawnbroker who shall 
violate any of the provisions of this or the preceding sec- 
tion shall be punished by fine not exceeding fifty dollars 
for each offence. 

Section 3. The fee for a pawnbroker's license here- 
after granted in the city of Boston shall be ten dollars. 

Approved March 12, 1879. 

Chap. 103 An Act forbidding the detention of poor children in alms- 
houses. 
Be it enacted, &c., as folloios : 

Section 1. It shall be the duty of the overseers of the 
poor in any city of the Commonwealth to place all pauper 
children, who are in their charge and who are over four 
years of age, in some respectable family in the state, or in 
some asylum iheiein, to be supported there by said city, 
according to the laws relating to the su])port of the poor, 
until they can be otherwise cared for. And the overseers 
shall visit such children in person or by agent at least 
once in three months, and make all needful inquiries as to 
their treatment or welfare. 

Section 2. It shall be unlawful to retain in any alms- 
house any such child, that can be cared for as above 
directed, without inordinate expense: provided, that noth- 
ing iierein contained shall apply to any child, that has no 
legal settlement in the state, nor to any child, that is idi- 
otic or otherwise so defective bodily or mentally as to 
make such child's retention in an almshouse desirable, nor 
to any child under the age of eight years whose mother is 
an inmate of the almshouse, and a suitable person to aid in 
taking care of such child. 

SectiojS" 8. All acts and parts of acts inconsistent 
herewith are hereby repealed. 

Approved March 12, 1879. 



Pauper children 
under four years 
of ago to be 
placed in re- 
spectable fam- 
ilies. 



To be visited by 
the overseers 
once in three 
months. 



Not to apply to 
children having 
no legal setlle- 
meiit, etc. 



Repeal. 



Chap. 104 



Railroad corpo- 
rations may be 
licensed to be 
public ware- 
nouseinen. 



An Act to amend an act relating to public warehouses. 

Be it enacted, &c., as follows: 

Skction 1. Any railroad corporation established by 
law in this Commonwealth may be licensed and appointed, 
under the provisions of chapter two hundred and six of 
the acts of the year eighteen hundred and sixty, to be a 
public warehouseman, but in that capacity it shall not be 



1879. — Chapters 105, 106, 107, 108. 473 

required to give any sureties on its bond, to exhibit any 
entries on its books, except to the person or corpoj'ation 
actually interested in tlie goods to which sucli entry re- 
lates, or to receive an}^ goods, except those which have 
been, or are forthwith to be, transported over its road, and 
it may itself insure any goods left or placed with it on 
storage instead of causing the same to be insured by any 
other insurer. 

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

Approved March 12^ 1879. 

An Act to amend chapter eighty-three of the general Chap. 105 

STATUTES REGULATING THE TAKING OF SmfLL-FISII. 

Be it enacted^ cfec, as follows: 

Section twelve of chapter eight3^-three of the General permits may be 

Statutes is hereby amended by adding thereto at the end fy 8*16/8° foi^fom. 

thereof after the woid "annually," the words "not ex- gj^,.""^!'"^***' 

ceeding in any week the quantity of two bushels includ- bushels a week. 
ing shells." Approved March 12, 1879. 

An Act concerning signs at railroad stations. Chap. 106 

Be it enacted, d&c, as folloics: 

Section 1. Every lailroad corporation operating a rail- Name of each 
road in this Commonwealth shall indicate to its passengers be'^fndicaufdb'y 
the name of each way station upon said railroad, by pla- conspicuous 

J I - . ' _./ Jr sign or signs. 

cing at or near the same a proper and conspicuous sign or 
signs. 

Section 2. Any railroad corporation violating the pro- penalty, 
visions of this act shall forfeit for each offence the sum of 
fifty dollars. Approved March 12, 1879. 

An Act relating to publication of notice in insolvency Chap. 107 

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

Section 1. Section eighteen of chapter one hundred Amendmentto 
and eighteen of the General Statutes is hereby amended • • ' 
by inserting next after the word "such," in the eighth line 
thereof, the words " newspaper or." 

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

Approved 31arch 12, 1879. 

An Act to authorize the incorporation of roman catholic Chap. 108 

CHURCHES. 

Be it enacted^ &c., asfolloios: 

Section 1. Any Roman Catholic church now or here- Roman Cathouc 

after existing in this Commonwealth, may become incor- become^'Lcorpo- 

porated according to the provisions of this act. The Ro- ^'^^^^' 



474 



1879. — CHArTER 109. 



Certificate to be 
in duplicate. 



One certificate 
to be filed in 
office of secre- 
tary, tlie oilier 
in the registry 
of deeds. 



man Catholic arclibishop or bishop of the diocese in which 
such church may be erected oi- intended so to be, the vicar- 
general of such diocese and the pa.>tor of such church for 
the time being, respectively, or a majority of them, may 
associate with themselves two laymen, members of said 
church, and may, together with such laymen, sign a cer- 
tificate in duplicate, showing the name or title by which 
they and their successors shall be known and distinguished 
as a body cori)orate by virtue of this act, which certificate 
shall be duly acknowledged in the same manner as con- 
veyances of real estate ; and one of such certificates sliall 
be filed in the offi .;e of the secretary of the Commonwealth, 
and the other shall be recorded in the registry of deeds in 
the county in which such church may be erected or in- 
tended so to be; and thereupon such church shall be a 
body coiporate, by the name or title expressed in such cer- 
tificate, and the said persons so signing the same shall be 
the trustees thereof. The successors of any archbishop, 
bishop, vicar-general, or pastor, respectively for the time 
being, shall, by virtue of his office, be the trustee of such 
church ill place of his predecessor ; and such laymen shall 
hold office respectively for one year; and whenever the 
office of any such laymen shall become vacant by death, 
removal, resignation or otherwise, his successor shall be 
associated in the same manner as herein provided for his 
original selection, for the unexpired teiin. 

Section 2. Such trustees may receive, hold, and man- 
age all the property, both real and personal, belonging to 
such church, and sell and convey the same, and hold in 
trust gifts, grants, bequests or donations made to such 
church for the support of public worship and other re- 
ligious purposes: provided^ that all the property belonging 
to any one church or parish and held by trustees incor- 
porated by this act shall never exceed one hundred thou- 
sand dollars, over and above its church buildings ; and pro- 
vided further^ that all powers derived under the provisions 
of this act may be revoked by the legislature. 

Approved March 12., 1879. 

Chap. 109 An Act to fix the salaries of the insurance commissioner, 

HIS DEPUTY AND CLERKS. 

Be it enacted^ &c., as follows: 
Insurance com- SECTION 1. The iusurauce Commissioner, who shall also 
^iirry estab- ^^^ ^^ actiuiry, shall receive in full compensation for all 
liBhed. services, both as commissioner and actuary, a salary of 

three thousand dollars a year, and at the same rate for any 



Trustees may 
hold and man- 
age the prop- 
erty. 



Proviso. 



1879. — Chapters 110, 111. 



475 



Perch fishing in 
Plymouth regu- 
hited. 



part of a year; and his deputy shall receive a salary of salary of 
two thousand five hundred dollars a year, and at the same ^^"^^' 
rate for any part of a year. 

Section 2. The clerks of the insurance commissioner salaries of 
shall receive salaries as follows, viz : the first clerk eighteen '=''"''^*- 
hundred dollars a year ; the second clerk fifteen hundred 
dollars a year ; one extra clerk one thousand dollars a year ; 
and at the same rate for any part of a year. There may 
also be employed in said office such additional clerks and 
other assistants as may be necessary for the despatch of 
public business, at an expense of not exceeding seven 
thousand dollars a year. 

Section 8. All acts and parts of acts inconsistent Repeal. 
herewith are hereby repealed. 

Section 4. This act shall take effect upon the first day 7°*"^^^^*^* 

„ ^ i J March 1, 1879. 

or iVlarcli oi the present year. 

Approved March 12, 1879. 

An Act regulating the taking of perch in the town of Chap. 110 

PLYMOUTH. 

Be it enacted, &c., as folloios: 

Section 1. Whoever takes or catches any white or red 
perch, except with naturally or artificially baited hooks 
and lines, in any of the ponds or streams within the limits 
of the town of Plymouth, shall for each offence forfeit 
not less than two nor more than twenty dollars. 

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

Approved March 12, 1879. 

An Act to authorize a lease of the boston and chelsea Chap. Ill 

RAILROAD, AND TO EXTEND THE CHARTER THEREOF. 

Be it enacted, &c., as follows : 

Section 1. The Boston and Chelsea Railroad Com- 
pany, the Middlesex Railroad Company and the Lynn and 
Boston Railroad Company are hereby authorized to exe- 
cute and deliver, each to the others, an instrument in three 
parts, whereby the railroad, and rights and franchises 
necessary to operate the same, of tlie said Boston and 
Chelsea Railroad Company shall be leased to said Middle- 
sex Railroad Company, and said lease shall be assigned by 
said Middlesex Railroad Company to said Lynn and Boston 
Railroad Company, subject to such reservations as may be 
agreed upon by the parties, and the concurrent use of 
the tracks of said Middlesex Railroad Company in Boston 
shall be given to said Lynn and Boston Railroad Company, 
together with such other conditions, covenants and agree- 
ments as may be assented to by all said parties. 



The Boston and 
Chelsea Rail- 
road may be 
leased. 



Lj-nn and Bos- 
ton Railroad 
may use tracks 
of Middlesex 
Railroad in 
Boston. 



476 



1879. — Chapters 112, 113. 



If parties disa- SECTION 2. In cRse of any disagreement between the 
fontiac^t'mTy be parties, the said Boston and Chelsea Railroad Company, 
confirmed. ^j^g Middlesex Railroad Company and the Lynn and Bos- 
ton Railroad Company are herebj'authorized-to re-execute 
and confirm the existing contract of lease between them. 

Section 3. So much of section fourteen of chapter 
four hundred and forty-five of the acts of the year eighteen 
hundred and fifty-four as limits the existence of said Bos- 
ton and Chelsea Railroad Company to the period of fifty 
years from the passage of said act, is hereby repealed and 
the existence of said corporation shall remain subject only 
to the general provisions of law. 

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

Apjyroved 3farch 12, 1879. 



Charter of Bos- 
ton and Chelsea 
Railroad Com- 
panj- extended. 



Chap 



.112 ^"^ -^CT TO REVIVE THE CHARTER OF THE FALL RIVER STREET 
RAILWAY COIVIPANY, AND TO AUTHORIZE THE ISSUE OF BONDS. 



Fall River Street 
Railway Com- 
pany, charter 
revived. 

May issue 
bonds, and 
mortgage prop- 
erty and fran- 
chise. 



Be it enacted, &c. , as folloios : 

Section 1. Chapter one hundred and twenty of the 
acts of the year eighteen hundred and seventy-three is 
hereby revived and continued in force. 

Section 2. The Fall River Street Railway Company 
may issue bonds and secure the same by a mortgage on its 
tracks, equipment, franchise and other property, real or 
personal ; to an amount which shall not exceed the capital 
stock of said company actually paid in cash and in full 
into its treasury and applied to the construction or equip- 
ment of its road, as certified to upon examination by the 
board of railroad commissioners, whose certificate shall be 



recorded with said morteaofe. 



Approved March 12, 1879. 



Chap. 113 ^N ^^"^ "^O AMEND CHAPTER ONE HUNDRED AND FIFTY OF THE 
GENERAL STATUTES RELATIVE TO THE JURISDICTION OF POLICE, 
DISTRICT AND MUNICIPAL COURTS, AND TRIAL JUSTICES, TO 
ENFORCE mechanics' LIENS. 

Be it enacted, &c., as folloios: 

Section 1. Chapter one hundred and fifty of the Gen- 
eral Statutes is hereby amended by striking out ^section 
nou"\clfe'™$3oa "^"® ^"^^ inserting in place thereof the following, to wit: 
" When the amount of the claim does not exceed three 
hundred dollars, the lien may be enforced by petition to a 
police, district, or municipal court, or trial justice : and 
such courts, and justices shall have like power and author- 
ity within their jurisdiction as are herein conferred upon 



liien may be en- 
forced by police 
courts, etc.. 



1879. — Chapters 114, 115. 



477 



Cities to vote 
upon acceptance 
of chapter 133 of 
acts of 1877. 



the superior court, with like rights of appeal to the parties 
as exist in other civil cases." 

Section 2. This act shall take effect upon its passage ; 
hut nothing herein contained shall affect any proceedings 
commenced before this act ta,kes effect. 

Approved March 13, 1879. 

An Act relating to boards of health in the several cities Chap. 114 

OP THE commonwealth. 

Be it enacted, <£rc., asfolloios: 

Section 1. It shall be the duty of the maj'^or and 
aldermen in each of the cities of the Commonwealth, 
which have not already voted to accept chapter one hun- 
dred and thirty-three of the acts of the year eighteen 
hundred and seventy-seven, to notify and warn the legal 
voters of said cities to vote upon the acceptance of said 
act at the then next meeting in said cities respectively, 
for the election of city officers : provided., the mayor and 
aldermen have been requested in writing so to do, thirty 
days prior to the time of holding said meeting, by fifty 
voters residing therein. 

Section 2. In case of a severe epidemic, or of danger Board of health 
to the public health, the mayor and aldermen of any city Mnn^citiei!Tn ^ 
in the Commonwealth, where there is no board of health, epidemiT^'^*' 
may appoint such a board in accordance with the pro- 
visions of chapter one hundred and thirty-three of the 
acts of the year eighteen hundred and seventy-seven : 
provided., they have been requested to do so by one hun- 
dred voters in said city. 

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

Approved March 13, 1879. 

An Act in addition to "an act in relation to savings Chap.\l5 
banks and institutions for savings." 

Be it enacted, &c., as follows: 

Section 1. So much of the deposits in savings banks Deposits in- 
as are invested in real estate, the title to which has been tSn nai'e's'tate 
acquired by the completion of foreclosure or by purchase ux^tion!"^*^'" 
under the provisions of section twenty-six of chapter two 
hundred and three of the acts of the year eighteen hun- 
dred and seventy-six, shall be exempt from taxation under 
the provisions of chapter three hundred and fifteen of the 
acts of the year one thousand eight hundred and sixty- 
eight, for the period named in said section twenty-six. 

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

Approved March 13, 1879. 



478 



1879. — Chapters 116. 117. 



ChapAU 



Marriages 
among Kriends 
or Qunkora. 
Record and 
return. 



Penalty for 
neglect. 



Repeal of G. 

1U6, §§ 16, 17. 



An Act in relation to returns of marriages. 
Be it enacted, &c., as follows: 

Section 1. Every justice of the peace, minister, and 
clerk, or keeper of the records of the meeting wherein any 
marriages among the Friends or Quakers are solemnized, 
shall make a record of each marriage solemnized before 
him, together with all facts relating to the marriage re- 
quired by law to be recorded. lie shall also between the 
first and tenth days of each month return a copy of the 
record for the month next preceding, to the clerk or regis- 
trar of the city or town in which the marriage was solem- 
nized, and shall, when one or both of the parties to a mar- 
riage resides in a city or town other than that in which the 
marriage is solemnized, return a copy of the record of such 
marriage to the clerk or registrar of the city or town in 
which either party resides, and. to both cities or towns 
when the parties reside in different places. All marriages 
so returned shall be recorded by the clerk or registrar. 

Section 2. Every person neglecting to make the 
returns required by the preceding section shall forfeit for 
each neglect not less than twenty nor more than one 
hundred dollars. 

Section 3. Sections sixteen and seventeen of chapter 
one hundred and six of the General Statutes are hereby 
repealed. Approved March 13, 1879. 



Chajy.m 



Surgeon-gen- 
eral. 

Bureau abol- 
ished. 



rrcseoution of 
claiins to be 
conducted by 
adjutant-gen- 
eral. 



Adjutant-gen- 
eral may ap- 



An Act to abolish the bureau of the surgeon-general. 
Be it enacted, &c., as folloics : 

Section 1. On and after the first day of April of the 
present year the duties and compensation of the surgeon- 
general shall be such only as are prescribed or provided 
for by chapter two hundied and sixty-five of the acts of 
the year eighteen hundred and seventy-eight, and such 
other duties as he may be required to perform as commis- 
sioner under the provisions of the laws granting state aid. 
And the offices of the clerks and me.--senger of tiie surgeon- 
geiieral's bureau are hereb}' abolislied. 

Section 2. On and after tlie first day of April of the 
present year tiie prosecution of claims as heretofore con- 
ducted under the direction of the surgeon-general shall be 
transferred to the adjutant-general, and shall be performed 
under his supervision, subject to such restrictions as may 
be imposed by the commander-in-chief. 

Section 3. The adjutant-general, under the direction 
of the commander-in-chief, may appoint an additional clerk 



1879. — Chapters 118, 119. 



479 



point an ad- 
ditional clerk. 



Books and 
records to be 
turned over to 
adjutant-gen- 
eral. 



Repeal of 1876, 
241. 



To take effect 
April 1, 1879. 



in his department at a salary not exceeding sixteen hun- 
dred dollars per annum. 

Section 4. All books and records relating to claims 
hitherto prosecuted, and all books and records pertaining 
to the militia of the Commonwealth, except such as are of 
professional character of the medical department of the 
militia, now in custody or possession of the surgeon-gen- 
eral, shall on the first day of April of the present year, be 
turned over to the adjutant-general. 

Section 5. Chapter two hundred and forty-one of the 
acts of the year eighteen hundred and seventy-six, and all 
acts and parts of acts inconsistent with this act are hereby 
repealed. 

Section 6. This act shall take effect on the first day of 
April in the current year. Approved March 13, 1879. 

An Act to repeal chapter two hundred and eighty-eight Chap. 118 

OF THE acts of THE YEAR EIGHTEEN HUNDRED AND SEVENTY, 
RELATING TO THE STATE WORKHOUSE AT BRIDGEWATER. 

Be it enacted, &c., as follows. • 

Section 1. Chapter two hundred and eighty-eight of inmates of state 

.1 . p., • -I , 1 11 1 j'l almshouse not 

the acts oi the year eighteen hundred and seventy is here- to be sentenced 
by repealed. _ We!" ''°''''" 

Section 2. This act shall take effect upon its passage ; 
but shall not be construed to revive any act or part of an 
act hitherto repealed. Apj)roved March 13, 1879. 

An Act for the protection of the fisheries of mill river Chap. 119 

AND ITS TRIBUTARIES IN THE TOWN OF ESSEX. 

Be it enacted, &c., as follows : 

Section 1. The owners and proprietors of dams on Fishwaystobe 
Mill River or Brook, in the town of Essex, are hereby erected. 
required to erect and maintain fishways over or around 
said dams, and they shall be subject to all the powers 
given to the commissioners on inland fisheries under the 
laws of the Commonwealth. 

Section 2. No person shall take, catch, or cause to be shad, aiewives, 
taken or caught, by any means whatsoever, in said river tlkOTunui Ma - 
or its tributaries, or the ponds and connecting streams out i. iss*. 
of which said river and tributaries flow, any of the fish 
called alewives or shad, nor any land-locked salmon in said 
ponds and connecting streams, until the first day of May 
in the year eighteen hundred and eighty-four. 

Section 3. The inhabitants of the town of Essex may Town may reg- 
make all proper regulations concerning said fisheries in erfes.'^'^^*''' 
said Mill River and its tributaries, within said town of 



480 



1879. — Chapters 120, 121. 



Penalties. 



Chaj). 120 



Corporation re- 
vived for the 
final settlement 
of its concerns. 



Chap.Ul 

Corporators. 



Name and pur- 
pose. 

Powers and 
duties. 



Capital stock. 



Essex, provided they do not conflict with the general 
laws relating to inland fisheries. 

Section 4. Any person offending against any of the 
provisions of this act shall forfeit for each offence a sum 
not less than five nor more than thirty dollars, and shall 
be subject to all further penalties in such cases as is by 
law made and provided. Approved March 13, 1879. 

An Act to revive and continue the charter of the alle- 

ghany river oil company for certain purposes. 
Be it enacted, &c., asfoUotvs: 

Section 1. The existence of the corporation hereto- 
fore known as the Alleghany River Oil Company, having 
its usual place of business in Boston, is hereby revived 
and continued for a period not exceeding three years, for 
the purpose of enabling said corporation by its last duly 
elected treasurer to recover by suit at law or bill in equity 
or otherwise, all its estate, credits and effects, in the name 
of said corporation, to sell all its real and personal estate, 
and execute, acknowledge and deliver all deeds or other 
instruments in writing necessary to pass its title thereto, 
and to do such other acts as are necessary for the final set- 
tlements of its concerns, but for no other purpose what- 
soever. 

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

Approved March 13, 1879. 

An Act to incorporate the phcenix brewing company of 

lawrence. 
Be it enacted, &c., asfoUoios: 

Section 1. Thomas Carberry, Charles H. Nichols, 
John H. Nolan and George A. Mead, their associates and 
successors, are made a corporation by the name of The 
Phcenix Brewing Company, for the purpose of malting 
and brewing lager beer, with the powers and privileges 
and subject to the duties, restrictions and liabilities con- 
tained in the general laws which now are or hereafter may 
be in force and applicable to such corporations, and sub- 
ject also to the laws which now are or hereafter may be in 
force in regard to intoxicating liquors. 

Section 2. The capital stock of said corporation shall 
be one hundred thousand dollars. 

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

\_The foregoing Act having been laid before the Governor on 
the 12th of March, and not returned by him with his objections 
luithin Jive days after receiving the same, as prescribed by the 
Constitution, had the force of law the 18th of March, 1879.^ 



1879. — Chapters 122, 123, 124. 481 

An Act for the protection of the eel fisheries in the Chap. 122 

TOWN of EDGARTO^\'N. 

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

Section 1. Whoever takes, catches, or destroys any Eei fisheries 
eels in any of the ponds or streams within the town of ^^s^^'^^^d. 
Edgartown in any other manner than by pots, spear, hand 
net, or hook and line, shall forfeit for every eel so taken. Penalties, 
caught or destroyed, not less than one dollar nor more 
than five dollars ; a half of said fine to be paid to the com- 
plainant. 

Section 2. AU fines and penalties for violating this Recovery of 
act, with costs, may be recovered, by complaint or action fi°^* ^°<* p*'""'- 
of tort, in any court of competent jurisdiction. 

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

Approved March 20, 1879. 

An Act to establish the salaries of the attorney-gen- Chap. 123 
eral and the assistant attorney-general. 

Be it enacted, &c., as follows : 

Section 1. The attorney-general shall receive a salary salaries.— 
of four thousand dollars a year, and at the same rate for ^^o^ey-gen- 
any part of a year. 

Section 2. The assistant attorney-general shall receive Assistant attor. 
a salary of two thousand dollars a year, and at the same ^''J-s^'^'''"^'- 
rate for any part of a year. 

Section 3. All acts and part of acts inconsistent here- Repeal, 
with are hereby repealed. 

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

Approved March 21, 1879. 

An Act to fix the salaries of the commissioners of Chan. 124 

savings banks. ^ 

Be it enacted &c., as folloivs : 

Section 1. The commissioners of savings banks shall salaries estab- 
each receive, together with their actual necessarj?- travel- 
ling and office expenses not exceeding the amount actually 
paid b}^ them, the sum of two thousand five hundred dol- 
lars a 3'ear, and at the same rate for any part of a year. 

Section 2. All acts and part of acts inconsistent here- Repeal. 
with are hereby repealed. 

Section 3. This act shall take effect upon the first to take effect 
day of March of the present year. - arc , 

Approved March 21, 1879. 



482 



1879. — Chapters 125, 126. 



Chap.lTD 



Sale of estates 
charged with 
payments of 
money, may be 
made by order 
of the S. J. C. 
in equity. 



Trustee may be 
appointed by 
the court. 



Trustee to give 
bond. 



An Act providing for the sale of estates encumbered by 

charges for the payment of money. 
Be it enacted, &c. , as follows : 

Section 1. When lands have been by deed or will 
charged with payment of money, either in fixed sums or 
in annuities for a life or lives, or for years, the supreme 
judicial court, sitting in equity in the county where the 
lands or any part of them lie, may, upon the petition of 
the persons holding title to said lands subject to the charge 
of such payments, authorize them, after notice and hear- 
ing, to sell and to convey by private sale or public auction 
the whole or any portion of such lands, in fee simple, free 
from such charges, whether the same be present or future, 
certain or contingent, and shall in such case, by its decree, 
provide for the payment of the sums charged upon said 
lands by placing the whole or any portion of such pro- 
ceeds in the hands of a trustee, to be appointed by the 
court, or by the purchase of annuities for the persons enti- 
tled to such charges, or by any other means which shall be 
deemed just and reasonable. 

Section 2. In case of the appointment of such trustee 
he shall give bond in such sum as the court shall order, 
shall manage and account for the trust fund under the 
direction of the court, and shall distribute the income 
according to its decree. Approved March 21, 187 9. 

Chap. 126 ^N Act allowing a deposit of money in lieu of sureties 

ON recognizances. 
Be it enacted, &c., as follows: 

Section 1. Whenever a person arrested on criminal 
process has been ordered to recognize with sureties for his 
appearance before any court or trial justice, he may, in- 
stead of giving sureties, at any time, give his personal 
recognizance and deposit with the trial justice or clerk of 
the court before which he is ordered to appear, and in case 
there is no clerk, with the justice of said court, the amount 
of the bail which he is ordered to furnish, and said clerk, 
justice or trial justice shall give him a certificate thereof, 
and upon delivering to the officer in whose custody he is, 
said certificate, he shall be discharged from custody. 

Section 2. In case money has been deposited as afore- 
said, the defendant at any time before default may surren- 
der himself in the same manner that sureties in criminal 
cases may now surrender their principal, and upon such 
surrender the money so deposited shall be returned to the 
defendant or his order. 



Persons arrest- 
ed on criminal 
process, may 
deposit money 
instead of giv- 
ing sureties. 



Dofcnilant may 
si"-ender him- 
self. 



18T9. — Chapters 127, 128, 129. 



483 



Amendment to 
1874, 82, § 1. 



Section 3. In case of the default of the defendant the in case of de- 

, p 1 ,1 1 fault, money to 

court may at any time thereaiter order the money aepos- be paid to coun- 
ited as aforesaid to be forfeited, and the said justice, trial ty treasurer. 
justice, or clerk with whom said deposit is made, shall 
thereupon pay over said money so deposited to the county 
treasurer. 

Section 4. At any time after a default the defendant surrender after 
may surrender himself in the manner provided in section 
two, and the court may thereupon order the whole or any 
part of the money so as aforesaid deposited to be returned 
to the defendant as justice may require. 

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

Approved March 21, 1879. 

An Act to amend chapter eighty-two of the acts of the Chap. 127 

YEAR eighteen HUNDRED AND SEVENTY-FOUR, " TO PROTECT 
THE RIGHTS OF OWNERS OP PONDS." 

Be it enacted, &c., as follows: 

Section one of chapter eighty-two of the acts of the 
year eighteen hundred and seventy-four, is hereby amended 
by striking out the words " or artificial " in the second line 
of said section, and by inserting after the word " acres " in 
the fourth line, the words " or of any artificial pond of any 
size, in which fishes are lawfully cultivated or maintained." 

Approved- March 21, 1879. 

An Act concerning the payment of laborers' wages by Chap. 128 

CITIES. 

Be it enacted, &c., asfolloios: 

It shall hereafter be the duty of all cities in this Com- Laborers to be 
monwealth to pay, at intervals not exceeding seven days, ^''^ ^^® ^" 
all laborers who are employed by them. at a rate of wages 
not exceeding two dollars a day, if such payment shall be 
demanded. Approved March 21, 1879. 

An Act relating to cooperative saving fund and loan Chap. 129 

ASSOCIATIONS. 

Be it enacted, &c., as follows : 

Section 1. The commissioners of savings banks are 
hereby authorized and required to perform, in reference to 
any cooperative saving fund and loan association, the same 
duties, and shall have the same powers, as are now required 
of them or given to them in reference to savings banks 
and institutions for savings. And it shall be the duty of 
any officer of such association, upon being required by the 
commissioners of savings banks, to make true answers to 



Commissioners 
of savings banks 
to supervise co- 
(jperatlve sav- 
ing fund and 
loan associa- 
tions. 



48i 



1879. — Chapters 130, 131. 



To make annual 
report to the 
legislature. 



any inquiries made of such officers by said commissioners, 
and to make any returns which may be required by said 
commissioners. 

Section 2. The commissioners of savings banks shall 
annually make report to the legislature of such facts and 
statements respecting such associations and in such form 
as the commissioners shall deem that the public interest 
requires. 

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

Approved March 21, 1879. 



Chap. 130 



Foreign com- 
panies restricted 
to one class of 
insurance. 



To elect and 
express to com- 
missioner, class 
of insurance, 
etc. 



Not to apply to 
certain com- 
panies. 



An Act in relation to certain foreign insurance compa- 
nies. 
Be it enacted, &c., as follows: 

Section 1. Whenever any insurance company of 
another state or country, which by its charter or the laws 
under which it is organized is authorized to transact more 
than one class or kind of insurance business, makes appli- 
cation for authority to transact business in this Common- 
wealth, it shall elect and express in such application one 
class or kind of business which it desires to transact in 
this Commonwealth, and if such company is subsequently 
admitted it shall be restricted in its business in this Com- 
monwealth to the class or kind of business so chosen and 
determined. 

Section 2. Any such company now doing business in 
this state shall on or before the first day of July next elect 
and express to the insurance commissioner one class or 
kind of insurance to which its business in this Common- 
wealth shall thereafter be confined. 

Section 3. This act shall not apply to companies 
transacting the business of marine insurance in connection 
with fire insurance, or accident insurance in connection 
with life insurance. Approved March 21, 1879. 



Chap. 131 An Act to amend the law relating to appeals from pro- 
bate COURTS. 

Be it enacted, &c., as follows: 

Section 1. Section nine of chapter one hundred and 
seventeen of the General Statutes is hereby amended by 
adding at the end thereof the following words, " or at any 
previous rule day after the claim and notice of appeal : 
provided, that at least fourteen days' service is made upon 
the adverse party as provided in section ten of this chap- 
ter." 



Appeals froni 
probate courts, 
when to be 
claimed and 
entered. 



1879. — Chapters 132, 133, 134. 485 

Section 2. Whenever an appeal is to be entered at any Rule day to be 

1 . -.1.1 iTi , , 1 • ii £ Stated in reasons 

such previous rule day, it shall be stated m the reasons oi ofappeai. 
appeal at what rule day the appeal is to be entered. 

Approved March 21, 1879. 

An Act TO amend chapter three hundred and twenty-one CA^^. 132 

OF THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND SEVENTY- 
ONE, IN RELATION TO THE DISCHARGE OF PERSONS CONFINED 
AS INSANE. 

Be it enacted, &c. , as follows : 

Section five of chapter three hundred and twenty-one ^J^\^^^^'f^°.^ 
of the acts of the year eighteen hundred and seventy-one fined as uisaue. 
is amended by inserting after the word " insane " the words 
" or that he is not dangerous to himself or to others, and 
ought not longer to be so confined." 

Axjproved March 21, 1879. 

An Act concerning gifts to married women from their Chap. 133 

HUSBANDS. 

Be it enacted, &c., as follows: 

Section 1. The wearing apparel and articles of per- Gifts from hus- 
sonal ornament of a married woman and articles necessary to be her sole 
for her personal use, acquired by gift from her husband, propeny!^^^ 
not exceeding two thousand dollars in value, shall be and 
remain her sole and separate property : j[>rovz'(i('tf, however, 
that nothing herein contained shall be construed to au- 
thorize suits between husband and wife or to make valid 
any gift or transfer by a husband in fraud of his creditors. 

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

Approved March 21, 1879. 

An Act to extend to the city of salem the provisions of Chap. 134 
chapter nineteen of the general statutes in relation 

TO THE construction OF THE WORDS " MAYOR AND ALDER- 
MEN." 

Be it enacted, &c., as follows: 

Section 1. Section seventeen of chapter nineteen of charter of city 
the General Statutes is amended by striking out the word f/JJo^'and'*^* 
" city," and inserting instead thereof the word " cities," coMtraed" 
and by inserting after the word " Boston " the words " and 
Salem." 

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

Approved March 21, 1879. 



486 



1879. — Chapters 135, 136. 



Chap. 135 



City may tnke 
Frye's Mills and 
flats in Mill- 
pond. 



Description of 
land to be filed 
in registry of 
deeds. 



Liability for 
damages. 



Ax Act to authorize the city of salem to take frye's 

MILLS. 

Be it enacted^ <fec., as follows: 

Section 1. If, for the purpose of carrying off or other- 
wise disposing of any drainage, filth or pollution, the city 
of Salem shall find it advisable to take Frye's Mills, so 
called, in said Salem, or any or all of the lands or flats 
connected therewith, and the privileges and franchises 
belonging and appurtenant thereto, and any or all of the 
flats in Frye's Millpond, said city is hereby authorized to 
take the same. 

Section 2. 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 thereof suffi- 
ciently accurate for identifying the same. 

Section 3. Said city of Salem shall be liable to pay 
all damages sustained by any persons or corporations in 
their property by the taking as aforesaid of any land, water, 
water rights, franchises or property. If any person or 
corporation sustaining damage as aforesaid cannot agree 
with said city upon the amount of said damages, such per- 
son or corporation may have them assessed and paid in the 
same manner as is provided by law with respect to land 
taken for highways. 

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

Ajyproved March 21, 1879. 

Chap. 136 An Act to incorporate the fall river insurance brigade. 

Be it enacted, &c., as follows: 

Section 1. Samuel D. Howland, J. Augustus Reming- 
ton, William S. Greene, Griffitts M. Haffards, Jeremiah 
M. Shepard, Jr., Albion K. Slade, Jr., and all other officers 
for the time being of any incorporated company or asso- 
ciation and any agent doing the business of fire insurance 
in the city of Fall River, who may become associated with 
them, and their successors, are hereb}^ created a body 
corporate by the name of the "Fall River Insurance Bri- 
gade," with power to sue and be sued, and may hold by 
purchase, devise, or otherwise, real or personal property, 
for the use of said corporation, to an amount not exceed- 
ing one hundred thousand dollars, and may sell and con- 
vey any part thereof, subject however to the laws of this 
Commonwealth. 

Section 2. Said corporation shall have power to pro- 
vide and maintain a corps of men, with proper ollicers, 



Corporators. 



Name. 



Capital stock. 



May maintain a 
corps of men for 



1879. — Chapter 136. 



487 



whose duty it shall be, so far as practicable, to discover 
and prevent fires ; and shall provide suitable apparatus to 
save and preserve life and property at or after a fire, and 
power is hereby granted to such corps and its officers to 
enter any building on fire, or which in their judgment is 
immediately exposed to or in danger of taking fire from 
other burning buildings, to protect and save life and prop- 
erty therein, and to remove such property or any part 
thereof at or immediately after a fire : provided, however, 
that nothing in this act shall be so construed as to lessen 
in any way the authority of the officers or members of the 
Fall River Fire Department, or to warrant or justify any 
interference with them in the performance of their duties, 
nor shall it in any way justify the owner of any building 
or personal property in the abandonment of his property. 

Section 8. The officers and men of the Fall River 
Insurance Brigade, with their teams and apparatus, shall 
have the right of Avay, while going to a fire, through any 
street, lane or alley in the city of Fall River, subject to 
such rules and regulations as the city council may pre- 
scribe, and subject also to the rights of the Fall River Fire 
Department ; and any violation of the street rights of the 
Fall River Insurance Brigade shall be punished in the 
same manner as is provided for the punishment of viola- 
tions of the rights of the fire department of the city of 
Boston, in chapter three hundred seventy-four of the acts 
of the year eighteen hundred and seventj^-three. 

Section 4. In the month of June, eighteen hundred 
and seventy-nine, and in the month of June in every year 
thereafter, there shall be held a meeting of the corporation 
hereby created, of which ten days' previous notice shall be 
inserted in at least two newspapers published in the city 
of Fall River, at which meeting each incorporated insur- 
ance company or association doing business in the city of 
Fall River, whether its officers or its agents be members of 
this corporation or not, shall have the right to be repre- 
sented by one of such officers or agent, and each organiza- 
tion represented at such meeting shall be entitled to one 
vote. A majority of the whole number so represented 
shall have power to decide upon tlie question of sustaining 
the corps herein before mentioned, and of fixing the maxi- 
mum amount of expenses which shall be incurred there- 
for during the fiscal year next to ensue ; and the whole of 
such amount, or so much thereof as may be necessary, may 
be assessed upon the organizations belonging to this cor- 
poration, and upon all other organizations and agencies, 



prevention and 
discovery of 
tires, etc. 



Proviso. 



To have right of 
way while going 
to a tire, subject 
to rights of fire 
department. 



Meetings of the 
corporation. 



Expenses. 



488 



1879. — Chapter 136. 



Assessments 
collectible in any 
court of law. 

Proviso. 



Payment of per- 
sons employed, 
etc. 



Treasurer may 
require state- 
ment to be 
made, of premi- 
ums, etc., 
received. 



Penalties. 



as herein before mentioned, in proportion to the several 
amounts of premiums returned as received by each, as 
hereinafter provided, and such assessment shall be collect- 
ible by this corporation in any court of law in the Com- 
monwealth : provided, that the premiums received for in- 
suring buildings shall be subject to but a half of the rate 
of assessment laid on premiums received for insuring other 
property. 

Section 5. To provide for the payment of persons 
employed and to maintain the apparatus for saving life 
and property contemplated, this corporation is empowered 
to require a statement to be furnished semi-annually by 
all corporations, associations, underwriters, agents, or per- 
sons, of the aggregate amount of premiums received for 
insuring buildings, and of the aggregate amount of pre- 
miums received for insuring other property in the city of 
Fall River, for and during the six months next preceding 
the fir.st day of March and the first day of Sej^tember of 
each year, which statement shall be sworn to by the presi- 
dent or secretary of the corporation or association, or by 
the agent or person so acting and effecting such insurance 
in said city, and shall be handed to the treasurer of this 
corporation within thirty days after the time to which such 
returns are to be made. 

Section 6. It shall be lawful for the treasurer or other 
appointed officer of this corporation, within ten days after 
the first day of March and the first day of September in 
each year, by written or printed demand, signed by him, 
to require from every corporation, association, underwriter, 
agent, or person engaged in the business of fire insurance 
in the city of Fall River, the statement provided for in 
section five of this act ; and every officer of such cor- 
poration or association, and every individual, agent, or 
underwriter, who shall for thirty days after such demand, 
neglect to render the account, shall forfeit fifty dollars for 
the use of the said corporation created by this act ; and 
he shall also forfeit, for their use, five dollars in addition 
for every day he shall so neglect after the expiration of 
the said thirty days ; and such additional penalty may be 
computed and recovered up to the time of the trial of any 
suit for the recovery thereof, which penalty may be sued 
for and recovered, with cost of suit, in any court of record 
within this state. 

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

Approved March 21, 1S79. 



1879. — Chapters 137, 138, 139. 



489 



Alewifefisliery 
in Barnstable. 



An Act for the better protection of the fishery of the Chap. 137 

NINE MILE POND FISHING COMPANY. 

Be it enacted, &c. , as follows : 

Section 1. Whoever takes or catches any alewives in 
Centreville River, so called, in tlie town of Barnstable, 
between that part of said river where the mouth of the 
canal of the Nine Mile Pond Fishing Company opens into 
the same, and a point fifteen rods above said mouth, shall 
forfeit and pay a fine of not less than five, nor more than 
fifty dollars for each offence. 

Section 2. Nothing herein contained shall be con- 
strued to authorize the taking of alewives by any person 
between said mouth of said canal and tide water. 

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

Approved March 21, 1879. 



Alewives not to 
be taken be- 
tween mouth of 
canal and tide 
water. 



An Act to amend the charter of the city of lowell. Chap. 138 

Be it enacted, &c. , as follows : 

Section 1. Section twenty-six of chapter one hundred city charter. 
and seventy-three of the acts of the year eighteen hun- 
dred and seventy-five is hereby amended by striking out Amendment to 
the words " owners thereof," in the twelfth and thirteenth ^^'"'' ^^^' ^ ^^" 
lines and inserting in place therebf the words " abutters 
thereon." 

Section 2. Section twenty-seven of said chapter is 
hereby amended by inserting the words "the city," be- 
tween the words "and" and "shall" in the sixth line. 

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

Approved March 21, 1879. 



Amendment to 
1875, 173, § 27. 



Chap.V^^ 



An Act to incorporate the hingham water company. 
Be it enacted, &c. , as follotvs : 

Section 1. John D. Long, Samuel Downer, Charles coiporatois. 
B. Barnes, E. Waters Burr, David Cushing, Junior, Wil- 
liam J. Nelson, George P. Hayward, Ebed L. Ripley, 
Starkes Whiton, Elijah Shute, Edmund Hersey and 
George Cushing, their associates and successors, are hereby 
made a corporation by the name of the Hingham Water Name and pur- 
Company, for the purpose of furnishing the inhabitants of ^^"*''' 
Hingham with pure water for the extinguishment of fires, 
generation of steam, 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, so far as the 
same may be applicable to this corporation. 



490 



1879. 



Chapter 139. 



May take waters 
of Accord Pond. 



May take and 
hold I'eal estate. 



May enter upon 
and dii? up 
roads under 
direction of 
selectmen. 



To file in regis- 
try of deeds, 
a description of 
the land taken. 



Assessment of 
damages. 



Application to 
be made for 
damages, within 
three years. 



Section 2. Said corporation, for the purposes aforesaid, 
may take, hold and convey into and through tlie town of 
Hingham, or any part thereof, the waters of Accord Pond, 
so called, situate in the towns of Hingham, South Scituate 
and Rockland, and the waters which flow into and from 
the same, together with any water rights connected there- 
with ; and may take and hold, by purchase or otherwise, 
any real estate necessary for the preservation and purity 
of the said waters, or for forming any dams or reservoirs 
to hold the same, and for laying and maintaining aqueducts 
and pipes for distributing tlie waters so taken and held ; 
and for the purpose of making all needed repairs or service 
connections may lay its water pipes through any private 
lands, with the right to enter upon the same and dig there- 
in, and for any of the purposes aforesaid may carry its 
pipes under or over any water course, street, railroad, high- 
way or other way, in such manner as not unnecessarily 
to obstruct the same, and ma}^ under the direction of the 
board of selectmen, enter upon and dig up any road or 
other way, in such manner as least to obstruct the same, 
for the purpose of laying or repairing its aqueducts, pipes, 
or other works, and in general may do any other acts and 
things necessary, convenient or proper for carrying out the 
purposes of this act. 

Section 3. Said corporation shall, within ninety days 
after the taking of any land under this act, otherwise than 
by purchase, file in the registry of deeds for the county 
of Plymouth, a description thereof sufficiently accurate 
for identification, with a statement of the purpose for which 
the same is taken, signed by the president of the corpora- 
tion ; and the title of the land so taken shall vest in the 
said corporation. 

Section 4. Any person or corporation injured in prop- 
erty by any of the acts of said corporation under this act, 
and failing to agree with said corporation as to the amount 
of damages, may have the same assessed and determined in 
the manner provided when land is taken for highways, but 
no application shall be made to the county commissittners 
for the assessment of damages for the taking of water 
rights until the water is actually taken and diverted by 
said corporation. Any person whose water rights are thus 
taken or aifected, may apply as aforesaid within three years 
from the time the water is actually withdrawn or diverted, 
and not thereafter wards, and no suit for injury to i)erson 
shall be brought after two years from the alleged date of 
the receipt of injury. 



1879. — Chapter 139. 



491 



Section 5. If any person shall use any of said water 
taken under this act without the consent of said corpora- 
tion, or shall divert the water or any part thereof so taken, 
or corrupt the same or render it impure, or destroy or in- 
jure any dam, aqueduct, pipe, conduit, hydrant, machinery 
or other works or property held, owned or used by said 
corporation under the authority of, and used for the pur- 
poses of this act, he shall forfeit and pay to said corpora- 
tion 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 by a fine not 
exceeding three hundred dollars, or by imprisonment in. 
jail not exceeding one year. 

Section 6. Said corporation may distribute the water 
through said Hingham ; 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 
Hingham, or with individuals or corporations, to supply 
water for fire, or other purposes, as may be agreed upon 
by said town, individuals or corporation and said corpora- 
tion. 

Section 7. The said Hingham Water Company, for 
the purpose of supplying that part of the town of Hull 
called Nantasket and Nantasket Beach with pure water for 
domestic, fire and other purposes, is hereby authorized to 
extend its water pipes or conduits to the said Nantasket 
and Nantasket Beach and shall have the same rights and 
powers in and for these said localities that are granted it 
by the other sections of this act in and for the town of 
Hingham, whenever the said town of Hull shall, by a 
majority of the voters present and voting thereon at a 
town meeting duly called for the purpose, accept the pro- 
visions of this act so far as applicable to them : provided^ 
that whenever for any reason the supply of water shall 
not be more than sufficient for the needs of the residents 
of the town of Hingham, the residents of the town of 
Hingham shall be first supplied. 

Section 8. The capital stock of said corporation shall 
not exceed one hundred and fifty thousand dollars, and 
shall be divided into shares of one hundred dollars each ; 
and said corporation may at any time issue bonds to an 
amount equal to the capital stock actually paid in. 

Section 9. Manufacturing and other corporations 
doing any business in said towns of Hingham and Hull are 
hereby authorized to subscribe for and hold stock of said 
Hingham Water Company. 



Penalty for di- 
verting water or 
rendering it 
impure. 



May distribute 
water through 
town of 
Hingham. 



May extend 
pipes to Nan- 
tasliet and Nan- 
taaliet Beach. 



Proviso. 



Capital stock 
and shares. 



Coi-porations 
may take stock 
in company. 



492 



1879. — CHArxER 139. 



Town of Hing- 
bam maj- take 
stock. 



Town may pur- 
chase proiierty 
and riglits of 
company. 



Town may issue 
scrip for defray- 
ing cost of proj)- 
erty. 



Hingbam Water 
Loan. 



Town maj' ap- 
propriate money 
for )):iyiiient ot 
priiKi]ial and 
iutcrottt. 



Section 10. The town of .Hingham may take and hold 
twenty-five per centum of the cajjital stock of said corpo- 
ration, and have a proportionate voice in the management 
of the affairs of said corporation, provided it shall vote so 
to do by a two-thirds vote of the voters present and voting 
thereon at any legal meeting called for the purpose. 

Section 11. The town of Hingham 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, together with interest thereon at a rate not ex- 
ceeding ten per centum per annum, said cost to include all 
actual loss or damage paid or suffered by said company 
for injury to person or property, deducting from said cost 
any and all dividends which may have been paid by said 
corporation, or at such a price as may be mutually agreed 
upon between said corporation and the town of Hingham; 
and the said corporation is autliorized to make sale of the 
same, and this authority to purchase said franchise and 
property is granted on condition that the same is assented 
to by said town by a two-thirds vote of the voters present 
and voting thereon at any annual meeting, or at a legal 
meeting called for that purpose. 

Section 12. For the purpose of defraying the cost of 
such property, lands, water and water rights, as shall be 
purchased for the purposes aforesaid, the town of Hingham 
through its treasurer may from time to time issue notes, 
bonds, scrip or certificates of debt, to be denominated on 
the face thereof " Hingham Water Loan," to an amount 
not exceeding the amount paid by the town for said pur- 
chase, and bearing interest at a rate not exceeding six per 
centum per annum, payable semi-annually ; and the princi- 
pal being payable at periods not more than thirty years 
from the issuing of said notes, bonds, scrip, or certificates 
of debt respectivel3^ Said treasurer, under the authority 
of the town, may sell such notes, bonds, scrip or certifi- 
cates of debt, or any part thereof, from time to time, or 
pledge the same for any money borrowed for the purposes 
aforesaid, on such terms and conditions as he may deem 
proper, or as may be prescribed by the town. Said town 
may further make appropriations, and assess from time to 
time, amounts not exceeding in any one year the sum of 
five thousand dollars, towards payment of the principal of 
the money borrowed as aforesaid, and also a sum sufficient 
to pay the interest thereon in the same manner as money 
is assessed and appropriated for other town purposes. 



1879. — Chapter 140, 



493 



Section 13. Incase the town of Hinwham shall pur- Liabilities of 

■1 ,1 . • 1 , • •! IP 1 • J? j_i town in case of 

cnase the property, rights, privileges and iranchises oi the purchase. 
corporation established by this act, the said town shall 
exercise all the rights, powers and authority, and be sub- 
ject to all the restrictions, duties and liabilities herein con- 
tained, in such manner, and by such officers, servants or 
agents as the town may direct, and the town shall be lia- 
ble to pay all damages for land, water or water rights taken 
for the purposes set forth in this act which shall not have 
been previously paid by said corporation. 

Section 14. In case the town of Hingham shall accept if town accepts 
chapter one hundred and thirty of the acts of the year LtTof isre, thfs 
eighteen hundred and seventy-six, within the time and in ^ct to be void. 
the manner therein provided, and shall also, within three 
months after so accepting the same, vote to construct the 
works contemplated therein, and to raise and appropriate 
the necessary sum of money therefor, this act shall be 
void, otherwise this act shall take effect at and upon the 
expiration of the time granted to said town in said chap- 
ter, within which to accept the same, and said chapter one 
hundred and thirty of the year eighteen hundred and sev- 
enty-six shall become void. Approved March 21, 1879. 

An Act to authorize the boston, cunton, fitchburg and Chap, 140 

NEW BEDFORD RAILROAD COMPANY TO ISSUE BONDS. 

Be it enacted, &c., as folloios: 

Section 1. The Boston, Clinton, Fitchburg and New May issue bonds, 
Bedford Railroad Company, is hereby authorized by vote $3,500,000, fol 
at a meeting called for the purpose, to issue bonds in sums 8Sin"g deb°"'' 
of not less than one hundred dollars each, payable at 
periods not exceeding thirty years from the date thereof, 
and bearing interest not exceeding the rate of six per 
centum a year, payable semi-annually, to an amount not 
exceeding the sum of three million five hundred thousand 
dollars, the proceeds thereof to be used exclusively for the 
payment of the debt of the corporation now outstanding ; 
and the interest upon all or any portion of said bonds may 
be secured by the Old Colony Railroad Company, by an 
agreement in writing thereon, according to the provisions 
of the existing lease, to said last named company of the 
Boston, Clinton, Fitchburg and New Bedford Railroad. 

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

Approved March 21, 1879. 



494 



1879. — Chapters 141, 142. 



Chap. 141 -A.N Act kelatixg to receipts and expenditures of the 

TROY AND GREENFIELD RAILROAD AND HOOSAC TUNNEL. 



Receipts to be 
paid montbly, to 
the treasurer 
and receiver- 
general. 



Proviso. 



Manager to re- 
port annually to 
the legislature. 



Be it enacted^ &c., as follows: 

Section 1. The treasurer of the Troy and Greenfield 
RaUroad and Hoosac Tunnel shall, every month or oftener, 
pay to the treasurer and receiver-general of this Common- 
wealth all moneys received on account of said railroad 
and tunnel, accompanied by a statement explanatory of 
the same ; and he shall, within the first ten days of every 
month, deliver to the auditor of accounts, bills of all dues 
that may have become payable on account of said railroad 
and tunnel, with a statement of the particular account for 
which they were respectively incurred, and when allowed, 
the amounts of such bills may be paid upon the warrants 
of the governor and council to said treasurer or to the. 
disbursing officer of said railroad and tunnel: pi'ovided, 
that there may be paid to said treasurer in advance, from 
the earnings of said railroad and tunnel, a sum not exceed- 
ing one thousand dollars, to be accounted for to the 
auditor of accounts in the monthly settlements of said 
treasurer. 

Section 2. The manager of said railroad and tunnel 
shall make a report to the legislature annually, on or 
before the first Wednesday in January, of his doings and 
of the earnings and expenses of said railroad and tunnel, 
which report shall likewise contain a detailed estimate of 
all sums to be required for the year next ensuing and the 
reasons for the same. 

Section 3. Chapter two hundred and twenty-six of the 
acts of the year eighteen hundred and seventy-eight, and 
all acts or parts of acts inconsistent with this act are here- 
by repealed. 

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

Ajyproved March 21^ 1879. 

Chap. 142 An Act to authorize the appointment of an additional 

MASTER IN CHANCERY FOR THE COUNTY OF ESSEX. 

Be it enacted, &c., as follows: 

Section 1. The governor, by and with the advice and 
consent of the council, is hereby authorized to appoint 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 nine. 

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

Aproved March 21, 1879. 



Repeal. 



Additional mas 
tcr in ch.ancery 
for Elssex 
County. 



1879. — Chapters 143, 144. 



495 



An Act to authorize the highland street railway com- Chap. 143 

PANT to obtain LOCATIONS OF TRACKS IN THE TOWN OF BROOK- 
LINE. 

Be it enacted^ c&c, as foUotvs : 

Section 1. The Highland Street Railway Company is May obtain lo. 
hereby authorized to obtain locations of tracks in the town* rfBrookunT''' 
of Brookline. 

Section 2. The selectmen of said town shall have no street railways 
authority to allow said company to use the tracks of any "f oth^r^^treTt^* 
other street railway located in said town, neither shall they railways, 
have authority to allow anj^ other street railway to use the 
tracks of the Highland Street Railway which may be 
located in said town. 

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

Approved March 21, 1879. 

An Act to incorporate the Worcester continentals. Chap. 144 
Be it enacted, &c., as foUoios : 

Section 1. William S. B. Hopkins, Joseph A. Titus, 
Edward J. Russell, Edwin A. Wood, Willard F. Pond, 
Frank A. Kelly, George A. Bates, C. M. Lamson, Wil- 



Corporators. 



liam G. Strong, George H, 
thaniel Paine, W. F. Ewell, 
F. Verry, A. P. Pond, A. M. 
and such other persons as 
associated as the Worcester 



Harlow, M. E. Walker, Na- 
Charles D. Holmes, George 
Bigelow, Charles H. Bowker, 
may so elect, who are now 
Continentals of the City of 



Worcester, or may be hereafter associated with them, 
are hereby made a body corporate to be located at said 
city of Worcester, and to have the name of the Worcester 
Continentals, and as such body corporate shall have the 
privileges and be subject to the duties and liabilities set 
forth in all general laws now or hereafter enacted relating 
to such corporations. 

Section 2. The objects of this corporation shall be 
military organization, drill, discipline, and parade, and the 
preservation of military associations and spirit. 

Section 3. The said corporation shall have power to 
make and adopt by-laws, rules and regulations, not incon- 
si stnt with the laws of this Commonwealth, for the admis- 
sion, withdrawal, suspension and expulsion of members, 
and their government, the election of officers and prescrib- 
ing their duties, and for the safe keeping of its property 
and funds, and from time to time to alter or repeal such 
by-laws, rules and regulations. 

Section 4. The said corporation shall have the power 
to hold property, real and personal, to an amount not ex- 
ceeding seventy-five thousand dollars. 



Corporate 
name. 



Objects of the 
corporation. 



May make by- 
laws and regu- 
lations. 



Real and per- 
sonal property. 



496 



1879. — Chapters 145, 146. 



May parade in 
public with Bide- 



Chap. 145 



Time for build- 
ing bridge, ex- 
tended. 



('orporators 
may assign tlieir 
rights to city of 
Boston or to 
commissioners 
of Norfolk 
County. 



Chap. 146 



City charter 
amended. 



Aldermen to be 
elected for two 
years. 



Section 5. The members of said corporation may pa- 
rade in public with side-arms. 

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

Approved March 21, 1879. 

An Act to extend the time and to amend the act for 

BUILDING the SQUANTUM FREE BRIDGE. 

Be it enacted, &c., as folloios : 

Section 1. The time fixed in section four of chapter 
two hundred and sixty-nine of the acts of the year eigh- 
teen hundred and seventy-three, for building and finishing 
the Squantum Free Bridge, is hereby extended five years, 
from the thirtieth day of March, in the year eighteen hun- 
dred and seventy-nine. 

Section 2. Said act is hereby amended so as to allow 
the corporators in said act to assign to the city of Boston, 
or to the county commissioners for the county of Norfolk, 
or both, all their rights and authority under said act, in 
case either the said city of Boston, or the said county 
commissioners, or both jointly, shall determine to con- 
struct and maintain said bridge, under the second section 
of said act ; and said act is also so amended that sections 
one and three of said act shall have no binding effect 
upon either the said city of Boston, or the said county 
commissioners. 

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

Ajyproved March 21, 1879. 

An Act to amend " an act to establish the city of som- 

ERVILLE." 

Be it enacted, &c., as follows: 

Section 1. Chapter one hundred and eighty-two of 
the acts of the year eighteen hundred and seventy-one, 
being an act to establish the city of Somerville, is hereby 
amended as follows : — 

At the next municipal election in said city there shall 
be elected by the qualified voters of the city at large, 
voting in their respective wards, eight persons to serve as 
aldermen, two residing in and being selected from each 
ward of said city, one of whom shall be designated and 
elected to serve one year, and the other, two years ; and 
annually thereafter, there shall be elected in manner 
and form as is now provided, one person in each ward of 
said city to serve as alderman for two years. Said alder- 
men shall hold their offices for the municipal year or years, 
as the case may be, next following their election and until 



1879. — Chapter 147. 



497 



Common coun- 
cilmen to be 
elected for two 
years. 



a majority of the new board shall be elected and qualified 
in their places. 

Section 2. And the common council elected at the 
next municipal election shall be elected as follows ; 
namely, two persons shall be chosen by and from the 
voters of each ward of said city to serve as common coun- 
cilmen for one year, and two persons by and from the vot- 
ers of each ward of said city to serve as common council- 
men for two years ; and annually thereafter there shall be 
elected two persons by and from the voters of each ward 
of said city to serve as common councilmen for two years. 
Said councilmen shall hold their offices for the municipal 
year or years, as the case may be, next followino' their 
election and until a majority of the new board shall be 
elected and qualified in their places. 

Section 3. Sections eioht and nine of chapter one Repeal of mi, 
hundred and eighty-two of the acts of the year eighteen ' ' 
hundred and seventy-one are hereby repealed. 

Section 4. At the annual election, on the Tuesday subject to ac- 
next after the first Monday of November next, this act felifvoterl*^^ 
shall be submitted to the legal voters of the city of Som- 
erville ; and, if a majority of such voters present and vot- 
ing thereon by ballot shall determine to adopt the same, it 
shall then take effect, but not otherwise. 

Approved March 21, 1879. 



An Act to preserve the purity of the water supply of Chap. 147 

THE city of SPRINGFIELD. 

Be it enacted, &c., asfolloivs: 

Section 1. No person shall take any fish from any 
reservoir or canal held or owned by the city of Springfield 
for the purpose of supplying the inhabitants of said city 
with water, without the permission of the board of water 
commissioners of said city. 

Section 2. No person shall put or place any boat in or Boats not to be 
upon the waters of any of the reservoirs or canals afore- wuhout^con^-"''^* 
said, without the permission of said board of water com- ^^^^> ^^'^■ 
missioners. 

Section 3. Whoever violates any provisions of this Penalties, 
"act shall be punished by a fine of not less than two nor 
more than fifty dollars, to be recovered on complaint be- 
fore any court of competent jurisdiction. 

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

Approved March 25, 1879. 



Fish not to be 
taken from 
reservoir with- 
out consent of 
commissioners. 



498 



1879. — Chapter 148. 



May construct a 
main drain in 
tbe North River. 



Chap. 148 An Act to authorize the city of 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, Goldthwait's or Proctor's 
Brooks, or their tributaries, and the sewage, drainage or 
pollution therein, and for the purpose of taking and carry- 
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 direct 
into said sewer the said brooks or either of them, or their 
tributaries, and any sewage, drainage or pollution w^hich 
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 direct, 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, fran- 
chises or water rights, necessary for laying and maintain- 
ing 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 thereof suffi- 
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 sus- 
taining 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 manner 
as is provided by law with respect to land taken for high- 
ways. 



May take and 
hold all the 
flats in Frye's 
Millpond. 



Mayor to file in 
reifistry of deeds 
a description of 
the laud, etc., 
taken. 



Liability of city 
for damages. 



1879. — Chapter 148. 



499 



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 
shall be in its natural channel, or in any new or artificial 
channel which maybe 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 be entered 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, hotvever, 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 per- 
sons shall, contrary to the provisions of this act, enter any 



Interception of 
streams or 
draius. 



Town of Pea- 
body to com- 
pensate city of 
Salem for con- 
ducting further 
sewage, etc. 



Sewage not to be 
discharged into 
main drain with- 
out consent of 
city of Salem. 



Penalty for en- 
tering, injuring 



500 



1879. — Chapter US. 



or obstructini 
drain. 



City of Salem 
may take ilats 
for abating a 
nuisance. 



To file in regis- 
try of deeds a 
description of 
the land taken. 



Claims for 
damages. 



drain or sewer, or conduct any sewage or drainage mat- 
ter or pollution of any kind, into any drain or sewer con- 
structed under the provisions of this act, or shall wantonly 
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 cit}^ of Salem by the authority and 
for the purposes of this act, such town, corporation, person 
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 owned or used 
by the said city of Salem by the authority or for the pur- 
poses 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 necessary or expedient. Such city shall 
within sixty days from the time it shall take for such pur- 
pose 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 certain as is required in a common 
conveyance of lands, and a statement that the same are 
taken pursuant to the provisions 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 maj' be sold and conveyed 
by said city in such manner as the city council may deter- 
mine ; 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 



1879. — Chapter 148. 



501 



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 
hj the same taking, file a bill in equity in the supreme 
judicial court in the count}^ of Essex, setting forth the 
taking of the complainant's flats by said city, and whether 
the complainant claims any and what damages against the 
said city of Salem for said taking, and praying an assess- 
ment of damages therefor. And upon the filing of such 
bill said court shall cause notice of the pendency of such 
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 per- 
son 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 clearly to distinguish the same 
from all other lands, and shall also declare what estate he 
claims therein. 

Section 11. Upon the expiration of the time allowed commissioners 
for the appearance to the said bill, the said court shall to asseFs^uam! 
appoint three commissioners, who shall receive such com- ^^^^' 
pensation as the said court shall fix, to be paid l)y 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 complainants and other parties to such bill, 
and of all other lands adjacent and owned by other par- 
ties 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 



To report to the 
court. 



502 



1879. — Chapter US. 



Parties 

aggrieved may- 
apply for a jury. 



Separate de- 
crees to be 
entered. 



Recovery of 
costs. 



Court may order 
a party to give 
security for 
damages or 
costs. 



Payment of 
costs. 



City may layout 
streets over 
flats. 



when requested by any party, of the evidence touching 
any exception intended to be taken by him. 

Section 12. Any party aggrieved by any findings or 
doings of said commissioners may apply for a jury to revise 
the same, by petition to the supreme judicial court at the 
same terra thereof at which said commissioners sliall make 
their report, or at the next term thereof: and thereupon 
said court shall order a trial by jury to be had at the bar 
of the court in the same manner in which trials are held 
in the superior court to assess the damages for 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 ha\dng different or separate interests 
or estates in the same j)roperty 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 lajdng out of highways. 

Sectiojst 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 execution therefor 
shall be issued without regard to the pendency 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 paj-ment 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 Salera is 
hereby authorized to lay out, in the manner prescribed by 
the charter of said city, any street or way over any of the 
flats referred to in this act. 



1879. — Chapter 148. 



503 



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 
aldermen to lay, make and maintain drains and common 
sewers through or over the flats within the limits of said 
city. 

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 ex- 
ceeding in the whole the sum of one hundred and twenty- 
five thousand dollars, bearing interest at a rate not exceed- 
ing 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 tw^o hundred and nine of the acts 
of the year eighteen hundred and seventy-five. 

Section 21. This act shall take effect on its acceptance 
by a majority of the legal voters of the city of Salem 
present and voting as hereinafter provided : First, at meet- 
ings held simultaneously for that purpose in the several 
wards on some day, within seven months from the passage 
of this act, to be designated by the mayor and aldermen 
and of which notice shall be given at least seven days 
before the time of holding such meetings, or Second, at 
the municipal election holden oh the second Tuesday of 
December of the current year, in case the act shall fail to 
be accepted at the first meetings. 

Approved March 25, 1879. 



Drains and 
sewers may be 
laid through 
flats within the 
city limits. 



"City of Salem 
Sewerage 
Loan " not to 
exceed $125,000. 



Sinking fund to 
be established 
for payment of 
loan. 



Subject to ac- 
ceptance by the 
legal voters of 
the city. 



504 1879. — Chapters U9, 150. 

Chap. 149 An Act ix relation to licensing vehicles to convey per- 
sons TO AND FROM THE STATE MDSTER-FIELD IN THE TOWN OF 
FRAMINGHAM. 

Be it enacted^ cfcc, as folloivs : 

Vehicles for SECTION 1. Either the adjutant-general or the select- 

paslcngere to iQcn of the towH of Framingham may license vehicles used 

musfor-rtourln "^ conveyiiig persons for pay to or from the state muster- 

Framingiuuu, to field ill the towii of Framingham, upoH such terms and 

conditions as he or they deem reasonable ; and the party 

granting any such license may revoke and suspend the 

same at pleasure, and the fee for each license shall be 

twenty-five cents, to be paid into the town treasury. 

Penalty for SECTION 2. Whocvcr uscs 01 causcs to be used any 

withoiTa^'^'^ vehicle or vehicles for conveying any person or persons 

license. foi' pay to or from the state muster-field in the town of 

Framingham, during the time any portion of the volunteer 

militia is encamped thereon as provided by law, without 

such license, shall be punished by a fine not exceeding 

twenty dollars for each offence. 

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

Approved March 25, 1879. 

Chap. 150 -A.N Act to authorize the construction of a dike in the 

TOWN OF WESTFIELD. 

Be it enacted, &c., as follows : 
Town may con. SectionI. The inhabitants of the town of Westfield 
smuh B^ide'^of"" fire hereby authorized to locate and construct, in the town 
wcstfteid Great of Wcstfield, a dike on the south side of Westfield Great 

River. (>i p • ^ • ^ 

Kiver, lor the purpose or protecting highways and other 
property, public and private, from damage in times of 
freshets and flood, and after its construction to maintain, 
repair and rebuild the same. 
Meeting to be SECTION 2. Before proceeding to locate said dike, said 

uel'^cOTcerning' towu shall causc to be published for two successive weeks, 
location, in The Western Hampden Times and News Letter, a 

notice of the time and place at which they will meet to 
fix and determine the location of said dike, and hear all 
parties in relation to the same. In locating said dike, said 
Private towii may fix and determine the number of private cross- 

croB^ings. ings, aiid the place and manner in which, and the persons 

by whom, such crossings shall be constructed and there- 
after maintained ; and no person shall cross said dike with 
teams or animals at any other place tlian at sut^h private 
DeBcription of crossiiigs. A description of the location of the dike with 
recorded. such pi'ivatc cro.ssiiigs shall be recorded in the office of the 

town clerk of Westfield and in the registry of deeds for 



1879. — Chapter 150. 



505 



the county of Hampden, within thirty days from such 
determination. No private crossing shall be thereafter 
established over said dike except in the mode prescribed 
by law for the location of private waj^s. 

Section 3. Said town, or any person employed by, or 
acting under any contract or authority from said town, 
to construct, repair or rebuild said dike, shall have 
authority at any and all times, to enter upon the lands on 
which said dike may be located, and upon any land ad- 
joining or in the vicinity of said dike, and to take and 
remove therefrom the soil and other material which may 
be needed to construct, maintain, repair and rebuild said 
dike. 

Section 4. Within two months after the completion 
of said dike, or after the completion of any repairs thereon, 
or any rebuilding of said dike, said town shall determine 
the amount of damages sustained by each of the owners 
of land so entered upon, and shall, as soon as practicable 
thereafter, give to said owners notice of such determina- 
tion, by giving to each owner a copy in writing of such 
determination, and when such owner is not a resident of 
Westfield, by mailing a copy, postage prepaid, addressed 
to such owner at his place of abode, if known to the per- 
son giving such notice, and when such owner or his place 
of abode is not known, by posting a copy on or near the 
premises so entered upon, and shall also deposit a list of 
such owners with the amount of damages awarded to each, 
in the office of the town clerk of Westfield. In estimat- 
ing said damages there shall be allowed by way of set-off, 
the benefit, if any, to the property of the party by reason 
thereof. 

Section 5. Within two months after notice has been 
given as aforesaid, and said list has been deposited as 
aforesaid, any person or corporation aggrieved by such 
determination, may apply for a jury to revise such deter- 
mination, and the proceedings thereupon shall be the same 
as in the case of a jury called to revise the judgment of 
the county commissioners in awarding damages for laying 
out, altering or discontinuing highways : provided^ such 
applications shall contain specifications of the objections 
of the party applying for a jury to the determination of 
the town, to which specifications the party shall be con- 
fined at the hearing before the jury. If upon the hearing, 
the jury do not increase the amount allowed as damages 
by the town, the costs incurred by reason of the applica- 
tion shall be paid by the person who recognizes for the 



Town may enter 
upon lands, and 
take soil, etc., 
therefrom. 



Determination 
of damages. 



Betterments. 



Parties 

aggrieved may 
apply forajuiy. 



Pros'iso. 



506 



1879. — CuArxER 150. 



Proviso. 



Town may cut 
down trees, and 
remove obstruc- 
tions from the 
river. 



May make a 
channel through 
Town Island. 



Damages. 



Town may pur- 
chase lands, etc. 



Dike to be prop- 
erty of the 
town. 



Authority con- 
ferred may be 



payment of costs, otherwise such costs shall be paid by the 
town. Any person or corporation, who shall neglect to 
make application as herein provided, shall be concluded 
upon the question of damages by the determination of the 
town ; provided, that any person not a resident of the 
town of Westfield who shall not have seasonably received 
said notice of said determination and who shall be ag- 
grieved by said determination may apply for a jury as 
aforesaid at any time witliin one year after said list has 
been deposited as aforesaid. 

Section 6. Said town is hereby authorized to enter 
upon any lands in said town lying between the banks of 
said river, or contiguous thereto, and cut down and carry 
away any trees or bushes there growing or being, and re- 
move and carry away any logs, drift wood, stones, earth or 
other obstructions which may impede the free passage of 
water down the channel or along the banks of said river, 
and shall have authority to enter upon a certain tract of 
land in said Westfield called the Town Island and be- 
tween the old Pochassie road and the extreme south bank 
of said river, and dig and excavate a channel for the pas- 
sage of water through said tract, and maintain and keep 
open said channel at all times thereafter, and also to cut 
down and remove any trees or brush growing on said tract, 
and to remove and carry away any logs, stones, earth or 
other material on said tract, at any and all times hereafter, 
which shall hinder the free passage of water down said 
river, but this section shall not authorize the removal of 
any dam, bridge, or building, in or across said river or 
upon the bank thereof. 

Section 7. If any damages are sustained b}' any party 
under the provisions of the preceding section, the amount 
thereof shall be determined and notice shall be given, a 
list deposited and the party aggrieved entitled to a jury in 
like manner as is provided in sections four and five of this 
act. 

Section 8. Said town may take by purchase, and hold, 
any lands needed to carry into effect the provisions of this 
act. The dike constructed under tlie provisions of this 
act shall be the properly of the town. All damages sus- 
tained by any party and all expenses incurred by said 
town under this act shall be borne and paid by said town, 
and the amount thereof assessed and collected as other 
town taxes are assessed and collected. 

Section 9. All authority conferred upon said town 
under tliis act may be exercised by any special committee 



1879. — Chapters 151, 152. 



507 



May increase 
capital stock. 



Issue of bonds 
legalized. 



of the inhabitants of said town, chosen at any legal town exercised by a 
meeting- specially called for that purpose. '^°'""" 

Section 10. Any person who shall wilfully injure said renames for 
dike shall be punished by a fine not exceeding two hun- '"J"""^ 
dred dollars, or by imprisonment in the house of correc- 
tion not exceeding two years, and shall be liable to said 
town ill an action of tort for all damages. 

Section 11. This act shall take effect upon its passage. 

Approved March 25, 1879. 

An Act to authorize the highland street railway com- Chap.X^l 

PANT TO INCREASE ITS CAPITAL STOCK. 

Be it enacted, c&c, as follows : 

Section 1. The Highland Street Railway Company 
is hereby authorized to increase its capital stock to an 
amount not exceeding one million of dollars. 

Section 2. Three hundred thousand dollars of said 
stock shall be applied to the payment or redemption of 
the bonds of said company already issued under the fol- 
lowing named dates, to wit : — the fifth day of August in 
the year eighteen hundred and seventy-three, the first day 
of May in the year eighteen hundred and seventy-seven, 
and the first day of January in the year eighteen hundred 
and seventy-eight, at or before maturity ; and the issue of 
said bonds is hereby legalized and made valid, and the 
holders thereof may convert them into stock as said bonds 
mature, unless redeemed by the company before maturity. 

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

Approved March 25, 1879. 

An Act to incorporate the international trust company. Chap. 152 
Be it enacted, &c., as follows : 

Section 1. William Gaston, Charles Marsh, Patrick corporators. 
A. Collins, Samuel Carr, William T. Parker, their asso- 
ciates and successors, are hereby made a corporation by 
the name of the International Trust Company, to be Name and 
located at Boston, for the purpose of receiving on deposit p"""?"^®- 
money, government securities, stocks, bonds, coin, valua- 
ble papers, documents and evidences of debt, and of col- 
lecting and disbursing the principal, interest and income 
of said property ; and may act as agents for the purpose 
of registering and countersigning bonds, stocks, certifi- 
cates or evidences of debt. 

Section 2. "The capital stock of this corporation shall capital stock 
be one hundred thousand dollars, Avith the right to in- ^'^'i s^^''^'*- 
crease the same to five hundred thousand dollars, and to 



508 



1879. — Chapter 152. 



To have a re- 
serve on hand 
equal to fifty per 
cent, of its 
deposits. 



Courts, trus- 
tees, etc., may 
raalic deposits. 



Loans and 
investments. 



Commissioners 
of savings banks 
to liavo super- 
vision. 



8ul>joct to pro- 
visions of 166i, 
2«a. 



Returns to be 
made to the tax 



commence business when the sum of one hundred thou- 
sand dollars shall have been paid in in cash. No certifi- 
cate of shares shall be issued until the par value of such 
shares shall have been paid in in cash. When the de- 
posits exceed the sum of one million of dollars, the capital 
stock shall be increased from time to time in the ratio of 
ten thousand dollars to each one hundi-ed thousand dollars 
of deposits or the major part thereof, until the whole of the 
capital stock hereby authorized shall have been subscribed 
and paid in in cash. 

Section 3. Said corporation shall at all times have on 
hand, as a reserve. United States bonds and lawful money 
to an amount equal to at least fifty per centum of the 
aggregate amount of all its deposits which are subject 
to withdrawal upon demand: provided, in lieu of lawful 
money one-third of said fifty per centum may consist of 
balances payable on demand due from any national bank 
or banks doing business in this Commonwealth. 

Section 4. Any administrator, assignee, guardian or 
trustee, any court of law or equity, including courts of 
probate and insolvency, may deposit or direct, any moneys, 
bonds, stocks, coin, valuable papers, documents and evi- 
dences of debt, to be deposited with said corporation. 

Section 5. All moneys received under the provisions 
of this act shall be loaned on or invested only in the 
authorized loans of the United States, or of the State of 
New York or of the New England States, or of the 
authorized loans of the counties, cities and towns of the 
New England States, contracted for county or municipal 
purposes. 

Section 6. The commissioners of savings banks shall 
inspect, examine and inquire into the affairs, have access 
to the vaults, books and papers, of said corporation ; and 
said corporation shall make returns to the savings bank 
commissioners in such manner as may be prescribed by 
them, once in each year at least, and at other times when 
said commissioners shall by written notice direct the same 
to be made, and to the same extent as if this corporation 
were a savings bank. 

Section 7. Said corporation shall be subject to the 
provisions of chapter two hundred and eighty-tliree of the 
acts of the year eighteen hundred and sixty-five and any 
acts now existing, or which may hereafter be passed in 
amendment or lieu thereof. 

Section 8. Said corporation shall also annually, be- 
tween the first and tenth days of May, return to the tax 



1879. — Chapter 152. 



509 



commissioner, a true statement, verified by the oath of the 
president and treasurer of the corporation, of the amount 
of all sums deposited with it on interest other than those 
specified in section ten of this act ; together with the 
name of every city and town in this Commonwealth where 
any beneficial owner resided on said first day of May, and 
the aggregate amount of such deposits then held for the 
benefit of persons residing in each of such cities and 
towns under a like penalty. Said corporation shall annu- 
ally pay to the treasurer of the Commonwealth a sum to 
be ascertained by assessment by the tax commissioner 
upon an amount equal to the total value of such deposits 
at three-fourths of the rate ascertained and determined by 
him under section five of chapter two hundred and eighty- 
three of the acts of the year eighteen hundred and sixty- 
five and acts in amendment thereof. 

Section 9. No taxes shall be assessed in any city or 
town, for state, county or town purposes, upon or in 
respect of any such property held in trust or any such 
amounts deposited on interest, or for investment ; but 
such proportion of the sum so paid by said corporation 
as corresponds to the amount of such property lield for 
beneficiaries or payable to persons resident in this Com- 
monwealth, shall be credited and paid to the several cities 
and towns where it appears from the returns or other evi- 
dence that such beneficiaries resided on the first day of 
May next preceding, according to the aggregate amount 
so held for beneficiaries and persons residing in such cities 
and towns respectively ; and in regard to such sums so to 
be assessed and paid as aforesaid, said corporation shall be 
subject to sections eleven, twelve and thirteen, the last 
paragraph of section fifteen and section seventeen of 
chapter two hundred and eighty-three of the acts of the 
year eighteen hundred and sixty-five and acts in amend- 
ment or lieu thereof, so far as the same are applicable 
thereto. 

Section 10. Deposits with said corporation which can 
be withdrawn on demand or upon not exceeding ten days' 
notice, shall, for purposes of taxation, be deemed money 
in possession of the person to whom the same is payable. 

Section 11. The shareholders of this corporation shall 
be individually responsible equally and ratably, and not 
one for the other, for all contracts, debts and engagements 
of said corporation, to the extent of the amount of their 
stock therein, at the par value thereof, in addition to the 
amount invested in such shares. 



commissioner 
under oath. 



Taxation. 



Deposits with- 
drawable on 
demand, to be 
deemed money 
in posseseion of 
depositor. 

Liabilities of 
stockholders. 



510 



1879. — Chapters 153, 154. 



Dutiesand SECTION 12. This Corporation shall be subject to the 

corporation. dutlcs, rcstrictions and liabilities set forth in all general 
laws which now are or hereafter may be in force applicable 
to such corporations. 

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

Approved March 25, 1879. 

Chan 153 ^^ -^^^ ^^ incorporate the Massachusetts public health 



ASSOCIATION. 



Corporators. 



Be it enacted, &c., as follows: 

Section 1. Edward Everett Hale, Henry I. Bowditch, 
Alexander D. Sinclair, William Gaston, Charles R. Cod- 
man, Martin Brimmer, Robert Treat Paine, Jr., John G. 
Gushing, Arthur Lincoln, John Cummings, Francis H. 
Peabody, James H. Blake, Nathaniel J. Bradlee, William 
Watson, Rufus S. Frost, Elisha S. Converse, Samuel B. 
Rindge, Amory A. Lawrence, E. F. Bowditch, John C. 
Phillips, Nathan Appleton, Hamilton A. Hill, Francis 
Shaw, George T. Angell and William Emerson Baker, 
their associates and successors, are hereby made a corpo- 
ration by the name of The Massachusetts Public Health 
Association, for the purpose of taking measures for pro- 
tecting and improving the health of the people of this 
Commonwealth, with all powers, rights and privileges con- 
ferred, and subject to all duties, limitations and restric- 
tions imposed, by general laws upon corj)orations estab- 
lished for benevolent or. charitable purposes. 

Section 2. The said corporation may hold real estate 
to an amount not exceeding one hundred thousand dol- 
lars, and personal estate to an amount not exceeding one 
hundred thousand dollars, and may lease, hold, purchase 
or erect suitable buildings for its accommodation ; but 
said real and personal estate shall not be exempted from 
^ taxation. 

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

Approved March 25, 1S79. 

Chap. 151 An Act relating to the civil jurisdiction of the muni- 
cipal COURT OP THE CITY OP BOSTON. 

Be it enacted, &c. , as folloivs : 

The civil jurisdiction of the municipal court of the city 
of Boston, subject to the same limitations as to amounts 
as are now provided b}^ law, and when the plaintiff resides 
or has his usual place of business within the county of 
Suffolk or resides out of the Commonwealth, shall include 
personal actions wherein the defendant is not an inhabit- 



Name and 
purpose. 



Powers and 
duties. 



Real and per- 
sonal estate. 



Civil jurisdic- 
tion of the court. 



1879. — Chapters 155, 156, 157. 511 

ant of the state : provided^ that personal service of the Proviso, 
writ, or an effectual attachment of property, be made 
within the county of Suffolk. 

Approved March 25, 1879. 

An Act to authorize the superior court to compel the Chap. 155 

ATTENDANCE OP WITNESSES AND THE GIVING OF TESTIMONY 
before the railroad COMMISSIONERS. 

Be it enacted, &c., as follows: 

In all cases where the railroad commissioners are or Attendance of 
shall be empowered bylaw to summon witnesses before the giving of 
them, and to administer oaths and take testimony, any foremXoad" 
justice of the superior court, either in term time or vaca- commissioners, 
tion, upon application of said commissioners, may at his 
discretion compel the attendance of witnesses and the 
giving of testimony before said commissioners in the same 
manner and to the same extent as before the superior 
court. Approved March 25, 187 9. 

An Act concerning the change op the gauge of their Chap. 156 

TRACKS BY RAILROAD CORPORATIONS. 

Be it enacted, &c., as follows: 

Section 1. No railroad corporation organized to con- change of 
struct its road on a gauge of three feet shall change such comm'issioners 
gauge to four feet eight and a half inches in the manner iaw*hasbeen' 
provided in section twenty-one, and clause two of section 3" ctruli.^' 
thirty of the general railroad act of the year eighteen cateisfiied. 
hundred and seventy-four, without complying with all 
provisions of law in relation to the capital stock of roads 
of the gauge last named ; and the fact that such pro- 
visions of law have been complied with must be shown to 
the satisfaction of the board of railroad commissioners 
and endorsed by the clerk of said board upon the certifi- 
cate of such change of gauge before the filing of such 
certificate in the office of the secretary of the Common- 
wealth. 

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

Approved March 25, 1879. 

An Act concerning the bonds of town treasurers and Chap. 157 

COLLECTORS. 

Be it enacted, &c., as follows: 

Section 1. No assessors of any town shall commit Taxiistnotto 

any tax list to the collector of taxes until the bonds of collector, until 

such collector and of the treasurer of said town have been tr°easur°e'i-irave 

given and approved as now required by law ; and the gi^en bonds. 



512 



1879. — Chapters 158, 159. 



Oflico may be 
declared vacant, 
if treasurer fails 



Religious wor- 
ship in prisons, 
etc. 



selectmen shall upon the receipt and approval of such 
bonds, give written notice thereof to said assessors. 

Section 2. The selectmen ma}'-, if any town treasurer 
shall fail for ten days after his election to give his bond as 
to give bond, etc. required by law, declare his oflSce vacant. 

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

Approved March 25, 1879. 

Chap. 158 An Act to amend chapter one hundred and twenty-six 

OF THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND SEVENTY- 
FIVE, RELATIVE TO RELIGIOUS INSTRUCTION IN PRISONS. 

Be it enacted, &c., as follows : 

Section 1. Section one of chapter one hundred and 
twenty-six of the acts of the year eighteen hundred and 
seventy-five is hereby amended by adding after the word 
" correction," in the second line thereof, the following 
words, " public charitable or reformatory institution " ; 
and section two of said chapter is amended by inserting 
after the word " prison," in the second line thereof, the 
words, "jail, house of correction or public charitable or 
reformatory institution." 

Section 2. Nothing in this act shall be so construed as 
to prevent the assembling of all the inmates of any state 
or other public institution in the chapel thereof, for general 
religious instruction, including the reading of the Bible, 
as the board having charge of the institution may deem 
wise and expedient. 

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

Approved March 25, 1879. 

Chap. 159 An Act in addition to an act concerning offences 

AGAINST chastity, MORALITY AND DECENCY. 

Be it enacted, &c., asfolloxos: 

Section 1. Any person who shall within this Com- 
monwealth sell or lend, or give away, or in any manner 
exhibit or shall offer to sell, or to lend, or to give away 
any instrument or other article intended to be used for self 
abuse, or any drug or medicine or any instrument or article 
whatever for the prevention of conception or for causing 
unlawful abortion, or shall advertise the same or shall 
write or print or cause to be written or printed any card, 
circular, book, pamphlet, advertisement or notice of any 
kind stating when, where, how, or of whom, or b}^ what 
means any of the articles in this section hereinbefore men- 
tioned can be purchased or obtained, or shall manufacture 
or in any wise make any of such articles or things, shall 



Assembly in 
chapel for gen- 
eral religious 
instruction. 



Offences against 
chastity, 
morality and 
decency. 



1879. — Chapters 160, 161. 



513 



Materials for 
manufacture 
may be seized 
and forfeited. 



Search warrants 
may be issued. 



on conviction thereof be imprisoned in the state prison for Penalties 
not more than five years, or in any jail or house of correc- 
tion not more than three years, or fined not less than one 
hundred dollars nor more than one thousand dollars. 

Section 2. All the articles and things described in 
section one of this act, and all articles of raw materials 
found in the possession of any person or persons intending 
to manufacture the same into such articles and things, and 
also all tools, machinery, implements, instruments, and 
personal property found in the place or building where 
the articles and things described in section one of this act 
are found or seized and used or intended to be used in 
the manufacture of such articles or things, may be seized 
and shall be forfeited. And any police, district or munici- 
pal court, or trial justice, may issue a warrant, for the pur- 
pose of searching for any of the articles or things men- 
tioned in section one, in the manner provided in chapter 
one hundred seventy of the General Statutes, and all such 
things found by an officer in executing such warrant shall 
be safely kept so long as is necessary for the purpose of 
being used as evidence in any case, and as soon as may be 
afterward shall be destroyed by order of the court or jus- 
tice before whom the same are brought. 

Approved March 26, 1879. 

An Act in relation to the appraisal of animals diseased Chap. 160 

WITH GLANDERS OR FARCY. 

Be it enacted^ t&c, as follows : 

Section 1. In all cases of glanders or farcy the ap- Appraisal of an- 
praisal of the animal so diseased shall be based on its value ^tV^ianT^rs 
in its diseased condition, and the appraisers shall be the «"■ '"'^''^y- 
following persons. First, one member of the board of 
commissioners on contagious diseases among cattle. Sec- 
ond, one veterinary surgeon selected by said commissioner. 
Third, one reputable person who may be selected by the 
owner of the animal, if he choose to do so, otherwise the 
two appraisers above named shall select the third. 

Section 2. All acts or parts of acts inconsistent here- 
with are hereby repealed. Approved March 26, 1879. 



An Act in relation to probate accounts. 
Be it enacted, &c., as follows: 

Section 1. When upon the filing of or hearing on any 
account by a trustee or guardian in the probate court, it 
appears to the court that the interest of any person un- 
born, unascertained, or otherwise legally incompetent, is 



Chap. 161 



When interest 
of a person is 
not represented, 
court may ap- 
point guardian 
ad litem. 



514 



1879. — Chapters 162. 163. 



Person ap- 
pointed to be 
sworn. 



Decree of the 
court to be 
final. 



not represented otherwise than by the accountant, the 
court may, and, upon the request of any person interested, 
shall, appoint some competent and disinterested person to 
act as guardian ad litem or next friend for such person 
to represent his interest in the case. 

Section 2. Such person so appointed shall make oath 
to perform his duty faithfully and impartially, and shall 
be entitled to such reasonable compensation for his services 
as the court may allow. 

Section 3. The decree of the court having jurisdiction, 
allowing any account of a trustee or guardian, shall be 
final and conclusive against all persons interested and 
legally competent at the date thereof and against all other 
persons interested, or who might by possibility be inter- 
ested, although unborn, unascertained, or otherwise legally 
incompetent, whose guardian ad litem or next friend after 
having been duly qualified, has assented thereto, or been 
heard thereon, unless the same is appealed from in the 
manner, and within the time provided by chapter one 
hundred and seventeen of the General Statutes, except 
always in case of fraudulent concealment or fraudulent 
misrepresentation on the part of the accountant. 

Section 4. All acts and parts of acts inconsistent 
herewith are hereby repealed. Approved March 26, 1879. 

Chap. 162 ^^ ^^^ '^^ AMEND THE CHARTER OF THE CITY OF NEW BEDFORD. 

Be it enacted, &c., as folloios: 

Section 1. The salary of the mayor of the city of 
New Bedford shall be twelve hundred dollars per annum. 

Section 2. This act shall take effect upon its passage, 
but be void unless accepted by the qualified voters of the 
city of New Bedford present and voting by ballot " Yes " 
or " No," at meetings warned for the purpose in the sev- 
eral wards by the board of aldermen, to be held within 
ninety days after the passage of this act. 

Approved March 26, 1879. 

Chap. 163 An Act in addition to "an act in relation to registra- 
tion AND elections IN THE CITY OF BOSTON." 

Be it enacted, &c., as folloios: 

Section 1. On or before the first day of May in the 
current year the board of assessors of taxes in the city of 
Boston shall divide the wards numbered twenty-three, 
twenty-four and twenty-five of said city into the same 
number of voting precincts to which said wards were enti- 
tled, under chapter two hundred and forty-three of the 



Salary of the 
mayor. 

Subject to 
acceptance by 
the voters. 



Voting pre- 
cincts in wards 
ii. 24, and 25, 
in city of 
l?oston. 



1879. — Chapters 164, 165. 



515 



Wardens and 
clerks to hold 
office until suc- 
cessors are 
chosen. 



Wardens and 
clerks, in wards 
divided into 
new precincts. 



Warden, clerk 
and Inspectors 
to be appointed, 
etc. 



acts of the year eighteen hundred and seventy-eight ; said 
division to have reference to convenience of neighbor- 
hoods, and to remain in force until the new division of 
wards shall take effect as provided in said chapter two 
hundred and forty-three. 

Section 2. The wardens and clerks chosen in the sev- 
eral voting precincts of the city of Boston at the last state 
election shall hold their respective offices until the next 
annual city election, and until their successors are chosen. 
In case any ward shall be divided into new voting pre- 
cincts under the provisions of this act, the wardens and 
clerks chosen within the limits of such wards at the last 
state election shall, until others are chosen, act in the 
voting precinct which shall bear the same numerical desig- 
nation as that for which they were respectively chosen at 
said state election. The mayor and aldermen shall, pre- 
vious to any election during the current year, appoint from 
the legal voters in each additional voting precinct which 
may be established, one warden, one clerk and two inspect- 
ors. The inspectors so appointed shall be selected from 
different political parties, and all such officers shall hold 
office until others are chosen in their place as now provided 
by law. 

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

Approved March 26, 1879. 

An Act to authorize the town of cummington to raise Chap. 164 

MONET for celebrating THE CENTENNIAL ANNIVERSARY OF 
ITS INCORPORATION. 

Be it enacted, &c., as folloius : 

Section 1. The town of Cummington is hereby author- Town may raise 
ized to raise money by taxation to an amount not exceed- ™°"®5' °^'^°^- 
ing five hundred dollars, for the purpose of commemorat- 
ing, on the twenty-third day of June in the year eighteen 
hundred and seventy-nine, the centennial anniversary of 
its incorporation, and for publishing the doings of said 
celebration ; and the vote of said town to that effect 
passed on the third day of March of this year is hereby 
legalized, ratified and made valid. 

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

Approved March 26, 1879. 

An Act to provide for supplying the state prison at Chap. 165 

CONCORD WITH PURE WATER. 

Beit enacted, &c., as follows: 

The governor and council are hereby authorized to con- 



niemorating 

centennial 

anniversary. 



516 



1879. — Chapter 1G6. 



Water supply 
for state prison. 



Chap. 166 



May take land 
for purposes of 
health and 
drainage. 



May maintain 
tide gates and 
other 

structures. 



Chelsea and 
Everett may 
support a sewer 
in common. 



Damages. 



City of Chelsea 
may fill river 
east of dike. 



An intermina- 
ble right not 
granted. 



tract with any person or corporation to supply the state 
prison at Concord with pure water, for such compensation 
and for such term of time as the governor and council 
shall deem to be for the interest of the Commonwealth. 

Approved March 28, 1879. 

An Act relating to sewerage in the city of chelsea. 
Be it enacted, &c., as follows : 

Section 1. The city of Chelsea shall have authority, 
in addition to the powers now possessed by it, for the pur- 
pose of laying and maintaining a main sewer, to drain the 
westerly portion of said city, to take any lands, or any 
portion of Island End River tying east of the dike, so 
called, and within the limits of said city, that may be 
necessary for the purpose of laying out, constructing and 
maintaining a storage basin or reservoir to be used as an 
overflow for storm water from said sewer, and for such 
other purposes of health and drainage as may be found 
necessary. Said city shall have the right to construct and 
maintain such tide gates, pipes, conduits, sewers and other 
structures within the limits of said city, as may be neces- 
sary for the construction, maintenance and utilization of 
such basin, and may use the same as a flushing basin for 
the improvement of the channel of said Island End River. 

Section 2. The city of Chelsea and the town of 
Everett may contract with each other for the construction, 
use and support in common of any sewer, in either said 
city or town, or in both, that may be necessary for the 
drainage of any territory bordering on the boundary line 
between said city and town. 

Section 3. AH damages for lands and buildings taken 
or injured under this act, in case the parties cannot agree, 
shall be ascertained in the same manner prescribed by law 
in the case of land taken for highways, and shall be paid 
by said city. 

Section 4. Said city shall have the right to fill or 
order filled any portion of said river lying east of said 
dike, for the improvement of its drainage or the health of 
its inhabitants ; and said city shall further have the right 
to fill or otherwise improve said basin if it may subse- 
quently become unnecessary as a part of its system of sew- 
erage. 

Skction 5. This act shall not be construed to grant an 
interminable right to discharge sewage into Island End 
River, but the legislature may, from time to time, regulate 
and determine by law the disposition to be made of such 



1879. — Chapters 167, 168. 



517 



Special harbor 
master for Oak 
Blufts. 



sewage, for the purpose of protecting the public health, 
and especially that of the inhabitants of Chelsea and 
Everett, and preventing the existence of a nuisance, any 
thing in this act to the contrary notwithstanding ; nor shall 
this act be construed to deprive the town of Everett of 
any existing right to use said river for drainage purposes. 
Section 6. This act shall take effect upon its passage. 

Approved March 28, 1879. 

An Act to authorize the appointment of a special harbor Chap. 167 

MASTER AT OAK BLUFFS, MARTHA'S VINEYARD. 

Be it enacted, &c. , as follows : 

Section 1. The harbor commissioners may appoint a 
special harbor master for Oak Bluffs, Martha's Vineyard, 
and make such rules and regulations for the discharge of 
his duties as they may deem expedient, subject to the 
general laws of the Commonwealth. 

Section 2. The compensation of the harbor master, compensation, 
provided by section one of this act, shall be such as may 
be determined by the Oak Bluffs Land and Wharf Com- 
pany and the railroad and steamboat companies using 
the wharves at Oak Bluffs, and shall be paid by said com- 
panies in such proportion as they may mutually determine. 

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

Approved March 28, 1879. 

An Act to punish persons retaining property obtained bt C/iop. 168 

CRIME, after conviction THEREOF. 

Be it enacted, &c., as follows : 

Any person who has been or shall be convicted, either 
as principal or accessory, of burglary or robbery, or of 
either of the offences described in sections twenty-two, 
twenty-three, twenty-four or twenty-five of chapter one 
hundred and sixty of the General Statutes, or of the 
offence of breaking and entering any building with intent 
to commit robbery or larceny; or of entering any building 
with intent to commit robbery or larceny ; and after con- 
viction thereof shall have in his possession or control any 
money, goods, bonds or bank notes, or any paper of value, 
or any thing of the property of another, which was ob- 
tained or taken by means of the crime of which said per- 
son has been convicted, and, on being requested by the 
lawful owner thereof to deliver the same to him, shall 
refuse or fail so to do, while having power to deliver the 
same, shall be punished by imprisonment in the state 



Penalty on per- 
son convicted of 
larceny, rob- 
bery, etc., and 
refusing to 
deliver up prop- 
el ty obtained by 
the crime. 



518 



1879. — Chapters 109, 170. 



prison not more tluin five years, or in jail or the house of 
correction not more tlian two years. 

Apj)roved March 2S, 1879. 



Villi. Illy of tux 
tItlcH. 

rrDcccilliiKH 
imdcr IH7K, 'jncv, 
§§ 'I, 7, limy \w 
r('i;ii luted liy 
onliniiiicc. 



Chap. 169 An Act in addition to " an act in relation to the collec- 
tion OF TAXES." 
lie it enacted, &r., as folloios : 

SiocrioN 1. Every city by ordinance, and every town 
by by-law, may provide regulations not inconsistent with 
the laws of the Commonwealth, under which the (collector 
thereof shall exercise the powers given by sections two 
and seven of chapter two hundred and sixty-six of the acts 
of the year eighteen hundred and seventy-eight ; but the 
passage of any sucli ordinance or by-law shall not render 
invalid any proceedings of the collector under said sections 
commenced before the passage of such ordinance or by- 
law. 

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

Approved March 28, 1879. 

ChapAlO An Act in addition to an "act making APruoruiATiONS 

FOR KXriCNSKS AUTIIORIZKI) IN THK YEAR ElOIITEEN UL'NDKED 
AND SKVKN'I'Y-Eionr, AND FOR OTHER rURl'OSES." 

Be it enacted, tOc, an foUoivs : 

Skction 1. The sums hereinafter mentioned are appro- 
])riatc(l, to b(! paid out of the treasury of the Common- 
wealth, from the ordinary revenue, for the purposes speci- 
fied herein, to wit: 

F(U- stationery ordered by the clerk of the house of 
representatives, four hundred forty-nine dollars and iifty- 
live cents. 

V\n- the salary of the private secretary to the gm'crnor, 
the sum of one thousand six liundred sixty -six dollars and 
sixty-six cents. 

For the salaries of the messengers to the governor and 
council, the sum of one thousand four hundred fifty-four 
dollars and s(wenty-six cents. 

For contingent ex{)ensi's of the executive department, 
a sum not exceeding thrct> thousand dollars. 

For expenses relating tt) the indexing of state archives, 
a sum not exceeding one thousand one hundred thirty- 
three dollars and thirty-three cents. 

VoY the support of state beneiiciaries in the INlassaclui- 
setts infant asylum in ])revious years, a sum iu)t exceed- 
ing four thonsaiul dollars ; and lor burials, a sum not 
exceeding six hundred dollars. 



A|(pi(>|>iiiitioriH 



lloimt' Mtiilioi 
oiy. 



I'liVlltC hCC 

liil-y to nov 



MoHHOIlffCrH to 

K<ivi>i'iuir uiul 

(M)lllU'll. 



ICxCCllllVf (Mill- 

tliiKciil rxpcii- 

MCH. 

IikIcxIiik Htikto 
ni'fliivi'H. 



MllHHUcllUMt'tiM 

tiil'itnl aNvliiiii. 



1879. — Chapter 171. 519 

For expenses iTuuivred in connection with a case of set- Sottiemcutofa 
tlemcnt ot a panpor, dunng the prevu)us year, a sum not 
exceeding one hunched twenty-live dohars and eight cents. 

For expenses incurred in connection with the prison for i'riH..n tor 

r-ii 1 -I'll • i WOIUOU. 

women at Sherborn, during the previous year, a sum not 
exceeding two thousand eight hunch'ed twenty-seven dol- 
hirs and twenty cents. 

For the transportation of property to the state prison Tnuisportation 
at Concord, a sum not exceeding four hundred thirty-three suito'i'irisun." 
dolhxrs and fifty cents. 

For expenses incurred in connection with the commit- commiuuonta 

!• • i ii • J.' J • ji to pi-lKon for 

ment or prisoners to the prison lor women, during the wonu-n. 
previous year, a sum not exceeding seventy-five dolhirs. 

For the re-imbursenient of cities and towns for amounts itoimbursi-. 
paid to Massachusetts volunteers and their families, as i;.''!'.'"*"^'"'" 
state aid, a sum not exceeding two thousand dollars. 

For sheriffs' accounts of previous years, a sura not ex- sheritt-s 
ceeding five hundred twelve dollars and sixteen cents. 

For the jjiirchase t)f bo(,)ks and incidental expenses of state library. 
the state library, a sum not exceeding two thousand three 
hundred dollars; and for preparing: a catalogue of said 
library, a sum not exceeding six hundred dollars. 

From the appropriation authorized in section three of Kims at south 
chapter sixty-one of the resolves of the year eighteen hun- 
dred and seventy-seven, there may be used under the im- 
mediate direction of the land commissioners, a sum not 
exceeding three thousand three hundred dollars for the 
purposes of said resolve. 

The unexpended balance of the appropriation made in Normal school 
chapter two hundred and eighty- three of the acts of the 
year eighteen hundred and seventy-eight, for sewerage, 
and drainage at the Salem normal school, may be used for 
such expenses in connection with said scliool as the board 
of education may approve. 

For incidental expenses of the board of education, a Board of cdu- 
sum not exceeding one thousand dollars. 

For expenses of the land couimissioners, a sum not ex- Lami commis- 
ceeding two hundred dollars. 

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

Approved March 20, 1870. 



An Act to amend ciiapteu forty-nine of the general Chap.\1\ 

STATUTES, RELATING TO THE INSl'EOTION AND PACKING OF 
FISH. 

Be it enacted, tfcc, as foUoivs : 

Section 1. Section thirty-six of chapter forty-nine of rickiea a^h. 



520 



1879. — Chapters 172, 173. 



Inspection, 
packini^ and 
branding. 



Fee for in- 
spection. 



Inspector-gen- 
eral may enter 
stores, etc., to 
examine tisti. 



Repeal. 



Chap.m 



Salary 
established. 



Rppoal. 



Chap, lis 



Tart of Taunton 
annexed to 
Berkley. 



the General Statutes is hereby amended l)y striking out 
all after the words " in half barrels containing each one 
hundred pounds " in the ninth and tenth lines and before 
the words " every cask " in the thirteenth line, and insert- 
ing the following words; " or in packages containing each 
less tlian one hundred pounds, on which the number of 
pounds therein shall be plainly and legibly branded." 

Section 2. Section forty-seven of said chapter is here- 
by amended by adding after the words " half barrel " the 
words " and all packages less than one hundred pounds or 
more than fifty pounds, one-half cent, and on all packages 
of fifty pounds and less, one-quarter of a cent each." 

Section 3. The inspector-general of fish or some one 
deputy especially thereto authorized by him for that pur- 
pose, shall have the right to enter at all reasonable times, 
upon any wharf, and into any store, warehouse or other 
place, where the packing of pickled fish is carried on in 
this state, for the purpose of inspecting, examining and 
supervising the packing and inspecting of such fish, and to 
examine and weigh any packages of such fish, for the pur- 
pose of ascertaining if the same are fit for exportation, in 
accordance with the requirements of the law. 

Section" 4. Sections forty and forty-one of said chap- 
ter are hereby repealed. 

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

Approved April 1 , 1879. 

An Act to establish the salary op the inspector of gas 

meters and of illuminating gas. 
Be it enacted., d&c, as follows : 

Section 1. The inspector of gas meters and of illu- 
minating gas shall receive a salary of two thousand dollars 
a year, and at the same rate for any part of a year, which 
shall include his office rent and expenses, to be paid out of 
the treasury on the warrant of the governor. 

Section 2. All acts and part of acts inconsistent here- 
with are hereby repealed. 

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

Approved April i, 1S79. 

An Act to set off a part of the city of taunton to the 

town of berklei. 
Be it enacted, <fcc., as follows : 

Section 1. All that part of the city of Taunton, with 
the inhabitants and estates therein, lying southerly of the 
following line, to wit: — Beginning at the easterly corner 



1879. — Chapter 174. 



521 



of the town of Berkley, thence running south forty-eight 
degrees east to a stake in the line of the town of Lakeville 
for a corner, is hereby set off from the city of Taunton 
and annexed to the town of Berkley. 

Section 2. All taxes already assessed and that may be Taxes assessed 
assessed before this act is accepted by the town of Berk- cUy^orraumon. 
ley, by the city of Taunton upon the inhabitants of said 
territory hereby set off and annexed, shall_ be paid by 
them to said city of Taunton as if this act had not been 



Section 3. The town of Berkley shall annually pay to 
the city of Taunton, from and after the time this act shall 
take effect, the proportionate part of state and county 
taxes thereafter required to be assessed upon the inhabit- 
ants and territory hereby set off, previous to a new state 
valuation or new basis for the apportionment of state and 
county taxes. 

Section 4. The town of Berkley shall be liable for 
the support of all persons who now or shall hereafter stand 
in need of relief as paupers, whose settlement was acquired 
from the territory hereby annexed to said town. 

Section- 5. The town of Berkley shall, within three 
months after this act is accepted by said town, pay to the 
city of Taunton the sum of eight hundred dollars, and 
this sum shall be a full settlement of all claims against the 
town of Berkley growing out of the provisions of this act ; 
and the schoolhouse and lot with the furniture and fix- 
tures therein and all other public property of the city of 
Taunton situate in the territory hereby annexed shall 
hereafter vest in said town of Berkley. , 

Section 6. This act shall take effect upon its passage, 
and* shall be null and void unless accepted within six 
months by a majority vote of the legal voters of said town 
of Berkley present and voting at a legal meeting called 
for that purpose, at which meeting the check list shall be 
used and the voting of such meeting shall be by ballot, 
written or printed " yea " or " nay." 

Approved April 1, 1879. 



Town of Berk- 
ley to pay to 
Taunton cer- 
tain taxes until 
new apportion- 
ment. 



Support of 
paupers. 



Town of Berk- 
ley to pay to 
city of Taunton 
eight hundred 
dollars. 



Act void unless 
accepted within 
six months. 



An Act to annex a portion of the town of dracut to Chap. 174 

THE CITY OF LOWELL. 

Be it enacted, &c., as folloivs: 

Section 1. So much of the town of Dracut in the Partoftownof 
county of Middlesex, with all the inhabitants and estates to the city of 
thereon, thus bounded and described, to wit : — Beginning ^o"^®'^- 
at a stone bound marked " D and L " on the boundary 



522 



1879. — Chapter 174. 



Payment of as- 
sessed taxes. 



Support of a 
pauper. 



Election of 
representatives 
to the general 
court. 



line between said town and said city and about two feet 
westerly from Tot man Street; thence north thirty-eight de- 
grees twenty-five minutes west two hundred and forty-five 
and seventy-eight one-hundredths rods to a stone bound 
which stands in the boundary line between the towns of 
said Dracut and Tyngsborough ; thence north eighty-seven 
degrees twenty-five minutes west one hundred and fifty- 
three and ninety-four one-hundredths rods along the 
boundary line of said Tyngsborough to a stone at an angle 
in said line ; thence south thirty-three degrees vrest one 
hundred and eighty-nine and sixty-six one-hundredths rods 
along the boundary line of said Tyngsborough to a stone 
post in Scarlet Brook, so called ; thence in a south-easterly 
direction down said brook eighty-seven rods along the 
boundary line of said Tyngsborough to a stone bound at 
the boundary line of the city of Lowell ; thence north 
eighty-five degrees forty-five minutes east along said last 
line three hundred and seventy-one and thirty-three one 
hundredths rods to the point of beginning, — is hereby set 
off from the town of Dracut, and annexed to the city of 
Lowell, and shall constitute a part of the fifth ward thereof 
until a new division of wards is made. 

SECTioisr 2. The teriitory and the inhabitants thereon 
hereby annexed to the city of Lowell shall be holden to 
pay all such taxes as are already assessed by said town of 
Dracut in the same manner as if this act had not been 
passed ; and all paupers who have gained a settlement in 
said town by a settlement gained or derived within said 
territory shall be relieved or supported by said city in the 
same manner as if they had a legal settlement in said city: 
jjrovided, that John Ditson shall not become a charge to 
the said city of Lowell but shall be and continue a charge 
upon said town of Dracut. 

Section 3. The inhabitants upon the territory hereby 
annexed to the city of Lowell shall continue to be a part 
of the town of Dracut for the purpose of electing repre- 
sentatives to the general court, until the next apportion- 
ment shall be made ; and it shall be the duty of the mayor 
and aldermen of said city to make a true list of the per- 
sons on the territory hereby annexed, qualified to vote at 
such elections, and post up the same in said territory and 
correct the same as required by law, and deliver the same 
to the selectmen of said town seven days at least before 
any such election, and the same shall be taken and used by 
the selectmen of said town for such election in the same 
manner as if it had been prepared by themselves. 

Appi'oved April i, 1S70. 



1879. — Chapters 175, 176. 5'23 

An Act to authorize the fitchbttrg railroad compakt to Chap.Xl^ 

EXTEND A BRANCH RAILROAD OVER LAND OF THE COMMON- 
WEALTH AT CONCORD. 

Be it enacted, &c., as follows: 

Section 1. Wlienever the Fitchburg Railroad Company May construct 
shall, pursuant to the provisions of the general laws appli- ove? Common- 
cable thereto, locate and construct a branch track or tracks fJ^as^Jtatr** *^ 
from its main tracks in Concord near the crossing of the prison yard. 
Framingham and Lowell Railroad Company, to the lands of 
the Commonwealth adjacent to the state prison, said Fitch- 
burg Railroad Company may, subject to the approval of 
the inspectors of said prison, and upon payment of such 
compensation as may be prescribed by the county commis- 
sioners for the county of Middlesex, locate and extend 
said branch track or tracks over lands of the Common- 
wealth as far as the state prison yard, and connect the 
same with the track of the Commonwealth at the rear gate 
of said yard : provided, that the governor and council may proviso, 
make and enforce any rules with regard to the use of the 
tracks and ma}^ cause said branch track or tracks over the 
Commonwealth's land to be removed at any time, and may 
discontinue the farther use thereof by said Fitchburg 
Railroad Company. 

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

Approved April 1, 1879. 

An Act concerning trusts created by will. Chap. 176 

Be it enacted, &c., as follows: 

Section 1. Whenever all the parties living interested court may an- 
as beneficiaries in any trust created by will proved and of'trusltod to 
allowed in this Commonwealth reside out of the Common- poinfedlnLT 
wealth, the probate court having jurisdiction of the trust other state or 

T-- ni ° .'' . . , p., country. 

may on application oi the parties in interest or ot the 
executor, administrator, or trustee, if it shall deem it just 
and expedient, authorize the executor, administrator, or 
trustee, to pay over the fund to a trustee appointed by the 
proper court in any other state or country provided all the 
cestuis que trust who are living and the executor, admin- 
istrator, or trustee signify their consent, and the court is 
satisfied that the laws of such other state or country 
secure the due performance of said trust, and upon such 
payment, shown to the satisfaction of said probate court, 
the executor, administrator or trustee appointed here may 
be discharged by decree of said court from further respon- 
sibility. 

Section 2. Where there are contingent interests in 



524 



1879. — Chapters 177, 178, 179. 



Interests of 
minors, etc., to 
be represented 
by guardian 
ad litem. 



Repeal. 



said trust fund, whether the persons who may be entitled 
to the same are in being or not, and where any of the 
cestiiis que trust are minors, the court before making order 
or decree in the premises, shall cause such interests and 
minors to be properly represented by guardian ad litem, or 
otherwise, at its discretion. 

Section 3. All acts and parts of acts inconsistent here- 
with are hereby repealed. 

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

Approved April i, 1879. 



Chap. 177 ^^ ^CT CONCERNING 



THE MALICIOUS 
RAILROADS. 



STOPPING OF TRAINS ON 



Penalty for wil- 
fully stopping 
railroad train. 



Be it enacted, &c., as follows: 

Whoever wilfully and maliciously stops or causes to be 
stopj)ed any train on a railroad for the purpose of entering, 
leaving or wantonly delaying the same, shall be punished 
by a fine not exceeding one hundred dollars or imprison- 
ment not exceeding one month. 

Approved Ajml 1, 1879. 

Chap. 178 -^^ ■^^'^ "^O AMEND CHAPTER TWENTY-FOUR OF THE ACTS OF THE 
YEAR EIGHTEEN HUNDRED AND SEVENTY-EIGHT RELATING TO 
CONTAGIOUS AND INFECTIOUS DISEASES AMONG DOMESTIC ANI- 
MALS. 

Be it enacted, &c., as follows: 

Section 1. Chapter twenty-four of the acts of the year 
eighteen hundred and seventy-eight is hereby amended as 
follows, to wit : — By striking out section two and substi- 
tuting therefor the following : — '■'• Section 2. The jieual- 
ties imposed by chapters two hundred and twent}- and two 
hundred and twenty-one of the acts of the year eighteen 
hundred and sixty entitled, respectively, 'An Act con- 
cerning Contagious Diseases among Cattle ' and ' An Act 
in addition to an Act concerning Contagious Diseases 
among Cattle,' are hereby made applicable to the diseases 
in horses, asses and mules, known as farcy and glanders, 
and to contagious or infectious diseases in domestic ani- 
mals." 

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

' Ap2)roved Aj)ril 1, 1879. 



Diseases among 
cattle. 

Amendment to 
1878, 24, § 2. 



Chap. 179 An Act concerning the care of abandoned and abused 

CHILDREN. 

Be it enacted, &c., as follows: 

Section 1. It shall be lawful for the probate court of 



1879. — Chapter 180. 



525 



any county, when it appears that any minor resident 
therein under the age of fourteen years is without a legally 
appointed guardian, and that such minor is entirely 
abandoned, or treated with gross and habitual cruelty, by 
the parent or other person having the care or custody of 
such minor, or that such minor is illegally deprived of 
liberty, to appoint as guardian of such minor " The Massa- 
chusetts Society for the Prevention of Cruelty to Chil- 
dren " for such period as seems fit to the court ; and the 
society shall thereupon become entitled to the custody of 
such minor child to the exclusion of any other person, but 
shall not be entitled to the minor's goods and chattels. 
Said court may at any time, for good cause, revoke their 
decree. 

Section 2. The parents or surviving parent or guardian 
unable to support a child under the age of fourteen years 
may place such child in the charge of said society, which 
shall thereupon have custody of the child as aforesaid, pro- 
vided that the agreement shall be in writing, signed by 
the parents, or surviving parent, or guardian, and fixing 
the terms of said custody. 

Section 3. Upon the complaint of said society that 
any child under the age of five years has been abandoned 
and deserted in any street or public place, or in any vacant 
building, any judge or justice of any court within his 
jurisdiction may give the custody of such child to said 
society for a period not exceeding thirty days ; and the 
society shall thereupon give notice, under the direction of 
said judge or justice, by advertisement in some newspaper 
published in the county where such child is found ; and, 
if said child is claimed by its parent, parents or guardian, 
it may be returned to them by said judge or justice. 

Section 4. Nothing in this act shall be construed to 
oblige said society to receive the custody of any child. 

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

Approved April i, 1879. 



Probate court 
may appoint 
the Massiichu- 
settB Society for 
the prevention 
of cruelty to 
children, 
guardians of 
abused children. 



Children under 
fourteen years 
may be put in 
charge of the 
society by their 
parents. 



Deserted 
children under 
age of five years 
may be put in 
charge of soci- 
ety, tempo- 
rarily. 



Society not 
obliged to 
receive any 
child. 



An Act relating to executors and administrators residing Chap. 180 

OUT OF THE STATE AND TO SERVICE OF PROCESS UPON THEM. 

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

Section 1. Executors and administrators appointed in 
this state but residing out of the state shall, before enter- 
ing upon the duties of their trusts, appoint in writing an 
agent or attorney residing in the state, and said writing or 
power of attorney shall stipulate and agree on the part of 
such executors or administrators, that any legal process 



Executors, etc., 
residing out of 
state to appoint 
an agent upon 
whom process 
may be served. 



526 1879. — Chapter 181. 

against them as such executors or administrators, which 
shall be served on said agent or attorney, shall be of the 
same legal force and validity as if served on such execu- 
tors or administrators within the state ; which said power 
of attorney shall give the proper address of said agent or 
attorney and shall be filed in the probate office, and the 
required notice of appointment of such executor or ad- 
ministrator shall state the name and address of his agent 
or attorney. 
Executors, etc., SECTION 2. Executors and administrators removing 
st^e toTppoint from the state, or residing out of the state, having been 
agent. appointed herein, shall appoint in writing a like agent or 

attorney with like stipulation, and cause said appointment 
to be filed in the office of the probate court having juisdic- 
tion. 
In case of death SECTION 3. In casc of the death or removal from the 
age'^rto^beap.^ statc of nnj agent or attorney appointed under the pro- 
pointed, visions of this act, before the final settlement of the estate, 
another like appointment shall be made and filed as above 
provided. 
Agency not to SECTION 4. No agcucy as abovc provided shall be re- 
settlement o"^^ voked until final settlement of the estate, unless other 
estate. jji^g agcut Or attomey be appointed and such appointment 

filed as above provided. 
Executor may SECTION 5. Ncglect Or rcfusal to comply with any re- 
non-c™mplfan"ce. quircmeut of tliis act on the part of such executors or 
administrators may be deemed good cause for their re- 
moval. 
Service upon SECTION 6. Scrvicc of all legal process upon agents 

ligAh^^ or attorneys appointed under the provisions of this act 

shall be of the same legal force and validity as if made 
upon their principals when in the state. 

Approved April i, 1879. 

• 

Chap. 181 -^N Act regulating punishments in the penal and ciiari- 

TAULE institutions OF THE STATE. 

Be it enacted^ <fcc., as follows : 
The "gag" not Punishmeut by the use of the "gag" shall not be 
punishment. allowcd in any of the penal or charitable institutions of 
the state ; and any officer of any such institution using 
such a method of punishment shall on conviction thereof 
be punished by a fine not exceeding fifty dollars. 

Approved April 1, 1879. 



1879. — Chapters 182, 183, 184, 185. 



527 



An Act relating to the fees of jurors. Chap.\S2 

Be it enacted, &c. , as folloios : 

The fees for attendino: as o-rand iuror or traverse juror Jurors' fee for 

o o .!_ _ in attendance and 

m aii}^ court, and the lees tor attending as a juror beiore a travel, 
sheriff, shall be three dollars a day for attendance, and 
eight cents a mile for travel out and home. The fees of 
jurors in all other cases shall remain as now fixed by law. 

Approved April i, 1879. 

An Act concerning the jurisdiction of the supreme judi- Chap. 183 

CIAL court and probate COURTS AS TO WILLS. 

Beit enacted, &c., as follows : 

Section 1. The supreme judicial court and the pro- May hear and 

1, i.'i.i 1 X- j.-i-l determine all 

bate courts in the several counties may, on petition, hear matters and 
and determine all matters and questions arising under cerni"g"wiii8!" 
wills : provided, however, that any party aggrieved by the Proviso, 
decision of the probate court thereon, may appeal there- 
from to the supreme judicial court as now provided by 
law. 

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

Approved April 2, 1879. 

An Act to amend chapter one hundred and nine of the Chap. 184 
general statutes, relating to guardians and wards. 

Be it enacted, &c., as follows: 

Section fifteen of chapter one hundred and nine of the Amendment to 

General Statutes is hereby amended by adding after the ' ■■^*^^'^ 

word " sixteen " the words " and all acts in addition 

thereto, or in amendment thereof." 

Approved April 2, 1879. 



An Act relating to proof of foreign wills. 
Be it enacted, &c., as folloios : 

Section 1. A will made out of this state which is 
valid according to the laws of the state or country in wliich 
it was made without probate thereof, may be proved and 
allowed in this state in the same manner and with the 
same effect as is provided in relation to wills proved 
and allowed under sections twenty-one, twenty-two and 
twenty-three of chapter ninety-two of the General Stat- 
utes : provided, that instead of the cop}^ of the prol)ate of 
the will required by said section twenty-one, a copy of such 
will duly authenticated by the proper officer having cus- 
tody thereof according to the laws of such other state or 
country, or a copy of the official record thereof in such 
state or country and of the execution thereof, shall be pro- 



Chap. 185 



Proof of wills 
made in another 
state or country. 



528 



1879. — Chapters 186, 187. 



Repeal of 1878, 
201. 



Chap.lSe 



In probate pro- 
ceedings, intur- 
rogatories may 
be filed to be 
answered on 
oath. 



Upon neglect to 
answer,. petition 
may be dis- 
missed or other 
order made. 



duced, and such additional proof of the authenticity and 
execution of said will as the judge of the probate court 
may require. 

Section 2. Chapter two hundred and one of the acts 
of the year eighteen hundred and seventy-eight is hereby 
repealed. 

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

Approved April 2, 1879. 

An Act relating to proceedings in probate courts. 
Be it enacted, &c., as follows: 

Section 1. In proceedings in probate courts the peti- 
tioner and the respondent ma}', at any time after the filing 
of the petition, file in the register's oflBce interrogatories 
for the discovery of facts and documents material to the 
support or defence of the proceeding, to be answered on 
oath by the adverse party, in the same manner, and sub- 
ject to the same restrictions and regulations, as are now 
provided by chapter one hundred and twenty-nine of the 
General Statutes, with reference to interrogatories in civil 
actions. 

Section 2. If a party neglects or refuses to expunge, 
amend, or answer according to the requisitions of chapter 
one hundred and twenty-nine of the General Statutes, the 
petition shall be dismissed or its prayer granted, or such 
other order or decree may be entered as the case may re- 
quire. Approved April 2, 1879. 



ChapASI 



Pigeon shoot- 
ing, etc., for 
amuhicment, 
prohibited. 



Penalty. 



An Act to suppress pigeon shooting and similar sports. 
Be it enacted, &c., as follows: 

Any person who shall keep or use any live pigeon, fowl, 
or other bird for the purpose of a target, or to be shot at 
either for amusement or as a test of skill in marksmanship; 
and any person who shall shoot at any bird as aforesaid or 
be a party to any such shooting of any fowl or bird ; and 
any person who shall rent any building, shed, room, yard, 
field or premises, or shall knowingly suffer or permit the 
use of any building, shed, room, yard, field or premises for 
the purpose of shooting any fowl or bird as aforesaid, shall 
be punislied by fine not exceeding fifty dollars or by im- 
prisonment in jail not exceeding thirty days or by both 
such fine and imprisonment. Nothing herein contained 
shall apply to the shooting of any wild game in its wild 
state. Approved April 2, 1879. 



1879. — Chapters 188, 189. 



529 



Vermont and 
Massachusetts 
and Connecticut 
River Railroads 
in Deerfield ; 
eillier road may 
pass under the 
other at cross- 
ing. 



An Act to amend chapter seventy-eight of the acts op Chap. 188 

THE YEAR EIGHTEEN HUNDRED AND SEVENTY-NINE RELATING 
TO THE SALARIES OP THE ASSISTANT CLERKS OP THE SENATE 
AND HOUSE OP REPRESENTATIVES. 

Be it enacted^ d&c, as follows: 

Section 1. Section three of chapter sevent3'--eight of salaries of 
the acts of the year eighteen hundred and seventy-nine is of the senate 
hereby amended by striking out the words " per annum " '*"'! ''""««• 
at the end of said section, and inserting in place thereof 
the words " for the session." 

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

Approved April 2, 1879. 

An Act in relation to the grade crossing op the ver- Chap. 189 

MONT AND MASSACHUSETTS, AND CONNECTICUT RIVER RAIL- 
ROADS IN DEERFIELD. 

Be it enacted, cfec, as follows: 

Section 1. The Fitchburg Railroad Company and the 
Connecticut River Railroad Company may provide, by 
agreement, for altering, and may alter according to their 
agreement, the construction of the Vermont and Massa- 
chusetts Railroad and of the Connecticut River Railroad 
in such way that the one railroad may pass under the 
other at their grade crossing near Cheapside Bridge in 
Deerfield, and the Fitchburg Railroad Company may re- 
locate such part of the Vermont and Massachusetts Rail- 
road, and the Connecticut River Railroad Company such 
part of its railroad as may be necessary therefor, and 
either of such railroad companies may take such land in 
Deerfield as may be necessary for the purpose aforesaid, 
and may retain its present land for side tracks : provided., 
that the method of obviating said grade crossing agreed 
upon by said companies and the alterations proposed and 
the quantity and width of the land to be taken therefor 
shall be approved by the railroad commissioners. 

Section 2. All persons sustaining damages by reason 
of the alterations hereby authorized shall have the same 
rights and remedies as are provided by general law for per- 
sons sustaining damage by the laying out and making of a 
railroad. 

Section 3. If it shall be necessary for the purposes of 
this act to take any land at or near the former junction 
of the Troy and Greenfield and Vermont and Massachu- 
setts Railroads in said Deerfield, in which the Common- 
wealth may have an inteiest, the consent of the Com- 
monwealth to such taking of land as may be necessary for 



Land of Com- 
monwealth may 
be taken with 
consent of the 
governor and 
council. 



530 



1879. — Chapter 190. 



Board of 
assessors to con- 
sist of three 
persons. 



Assessors now 
in office to con- 
tinue until terms 
expire. 



the purposes of this act, so far as the interest of the Com- 
monwealth therein is concerned, may be given by the gov- 
ernor and council, on payment, of such sum of money as 
they may deem proper, into the treasury. 

Approved April 2, 1879. 

Chap. 190 -^N Act relating to the election of assessors and assist- 
ant ASSESSORS IN THE CITY OF CAMBRIDGE. 

Be it enacted, &c., as foUoios: 

Sectiox 1. The board of assessors of the city of Cam- 
bridge shall consist of three persons, who shall exercise 
the powers, and be subject to the duties and liabilities 
of assessors of towns. 

Section 2. The assessors now in office shall continue 
therein until the expiration of the terms for which they 
were respectively elected, namely : the assessor elected in 
December in the year eighteen hundred and seventy-six 
until the first Monday of January in the year eighteen 
hundred and eighty, the assessor elected in Decembei- in 
the year eighteen hundred and seventy-seven until the 
first Monday of January in the year eighteen hundred 
and eighty-one, and the assessor elected in December in 
the year eighteen hundred and seventy-eight until the 
first Monday of January in the year eighteen hundred 
and eighty-two, — and until their successors, respectively, 
shall be chosen and duly qualified as herein provided. 

Section 3. The city council in the month of De- 
cember next, and annually thereafter in the month of 
December, shall in joint convention elect by ballot onfe 
person to be assessor for the term of three years from the 
first Monday of the following Januar}^ and until his suc- 
cessor shall be chosen and qualified. 

Section 4. The city council shall in the month of 
December, annually, elect in like manner such number of 
assistant assessors as now are or hereafter maybe provided 
for b}' the ordinances of the city. Such assistant assessors 
shall hold office for the teim of one year, from the first 
Monday of January following their election. 

Section 5. Vacancies in the board of assessors, from 
any cause, sliall, whenever occurring, be filled by the city 
council in the manner above provided for the election of 
assessoi's ; and the person elected to fill a vacancy shall 
hold office until the expiration of the term in which the 
vacancy exists, and until his successor shall be chosen and 
(lualified. Vacancies in the office of assistant assessor 
mi'y at any time be filled in like manner. 



One asRessor for 
term of three 
years, to be 
elected annu- 
ally. 



Assistant 
assessors. 



Vacancies in 
office of asKcssor 
or assistant. 



1879. — Chapter 191. 



581 



Section 6. All acts and parts of acts inconsistent 
herewith are hereby repealed. 

Section 7. This act shall be submitted to the legal subject to 
voters of the city of Cambridge at the annual election on thcAegaTvoters. 
the Tuesday next after the first Monday of November 
next, and if a majority of such voters present and voting 
thereon, by ballot, shall determine to adopt the same, it 
shall then take effect, but not otherwise. 

Ap2)roved April 2, 1879. 

-An Act to authorize the appointment of a harbor master C/iop. 191 

FOR THE port OF LYNN. 

Be it enacted, &c. , as foUoivs : 

Section 1. The mayor and aldermen of the city of Harbormaster 
Lynn may, if they deem it expedient, annually appoint Lynn.^^"' " 
from the police force a harbor master for the port of Lynn, 
who before entering upon the duties of his office shall be 
sworn. He shall hold his office for one year and until 
another shall be appointed in his place, or until he shall 
be removed by said mayor and aldermen ; and in case of 
the sickness or disability of said harbor master, he may 
appoint a deputy from the said police force subject to the 
approval of said mayor and aldermen, to pei'form his 
duties during such sickness or disability ; and said harbor 
master shall not be allowed or paid out of the city treas- 
ury any salary for his services as harbor master. * 

Section 2. It shall be the duty of said harbor master Powers and 
to enforce all laws of the Commonwealth relating in any 
way to said harbor. And said harbor master shall also 
have authority so to regulate the anchorage of vessels, 
that any and all vessels may pass to and from the wharves 
unobstructed, and in case any vessel or vessels shall in the 
judgment of said haibor master obstruct said passage, he 
may order the removal of any such vessel or vessels, and 
cause the same to be removed in obedience to such order 
at the expense of the master or owners thereof, and if any 
person shall obstruct said harbor master in the perform- 
ance of his duties or refuse to obey any lawful order made 
by said harbor master, he shall be liable to a penalty of structingharbor 
not exceeding twenty dollars for each offence, to be re- peTfoTman^e*'of 
covered by indictment, for the use of the city of Lynn. his duties. 

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

Approved April 2, 1879. 



532 



1879. 



Chapters 192, 193, 194. 



Action at 
annual meeting 
legalized. 



Chap. 192 An Act to legalize the action of the town meeting of 

BARNSTABLE HELD THE THIRD DAY OF MARCH IN THE YEAR 
EIGHTEEN HUNDRED AND SEVENTY-NINE. 

Be it enacted^ tfcc, as follows: 

Section 1. The action of the town of Barnstable at 
its last annual meeting, held on the third day of March in 
the year eighteen hundred and seventy-nine, and all its 
votes at said meeting are hereby ratified, legalized and 
made valid. 

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

Approved April 2, 1879. 

Chap. 193 An Act concerning the officers in attendance tpon the 

SUPERIOR COURT FOR THE COUNTY OF SUFFOLK. 

Be it enacted, &c., as foUoios : 

Section 1. The officers in attendance upon the sessions 
of the superior court for criminal business in the county 
of Suffolk, shall summon witnesses, and have authority to 
summon them, from any part of the Commonwealth, on 
behalf of the Commonwealth, receiving no further com- 
pensation than is provided by chapter one hundred and 
sixty-nine of the acts of the year eighteen hundred and 
seventy-seven, except that they shall be allowed for ex- 
penses actually incurred and paid. 

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

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

Approved April 2, 1879. 

Chap. 194: An Act to confirm and make valid the election and 

ORGANIZATION OF " THE TRUSTEES OF THE EGLESTON SQUARE 
METHODIST EPISCOPAL CHURCH " IN BOSTON. 

Be it enacted, &c., as follows : 

Section 1. The election and organization of '' The 
Trustees of the Egleston Square Methodist Episcopal 
Church " in Boston, to wit : Sidney L. Burr, Samuel N. 
Ryder, Abner L. Baker, Russell R. Knapp, Albert B. Put- 
ney, William G. Lavers, Vincent Ballard, John H. Alton 
and Joseph B. Hamblen, senior, as a corporation, which 
was effected on the fourth day of February in the year 
eighteen hundred and seventy-eight under the general 
laws, and all gifts, devises, bequests and conveyances to 
them, or it, as a corporation, of real or personal estate, and 
all conveyances of real or personal estate, and all contracts 
made by, and subse(]uent proceedings of, said trustees, as 
a corporation, are hereby ratified and confirmed and the 



Officers may 
summon wit- 
nesses from any 
part of the 
state, on bebalf 
of the state. 



Expenses to be 
paid. 



Repeal. 



Election and 
organization 
confirmed. 



1879. — Chapter 195. 



533 



same shall be taken to be good and valid in law to all 
intents and purposes whatsoever, and the several persons 
now appearing by the records of said corporation to have 
been chosen as officers thereof are hereby authorized to 
perform all their respective official duties until their suc- 
cessors shall be chosen and qualified; and all acts done Election of 
and performed by said officers in their supposed official °^idJ*°""^^ 
capacities as officers of said corporation or by committees 
are hereby fully ratified, confirmed, and made valid in law 
to all intents and purposes whatsoever. 

Section 2. The corporate name of said corporation Corporate 
shall be " The Trustees of the Egleston Square Methodist 
Episcopal Church in Boston." 

Approved April 2, 1879. 



An Act concerning the commitment of lunatics to hospi- Chap. 195 

TALS. 



Be it enacted, &c., as follows : 

Section 1. Each justice of the supreme judicial court 
and of the superior court in any county where he may at 
any time be, and each justice of any municipal, police or 
district court within the county where established, shall 
have the same power, with all the incidents thereof, to 
commit insane persons to lunatic hospitals that judges of 
probate courts have within their counties. 

Section 2. No person shall be committed to any 
lunatic hospital, or asylum or other receptacle for the 
insane, public or private, without an order for such com- 
mitment signed by a justice of the supreme judicial court 
or superior court then being in the county where such 
person then is or resides, or by a judge of the court of 
probate for said county, or by a justice of a municipal, police 
or district court in the county where established, and said 
person being or residing within such jurisdiction. Such 
order shall state, that the justice or judge finds, that the 
person committed is insane and is a fit person for treat- 
ment in an insane asylum. And said justice or judge shall 
see and examine the person alleged to be insane, or state 
in his final order the reason why it was not deemed neces- 
sary or advisable to do so. The hearing, except when a 
jury is summoned, shall be at such place as the judge or 
justice shall appoint. 

Section 3. No person shall be committed as above, 
unless, in addition to the oral testimony there shall have 
been filed with the judge or justice a certificate signed by 
two physicians, each of whom shall be a graduate of some 



Justices of the 
supreraejudicial 
and superior 
courts may com- 
mit insane per- 
sons to lunatic 
asylums. 



No person to be 
committed with- 
out an order of 
court. 



Order to state 
that person 
committed is 
insane. 



Certificate of 
insanity signed 
by two regular 
physicians to be 
filed with judge. 



534 



1879. — Chapter 196. 



legally organized medical college, shall have practised 
three years in the state, and neither of whom shall l)e 
connected with any hospital or other establishment fur 
treatment of the insane. Each must have personally ex- 
amined the person alleged to be insane within five days of 
signing the certificate ; and each shall certify, that, in his 
opinion said person is insane and a proper subject for 
treatment in an insane hospital. And he shall specify tlie 
facts, on which his opinions are founded. A copy of the 
certificate, attested by the judge or justice committing, 
sliall be delivered by the officer or other person making 
commitment to the superintendent of the hospital or other 
place of commitment, and shall be filed and kept with the 
order. 
Counsel for in- SECTION 4. Any counscllor at law, regularly retained 
vtrit cikin? ™''^ ^s counsel by or on behalf of any person committed to any 
lunatic hospital or asylum, or other receptacle for the in- 
sane, shall be admitted to visit such client at all reason- 
able times, if in the opinion of the superintending ofBcer 
of such hospital, asylum or receptacle, such visit would 
not be injurious to such person, or if any judge of the 
supreme judicial, superior or probate court in any county 
shall first in writing order that such visits be allowed. 

Approved April 2, 1879. 

Chap. 1 96 An Act to supply the village op foxborough with pure 



Foxborough 
Water Supply 
District, made 
a body corpo- 
rate. 



May take water 
from Governor's 
Brook. 



Be it enacted.^ &c., afi follows: 

Section 1. The inhabitants of the village of Fox- 
borough in the county of Norfolk, liable to taxation in the 
town of Foxborough, and residing within a radius of half 
a mile from the centre of the public common in said vil- 
lage, shall constitute a water district, and are made a bod}' 
corporate by the name of The Foxborough Water Supply 
District, for the purpose of supplying tliemselves with 
pure Avater for extinguishing fires, and for manufacturing, 
domestic and other uses, with power to take and hold 
property for the purposes mentioned in this act, and to 
prosecute and defend in all actions rehiting to the property 
and affairs of the district. 

Section 2. Said district for the purpose aforesaid is 
authorized to convey water within its limits, to establish 
public fountains and hydrants and regulate or discontinue 
tlieir use, and to fix and collect rents for the use of such 
water; and it may take and hold the water, witli the 
water rights connected therewith, of Governor's Brook, or 



1879. —Chapter 196. 



535 



of any springs, natural ponds, brooks or other water 
sources within the limits of the town of Foxborough, 
together with all necessary lands for raising, holding, 
making available and preserving such water and carrying 
the same to any and all parts of said district, and may 
erect thereon necessary dams, buildings, fixtures and other 
structures, and make excavations and procure and operate 
machinery therefor, with such other means and appliances 
as may be necessary for complete and efficient 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 unnecessarily 
to 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, ma}^ 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 district shall file in the registry of deeds for 
the county of Norfolk, an accurate description thereof, 
with a statement of the purpose for which the same is 
taken signed by the commissioners hereinafter named. 

Section 3. The said district shall be liable to pay all 
damages sustained by any persons or corporations 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. Any 
persons or corporations injured in their property under 
this act, and failing to agree with said district as to the 
amount of damages, may have them assessed and deter- 
mined in the same manner as is provided where land is 
taken for highways, by making a written application 
therefor within one year after the taking of such land, 
water sources or water rights, or other injury done as 
aforesaid under this act, but not thereafter. No assess- 
ment for damages shall be made for the taking of any 
water rights, or for any injury thereto, until the water is 
actually withdrawn or diverted by said district under the 
authority of this act. 

Section 4. For the purposes of paying all necessary 
expenses and liabilities incurred under the provisions of 
this act, said district may issue bonds, notes, or scrip, from 
time to time, signed by the clerk and countersigned by the 



May erect dams, 
and lay down 
pipes. 



To file in regis- 
try of deeds a 
description of 
the land, etc., 
taken. 



Liability for 
damages. 



" Foxborough 
Water Loan " 
not exceeding 
$60,000. 



536 



1879. — Chapter 196. 



Interest on 
loan. 



Sinking fund. 



BufBcicnt to 
pay current 
expenses and 
interest, to be 
raised by tax- 
ation. 



May raise 
money for en- 
largini; woriis. 



ABscssore of 
town to assess 
the taxes. 



water commissioners, to be denominated on the face there- 
of " Foxborough Water Loan," to an amount not exceed- 
ing fifty thousand dollars, payable at periods not exceeding 
thirty years from the date of issue, with interest, payable 
annually, at a rate not exceeding six per centum per 
annum. And said district may sell said securities at pub- 
lic 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 said district shall pay the 
interest on said loan as it accrues, and shall provide for 
the payment of the principal at maturity by establishing 
at the time of contracting said debt a sinking fund, or, 
from year to year by regular and uniform instalments. In 
case said district shall decide to establish a sinking fund, 
it shall contribute thereto annually, a sum sufficient with 
its accumulations to pay the principal of said loan 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. If said district shall decide to pay the 
principal of said loan by instalments it sliall issue coupon 
bonds bearing, in addition to the regular rate of interest 
as provided above, interest at a rate not exceeding three 
per centum on the principal, which additional interest 
shall be applied annually and directly to the payment of 
said loan. 

Section 5. Said district shall raise by taxation annu- 
ally, a sum which, with the income derived from the sale 
of water shall be sufficient to pay the current annual ex- 
penses of operating its water works and the interest accru- 
ing on the bonds issued by said district, together with 
such payments on the principal as may be requiied under 
the provisions of this act. 

Section 6. Said district is further authorized to raise by 
taxation any sura of money for the puipose of enlarging 
or extending its water works and providing necessary 
additional appliances and fixtures connected therewith, 
not exceeding two thousand dollars in any one year, in the 
same way as money is laised for ordinary' town expenses. 

Section 7. Whenever a tax is duly voted by said dis- 
trict, the clerk shall render a certified copy of the record 
to the assessors of the town of Foxborough, who sliall 
proceed within thirty da3's to assess the same in the same 
manner in all respects as town taxes are by law required 
to be assessed. The assessment shall be committed to the 
town collector, who shall collect said tax in the same man- 
ner as is i^rovided for the collection of school district taxes, 



1879. — Chapter 196. 



537 



and shall deposit the proceeds thereof with the town 
treasurer. Said district may collect interest on taxes 
when overdue, at a rate not exceeding one per centum per 
month, in the same manner as interest is authorized to be 
collected on town taxes : provided, said district at the time 
of voting to raise a tax shall so determine and shall also 
fix a time for the payment thereof. 

Section 8. The first meeting of said district shall be 
called on petition of seven or more legal voters therein, by 
a warrant from the selectmen of the town directed to one 
of the petitioners requiring him to give notice of the 
meeting by posting copies of said warrant in three or more 
public places in said district, seven days at least before the 
time of said meeting, and by publishing such notice there- 
of as the warrant may require in the Foxborough Times, 
published in said town. One of the selectmen shall pre- 
side at the meeting until a clerk is chosen and sworn. 
After the choice of a moderator for said meeting, the 
question of the acceptance of this act shall be submitted 
to the voters, and if it shall be accepted by a majority of 
the voters present and voting thereon, it shall go into 
operation and the meeting may then proceed to act on the 
other articles contained in the warrant. 

Section 9. The district shall choose by ballot, a board 
of three water commissioners, one to serve till the next 
annual meeting of the district, 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 the said 
board, as the term expires, shall be elected at the annual 
meeting to serve for three years. Said commissioners shall 
have in charge the construction and maintenance of the 
works herein provided, and may exercise all rights, powers 
and privileges for these purposes herein granted, subject 
to the instructions of the district, and shall be the trustees 
of an}^ fund or funds established or accumulated by said 
district under this act. A majority of said commissioners 
shall constitute a quorum for the transaction of business 
relative both to the water works and to their trusteeship 
of any funds belonging to the district. No money shall 
be drawn from the treasury of the town except by a 
written order of the commissioners or a majority of them. 
Said commissioners shall annually make a full report to 
the district in writing, of their doings and expenditures. 
Vacancies in the board may be filled at a regular meeting 
of the voters of said district called for the purpose. 

Section 10. Whoever wilfully corrupts, pollutes or 



Interest on taxes 
overdue. 



First meeting of 
district. 



One of the 
selectmen to 
preside until 
a clerk is 
chosen. 



Three water 
commissioners 
to be elected. 



To have charge 
of construction 
and mainte- 
nance of -works. 



To make report 
annually. 



538 



1879. — Chapter 197. 



Manner of call- 
ing meetings. 



Penalty for di- (llvei'ts aiij of the watcT taken under this act, or injures 
orrumiJring'tbe any clam, reservoir, conduit, pipe or other property owned 
same impure. ^j. ^,gg(j ]^y g,^|(j distiict, shall forfeit and pay to said dis- 
trict three times the amount of damages assessed therefor, 
to be recovered in an action of tort, and upon conviction 
of eitlier of the above acts shall be punislied by a fine not 
exceeding one hundred dollars, or by imprisonment in jail 
not exceeding one year, or by both fine and imprisonment. 
Section 11. The said district may adopt by-laws pre- 
scribing by whom and how meetings may be called and 
notified ; but meetings may also be called on application 
of seven or more legal voters in said district by warrant 
from the selectmen on such notice as may be prescribed 
therein. The district may also provide rules and regula- 
tions on other subjects not inconsistent with this act or 
the laws of the Commonwealth, and may choose such 
other officers not provided for in this act as it may deem 
proper and necessary. 

Section 12. This act shall take effect upon its passage. 

Approved April 4, 1879. 



Choice of 
officers. 



Chap. 197 



Salary of adju- 
tant-general. 



First and second 
clerks. 



Extra clerks 
and messenger. 



Additional 
clerks and 

assistants. 



Repeal. 



An Act to establish the salaries of the adjutant-gen- 
eral AND THE SEVERAL EMPLOYES IN THE MILITARY DEPART- 
MENT. 

Be it enacted^ tfcc, as follows : 

Section 1. The salary of the adjutant-general shall 
be twenty five hundred dollars a year, and at the same 
rate for any part of a year. 

Section 2. The salary of the first clerk in the adju- 
tant-general's bureau shall be eighteen hundred dollars 
a year, and of the second clerk sixteen hundred dollars a 
year, and at the same rates for any part of a year. 

Section 3. The adjutant-general may employ two ex- 
tra clerks at a salary of twelve hundred dollars each a 
year, and a messenger at a salary of eight hundred dollars 
a year, and at the same rates for any part of a year. 

Section 4. The adjutant-general may employ such 
additiomd clerks and other assistants as may be necessary 
to conduct the business of his bureau and may also employ 
such persons as may be necessary in the (piaiteimaster's 
and ordnance bureau at an expense in all not exceeding 
five thousand five hundred dollars a jqav. 

Section 5. All acts and parts of acts inconsistent 
herewith are hereby repealed, except chapter one hundred 
and seventeen of the acts of the present year, which shall 
not be afiected hereby. 



1879. — Chapters 198, 199, 200. 



539 



Section 6. This act shall take effect upon its pas- 
sage. Approved April 4, 1879. 

An Act in relation to the compensation of street com- Chap. 198 

MISSIONERS OF THE CITY OF BOSTON. 

Be it enacted^ t&c, as follows: 

Section 1. Section four of chapter three hundred and Compensation 
thirty-seven of the acts of the year eighteen hundred missioners of 
and seventy is hereby amended by striking out the words ^"^t^n. 
" three thousand " therein, and inserting instead thereof 
the words " two thousand." 

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

Approved April 9, 1879. 

An Act relating to conveyances of land on the back Chap. 199 

BAY. 

Be it enacted, &c., as foUoivs : 

Section 1. The land commissioners are hereby author- 
ized to sell and convey single lots of land belonging to the 
Commonwealth on the Back Bay, not exceeding one hun- 
dred feet frontage of any one lot, on the same conditions 
and by the same form of deed, with conveyances hereto- 
fore made, and at such prices as the governor and council 
may app prove. 

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

Approved April 9, 1879. 



Commissioners 
may soil single 
lots of land on 
Bacli Bay. 



Name and pur- 
pose. 



An Act to incorporate the subterranean cable company Chap. 200 

OF BOSTON. 

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

Section 1. James W. Brown, Charles A. Stearns, corporators. 
James H. Freeman and Ethan R. Cheney, their associates 
and successors, are hereby incorporated as the Subterra- 
nean Cable Company of Boston, for the purpose of con- 
structing, maintaining, operating and leasing lines of tel- 
egraph, over or under the streets, lanes, foot-paths, alleys 
and other ways in the cities of Boston and Cambridge for 
the private use of individuals, firms and corporations, 
municipal and general business, and for police, fire-alarm, 
and messenger business, and for the transaction of any 
business in which electricity over or through wires may be 
used; with all the powers and privileges, and subject to powers and 
all the duties, restrictions and liabilities, except as herein duties, 
otherwise provided, set forth in all general laws which now 
are or hereafter may be in force relative jto such corpora- 



540 



1879. — Chapter 201. 



Capital stock. 



Election of 
officers. 



Consent of 
board of alder- 
men to be ob- 
tained. 



tions : provided, that no such line of telegraph shall be 
constructed or maintained over or under any private street 
or way without permission obtained from the owner or 
owners of said private street or way. 

Section 2. The ca])ital stock of such corporation shall 
be one hundred and fifty thousand dollars, all of which 
shall be paid in in cash before said corporation shall com- 
mence business. 

Section 3. The stockholders of the said corporation, 
by a stock vote, shall annually in the month of April, at 
a meeting duly called for that purpose, elect a board of 
five directors of said corporation who shall hold their 
offices for one year from the date of their election. Said 
directors shall annually in the month of April elect a 
president, clerk and treasurer, in whom shall be vested the 
powers, and who shall perform the duties usually exercised 
by such officers. Any vacancy in the board of directors, 
or in the office of president, clerk or treasurer may at any 
time be filled until the next annual election in the same 
manner as herein provided for the election of said direct- 
ors and other officers respectively. 

Sectioj^t 4. Before commencing the construction of 
any line of telegraph under the authority given by this 
act said corporation shall obtain permission from the boaid 
of aldermen of the city within which it proposes to con- 
struct such line, and said board of aldermen shall desig- 
nate the streets, lanes, foot-paths, alleys or other ways, 
over or under which such lines may be constructed, and 
may impose and from time to time modify the terms and 
conditions upon which such line of wires may be con- 
structed and maintained. 

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

Approved April 9, 1879. 



C%9.201 



BalaricH. 
First district 
court of Bristol. 



Third district 
court. 



An Act to establish the salaries of the justices and 
clerks of the district courts in the county of bristol. 

Be it enacted, &., as follows: 

Section 1. The standing justice of the first district 
court of Bristol shall receive a salary of fourteen hundred 
dollars a year, and at the same rate for any part of a year ; 
the clerk of said court shall receive a salary of eight hun- 
dred dollars a 3'ear, and at the same rate for any part of a 

Section 2. The standing justice of the third district 
court of Bristol shall receive a salary of fourteen hundred 
dollars a year, and at the same rate for any part of a year; 



1879. — Chapter 202. 



541 



the clerk of said court shall receive a salary of eight hun- 
dred dollars a year, and at the same rate for any part of a 
year. 

Section 3. The standing justice of the second district second district 
court of Bristol shall receive a salary of twentyr^five hun- '^'^"' ' 
dred dollars a year, and at the same rate for any part of 
a year ; the clerk of said court shall receive a salary of 
eighteen hundred dollars a year, and at the same rate for 
any part of a year. 

Section 4. All acts and parts of acts inconsistent Repeal. 
herewith are hereby repealed. 

Section 5. This act shall take effect on the first day To take effect 
of April in the year eighteen hundred and seventy-nine. 

Approved April 9, 1S79. 



April 1, 1879. 



Corporations 
may be formed 
for furnishing 
steam or hot 
water. 



An Act to authorize the supplying steam and hot water Chap. 202 

BY GAS COMPANIES AND OTHER CORPORATIONS. 

Be it enacted., <fcc., as follows : 

Section 1. For the purpose of making and selling gas 
for light, or for the purpose of generating and furnishing 
steam or hot water for heating, cooking, and mechanical 
power, in any city or town, or for either or both of said 
purposes, ten or more persons may associate themselves 
with a capital of not less than five thousand nor more than 
five hundred thousand dollars under the provisions of 
chapter two hundred and twentj'-four of the acts of the 
year eighteen hundred and seventy ; and the provisions of 
section fifty-six of said chapter are hereby extended to 
apply to all such corporations. 

Section 2. Any gas company organized or chartered 
before the passage of this act may engage in the business 
of generating and furnishing steam or hot water as afore- 
said, by a vote of four-fifths of the stockholders represent- 
ing not less than two-thirds of the stock, at a meeting 
duly called for that purpose, on complying with the pro- 
visions of section four of chapter one hundred and seventy- 
seven of the acts of the year eighteen hundred and sev- 
enty-five, as to the certificate and fee therein provided for. 

Section 3. Section five of chapter two hundred and 
twenty-four of the acts of the year eighteen hundred 
and seventy is hereby repealed. 

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

Approved April 9, 1879. 



Gas companies 
may engage in 
the same 
business. 



Repeal of 1870, 
224, § 5. 



542 



1879. — CHArTERS 203, 204, 205. 



Chap. 203 An Act to amend chaptkr one hundred and eighty-eight 

OF THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND SEV- 
ENTY-SIX, CONCERNING ELECTIONS. 

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

ChapteV one hundred and eighty-eight of the acts of the 
year eighteen hundred and seventy-six is hereby amended 
by adding at the end of section one the foHowing words : 
" and any such clerk, who shall examine such ballots, or 
permit them to be examined, shall forfeit a sum not ex- 
ceeding two hundred dollars, to be recovered on complaint 
before any court of competent jurisdiction." 

Approved Aj^ril 9, 1879. 



Penalty on clerk 
for examining 
ballots. 
1870, 188, § 1. 



C%9.204 



Wages due to an 
operative from 
an operative 
working under 
contract, to be 
preferred claim 
to amount of 
$1U0. 



Proviso. 



An Act relating to the division of the estates of insol- 
vent DEBTORS. 
Be it enacted, &c., as follows: 

Section 1. The estate of an insolvent debtor shall be 
liable for wages due to any operative, from another opera- 
tive who shall have contracted or agreed to do certain 
specified work for said debtor, to the amount of one hun- 
dred dollars, for labor actually performed on such work 
within one year next preceding the publication of the no- 
tice of insolvency, and in the division of the estate such 
wages shall have the priority or preference given to wages 
due to operatives under the provisions of section ninety- 
six of chapter one hundred and eighteen of the General 
Statutes, and of acts in amendment thereof or in addition 
thereto: provided, that all payments made under the pro- 
visions of this act shall be charged to the account of the 
operative who, as principal, has contracted or agreed to 
do the work, and that such payments, and the liability 
herein imposed, shall not exceed the amount due such 
principal operative for such work performed within the 
time herein before mentioned; and jyrov id vd, further, that 
this act shall not be construed to appl}^ to cases covered 
by the provisions of chapter three hundred and fifty-three 
of the acts of the year eighteen hundred and seventy- 
three. 

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

Approved April 9, 1879. 

Chap. 205 -A^N Act concerning the fencing of railroads. 

Be it enacted, &c., as follows : 
Railroad corpo- SECTION 1. Exccpt at placcs wherc and so long as 
elXek'Mu'Ui'o^- specially exempted from the duty of so doing by the 
'■*'"'^- county commissioners of the county in which such places 



Proviso. 



1819. — Chapter 205. 



543 



are situate, every railroad corporation shall erect and 
maintain suitable fences with convenient bars, gates or 
openings therein, upon both sides of the entire length of 
its railroad, except at the crossings of a turnpike, highway 
or other way, or in places where the convenient use of the 
road would be tliereby obstructed ; and shall also con- 
struct and maintain sufficient barriers at such places as 
may be necessary, where it shall be practicable to do so, 
to prevent the entrance of cattle upon the road. A cor- 
poration unreasonably neglecting to comply with the pro- Penalties. 
visions of this act, shall, for every such neglect, forfeit a 
sum not exceeding two hundred dollars for every month 
during which the neglect continues ; and the supreme 
judicial court, or any justice thereof, either in term time 
or vacation, may, by injunction or other suitable process 
in equity, compel the corporation to comply with such pro- 
visions, and, upon such neglect, may restrain and prohibit 
the corporation from crossing any turnpike, highway or 
townway, or using any land, until such provisions are com- 
plied with. 

Section 2. Whenever the duty of erecting or main- corporation 

, . . -, , 1 I- j^i ^• J' '^ 1 may erect tence, 

taming fences along any part oi the line oi any railroad and recover 
corporation has been or is by law or contract imposed upon [herefot!'i7p°eU 
any person other than said corporation, the said corpora- t°"enge^® ^'*"^ 
tion shall hereafter erect such fences or keep the same in 
repair as provided in the preceding section, and may re- 
cover the reasonable cost thereof in an action of contract 
from such person. Whenever such duty has been or is so 
imposed upon an owner of land adjoining such line with 
respect to said land, said corporation shall also have a lien 
upon said land for labor performed and furnished and all 
materials furnished and used by it in erecting and repair- 
ing such fences, and for the costs which may arise in en- 
forcing such lien. Said lien shall be enforced in the man- 
ner provided for enforcing mechanics' liens in chapter one 
hundred and fifty of the General Statutes, and the acts 
amendatory of the same. 

Section 3. Sections eighty-three and eighty-four of Repeal of i874, 
chapter three hundred and seventy-two of the acts of the " ' 
year eighteen hundred and seventy-four are hereby re- 
pealed ; but such repeal shall not affect any action already 
commenced, or any forfeiture already incurred. 

Approved April 9, 1879. 



544 



1879. — Chapter 206. 



Chap. 206 



Tariff of prices 
for traiiHporta- 
tion of milk. 



Commissioners 
to see that rates 
are reasonable 
for carriage of 
small q^uantities. 



May revise 
twriff, etc. 



Proviso. 



Penalty on cor- 
poration for 
nejjlect, etc. 



An Act concerning the transportation of milk on rail- 
roads. 
Be it enacted, &c., as follows: 

Section 1. No railroad corporation shall contract with 
any person or corporation to furnish facilities for the trans- 
portation of milk, or shall itself carry the same in large 
quantities, over any portion of its line, without at the same 
time establishing a tariff under which it will receive, for- 
ward and deliver milk by the can over the same portion of 
its line for any person tendering the same, in such way 
that the milk so tendered by the can shall be carried 
under fairly proportionate advantages in every respect, 
including price, time, and reasonable care for the same, as 
the milk carried in large quantities, or through facilities 
furnished by contract. 

Section 2. On the petition of any person desiring to 
forward milk over any railroad, it shall be tlie dut}' of the 
board of railroad commissioners to investigate and ascer- 
tain at what rates facilities for the carriage of milk under 
contract or in large quantities are furnished by the corpo- 
ration operating such railroad, and to compare the same 
with the tariff of said corporation for the cairiage of milk 
from and to the same places by the single can, including a 
reasonable compensation for the care of the same ; and if 
the tariff for the care and carriage of such milk by the 
can is found to be unreasonably more than the rate 
charged for its carriage under contract, or in larger quan- 
tities, said board of railroad commissioners shall revise 
said tarifi", and fix such rates therefor as shall be fairly pro- 
portionate with such contract or large quantity rates, and 
notify the corporation of such revision : provided, that 
milk received by one corporation from another shall not be 
considered as milk received at the point of junction of 
the roads of such corporations, so as to regulate the rates 
charged on milk tendered for carriage at such point of 
junction. 

Section 3. A corporation which shall refuse or neg- 
lect to receive, forward or deliver milk by the can at the 
tariff rates fixed and notitied to it by the board of railroad 
commissioners in the manner provided in the preceding 
section, shall forfeit to the person tendering such milk the 
sum of ten dollars for each and every can which it so 
refuses to receive, or neglects to forward or deliver, to be 
recoveied in an action of tort. 

Approved A2»'il 9, ISTO. 



1879. — Chapters 207, 208, 209. 



545 



An Act to amend "an act to regulate the hours of Chap. 2^1 

LABOR IN MANUFACTURING ESTABLISHMENTS." 

Beit enacted, c&c, as follows: 

Chapter two hundred and twenty-one of the acts of the 
year eighteen hundred and seventy-four is hereby amended 
by striking out the word " wilfully " wherever it occurs. 
At the trial of any person for a violation of the provisions 
of said chapter, a certificate of the age of any minor made 
or signed by him and his parent or guardian, at the time 
of his employment in any manufacturing establishment, 
shall be conclusive evidence of that fact. 

Approved April ,9, 1879. 



Minors under 
eighteen yetirs 
and women, not 
to be employed 
in manuftictur- 
ini< estiiblisli- 
ments more than 
ten hours a day 
under penalty. 
Certificate to be 
conclusive 
evidence of age. 



An Act authorizing a fund for the expenses of the ex- Chap. 208 
ecutive department. 

Be it enacted, c&c, as follows: 

Section 1. There shall be allowed and paid annually Allowance for 
from the treasury of the Commonwealth, a sum not ex- execuSve"^ 
ceeding three thousand dollars, for such expenses of the department, 
executive department as the governor may find necessary. 

Section 2. Chapter two hundred and fifty of the acts Repeal of is-o, 
of the year eighteen hundred and seventy is hereby re- ''^'''^' 
pealed. 

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

Apptroved April 11, 1879. 

An Act for the protection and preservation of birds, Chap. 209 

birds' eggs, deer and game. 
Be it enacted, &c., as follows: 

Section 1. Whoever in this Commonwealth takes or 
kills any woodcock, or any ruffed grouse, commonly called 
partridge, between the first day of January and the first 
day of September in any year, or any quail between the 
first day of January and the fifteenth day of October in 
any year, or within the respective times aforesaid sells, 
buys, has in possession, or offers for sale, any of said birds, 
shall, upon conviction, be punished by a fine of twenty 
dollars for each and every such bird : provided, that any 
person may buy, sell, or have in possession, quail, and pin- 
nated grouse commonly called prairie chicken, during the 
months of January, February, March and A[)ril, provided 
the same are not taken or killed contrary to the provisions 
of this act. 

Section 2. Whoever in this Commonwealth takes or 
kills any wood or summer duck, black duck, or teal, be- 
tween the first day of May and the first day of September 



Woodcock and 
partridsje not to 
be killed be- 
tween Jan. 1 
and Sept. 1. 
Quail not to bo 
killed between 
Jan. 1 and 
Oct. 15. 



Proviso. 



Teal, etc., not 
to be killed 
between May 1 
and Sept. 1. 



546 



1879. — Chapter 209. 



Plover, snipe 
and certain 
beach birds not 
to be killed 
between April 1 
and July 15. 



Wild pigeons 
not to be killed 
upon breeding 
ground. 

Mackerel gulls, 
etc., not to be 
killed between 
May 1 and 
Sept. 1. 



Other undomes- 
ticated birds, 
except birds of 
prey, etc., not 
to lie killed at 
any time. 



Kests or eggs 
not to be dis- 
turbed. 



Proviso. 



in any year, or within said time sells, buys, has in posses- 
sion, or offers for sale, any of said birds, shall, upon con- 
■viction, be punished by a fine of twenty dollars for each 
and every such bird. 

Section 3. Whoever in this Commonwealth takes or 
kills any plover, snipe, sandpiper, rail, or any of the so 
called marsh, beach, or shore birds, except black breasted 
plover (^Squatarola helvetica)^ red breasted sandpiper 
(^Tringa canutus)^ chicken plover (Strepsilas interpres^^ 
winter 3'ellow-leg (Totanus melanoleucus)^ and Wilson's 
snipe {G-allinaf/o Wilsoni}, between the first day of April 
and the fifteenth day of July in an}^ year, or within said 
time sells, buys, has in possession, or offers for sale, any of 
said birds, shall, upon conviction, be punished b}^ a fine 
of ten dollars for each such offence. 

Section 4. Whoever in this Commonwealth takes or 
kills upon their breeding ground any wild or passenger 
pigeon, or takes, kills, or has in possession, any Carolina 
or turtle dove, herring gull, tern, sea swallow, or mackerel 
gull, between the first day of May and the first day of 
September in any year, shall, upon conviction, be punished 
by a fine of ten dollars for each such offence. 

Section 5. Whoever in this Commonwealth takes or 
kills, at any season of the year, any undomesticated birds 
not named in the preceding sections of this act, except 
birds of prey, crows, crow-blackbirds, jays, wild geese, 
herons, bitterns, and such fresh water or sea fowl as are 
not named in the preceding sections of this act, or wilfully 
destroys, disturbs, or takes the nests or eggs of, any undo- 
mesticated birds, except the nests and eggs of birds of 
prey, crows, crow-blackbirds, and jays, shall, upon con- 
viction, be punished by a fine of ten dollars for each such 
offence : provided, that any person above the age of six- 
teen years, having a certificate from the curator of the 
Museum of Comparative Zoology at Cambridge, the presi- 
dent of the Massachusetts Agricultural College at Am- 
herst, the Boston Society of Natural History, the Worces- 
ter Lyceum and Natural History Society, the Peabody 
Academy of Science at Salem, or from any incorporated 
society of natural history or college in tlie state, to the 
effect that said person is engaged in the scientific study of 
ornitholog}^ or is collecting in the interests of and for said 
institutions, or any one of them, may take the nests and 
eggs of, or at any season of the year take or kill, any un- 
domesticated birds ; but this provision shall not ap])ly to 
the birds, or eggs of birds, named in section one of this 
act. 



1879. — Chapter 209. 



547 



Section 6. Whoever in this Commonwealth, at any 
season of the year, takes, kills, or destroys any game bird, 
hare, or rabbit, by means of traps, snares, nets, or springes, 
or whoever, for the purpose of taking or killing any game 
bird, hare, or rabbit, shall construct or set any trap, snare, 
net, or springe, or whoever shoots at or kills anj^ wild fowl, 
or any of the so called shore, marsh, or beach birds, with 
or by the use of any battery, swivel, or pivot gun, or by 
the use of any torch, jack, or artificial light, shall, upon 
conviction, be punished by a fine of twenty dollars for 
each such offence : provided^ the provisions of this section 
shall not apply to the trapping or snaring of ruffed grouse 
commonly called partridge, hare, or rabbit, by owners of 
land, upon their land between the first day of September 
and the first day of January of any year ; and provided^ 
also, that owners shall not lease said lands for such pur- 
poses, nor under any circumstances allow any other person 
to snare or trap upon their lands. 

Section 7. Whoever in this Commonwealth, at any 
season of the year prior to the first day of October in the 
year eighteen hundred and eighty, and whoever thereafter 
between the first day of December in any year and the 
first day of October following, takes or kills any deer (ex- 
cept his own tame deer kept on his own grounds), shall, 
upon conviction, be punished by a fine of one hundred 
dollars for every such offence : and any person may kill 
any dog found chasing or hunting deer where the dog is 
used for that purpose with the knowledge of his owner or 
keeper ; and the owner or keeper of such dog shall, upon 
conviction, be punished by a fine of fifty dollars. 

Section 8. Whoever between the first day of March 
and the first day of September in any year takes or kills 
any gray squirrel, hare, or rabbit, shall, upon conviction, 
be punished by a fine of ten dollars for each such offence. 

Section 9. Whoever in this Commonwealth, at any 
season of the 3'ear, takes or kills any pinnated grouse com- 
monly called prairie chicken, unless upon ground owned 
by him, and grouse placed thereon by the owner, shall, 
upon conviction, be punished by a fine of twenty dollars 
for each bird so taken or killed. 

Section 10. In all prosecutions under the provisions 
of this act, the possession, except as provided in section 
one, by any person or corporation of any deer, hare, rab- 
bit, or gray squirrel, or of birds mentioned as protected 
by this act, during the time within which the taking or the 
killing of the same is prohibited, shall be prima facie evi- 
dence to convict under this act. 



Traps and 
miarus not to 
be used. 



Use of battery, 
pivot gun and 
jack light pro- 
hibited. 

Proviso. 



Pro\a80. 



Deer hunting 
regulated. 



Dog found 
chasing deer 
with owner's 
knowledge, may 
be killed by any 
person. 



Gray squirrel 
and rabbit not 
to be killed be- 
tween Mar. 1 
and Sept. 1. 



Prairie chicken 
not to be killed 
at any time, ex- 
cept by owner. 



Possession of 
game, during 
prohibited time 
to be prima 
facie e\'idence 
to convict. 



548 



1879. — Chapters 210, 211. 



Disposition of 
fines. 



Municipal 
autlioiitii's, 
police otlicc'i'S 
and eouKtabli's 
to cause act to 
be enforced. 



Repeal. 



Cha2).2l0 



Cooperative 
corporations. 
Capital not to 
exceed $1U0,000. 



Section 11. All fine.s accruing- under this act shall be 
paid, a half to the complainant, and a half to the city or 
town where the offence is committed. 

Section 12. The mayor or aldermen of any city, the 
selectmen of any town, and all police officers and consta- 
bles within this Commonwealth, shall cause the provisions 
of this act to be enforced in their respective cities and 
towns. 

Section 13. Chapter ninety-five of the acts of the 
year eighteen hundred and seventy-seven, and all acts and 
parts of acts inconsistent herewith are hereby repealed. 

Approved April 11, 187 9. 

An Act to amend "an act concerning manufacturing and 

other corporations." 
Be it enacted, &c., as follows: 

Section three of chapter two hundred and twenty-four 
of the acts of the year eighteen hundred and seventy is 
hereby amended by striking out the word "fifty"' in the 
last line and inserting in place thereof the words " one 
hundred." Ap)proved April 11, 1879. 

Char). 211 An Act to enable the town of Northampton to realize 

THE VALUE OF CERTAIN STOLEN BONDS AND COUPONS. 

Be it enacted, &c., as folloios: 

Section 1. The town of Northampton, by its treasurer, 
is hereby authorized to execute a sufficient bond of in- 
demnity to the Ohio and Mississippi Railway Company, 
its successors, assigns or legal representatives, whenever 
and as often as payment shall be made to said town by 
said railway company, its successors, assigns or legal rep- 
resentatives, in money or new bonds, of an}' of the coupons 
of the second mortgage bonds of said railway company, 
which were owned by said town on tlie twenty-sixth day 
of January in the year eighteen hundred and seventy-six, 
and were, together with said bonds, on that day stolen 
from the vault of the Northampton National Bank. 

Section 2. In case said Ohio and Mississippi Railway 
Company, its successors, assigns or legal representatives, 
shall issue new bonds to the town of Northampton, in 
place of the above mentioned stolen bonds, the said town, 
l)y its treasurer, is hereby authorized to execute a suffi- 
cient bond of indemnity to said railway company, its suc- 
cessors, assigns or legal representatives. 

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

Approved Sipril 11, 1879. 



Town may give 
bond of indem- 
nity to Ohio and 
Mississippi 
Railway Com- 
pany upon pay- 
ment of certain 
stolen coupons. 



ifay give bond 
of indemnity 
upon issue of 
new bonds. 



1879. — Chapters 212, 213, 214. 



549 



for construction 
of Quinsiga- 
mond Avenue. 



An Act to extend the time for constructing quinsiga- Chaj). 2\2 

' MOND AVENUE IN THE CITY OF WORCESTER. 

Be it enacted, tfcc, as follows: 

Section 1. The time within which the city of Worces- Time extended 
ter may construct the street extending fi-om Southbridge 
Street to Cambridge Street in said city and called 
Quinsigamond Avenue, laid out and established by decree 
of the city council, adopted on the twenty-ninth day of 
April in the year eighteen hundred seventy-eight, and 
assess benefits upon the estates benefited thereby, as 
provided by chapter three hundred eighty-two of the acts 
of the year eighteen hundred seventy-one, is hereby ex- 
tended to the twenty-ninth day of April in the year eighteen 
hundred and eighty-one. And if said city shall complete 
said street before that time, said city may assess upon the Assessment 
estates benefited thereby the value of the benefit and 
advantage derived therefrom as provided in said statute 
in the same manner and with the same effect as if said 
street had been completed and said assessments had been 
made within two years from the passage of said decree. 

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

Approved April 11, 1879. 



upon estates 
benotited. 



An Act to confirm the corporate organization of the 
trustees of the woburn society of the methodist epis- 
copal church. 
Be it enacted, &c., as follows: 

The corporate organization of the Trustees of the Wo- 
burn Societ}^ of the Methodist Episcopal Church, under 
wiat name, is hereby confirmed and made valid. All the 
deeds, acts and proceedings of said corporate board of 
trustees are confirmed and made valid so far as such 
validity may have depended upon the name of the cor- 
poration under which they were made or transacted. 

Approved April 11, 1879. 

An Act to provide for the disposal of the sewage of 

THE reformatory PRISON FOR WOMEN AT SHERBORN. 

Be it enacted, &c., as follows: 

Section 1. The superintendent and board of commis- 
sioners of the reformatory prison for women in the town 
of Sherborn, are hereby prohibited from causing or per- 
mitting the discharge, through any sewer or drain, of any 
portion of the sewage of said prison into Lake Cochituate 
or any of its tributaries : provided, that the effluent waters 
of lands hereafter acquired and used for sewage irrigation 



Chap.2lS 



Organization of 
corporation and 
acts of trustees, 
confirtaed. 



Chap.2U 



Sewage of 
prison not to be 
discharged into 
Lalse Coclaitu- 
ate. 



550 



1879. — Chapter 2U. 



Commissioners 
may take land 
for storage or 
disposition of 
sewage. 



May dig up 
roads, etc., un- 
der direction of 
selectmen. 



Proviso. 



Description of 
laud talvcn, to be 
filed in registry 
of deeds. 



purposes for said prison shall not be included in the pro- 
visitins of this section unless at any time they shall,' in the 
opinion of the state board of health, become of such 
nature as to constitute a pollution within the meaning of 
chapter one hundred and eighty-three of the acts of the 
year eighteen hundred and seventy-eight ; which opinion, 
being expressed in writing to the said board of commis- 
sioners, shall make said effluent waters subject to all the 
provisions of this section. 

Section 2. The said board of commissioners of the 
reformatory prison for women is hereby authorized on be- 
half of the Commonwealth to take and hold, by purchase 
or otherwise, under the direction and approval of the gov- 
ernor and council, such lands as may be necessary for the 
proper conveyance, storage or distribution of the sewage 
of the reformatory prison for women, and may take and 
hold, by purchase or otherwise, the buildings situate on 
any such land, or erect or repair thereon such buildings, 
dams, works and machinery as may be necessary for the 
disposal of the sewage of said prison, and may take and 
hold, by purchase or otherwise, all or any rights or ease- 
ments in such land, Avith all rights of way, through, over 
or under any private lands, road, water course, or other 
way, and may enter upon and dig thereon for the purposes 
of construction and of making all necessary repairs, and 
may carry its drains through or under any street or high- 
way or other ways in such manner as not unnecessarily to 
obstruct the same, and may, under the direction of the 
selectmen of the town of Sherborn, enter upon and dig 
up any such road or way for the purposes of laying or re- 
pairing its sewers or drains ; and said commissioners may 
construct and maintain all necessary pipes, conduits, works 
and machinery necessary for the proper conveyance of the 
sewage of said prison to such lands and its distribution 
thereon in such manner as said commissioners, with the 
approval of the governor and council, shall determine : 
provided^ that not more than two thousand dollars of the 
sum appropriated for the purposes of this act shall be 
expended in the repairs of any buildings which may be 
acquired with any land taken, by purchase or otherwise, 
for the purposes of this act ; and provided, that within 
sixty days after the taking of any lands or buildings, 
rights or easements in such lands, under this act, the said 
commissioners shall file in the registry of deeds for the 
southern district of the county of Middlesex, a descrij)tion 
thereof sufficiently accurate for identification, with a 



1879. — Chapter 215. 



551 



Assessment of 
damiiffes. 



statement of the purpose for which the same is taken, and 
signed by said commissioners or a majority of them ; and 
the title thereto shall thereupon vest in the Common- 
wealth, but no such record shall be valid unless accompa- 
nied by the certificate of approval of the governor and 
council, to be fil^d therewith. 

Section 3. Any person or corporation injured or dam- 
aged by any thing done by said commissioners under 
authority of this act, and failing to agree with said com- 
missioners' as to the amount of such damages, may have 
them assessed and determined in the manner provided 
where land is taken for highways ; but all such claims for 
assessment of damages shall be instituted within one year 
of the taking complained of, and the damages so assessed 
and determined shall be paid out of the treasury of the 
Commonwealth. 

Section 4. The said commissioners are hereby author- Expenses not to 
ized to carry out the provisions of this act at an expense 
not exceeding thirteen thousand dollars, and all moneys 
therefor shall be expended under and by the approval of 
the governor and council. 

Section 5. The provisions of section one of this act 
shall take effect at such time as the governor and council 
shall determine that the sewage works contemplated and 
provided for by section two of this act have substantially 
been put in operation. The remaining sections of the act 
shall take effect upon the passage of the act. 

Approved Ajiril 11, 1879. 



exceed $13,000. 



When to take 
eft'ect. 



Time for mak- 
ing award may 
be extended by 
agreement. 



An Act amending chapter two hundred and eighty-one of Chap.2\o 

THE acts of the YEAR EIGHTEEN HUNDRED AND SEVENTY- 
EIGHT, RELATIVE TO THE DEMAND OF GEORGE CLAPP AND 
FREDERIC K. BALLOU AGAINST THE COMMONWEALTH. 

Be it enacted, &c., as follows : 

Section 1. The harbor commissioners are hereby au- 
thorized to agree with Clapp and Ballou to extend the 
time within which the award of the arbitrators may be 
made, whose appointment is provided for by chapter two 
hundred and eighty-one of the acts of the year eighteen 
hundred and seventy-eiglit, to the first day of October 
next, upon the further terms and conditions of this act. 

Section 2. Said arbitrators may, in the exercise of 
judicial discretion, allow any amendment of the statement _ 
of the demands submitted to them : provided, that said ment of^e 

ini -ii mands. 

Clapp and Ballou shall not be entitled to recover more Proviso. 
than the aggregate amount of the demands heretofore 



Arbitrators may 
allow amend- 
ment of state- 



DO' 



1879. — Chapter 216. 



Award to be 
final. 



Assigns to con- 
sent in writing. 



siibmittecl, and interest thereon; and provided, further^ that 
all the claims and demands of said Clapp and Hallou, in 
tlieir own right and as assigns, shall be submitted to said 
arbitrators ; and said award, having been reported to and 
accepted and confirmed by the supreme judicial court as 
provided by chapter two hundred and ^ighty-one of the 
acts of the year eighteen hundred and seventy-eight, shall 
be a final adjudication upon all claims and demands of 
said Clapp and Ballou and their assigns against the Com- 
monwealth, and shall be binding upon all parties. 

Section 3. The assigns of said Clapp and Ballou hav- 
ing an interest in said claims and demands shall consent 
in writing to said submission, and agree to be bound by the 
award. 

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

Approved April 11, 1S79. 



Chap. 216 



Approi^riations. 



Salaries. 
Clerks of senate 
and house. 



Sergeant-at- 
arras. 



Engineer, 
watchmen and 
firemen. 



Senators. 



Representa- 
tives. 



Lieutenant- 
governor. 



An Act in addition to "an act making appk<>pki.\tions for 

THE maintenance OF THE GOVERNMENT DURING THE PRESENT 
YEAR." 

Be it enacted, &c. , as folloivs : 

Section 1. The sums hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Com- 
monwealth, from the ordinary revenue, for the purposes 
specified, to meet expenses for the year ending on the 
thirty-first day of December, the same to be in addition to 
the appiopriations heretofore made for the quarter ending 
on the thirt3^-first day of March of the present year. 

For the salaries of the clerks of the senate and house of 
representatives, two thousand eight hundred thirty-three 
dollars and thirty-two cents. 

For the salary of the sergeant-at-arms, one thousand four 
hundred sixteen dollars and sixty-six cents. 

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

For the compensation of senators, a sum not exceeding 
five thousand five hundred dollars, and for travelling ex- 
penses, a sum not exceeding fift}' dollars. 

For the compensation of representatives, a sum not ex- 
ceeding twenty thousand five hundred dollars, and for 
travelling expenses, a sum not exceeding five hundred 
dollars. 

For the compensation of the lieutenant-governor, one 
thousand four hundred thirty -seven dollars and fifty cents; 
and fur the executive council, four thousand four hundred 
dollars. 



1879. — Chapter 216. 553 

For the salary of the secretary of the Commonwealth, >sccretary. 
one thousand eight hundred thirty-three dollars and 
thirty -four cents. 

For the salary of the first clerk in the secretary's de- First cierk. 
partment, one thousand three hundred thirty-three dol- 
lars and thirty -three cents. 

For the salary of the second clerk in the secretary's Second cierk. 
department, one thousand one hundred eight dollars and 
thirty-three cents. 

For the salary of the third clerk in the secretary's xwrd cierk. 
department, one thousand dollars. 

For such additional clerical and other assistance as the ^^^j'^l'lJ^lj 
secretary may find necessary, a sum not exceeding five otber assistance, 
thousand six hundred dollars. 

For the salary of the treasurer and receiver-general, two Treasurer and 
thousand nine hundred sixteen dollars and sixty-seven erai/"'^^"' 
cents. 

For the salarj- of the first clerk in the treasurer's de- First cierk. 
partment, one thousand seven hundred eight dollars and 
thirty-three cents. 

For the salary of the cashier in the treasurer's depart- casWer. 
ment, one thousand three hundred thirty-three dollars and 
thirty-three cents. 

For the salary of the second clerk in the treasurer's de- second cierk. 
partment, one thousand three hundred and fifty dollars. 

For such other clerical assistance as the treasurer may Additional eier- 

„, ,. . 1-1 ical assistance. 

find necessary, a sum not exceeding one thousand six hun- 
dred sixteen dollars and sixty-six cents. 

For the salary of the auditor of accounts, one thousand Auditor, 
eight hundred thirty-three dollars and thirty-four cents. 

For the salary of the first clerk in the auditor's depart- First cierk. 
ment, one thousand three hundred thirty-three dollars and 
thirty-three cents. 

For the salary of the second clerk in the auditor's de- Second derk. 
partment, one thousand one hundred dollars. 

For such additional clerical assistance as the auditor may Additional cier- 
find necessary, a sura not exceeding two thousand five i'^''' ^^^istance. 
hundred sixty-six dollars and sixty-six cents. 

For the salary of the insurance commissioner, two insurance com- 
thousand one hundred sixty-six dollars and sixt3'-seven 
cents. 

For the salary of the deputy insurance commissioner, Deputy, 
one thousand eight hundred and seventy-five dollars. 

For the salary of the first clerk of the insurance com- First cierk. 
missioner, one thousand three hundred thirty-three dollars 
and thirty three cents. 



554 



1879. — Chapter 216. 



Second clerk. 



Extra clerk. 



Additional cler- 
ical assiutanco. 



Reimbursement 
for stale aid to 
soldiers. 



Reimbursement 
for relief of 
indigent 
soldiers. 



Printing and 
binding for 
legislature. 



Stationery for 
bouse. 



Stationery, etc., 
ordered by ser- 
geant-at-arras. 



Fuel and lights. 



Rep.airs and 
furniture. 



Incidental 
expenses. 
Secretary. 



Treasurer. 



ExpenHcs. 
Tax commis- 
sioner. 
Auditor. 



Insurance com- 
mi»r<ioner. 

Railroad com- 
missioners. 



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

For the salary of one extra clerk of the insurance com- 
missioner, seven hundred thirty-three dollars and thirty- 
three cents. 

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

For the reimbursement of cities and towns for money 
paid on account of state aid to Massachusetts volunteers 
and their families, and for expenses incurred in connection 
therewith, under the provisions of chapter one hundred 
and ninety-two of the acts of the year eighteen hundred 
and seventy-seven, a sum not exceeding three hundred and 
seventy-five thousand dollars. 

For the reimbursement of cities and towns for money 
paid as relief of indigent soldiers and sailors, under the 
j)rovisions of chapter two hundred and eighty-two of the 
year eighteen hundred and seventy-eight, a sum not 
exceeding one hundred and sixty-five thousand dollars. 

For printing and binding ordered by the senate or house 
of representatives, or b}' the concurrent order of both 
branches, a sum not exceeding fifteen thousand dollars. 

For stationery for the house of representatives, ordered 
by the clerk thereof, a sum not exceeding eight hundred 
dollars. 

For books, stationery, printing and advertising ordered 
by the sergeant-at-arms, a sum not exceeding five hun- 
dred dollars. 

For fuel and lights at the state house, a sura not exceed- 
ing two thousand five hundred dollars. 

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

For incidental expenses of tlie secretary's department, 
a sum not exceeding two thousand two hundred and fifty 
dollars. 

For incidental expenses of the treasurer's department, 
a sum not exceeding seven hundred and fifty dollars. 

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

For expenses of the auditor's department, a sura not 
exceeding five hundred dollars. 

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

For expenses of the railroad commissioners, a sum not 



1879. — Chapter 216. 555 

exceeding two thousand three hundred and seventy-five 
dollars. 

For expenses of the commissioners on inland fisheries, a commissioners 
sum not exceeding four thousand dollars. erie"!'*°'^ ^'^" 

For expenses of the commissioners on savings banks, a Commissioners 
sum not exceeding one thousand one hundred dollars. bauks.'"^* 

For expenses of the harbor commissioners, a sum not Harbor com- 
exceeding eight thousand five hundred dollars. missioners. 

For expenses of the bureau of statistics of labor, a Bureau of statis- 
sum not exceeding three thousand two hundred and fifty ^'"^^ °f ''*^°'"- 
dollars. 

For printing and binding the public series of documents, Printing and 
a sum not exceeding thirty thousand dollars. documen^ts. 

For printing the pamphlet edition of the general laws General laws. 
of the present year, for distribution in the Commonwealth, 
a sum not exceeding six thousand dollars. 

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

For the newspaper publication of the general laws, and Newspaper pub- 
all information for the public, a sum not exceeding five eraiiaws. ^''°" 
hundred dollars. 

For editing the supplement to the General Statutes, the supplement to 
sum of two hundred dollars ; and for the publication of stotute^r'* 
the same, a sum not exceeding eight hundred and fifty 
dollars. 

For assessors' books and registration blanks, a sum not Assessors' 
exceeding one thousand five hundred dollars. t'm'tkL'^bilnk?.^' 

For the publication' of the Provincial Statutes, a sum Provincial 

J i> n l^ Till tetatutcs. 

not exceeding five thousand dollars. 

For expenses of the adjutant-general's department, a Expenses. 
sum not exceeding two thousand two hundred and fifty general?*^' 
dollars. 

For expenses of the bureau of the quartermaster-gen- Quartermaster- 
eral, a sum not exceeding four thousand two hundred ^^^''^^^^' 
dollars. 

For quartermasters' supplies, a sum not exceeding five Quartermasters' 
thousand five hundred dollars. supplies. 

For the compensation of officers and men of the volun- Miiitia. 
teer militia, for military duty, a sum not exceeding sixty- ^°'"p®°^^*'°°- 
two thousand dollars. 

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



556 1879. — Chapters 217, 218. 

Military Foi' military accounts, in connection with the volunteer 

militia, not otherwise provided for, a sum not exceeding 
five thousand dollars- 
Rent of head- For rent of brigade and battalion head-quarters and 
armories!'" compauj amiorics, a sum not exceeding thirty-one thou- 
sand six hundred dollars. 
Military For military elections, a sum not exceeding one hundred 

elections. l nr>j^ i ^^ ° 

and nity dollars. 
Soldiers' For cxpeuscs incurrcd in connection with the revision 

of the " Soldiers' Records ", the sum of two hundred and 

fifty dollars. 
Medical sup- For mcdical supplies for the use of the volunteer militia, 

a sum not exceeding five hundred dollars. 
Surgeon-gen- For expcuscs of the surgeon-geueral's bureau, a sum not 

exceeding three hundred dollars. 
Books of For books of instruction for the use of the volunteer 

instruction. militia, a sum not exceeding two hundred dollars. 

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

Approved April 15, 1S79. 

Chap. 217 An Act to authorize the county coManssiONERS of the 

COUNTY OF FRANKLIN TO BORROW MONEY TO REPAIR OR EN- 
LARGE THE JAIL IN SAID COUNTY. 

Be it enacted, &c., as follows: 
Commissioners SECTION 1. The county commissiouers of the county 
money"for^ of Franklin are hereby authorized to borrow, on the credit 
laiUnd house°of ^^ ^^^^ county, sucli sums uot exceeding in all ten thou- 
correction. sand dollars as may be necessary to be expended in repairs 

or enlargement of the jail and house of correction in said 
county. 

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

Approved April 16, 1879. 

Chap. 21S An Act to enable the newton cemetery corpor.\tion to 

PURCHASE certain LAND FOR THE PROTECTION OF ITS CEME- 
TERY. 

Be it enacted, &c., as folloios: 

May purchase SECTION 1. The Newtoii Cemetery Corporation is 

oTearaTfo%?id- hcrcby authorized to purchase a parcel of land upon 

lug cemetery. "Walnut Street, in Newton, opposite the cemetery of said 

corporation, and bounded, westerly by Walnut Street, 

northerly by Homer Street, easterly by land now or 

formerly of J. D. Towle, and southerly by hiiid now or 

formerly of Josiah Rutter, and to hold and use said land 

for the purpose of supplying earth and gravel for grading 

its cemetery, and to protect said cemetery from nuisance 



1879. — Chapter 219. 



557 



\ 



or injury ; and said corporation shall not be required to 
devote said land to the purposes mentioned in chapter 
twenty-eight of the General Statutes or the acts in addi- 
tion thereto. 

Section 2. Said corporation is hereby authorized to May mortgage 
mortgage said land or any part of the same to secure the hfnd! 
whole or any part of the purchase money thereof, and in 
case it shall hereafter desire to do so, to sell and convey 
said land or any part of the same to any purchaser. 

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

Approved April 16, 1879. 

An Act to establish the salaries op the justices and Chap. 2\9 

CLERKS OF THE DISTRICT AND POLICE COURTS IN THE COUNTY 
OF BERKSHIRE. 

Be it enacted, &c., as follows: 

Section 1. The standing justice of the district court saianesof 
of Central Berkshire shall receive a salary of twelve hun- trfctlnVpoiu'e 
dred dollars a year, and at the same rate for any part of co"'''*- 
a year ; the standing justice of the district court of 
Northern Berkshire shall receive a salary of one thousand 
dollars a year, and at the same rate for any part of a 
year ; the standing justice of the district court of Southern 
Berkshire shall receive a salary of eight hundred dollars 
a year, and at the same rate for any part of a year ; the 
standing justice of the police court of Lee shall receive 
a salary of six hundred dollars a year, and at the same 
rate for any part of a year ; the standing justice of the 
police court of Williamstown shall receive a salary of 
three hundred dollars a year, and at the same rate for any- 
part of a year. 

Section 2. The clerk of the district court of Central 
Berkshire shall receive a salary of six hundred dollars a 
year, and at the same rate for any part of a year ; the 
clerk of the district court of Northern Berkshire shall 
receive a salary of five hundred dollars a year, and at the 
same rate for any part of a year; and the clerk of the 
district court of Southern Berkshire shall receive a salary 
of four hundred dollars a year, and at the same rate for 
any part of a year. 

Section 3. All acts and parts of acts inconsistent 
herewith are hereby repealed. 

Section 4. This act shall take effect on the first day to take effect 
of May in the year eighteen hundred and seventy-nine. ^^^^ ^' ^^''^• 

Approved April 16, 1879. 



Salaries of 
clerks of district 
and police 
courts. 



Repeal. 



558 



1879. — Chapters 220, 221. 



Chap. 220 



Salaries of 
justice aud 
clerk. 



Repeal. 



To take effect 
May 1, 1879. 



Chap, 221 



Union Freight 
Depot in (ireen- 
fieid. 

1878. 278, § 1. 



Amendment to 

1878, 278, § 3. 



Amendment to 
1878, 278, § 4. 



An Act to establish the salaries of the justice and 

clerk of the district court of eastern norfolk. 
Be it enacted, &c., as follows: 

Section 1. The standing justice of the district court 
of Eastern Norfolk shall receive a salary of twelve hundred 
dollars a year, and at the same rate for any part of a year ; 
the clerk of said court shall receive a salary of six hun- 
dred dollars a year, and at the same rate for any part of a 
year. 

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

Section 3. This act shall take effect on the first day 
of May in the year eighteen hundred and seventy-nine. 

Apjiroved April 16, 1879. 

An Act to a^viend "an act to permit the establishment of 

A union freight depot in GREENFIELD." 

Be it enacted, &c., as follows : 

Section 1. Section one of chapter two hundred and 
seventy-eight of the acts of the year eighteen hundred 
and seventy-eight is hereby amended by striking out the 
words " Troy and Greenfield Railroad Company " after 
the words " purchased by the," and inserting in place of 
the words stricken out the word " Commonwealth." 

Section 2. Section three of said chapter is hereby 
amended by striking out the words " or the Vermont and 
Massachusetts Railroad, and by the Connecticut River 
Railroad Company " after the Avords " operating or using 
the Troy and Greenfield Railroad," and inserting in place 
of the words stricken out the words " by such other rail- 
road corporation or corporations named in section one as 
may be provided for by the agreement." 

Section 3. Section four of said chapter is hereby 
amended by striking out the words "and arbitration as to 
questions arising relative thereto may be provided for," 
after the words "• provided for by said agreement," and 
inserting in place of the Avords stricken out the words 
"and may be re-adjusted or changed from time to time as 
the railroad commissioners on the petition of any party 
interested may determine," and is further amended by 
adding at the end of said section the words " any party 
aggrieved b}'^ any decision as to the amount of rental or 
tolls to be paid as provided, may within three 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 ver- 



1879. — Chapters 222, 223. 



559 



Repeal and 
substitute. 
1878, 278, § 5. 



diet accepted by said court shall be final until another re- 
adjustmerat or change as before provided." 

Section 4. Section five of said chapter is hereby re- 
pealed ; and the following words, constituting a new sec- 
tion, are substituted therefor, and inserted in place thereof, 
namely : — " Section 5. No rights shall be gained by vir- 
tue of this act or any contract 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 on 
providing for the payment of suitable damages to all par- 
ties injured ; and in case of any termination of the agree- 
ment the tracks and location of the Troy and Greenfield 
Railroad may be re-located as now established by law, and 
the tracks and location of the Vermont and Massachusetts 
Railroad may be re-located to connect with the same. No 
agreement made by virtue of this act shall bind the Com- 
monwealth except so far as its interests in the premises « 
are concerned or operate to prevent any assignment or 
transfer of its rights in and under the same." 

Approved April 16, 1879. 

An Act concerning the fee for certificates op insanity. Chap. 222 
Be it enacted, &c., as foUotvs : 

Section 1. The fee for giving the certificate required Fee of physician 
by section eight of chapter two hundred and twenty-three [nLnu?!^'''^*'' "^ 
of the acts of the year eighteen hundred and sixty-two, 
and by the acts amending the same, is hereby fixed at 
two dollars for each physician, with twenty cents for each 
mile travelled one way. 

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

Approved April 16, 1879. 

An Act to give women the right to vote for members of Chap. 223 

SCHOOL committees. 

Be it enacted, &c., as follows: 

Section 1. Every woman who is a citizen of this women, who 

Commonwealth, of twenty-one years of age and upwards, ^ly votrfor 

and has the educational qualifications required by the members of 
. IP, 1 -I • • school corn- 

twentieth article oi the amendments to the constitution, mittees. 

excepting paupers and persons under guardianship, who 

shall have resided within this Commonwealth one year 

and within the city or town in which she claims the right 

to vote six months next preceding any meeting of citizens 



560 



1879. — Chapter 224. 



Assessment of 
taxes. 



Registration 
laws to apply. 



Separate day for 
election may be 
appointed. 



Chap. 224 



Penalty for ren- 
dering impure, 
water used for 
domestic water 
supply. 



Constables may 
arrest w-ithout 
a warrant. 



either in wards or in general meeting for municipal pur- 
poses, and who shall have paid by herself, or her parent, or 
guardian, a state, or county tax, which within two years 
next preceding such meeting has been assessed upon her 
in any city or town, shall have a right to vote, at such 
town or city meeting, for members of school committees. 

Section 2. Any female citizen of this Commonwealth 
ma}^ on or before the fifteenth day of September in any 
year, give notice in writing to the assessors of any city or 
town, accompanied by satisfactory evidence, that she was 
on the first day of May of that year an inhabitant thereof 
and that she desires to pay a poll tax and furnish under 
oath a true list of her estate, both real and personal, and 
she shall thereupon be assessed for her poll and estate and 
the assessors shall, on or before the first day of October 
in each year, return her name to the clerk of the city or 
town in the list of the persons so assessed. The taxes so 
assessed shall be entered in the tax list of the collector of 
the city or town, and the collector shall collect and pay 
over the same in the maimer specified in his warrant. 

Section 3. All laws in relation to the registration of 
voters shall apply to women upon whom the right to vote 
is herein conferred, provided that the names of such women 
shall be placed on a separate list. 

Section 4. The ma3'or and aldermen of cities and the 
selectmen of towns may in their discretion appoint and 
notify a separate day for the election of school commit- 
tees: provided^ that such meeting shall be held in the 
same month in which the annual town meeting or the 
municipal election occui-s. Apj)roved April 16, 1879. 

An Act to pkeserve the purity of the water supply of 

towns and cities. 
Be it enacted, <fcc., as follows: 

Section 1. Whoever shall wilfully deposit any excre- 
ment or any foul or decaying solids or fluids in any water 
used for the purpose of domestic water supply or upon the 
shore thereof witliin five rods of the water shall be deemed 
guilty of a misdemeanor, and, upon conviction thereof, 
shall be punished by a fine not exceeding fifty dollars or by 
imprisonment not exceeding thirty da3's ; and any constable 
or policeman of a city or town in which such water is either 
wholly or in part situated may, within the limits of said 
city or town, arrest without a warrant any person found by 
him in the act of violating the provisions o£ this section; 
and may, at the next sitting of any trial justice or court 



1879. — Chapter 225. 



561 



Agent of water 
board may exer- 
cise the powers 
conferred upon 
constables. 



of competent juvisdiction within the district or county in 
which such offence was committed, bring the person so 
arrested before such trial justice or court. 

Section 2. Any executive officer or agent of any 
water board, or of any board of water commissioners or 
water company, furnishing water for domestic purposes, 
shall have and may exercise upon lands or water actually 
owned or held by such boards or company, or under their 
care or management, the powers conferred by section one 
of this act upon policemen and constables : provided^ that 
the powers of such officers or agents shall not be exercised 
upon an}' land situate more than five rods from such 
water. 

Section 3. None of tlie provisions of this act shall be rubiic sewage 
so construed as to interfere with the sewage of towns, fe^ld'wuh?*'"^' 
cities, or public institutions, or to prevent boating on or 
bathing or fishing in such water, or the enriching of land 
by the owner or occupant thereof for agricultural pur- 
poses. 

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

Approved April 16, 1879. 



An Act concerning set-off of debts due from legatees 
under wills and from distributees of intestate estates. 

Be it enacted, &c., as follows: 

Section 1. Whenever it shall appear to the probate 
court, in the settlement of the estate of a deceased person 
therein, that there is any debt due to a testator or intes- 
tate, or to his estate, from a legatee, heir or distributee, 
such debt shall be considered as part of the testator's, or 
intestate's estate so far as regards the payment of the leg- 
acy to such legatee, or the division- and distribution of 
such estate among the heirs and distributees, and shall 
be taken by such legatee towards his legacy, and by such 
heir and distributee towards his share in the estate of the 
intestate. 

Section 2. The probate court shall hear and deter- 
mine as to the validity and amount of the indebtedness of 
any legatee, heir or distributee, to a testator or intestate 
or to his estate, and make all necessary and proper 
orders and decrees in relation thereto, and to the applica- 
tion of the same as provided in the preceding section. 

Section 3. Any person aggrieved by any order, or 
decree of the probate court, in reference to any matters in 
this chapter mentioned, may appeal therefrom to the su- 
preme judicial court. 



Chap. 225 



Debt due from 
an heir, etc., to 
be taken by him 
towards his 
share in the 
estate. 



Court to deter- 
mine validity 
and amount of 
Indebtedness. 



Right of appeal. 



562 



1879. — Chapters 226, 227. 



N'ot to prevent 
other remedy 
for recovery of 
debt. 



Chap. 226 



Fee of $1 for 
entry of civil 
action in dis- 
trict, police and 
municipal 
courts. 



Recovery of 
costs when sev- 
eral actions are 
against same 
defendant. 



Repeal. 



Not to apply to 
pending cases. 



Chap. 227 



Fees of deputy 
sherifts, for at- 
tendance at 
court. 



Not to apply to 
Suftblk County. 



Salaried oflicers 
not to attend 
court. 



Section 4. Nothing in this act contained shall preju- 
dice any other remedy that an executor or administrator 
may have for the recovery of a debt due to the testator, 
or intestate, or his estate, from such heir, legatee or dis- 
tributee, or release such legatee, heir or distributee from 
the surplus of his indebtedness above the amount of his 
legacy or distributive share in the estate. 

Approved April 16, 1879. 

An Act relating to fees and costs in civil actions. 
Be it enacted, &c., as follows: 

Section 1. The plaintiff shall pay a fee of one dollar 
at the entry of an action, or filing of a complaint, in civil 
causes, in any district, municipal, or police court, which fee 
shall cover the filing of papers, examining, allowing and 
taxing the bills of costs, entering up the judgment and 
recording the same ; and he shall also pay for a writ of 
execution twenty-five cents ; which fees shall be allowed 
to the plaintiff if he recovers costs. 

Section 2. When a plaintiff, whether in the same or 
different courts, l)rings several actions against the same 
defendant upon demands or causes of action which, might 
have been'joined in one, or brings separate actions against 
defendants who might have been sued together, he shall 
recover costs in one action only, unless the court shall 
otherwise order after having heard the parties thereon. 

Section 3. Section ten of chapter one hundred and 
fifty-six of the General Statutes, and all acts and parts of 
acts so far as they are inconsistent herewith are hereby 
repealed. 

Section 4. This act shall take effect upon its passage 
but shall not apply to pending cases. 

Approved April 16, 1879. 

An Act concerning the fees of deputy sheriffs. 
Be it enacted, &c.y asfolloivs: 

Section 1. Deputy sheriffs shall be paid for attendance 
upon the supreme judicial court or the superior court four 
dollars a day ; and for travel out and home once a week 
during such attendance five cents a mile, to be paid out of 
the county treasury : provided, however, that this act shall 
not apply to the officers in attendance upon the sessions 
of the supreme judicial court or the superior court for civil 
and criminal business in the county of Suffolk. 

Section 2. No deputy sheriff" or constable in receipt 
of a salary from the county treasury shall be designated 



1879. — Chapters 228, 229. 



563 



to attend as an officer upon the sessions of the supreme 
judicial court or superior court. 

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

Approved April 16, 1879. 

An Act to authorize trial justices to admit prisoners to Chap. 228 

BAIL. 

Be it enacted, &c., as follows: 

Section 1. 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 word 
" chancery " at the end of the sixth line thereof the words 
" or a trial justice." 

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

Approved Apjril 16, 1879. 



Trial justices _ 
may admit pris- 
oners to bail. 
G. 8. 170, § 36. 
1874, 306, § 4. 



An Act relating to commitments to the reformatory 

PRISON for women. 

Be it enacted, &c., as follows: 

Section 1. Any woman convicted of the offence of 
drunkenness by the voluntary use of intoxicating liquor, 
who has been before convicted of that offence, may be 
punished by imprisonment in the reformatory prison for 
women for not less than four months and not more than 
two years. 

Section 2. The commissioners of prisons whenever 
they shall judge that there is good cause so to do, may, by 
an order in writing, transfer anj' woman from the reform- 
atory prison for women to the state workhouse at Bridge- 
water, or to the state almshouse at Tewksbury, there to 
be detained until the expiration of the term of time for 
which such woman was ordered to be imprisoned in the 
reformatory prison for women. 

Section 3. The commissioners of prisons, whenever 
they shall judge that there is good cause so to do, may, 
with the consent of any woman, who may be imprisoned 
in the reformatory prison for women, contract to have 
such woman employed in domestic service upon such terms 
as shall seem to said commissioners fit, having regard to 
her welfare and reformation, for a term of time, not exceed- 
ing the terra of imprisonment, as they shall approve. And 
if after such contracting for domestic service the conduct 
of such woman during the term of imprisonment shall 
not, in the opinion of said commissioners, be good, they 
may order the return of such women to the reformatory 
prison for women, there to be detained to the end of the 
original terra of irapiisonment. 



Chap. 229 



Commitment to 
reformatory 
prison upon sec- 
ond conviction 
of drunkenness. 



Commissioners 
may transfer 
prisoners to 
state work- 
house or state 
almshouse. 



May contract to 
have prisoner 
employed in 
domestic ser- 
vice, with her 
consent. 



k 



564 



1879. — Chapter 230. 



Additional pow- 
ers to city of 
Boston for lay- 
ing main sewer 
to Moon Island 
ip the harbor. 



Service of order SECTION 4. Service of any Order of removal made un- 
payn™ntof'*° del tlic provisions of tliis act shall be made, and the 
costs. costs thereof shall be paid, according to the provisions of 

section eighteen of chapter three hundred and eighty-five 
of the acts of the year eighteen hundred and seventy- 
four. Approved April 16, 1879. 

Chap. 2S0 An Act in addition to "an act to empower the city of 

BOSTON to lay AND MAINTAIN A MAIN SEWER DISCHARGING 
AT MOON ISLAND IN BOSTON HARBOR, AND FOR OTHER PUR- 
POSES." 

Be it enacted, t&c, as follows: 

Section 1. The city of Boston shall have authority, 
in addition to the powers now possessed by it, for the pur- 
pose of la^-ing and maintaining a main sewer running 
south-easterly from the direction of Charles River, to 
build and maintain wharves, pumping works, reservoirs 
and other structures on the main land, at or near the 
shore of the Calf Pasture, so called, in Dorchester Bay, 
thence to conduct said sewer by means of embankments 
and of a tunnel or siphon, not less than six thousand five 
hundred feet long, under the bottom of the harbor to that 
part of the town of Quincy called Squantura, thence along 
or across said Squantum and the flats and waters adjacent 
thereto to Moon Island ; or said city may build the sewer 
or siphon under the bottom of the harbor on a nearly 
direct line from said Calf Pasture to Moon Island. Said 
city shall have authority to build and maintain a reservoir 
or reservoirs, a pumping station, wharves and dwelling 
houses, and such other works as are essential to a proper 
and convenient discharge of the sewage at Moon Island. 
Said city shall have further authority to connect Moon 
Island with Squantum by means of a bridge or embank- 
ment to be used as a roadway. In any construction over 
tide water said city shall be subject to the direction of the 
harbor commissioners in the manner pointed out in chap- 
ter four hundred and thirty-two of the acts of the year 
eighteen hundred and sixty-nine. 

Section 2. The city of Boston shall have authority to 
take such lands, buildings, wharves and structures as may 
be necessary to accomplish the objects of the preceding 
section ; and all damages to private property, and for lands, 
buildings, wharves or structures taken under this act, shall 
be ascertained as prescribed in chapter forty-three of the 
General Statutes, and paid by the city of Boston. 

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

Approved April 16, 1879. 



City may build 
reservoir and 
pumping- 
statiou. 



May take land 
and buildings. 



Damages. 



1879. — Chapters 231, 232. 



565 



Sessions of the 
court. 



An Act relative to the sessions of the second district Chap. 2^1 

COURT OF PLYMOUTH. 

Be it enacted, &c., asfolloivs: 

Section 1. Section six of chapter three hundred and 
fifty of the acts of the year eighteen hundred and seventy- 
four is hereby amended by adding the following words, to 
wit : — 

Said second district court of Plj^mouth shall be held for 
civil and criminal business daily, except on Sundays and 
legal holidays. All writs in said court shall be made re- 
turnable at Abington in said district ; and Wednesday of 
each week shall be the return day of such writs. Any 
action may upon motion of either party thereto, be put 
upon the trial list to be tried on any day in either of the 
court towns in said district on such notice as the court by 
rule may order. Said court may adjourn from one court 
town to the other in said district, and hold a session 
therein ; and in the absence of the justice, the court may 
be so adjourned by the sheriff of the county or either of 
his deputies. 

Section 2. This act shall take effect on the first day 
of June eighteen hundred and seventy-nine. 

Approved April 16, 1879. 



Writs return- 
able at Abing- 
ton. 



Adjournment 
from one court 
town to another. 



To take effect 
June 1, 1879. 



An Act to establish the salaries of the justices of the 
district and police courts in the county of hampden, 
and of the clerk of the police court of springfield. 
Be it enacted, &c., as follows: 

Section 1. The standing justice of the police court of 
Springfield shall receive a salary of eighteen hundred dol- 
lars a year, and at the same rate for any part of a year ; the 
clerk of said court shall receive a salary of one thousand 
dollars a year, and at the same rate for any part of a year. 
Section 2. The standing justice of the police court of 
Holyoke shall receive a salary of fifteen hundred dollars a 
year, and at the same rate for any part of a year ; the 
standing justice of the police court of Chicopee shall re- 
ceive a salary of one thousand dollars a year, and at the 
same rate for any part of a year ; the standing justice of 
the district court of Eastern Hampden shall receive a 
salary of eight hundred dollars a year, and at the same 
rate for any part of a year. 

Section 3. All acts and parts of acts inconsistent 
herewith are hereby repealed. 

Section 4. This act shall take effect on the first day 
of May in the year eighteen hundred and seventy-nine. 

Approved April 16, 1879. 



Chap. 2^2 



Salaries. — 
Police court of 
Springfield. 



Police courts of 
Holj'oke and 
Chicopee. 



District court of 

Eastern 

Hampden. 



Repeal. 



To take effect 
May 1, 1879. 



566 



1879. — Chapters 233, 234. 



Chap.2S3 -A^N Act to establish the salaries of the justices akd 

CLERKS OF the DISTRICT AND POLICE COURTS IN THE COUNTY 
OF WORCESTER. 



Salaries. — 
Central district 
court of Worces- 
ter. 



Third district 
court of South- 
ern Worcester. 



Second district 
court of Eastern 
Worcester. 



First and second 
district courts 
of Southern 
Worcester. 



First district 
court of Eastern 
Worcester. 



Police court of 
Fitchburg. 



Clerk of second 
district court of 
Eastern 
Worcester. 



Repeal. 



To take effect 
May], 1879. 



Be it enacted, t&c, as follows: 

Section 1. The standinof justice of the central dis- 
trict court of Worcester shall receive a salary of twenty- 
five hundred dollars a year, and at the same rate for any 
part of a year ; the clerk of said court shall receive a sal- 
ary of two thousand dollars a year, and at the same rate 
for any part of a year ; the assistant clerk of said court 
shall receive a salary of eight hundred dollars a year, and 
at the same rate for any part of a year. 

Section 2. The standing justice of the third district 
court of Southern Worcester shall receive a salary of four- 
teen hundred dollars a year, and at the same rate for any 
part of a year ; tlie standing justice of the second district 
court of Eastern Worcester shall receive a salary of eight 
hundred dollars a year, and at the same rate for any part 
of a year ; the standing justices of the first and second 
district courts of Southern Worcester shall receive sala- 
ries of one thousand dollars each a year, and at the same 
rate for. any part of a year; the standing justice of the 
first district court of Eastern Worcester shall receive a 
salary of seven hundred dollars a year, and at the same 
rate for any part of a year ; the standing justice of the 
police court of Fitchburg shall receive a salary of one 
thousand dollars a year, and at the same rate for any part 
of a year. The clerk of said police court shall receive a 
salary of five hundred dollars a year, and at the same rate 
for any part of a year. 

Section 3. The clerk of the second district court of 
Eastern Worcester shall receive a salary of four hundred 
dollars a year, and at the same rate for any part of a year. 

Section 4. All acts and parts of acts inconsistent 
herewith are hereby repealed. 

Section 5. This act shall take effect on the first day 
of May in the year eighteen hundred and seventy-nine. 

Aiyproved April 16, 1879. 



Chan. 234 An Act to establish the salaries of the justices and 

CLERKS OF the DISTRICT AND POLICE COURTS IN THE COUNTY 

OF ESSEX. 

Be it enacted, &c., as folloios: 

Section 1. The standing justice of the first district 
Salaries.— court of Esscx shall receive a salary of sixteen hundred 
comt of Essex, dollai's a year, and at the same rate for any part of a year; 



1879. — Chapter 235. 



567 



the clerk of said court shall receive a salary of one thou- 
sand dollars a year, and at the same rate for any part of a 
year. 

Section 2. The standing justices of the police courts 
of Gloucester, Haverhill and Lynn shall receive salaries 
of fourteen hundred dollars each a year, and at the same 
rate for any part of a year; the clerks of the police courts 
of Gloucester and Haverhill sliall receive salaries of six 
hundred dollars each a year, and at the same rate for any 
part of a year ; and the clerk of the police court of Lynn 
shall receive a salary of eight hundred dollars a year, and 
at the same rate for any part of a year. 

Section 3. The standing justice of the police court of 
Lawrence shall receive a salary of eighteen hundred dol- 
lars a year, and at the same rate for any part of a year ; 
the clerk of said court shall receive a salary of one thou- 
sand dollars a year, and at the same rate for any part of a 
year. 

Section 4. The standing justice of the police court 
of Newburyport shall receive a salary of seven hundred 
dollars a year, and at the same rate for any part of a year ; 
the clerk of said court shall receive a salarj^ of six hun- 
dred dollars a 3'ear, and at the same rate for any part of a 
year. 

Section 5. The judicial district now under the juris- 
diction of the police court of Newburyport is enlarged by 
including within the jurisdiction of said police court the 
town of Newbury : provided, that nothing herein con- 
tained shall affect any proceeding duly commenced when 
this act shall take effect before any trial justice thereto- 
fore having jurisdiction of the same. 

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

Section 7. This act shall take effect on the first day 
of May in the year eighteen hundred and seventy-nine. 

Approved April 16, 1879. 



Police courts of 
Gloucester, 
Haverhill and 
Lynn. 



Police court of 
Lawrence. 



Police court of 
Newburyport. 



Jurisdiction en- 
larged. 



Proviso. 



Repeal. 



To take effect 
May 1, 1879. 



An Act establishing the salaries of the secretary and Chap. 235 

CLERK OF THE BOARD OP AGRICULTURE. 

Be it enacted, &c., as follows : 

Section 1. The secretary of the board of agriculture salaries of secre- 
shall receive a salary of two tliousand dollars a year, and ^^^ an c e . 
at the same rate for any part of a year. The salary of the 
clerk of said board shall be one thousand dollars a year, 
and at the same rate for any part of a year. 

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



568 



1879. — Chapters 236, 237, 238. 



To take effect 
May 1, 1879. 



Section 3. This act shall take effect on the first day of 
May ill the year eighteen hundred and seventy-nine. 

Approved April 16, 1879. 



Chap. 236 An Act in relation to office hours of state departments. 
Be it enacted, &c., as follows: 

Section 1. The offices of all the departments of the 
state government shall be open to the public, for the 
transaction of business, dail}^ except on Sundays and 
legal holidays, from nine o'clock in the forenoon until five 
o'clock in the afternoon ; and except on Saturdays when 
they may be closed at two o'clock in the afternoon. 

Section 2. Chapter sixty-seven of the acts of the 
year eighteen hundred and sixty-six is hereby repealed. 

Section 3. This act shall take effect on the first day 
of May in the year eighteen hundred and seventy-nine. 

Approved April 16, 1879. 



Office hours of 
state depart- 
ments. 



Repeal of 1866, 



To take effect 
May 1, 1879. 



Chap.2S1 



Recovery of 
land unlawfully 
held after fore- 
closure of 
mortgage. 



Condition of 
recognizance. 



Chap. 238 



Salaries of dis- 
trict attorneys. 



An Act to provide for the recovery of lands unlawfully 

held after the foreclosure of mortgages. 
Be it enacted, &c., as follows : 

Section 1. When a mortgage of real estate is fore- 
closed by a sale under a power contained therein, or other- 
wise, and the person having a valid title to such estate 
is kept out of possession by any person without right, he 
may recover such possession in the manner provided in 
chapter one hundred and thirty-seven of the General Stat- 
utes for the recovery of lands unlawfully held by tenants ; 
but the condition of the recognizance required in case of 
appeal or removal on the part of the defendant shall be, 
to enter the action, and to pay to the plaintiff a reason- 
able sum as rent of the premises, from the day the 
mortgage is foreclosed until such possession is obtained, 
together with all costs, if the final judgment is for the 
plaintiff. 

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

Approved April 18, 1879. 

An Act to establish the salaries of the district attor- 
neys AND THE assistant DISTRICT ATTORNEY'S, AND THE CLERK 
OF THE DISTRICT ATTORNEY FOR THE SUFFOLK DISTRICT. 

Be it enacted, &c., as follows : 

Section 1. The salaries of the district attorneys for 
the northern, eastern, south-eastern, southern, middle, and 
western districts shall be sixteen hundred dollars each a 
year ; for the north-western district, twelve hundred dol- 



1879. — Chapters 239, 240, 241. 



569 



Salaries of 
asBistant dis- 
trict attorneys 
for Suffolk. 



lars a year; for the Suffolk district, forty -five hundred 
dollars a year; and at the same rates for any part of a 
year. 

Section 2. The salary of the first assistant district 
attorney for the Suffolk district shall be twenty-four 
hundred dollars a year; the salary of the second assistant 
district attorney for the Suffolk district shall be two 
thousand dollars a year; the salary of the clerk of the dis- salary of clerk. 
trict attorney for the Suffolk district shall be one thousand 
dollars a year ; and at the same rates for any part of a 
year. 

Section 3. All acts and parts of acts inconsistent Repeal, 
herewith are hereby repealed. 

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

Approved April 18, 1879. 

An Act TO revive "an act to supply the town of water- Chap, 2S9 

TOWN WITH PURE WATER." 

Be it enacted, &c., as follows: 

Chapter one hundred and ninety-nine of the acts of the 
year eighteen hundred and seventy-five, being " An Act 
to supply the town of Watertown with pure M^ater," is 
hereby revived and continued in force for two years from 
the date of the passage of this act. 

Approved April 18, 1879. 



Act revived and 
continued in 
force for two 
years. 
1875, 199. 



An Act to revive "an act to supply the city of new- Chap. 24:0 

BURYPORT WITH WATER." 

Be it enacted, &c., as follows : 

Chapter two hundred and forty of the acts of the year Act revived and 
eighteen hundred and seventy-eight, being " An Act to forcefort^o 
supply the city of Newburyport with Water," is hereby {87T240 
revived and continued for two years from the passage of 
this act. Approved April 18, 1879. 



An Act relating to the re-construction of bridges by the Chap. 24:1 

FALL RIVER, WARREN AND PROVIDENCE RAILROAD COMPANY 
OVER cole's river AND LEE's RIVER. 

Be it enacted, &c., as follows: 

Section 1. The Fall River, Warren and Providence Bridges across 
Railroad Company, in the re-construction of its bridges EeL^s^Riven^"^ 
across Cole's River and Lee's River shall build the same 
upon plans to be approved by the harbor commissioners, 
who shall also determine from time to time whether either 
or both of said bridges shall have a draw ; and any order 



570 



1879. — Chapters 242, 243. 



Repeal. 



Chap 



Settlement of 
paupers. 



Married women 
and widows. 



Chap. 243 



of said commissioners in regard to said draws made at or 
after the construction of said bridges shall be carried out 
by said railroad company at the expense of said company. 

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

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

Ax>proved April i<9, 1879. 

.242 An Act to amend "an act concerning the settlement of 

PAUPERS." 

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

Section 1. Section one of chapter one hundred and 
ninety of the acts of the year eighteen hundred and sev- 
enty-eight is hereby amended by striking out, in the sixth 
clause thereof, the words " without receiving relief as a 
pauper," and by adding at the end of said section the 
words following: '■'■provided, however, that nothing in this 
section contained shall be construed to give to any person 
the right to acquire a settlement, or be in process of ac- 
quiring a settlement while receiving relief as a pauper, 
unless within five years from the time of receiving such 
relief he shall reimburse the cost thereof to the city or 
town furnishing the same." 

Section 2. Tlie provisions of said sixth clause shall 
be held to apply to married women who have not a settle- 
ment derived by marriage under the provisions of the first 
clause, and to widows; and a settlement thereunder shall 
be deemed to have been gained b}' any unsettled woman 
upon the completion of the term of residence therein men- 
tioned, although the whole or a part of the same accrues 
before the passage of this act. Ajyproved April 22, 1879. 

An Act to amend chapter seventy-oxe of the acts of the 

year EIGHTEEN HUNDRED AND SEVENTY-XIXE, IX RELATION TO 
THE PAYMENT OF DEBTS BY EXECUTORS AND ADMINISTRATORS. 

Be it enacted, &c., as follows: 

Sp:ction 1. The provisions of chapter seventy-one of 



Estate in process 

notTobeaffected ^^^^ ^^^^ ^^ ^hc ycar eighteen hundred and seventy-nine 
by 1879, -1. shall not apply to, or affect, any estate in process of settle- 
ment at the time of the passage thereof. 

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

Approved April 22, 1879. 



1879. — Chapters 2U, 245. 571 

An Act in addition to "an act to amend chapter for- Chap/IA^ 

TY-FOUR OF THE GENERAL STATUTES IN RELATION TO THE RE- 
PAIR OF HIGHWAYS, AND REMEDIES FOR INJURIES SUSTAINED 
THEREON." 

Be it enacted^ &c., as follows: 

Section 1. Section four of chapter two hundred and Notice to be 
thirty-four of the acts of the year eighteen hundred and Scehed'upoZ 
seventy-seven is hereby amended by striking out the words ''■I'ls^^ay. 
" or to any police officer," in the fourth and fifth lines of 
said section, and by adding after the word " behalf," in the 
eighth line, the words " and shall in every case be in writ- 
ing signed by the person injured, or by some person there- 
to by him duly authorized." 

Section 2. This act shall not affect any action now Pending action, 
pending or cause of action now existing. etc.notatiected. 

Approved April 22, 1879. 

An Act concerning estates of insolvent debtors. Chap. 245 

Be it enacted, &c., as follows: 

Section 1. Section twenty-five of chapter one hun- H^^^^'";'^^^® 
dred and eighteen of the General Statutes is hereby claimed by 
amended by inserting before the word '• no " in the last '**^'^'^''^- 
line but one, the following: — "When any of the property 
of a debtor shall consist of a lease or agreement in writ- * 
ing, whereby he is liable for the rent therein reserved or 
for the use and occupation of premises as therein stipu- 
lated, the assignee at any time may, and at the request in 
writing of either the debtor, or of the lessor, or of those 
having his estate in the premises, shall, within twenty 
days after such request, by a written instrument filed with 
the records of the case, elect either to accept and hold 
under said lease or agreement in writing, or to disclaim 
the same; and, if he elects to disclaim, such lease or agree- 
ment in writing shall thereupon be deemed to have been 
surrendered as of the day on which said disclaimer was so 
filed. And the debtor, provided he obtains his discharge Debtor not to be 
in said proceedings in insolvency, shall be discharged from h^'obuins'ilfs '^ 
all liability under or by reason of said lease or agreement fjjgol^^'n^cy" 
in writing, whether the assignee does or does not disclaim 
the same as aforesaid; and the lessor, or those having his Lessor may 
estate in the premises, may prove such damages, if any, asd^tagalntt 
as are caused by such surrender, as a debt against the the estate. 
estate of the debtor ; but this section shall not apply to 
leases or agreements in writing as aforesaid now in force." 

Section 2. Section thirty of said chapter is hereby 
amended by inserting after the word " made," in the first 



572 



1879. ~ Chapter 2-45. 



Before whom 
oath to be taken 
for proof of 
claim. 



Effect of 
assignment. 
G. 8. 118, § 44. 



Effect of 
discharge. 
a. S. 118, § 76. 



I)ischarge of 
debtor to be 
annulled, in case 
of fraud. 



line, the words " within this state ; " and by inserting after 
the word " peace," in the same line, the following : " and, 
without the state, before a notary public or commissioner 
for Massachusetts, and, if the creditor is in a foreign coun- 
try, before a minister, consul, or vice-consul, of the United 
States. 

Section 3. Section forty-four of the same chapter is 
hereby amended by inserting after tlie word " warrant," in 
the fifth line, the following : " in case of voluntary'- pro- 
ceedings, and at the time of the first publication of notice 
of the filing of the petition in cases of involuntary pro- 
ceedings." 

Section 4. Section seventy-six of said chapter is 
hereby amended by adding thereto the following: — "Such 
discharge may be pleaded by a simple averment, that on 
the day of its date such discharge was granted to the 
debtor, setting forth a full copy of the same in its terms, 
as a full and complete bar to all suits brought on any such 
debts or demands. The certificate shall be conclusive evi- 
dence in favor of such debtor of the fact and regulaiity 
of such discharge. Any creditor of a debtor whose debt 
was proved or provable against the estate in insolvency, 
who desires to contest the validity of the discharge on the 
ground that it was fraudulently obtained, may at any time 
within two years after the date thereof apply to the court 
which granted it to annul the same. The application shall 
be in writing, and shall specify which in particular of the 
several acts mentioned in section eighty-seven it is in- 
tended to prove against the debtor, and set forth the 
ground of avoidance ; and no evidence shall be admitted 
as to any other of such acts, but the application shall be 
subject to amendment at the discretion ol the court. ±he 
court shall cause reasonable notice of the application to be 
given to the debtor, and order him to appear and answer 
the same within such time as to the court shall seem 
proper. If upon the hearing of the parties the court finds 
that the fraudulent acts, or anj' of them, set forth by the 
creditor against the debtor, are proved, and that the cred- 
itor had no knowledge of the same until after tiie granting 
of tlie discharge, judgment shall be given in favor of the 
creditor, and the discharge of the debtor shall be annulled; 
but if the courts find tliat the fraudulent acts, and all of 
them, so set forth, are not proved, or tliat they were known 
to the creditor before the granting of the discharge, judg- 
ment shall be given in favor of the debtor, and the validity 
of his discharge shall not be affected by the proceedings." 



1879. — Chapter 245. 



573 



Section 5. Section seventy-nine of said chapter is 
hereby amended by inserting after the word "estate," in 
the fourth line, the following : " or a debt created by the 
fraud or embezzlement of the debtor." 

Section 6. Section ninety-five is amended by adding 
thereto the following : " but the judge, at any time after 
the assignment, on the request of the assignee or any cred- 
itor, and upon such notice to creditors and assignee as he 
shall think proper, may in his discretion order the payment 
in whole or in part, of claims entitled to priority or prefer- 
ence under the provisions of this chapter." 

Section 7. Section one hundred and three of said 
chapter is hereby amended by striking out the clause be- 
ginning with the words " or if," in the sixth line, and end- 
ing with the words " twenty-three," in the eleventh line ; 
also by inserting after the word "property," in the seven- 
teenth line, the ' following : " or who being a banker, 
broker, merchant, trader, manufacturer, or minor, has 
fraudulently stopped payment, or who has stopped or 
suspended and not resumed payment, of his commercial 
paper within a period of fourteen days ; " also by adding 
at the end of said section the following: — "And the regis- 
ter shall cause a notice of the filing of such petition to be 
inserted at least once a week, for three successive weeks, 
in one or more newspapers, but in no event exceeding two, 
published in said county, and shall immediately make and 
file with the papers in the case a certificate of the fact and 
date of publication ; and the actual expense of such publi- 
cation shall constitute one of the legal charges in the case, 
to be paid, and secured to be paid, in the same manner as 
the fee for issuing the warrant. And the judge may, after 
the commencement of proceedings by or against the 
debtor, and before the time of hearing on the petition, 
by injunction restrain the debtor and any other person 
from making any transfer or disposition of any part of the 
debtor's property not by law exempt from attachment, and 
from any interference therewith ; and if it shall appear 
that there is probable cause for believing that the debtor 
is about to conceal or remove from the state his goods and 
chattels or his evidence of property, or any part of the 
same, or to make any fraudulent conveyance or disposition 
thereof, the judge may issue a warrant under his hand to 
the sheriff of the county, or either of his deputies, direct- 
ing him forthwith as messenger to take possession of all 
the estate, real and personal, of the debtor, not by law ex- 
empt frorri attachment, and safely keep the same until the 
further order of the court." 



Debts from 
fraud or em- 
bezzlement not 
discharged. 



Payment of pre- 
ferred claims by 
order of judge. 



Applications by 
creditors. 



Publication of 
notice of filing 
petition. 



Transfer of 
property may be 
restrained by 
injunction. 



574 



1879. — Chapter 245. 



Feef for issuing 
wnrrant, order- 
ing dividend, 
etc. 



Deposit for pay- 
ment of fees. 



Proviso. 



Assignee may 
be required at 
any time to give 
bond. 



Bond to be ap- 
proved by judge. 



Repeal. 



Section 8. Section one hundred and twenty-five of 
said chapter is hereby amended by striking out the word 
" five," in the third and fifth lines, and inserting in place 
thereof the word " three ; " and by striking out the word 
" seven," in the fourth line, and inserting in place thereof 
the word " five ; " also by inserting after the clause ending 
with the word " register," in the twelfth line, the follow- 
ing : — " all moneys so deposited to secure the payment of 
fees shall be applied by the register to the payment of fees 
accrued, and the expenses of publication, if any be in- 
curied b}- him, on the da3's on which he is to pay over 
money in his hands to the treasurer of the Commonwealth, 
unless such payment is made before said days, out of the 
assets of the estate, and the surplus, if any, shall be paid 
over to the assignee in the case as assets of the estate; and 
whenever in any case the full amount of the deposit shall 
have been applied to the payment of said fees, a further 
deposit may be required : provided, however, that in cases 
where the deposit is made by parties other than the 
debtor, the amount of the same shall be repaid to the de- 
positor out of the assets remaining in the hands of the 
assignee upon settlement of his account before any divi- 
dend is ordered, or so much of said amount as said assets 
shall be sufficient to pay. The judge may in his discre- 
tion order the fees for a special meeting, or an adjourn- 
ment of any meeting, to be paid by the party applying for 
the same." 

Section 9. The judge at any time may, and upon the 
request filed in writing of one-fourth in number and value 
of the creditors who have proved their claims shall, re- 
quire the assignee to give good and sufficient bond to the 
judge and his successors in office, with a condition for 
the faithful performance and dischaige of his duties. 
The bond shall be approved by the judge by his indorse- 
ment thereon, shall be filed with the record of the case, 
and inure to the benefit of all creditors proving their 
claims, and may be prosecuted in the manner provided for 
the prosecution of administiation bonds. 

Section 10. Section four of chapter one hundied and 
seventy-nine of the acts of the year eighteen hundicd and 
sixty -two, and all acts and parts of acts inconsistent with 
the provisions of this act are hereby repealed. 

Approved April 22, 1S79. 



1879. — Chapters 246, 247. 



575 



An Act fixing the salaries op county treasurers. Chap. 246 

Be it enacted^ t&c, as follows : 

Section 1. The treasurers of the several counties of salaries of coun- 
the Commonwealth hereinafter named shall receive an *^ 
annual salary, in full for all services by them performed, 
as follows: — For the county of Berkshire, twelve hun- 
dred dollars; for the county of Hampden, twelve hundred 
dollars ; for the county of Hampshire, six hundred dollars ; 
for the county of Norfolk, twelve hundred dollars; for the 
county of Middlesex, eighteen hundred dollars. 

Section 2. This act shall take effect on the first day TotakeeflF 
of May in the year eighteen hundred and seventy-nine. May i, mo. 

Approved April 22, 1879. 



An Act to establish the salaries of the justices and 

CLERKS of the DISTRICT AND POLICE COURTS IN THE COUNTY 
OF MIDDLESEX. 

Be it enacted, <&c., asfoUoivs: 

Section 1. The standing justices of the police courts 
of ].,owell and Cambridge shall receive salaries of eighteen 
hundred dollars each a year, and at the same rate for any 
part of a year ; the clerks of said courts shall receive 
salaries of one thousand dollars each a year, and at the 
same rate for any part of a year. 

Section 2. The standing justices of the police court 
of Somerville, the first district court of Southern Middle- 
sex, and the first district court of Eastern Middlesex, shall 
receive salaries of twelve hundred dollars each a year, and 
at the same rate for any part of a year ; the clerk of the 
first district court of Eastern Middlesex shall receive a 
salary of eight hundred dollars a year, and the clerk of 
the first district court of Southern Middlesex, and of the 
police court of Somerville, shall receive salaries of six 
hundred dollars each a year, and the clerk of the first 
district court of Northern Middlesex, a salary of four 
hundred dollars a year, and at the same rate for any part 
of a year. 

Section 3. The standing justice of the first district 
court of Northern Middlesex shall receive a salary of 
eight hundred dollars a year, and at the same rate for any 
part of a year ; the standing justice of the district court 
of Central Middlesex shall receive a salary of six hundred 
dollars a year, and at the same rate for any part of a year. 

Section 4. The standing justice of the police court of 
Newton shall receive a salary of eight hundred dollars a 
year, and at the same rate for any part of a year ; and the 



Chap.2il 



Salaries. — 
Police courts of 
Lowell and 
Cambridge. 



Police court of 
Somerville, and 
first district 
courts of South- 
ern, Eastern 
and Northern 
Middlesex. 



District court of 
Central Middle- 
sex and first 
district court of 
Northern Mid- 
dlesex. 



Police court of 
Newton. 



576 



1879. — Chapter 248. 



Repeal. 



To take effect 
May 1, 1879. 



clerk of said court shall receive a salary of four hundred 
dollars a year, and at the same rate for any part of a year. 

Section 5. All acts and parts of acts inconsistent 
herewith are hereby repealed. 

Section 6. This act shall take effect on the first day 
of May in the year eighteen hundred and seventy-nine. 

Approved April 22, 1879. 



Chap. 248 An Act to establish the salaries of the justices and 

CLERKS OF THE DISTRICT COURTS OF THE COUNTY OF PLYM- 
OUTH. 



Salaries of 

justices. 
District courts 
of Plymouth. 



Salaries of 
clerks. 



Jurisdiction of 
second district 
court enlarged. 



Sessions of 
third district 
court. 



Repeal. 



To take effect 
June 1, 1879. 



Be it enacted, &c., as follows: 

Section 1. The standing justice of the first district 
court of Plymouth shall receive a salary of ten hundred 
dollars a year ; the standing justice of the second district 
court of Plymouth shall receive a salary of eleven hun- 
dred dollars a year; the standing justice of the third 
district court of Plymouth shall receive a salary of seven 
hundred dollars a 3'ear; and the standing justice of the 
fourth district court of Plymouth shall receive a salary of 
eight hundred dollars a year ; and each at the same rate 
for any part of a year. 

Section 2. The clerk of the first district court of Plym- 
outh shall receive a salary of four hundred dollars a 
year ; the clerk of the second district court of Plymouth 
shall receive a salary of five hundred dollars a year ; the 
clerk of the third district court of Plymouth shall receive 
a salary of three hundred dollars a year ; and the clerk of 
the fourth district court of Plymouth shall receive a salary 
of four hundred dollars a 3^ear ; and each at the same rate 
for any part of a year. 

Section 3. The judicial district, now under the juris- 
diction of the second district court of Plymouth, in said 
county, is hereby enlarged by including within the juris- 
diction of the said second district court of Plymouth the 
town of Scituate in said county. 

Section 4. The third district court of Plymouth shall 
be holden at Plymouth in said county for the transaction 
of criminal business, daily, except on Sundays and legal 
holidays, and for civil business on Monday of each week. 

Section 5. All acts and parts of acts inconsistent here- 
with are hereby repealed. 

Section 6. This act shall take effect on the first day 
of June in the year eighteen hundred and seventy-nine. 

Approved April 22, 1879. 



1879. — Chapter 249. 



577 



Town may ex- 
tend dam across 
Westfield River, 
or erect new 
dam. 



An Act to provide for the further protection of the Chap. 249 

TOWN OF WESTFIELD FROM FLOODS. 

Be it enacted^ &c., as follows: 

Section 1. The town of Westfield may at any time 
within two years after the passage of this act extend the 
dam across Westfield River, near the " Great River Mills," 
so called, in said town, belonging to Samuel Horton, at 
the southerly end of said dam, at a uniform height with 
the present dam, to a length not exceeding ninety feet in 
addition to the present dam ; or may entirely remove the 
present dam, and construct a new one in or near substan- 
tially the same place as the present dam, of the same 
height and of the same length, or of any greater length, 
not exceeding ninety feet as aforesaid ; or may construct 
such new dam, as a permanent dam, at a height not more 
than three feet below the top of the present dam, and 
adapt such new dam to and provide it with flash-boards at 
the time of its erection, not more than three feet high, and 
capable of sustaining a body of water not more than four 
feet above the top of the present dam, or may construct 
such new dam without flash-boards ; or may entirely re- 
move the present dam, and not rebuild the same. Said 
town may enter upon any lands lying upon the southerly 
side of said river, within the limits of said town, and re- 
move and take away and appropriate to its own use any 
earth, gravel, stones, walls or other materials there being, 
or any buildings standing thereon, for the purpose of 
securing the free and unobstructed flow of the water of said 
river over said dam as the same may be lengthened or re- 
built, and down said river. And said town may purchase 
and hold all or any part of the real estate, including the 
present dam and the water power connected therewith, 
now owned by Samuel Horton, lying in said town upon 
and near said river, and upon both sides thereof, for the 
purpose of carrying out the provisions of this act, and 
may convey all or any part of the same. 

Section 2. Said town shall do no act under the pre- 
ceding section until such act shall be authorized by a vote 
of the inhabitants Df said town at a legal town meeting 
specially called for that purpose, and held within six 
months from the passage of this act ; and except in conformity 
with such vote, said dam if entirely removed, in pursuance 
of a vote passed by said town, as above provided, to remove 
and not to rebuild the same, shall not again be rebuilt ; 
and except as aforesaid if it shall be lengthened or rebuilt 
with or without flash-boards, it shall not thereafter be re- 



May enter upon 
lands and take 
away earth, etc. 



May purchase 
dam and water 
power owned by 
Samuel Horton. 



Subject to a vote 
of the town at a 
special meeting. 



578 



1879. — Chapter 249. 



I.pngth and 
hi-iaht of dam 
and flash- 
boards. 



County commis- 
Bioners to be 
notified. 



Plan to be 
recorded. 



Application for 
damages. 



Party aggrieved 
entitled to a 
jury. 



Damages and 
expenses to be 
paid by the 
town. 



Powers may be 
exercised by a 
committee. 



duced in length or increased in height, or the flash-boards 
increased in height, or made capable of sustaining a body of 
water more than four feet higher than the top of the pres- 
ent dam. 

Section 3. As soon as practicable after said dam has 
been lengthened or rebuilt in conformity with the provis- 
ions of this act, said town shall give notice thereof to the 
county commissioners of the county of Hampden ; and 
said commissioners shall then cause a permanent mark of 
the height thereof and a plan and description of said dam 
and its flash-boards, if any, indicating the length and 
height of said dam and flash-boards, to be made, and said 
plan and description shall be recorded in the registry of 
deeds for said county. 

Section 4. Any person injured in his property by the 
removal of said dam, or by any act done by said town 
under the authority of this act, if he cannot agree with 
said town as to the amount of his damages, may at any 
time within three years from the passage of this act apply 
to the county commissioners for the county of Hampden 
to estimate his damages occasioned thereby ; and the pro- 
ceedings thereon shall be the same as are by law now pro- 
vided in the case of damages occasioned by the laying out 
or alteration of highways. Any pai'ty aggrieved by the 
decision of the county commissioners shall be entitled to a 
jur}^ to determine the amount of his damages, unless he 
agrees with the parties adversely interested to have the 
same determined by a committee to be appointed under 
the direction of the commissioners, if applied for at a 
meeting at which the decision of the county commission- 
ers is rendered, or at the next regular meeting thereafter, 
but not afterwards ; and the proceedings thereon shall be 
the same as now provided in the case of highways. 

Section 5. All damages sustained by any party, and 
all expenses incurred by said town, under this act, shall be 
borne and paid by said town, and tlie amount thereof 
assessed and collected as other town taxes are assessed and 
collected ; and any or all the authority conferred upon 
said town under this act may be exercised by any special 
committee of the inhabitants of said town chosen at any 
legal town meeting specially called for that purpose. 

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

Apjjroved ^Ijiril 22, IS7U. 



1879. — Chapter 250. 



579 



May mortgage 
franchise and 
property. 



An Act to authorize the Worcester and nashda railroad Chap. 250 

. COMPANY TO MORTGAGE ITS ROAD. 

Be it enacted., (fcc, as follows: 

Section 1. The Worcester and Nashua Raih-oad Com- 
pany is authorized under the provisions of the statutes of 
the Commonwealth of Massachusetts to mortgage the 
whole or any part of its property, real or personal, includ- 
ing its franchise, not exceeding in amount at any time the 
capital paid in for the purpose of securing such bonds as 
have been, or may be issued by said company, and its pre- 
existing debts and liabilities : provided^ that any such ProviBo. 
mortgage sliall be so drawn as to secure the bonds of the 
Nashua and Rochester Railroad guaranteed by the Worces- 
ter and Nashua Railroad Company, equally with the 
bonds of said Worcester and Nashua Railroad Company, and 
the annual rental or interest on the capital stock of said 
Nashua and Rochester Railroad according to the terms of 
the lease existing between it and the Worcester and Nashua 
Railroad Company, or any modifioation thereof at the time 
of said mortgage ; and provided., said mortgage shall not Proviso. 
affect or discharge any valid attachment or lien on the 
property of said Worcester and Nashua Railroad Company 
existing at the date of said mortgage, and provided., also, 
said mortgage shall not aifect the liabilities, if any there 
are, of the said company to the bondholders and stock- 
holders of the Lancaster Railroad Company. 

Section 2. At the request of any owner or holder of May issue new 
an}'' coupon bonds lawfully issued, the said Worcester and ^°"p°" 
Nashua Railroad Company may issue new coupon bonds in 
exchange for and in lieu of them, upon such terms and 
under such regulations as may be prescribed by the board 
of directors of said company, with the consent and 
approval of the trustees to whom any mortgage or pledge 
shall be executed. Such exchange of bonds shall not 
affect the said mortgage, and said mortgage shall remain 
in force for such new bonds : provided., that the old bonds proviso, 
shall be cancelled and destroyed at the same time the new 
bonds are exchanged in lieu thereof. 

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

Approved April 22, 1879. 



580 1879. — Chapters 251, 252. 

Chap.2o\ An Act to extend the time within which the Massachu- 
setts INSTITUTE OF TECHNOLOGY MAY ERECT BUILDINGS UPON 
CERTAIN LAND IN THE CITY OF BOSTON. 

Be it enacted, &c., as follows: 
Time fur erec- SECTION 1. Chapter oiiG hundred aiid tliirty-oue of the 

extended"'''^'"^' ^^cts of the vear eighteen hundred and seventy-seven is here- 
by so amended that the time within which the ^Nlassachu- 
setts Institute of Technology may erect a suitable building 
for the permanent use of said institute, upon the land 
described in chapter one hundred and seventy-four of the 
acts of the year eighteen hundred and seventy-three, shall 
be extended for the term of two years from the eleventh 
day of April in the year eighteen hundred and seventy- 
nine. 

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

Approved April 22, 1879. 

Chap. 252 ^^ ^^'^ ^^^ '^HE benefit of indigent SOLDIERS AND SAILORS. 

Be it enacted, &c., as follows: 
Cities and SECTION 1. Any city or town may raise money and 

rail" m™ney for Under thc direction of its mayor and aldermen or select- 
indigent soldiers ij^QXi may, under the followinsf conditions, pay sums thereof 

and sailors. "', - o 'r./_ 

to or expend them lor any worthy person having his settle- 
ment under the pauper laws in such city or town, who 
shall have the description and qualifications of the first 
class of persons described in section two, or of the second 
class described in section three, of this act. 
First class. SECTION 2. Each pcrson of the first class shall be quali- 

Qualilications. /> i f> n 

ned as lollows : — 

First. He shall have served as a soldier, sailor, or com- 
missioned officer, in the army or navy of the United States, 
to the credit of this Commonwealth, or, having been an 
actual resident of this state at the time of his enlistment, 
he shall have served to the credit of any other state be- 
tween the nineteenth day of April in the year eighteen 
hundred and sixty-one and the eighteenth day of March 
in the year eighteen hundred and sixty-two, and shall have 
been honorably discharged from such service. 

Second. He shall be a poor and indigent person, stand- 
ing in need of relief, by reason of sickness or other physi- 
cal disability, who would otherwise be entitled to relief 
under the })auper laws. 

Third. He shall not be, directly or indirectly, in the 
receipt of any other pension or state aid. 

Fourth. He shall not be entitled, under the laws of the 
United States, or under the rules governing such institu- 



1879. — Chapter 252. 581 

tions, to admission to any national soldiers' or sailors' 
home ; and his disability must have arisen from causes 
independent of his service aforesaid, except in such cases 
of applicants for pensions while their applications are 
pending, as the mayor and aldermen or selectmen are satis- 
fied upon evidence first reported to the commissioners 
named in section six of this act, and satisfactory to them, 
that justice and necessity require such aid to prevent actual 
suffering, and, in case of such unmarried applicants, that 
they cannot obtain assistance at a national soldiers' home. 

Section 3. Each person of the second class shall be ^^''°i"g^.^Jf^^; 
qualified as follovi^s: He shall be an invalid pensioner, 
married before the date of this act, and living with his 
wife in marital relations .in this Commonwealth, and en- 
titled to receive state aid under the provisions of chapter 
one hundred and ninety-two of the acts of the year 
eighteen hundred and seventy-seven, whose pension and 
state aid shall be inadequate for his relief, and who would 
otherwise receive relief under the pauper laws : provided, 
that no person receiving aid under this act shall receive 
aid under the provisions of chapter one hundred and 
ninety-two aforesaid ; and any person receiving aid under 
this act may be required by the mayor and aldermen or the 
selectmen granting him the same, or by the commissioners 
of state aid, as a condition of granting said aid, to pay 
over his pension to said mayor and aldermen or select- 
men, to be expended for his relief before he shall receive 
aid under this act ; but no person shall be compelled to 
receive aid under this act without his consent. 

Section 4. All aid furnished under the provisions of Amount of aid 
this act shall be applied solely for the benefit of the person ^'^^'^ """^ 
for whom it is intended, and no greater sum shall be paid 
to or for any person under this act than shall be necessary 
to furnish him reasonable relief or support ; and no sum 
shall be paid to or for any person competent to support 
himself, or in receipt of income or in ownership of property 
sufficient for his own support, nor to or for any person 
more than is necessary in addition to his income and 
property for his personal relief or support. And no relief 
shall be given under this act to or for any person whose 
necessity therefor is caused by voluntary idleness, or who 
is known to be in the practice of vicious and intemperate 
habits. 

Section 5. No person shall be required to receive the no person to 
relief or support furnished under this act in any almshouse [ess hi desires 
or public institution, unless his physical or mental condi- »*• 



582 



1879. — Chapter 252. 



Commissioners 
of state aid. 



Amount ex- 
pended, etc., to 
be certified un- 
der oath to the 
auditor. 



Commissioners 
to allow pay- 
ments as they 
deem proper. 



Expenses of 
commiHsioncrs 
to be ])aid by 
the state. 



tion requires it, or he chooses to do so ; and except in such 
cases it shall be paid to, or expended for, only those per- 
sons who live separately from persons receiving support as 
paupers. 

Section 6. The auditor of the Commonwealth, the 
adjutant-general, and some competent third person to be 
appointed by tlie governor and council, with a salary to be 
fixed by them not exceeding fifteen hundred dollars per 
annum, wlio shall devote his whole time to the duties of 
his office, shall be commissioners of state aid, and shall 
perform the duties required of such commissioners by this 
act, and by chapter one hundred and ninety-two of the 
acts of the year eighteen hundred and seventy-seven and 
other laws. Said commissioners shall investigate all pay- 
ments of money under any and all of said acts, so far as 
the interests of the Commonwealth may require. 

Section 7. When any sum shall have been expended 
under and according to this act, the full amount so ex- 
pended, the names of the persons receiving the same, and 
the names of the companies and regiments or vessels, if 
any, in which they respectively enlisted, and in which 
they last served, the sums received by each, and the 
reasons for the expenditure in each case, with such other 
details as the commissioners of state aid may require, shall 
be certified under oath to the auditor in manner approved 
by him, by the mayor and a majority of the board of 
aldermen of any city, or by a majority of the selectmen of 
any town disbursing the same, within ten days after the 
first day of the month next after the expenditure is made ; 
and the commissioners of state aid shall examine the cer- 
tificates thereof, and allow and indorse upon the same such 
sums as in their judgment have been paid and reported 
according to this act. In the allowance of said commis- 
sioners, they may consider and decide upon the necessity 
of the amount paid in each case, and they may allow any 
portion thereof which they may deem proper and lawful. 
Said commissioners with the approbation of the governor 
ma}^ appoint, as occasion may require, a disinterested per- 
son, who.se duty it shall be to investigate any claim or 
claims made against the Commonwealth for reimbursement, 
who may examine any persons receiving relief under this 
act, and investigate the reasons therefor, and all matters 
relating to the granting of such relief, and report his 
doings to said commissioners. The reasonable expenses 
of the commissioners, and expenses and compensation of 
any such disinterested person, approved by said conmiis- 



1879. — Chapter 253. 



583 



Reimburse- 
ments to towns 
and cities. 



Time extended 
for location and 
construction of 
road. 



sioners, and allowed bj the governor and council, shall be 
paid from the treasury of the Commonwealtli. Of the 
sums so allowed and indorsed by said commissioners one- 
half and no more shall be reimbursed by the Common- 
wealth to the town or city expending the same on or 
before the first day of December in the year next after 
the year in which the same have been paid. 

Sections. Moneys paid under this act shall be held Military aid. 
to be military aid, and the payment thereof to or for any 
person shall create in him no disqualification to vote. 

Section 9. This act shall take effect upon its passage. 

Approved April 23, 1879. 

An Act IN RELATION TO THE MASSACHUSETTS CENTRAL RAILROAD Chap.'2oS 

COMPANY. 

Be it enacted, <£'c., as follows : 

Section 1. The time within which the Massachusetts 
Central Railroad Company may locate and construct its 
railroad is hereby extended to the first day of May, in the 
year eighteen hundred and eighty-one, and the provisions 
of chapter two hundred and sixty of the acts of the 
year eighteen hundred and sixty -nine, and of section two 
of chapter one hundred and forty-eight of the acts of the 
year eighteen hundred and seventy-five, are hereby 
revived and continued in force. 

Section 2. The Massachusetts Central Railroad Com- 
pany is hereby authorized to extend its railroad, from 
some point on its line of location in the town of Weston, 
to a point of intersection with the tracks of the Boston 
and Lowell Railroad Corporation, in the city of Cam- 
bridge or the city of Somerville : provided, said extension 
shall be so located and constructed as not to cross any 
existing railroad at grade ; and is also authorized to 
extend its railroad from some point on its line of location 
in the town of Amherst to a point of intersection with 
the tracks of the Troy and Greenfield Railroad in the 
town of Deerfield or the town of Conway, and said exten- 
sions shall be located within two years and constructed 
within four years from the passage of this act. 

Section 3. That portion of the Massachusetts Central 
Railroad from Amherst to Northampton shall be com- 
pleted on or before the completion of the extension hereby 
authorized from Amherst to the line of the Troy and 
Greenfield Railroad, and the work of construction upon 
the easterly extension hereby authorized shall at no time 
be further advanced than it is between said extension and 



May extend 
road from Wes- 
ton to Boston 
and Lowell 
Railroad in 
Cambridge or 
Somerville. 

Proviso. 



May extend 
road from Am- 
herst to Troy 
and Greenfield 
Railroad. 



Railroad to be 
completed from 
Amherst to 
Northampton 
on or before 
extension from 
Amherst. 



584 



1879. — Chapter 254. 



Location nnd 
construction of 
extensions. 



the Worcester and Nashua Railroad in the town of West 
Boylston, and the laying of the track shall not be l)egun 
on said easterly extension until the board of railroad com- 
missioners shall certify in writing that the entire grading, 
masonry and bridging, have been so far completed be- 
tween the easterly terminus of said easterly extension and 
said Worcester and Nashua Railroad, in said town of 
West Boylston, as to allow the laying of the track contin- 
uously to that point ; and shall further certify that the 
work of construction west of the Worcester and Nashua 
Railroad has been so far advanced as to admit of the com- 
pletion of the entire line to Northampton within the time 
specified in section one of this act. 

Section 4. The extensions authorized b}"- this act 
shall be located and constructed, and the routes thereof 
through any town or city shall be fixed in comformity 
with and subject to all the provisions of the general rail- 
road acts of the year eighteen hundred and seventy-four, 
and of all acts in amendment thereof, in the manner 
therein provided for railroads and extensions; but except 
as herein provided said extensions may be located or con- 
structed before or after the completion of the main line of 
said Massachusetts Central Railroad. 

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

Approved April 23, 1879. 

Chap 254 -^^ -^^^ providing for the designation of certan justices 

OF THE PEACE TO ISSUE WARRANTS AND TAKE IJAIL. 

Be it enacted, &c., as follows : 
Certain justices SECTION 1. The govcmor, with the advice and con- 

maj^be'dM*ignat- ^^^^^ ^^ ^^^^ COUUcil, may, frOlU time to time, upon the pe- 
ed to issue war- tion of the selectmen of any town included within the 
bail. judicial district of any district or police court, and wherein 

neither any justice nor the clerk of said court resides, 
designate and commission some justice of the peace lesid- 
ing in said town, who shall have authority to issue war- 
rants in criminal cases returnable to said court, and shall 
also have autliority to take bail therein. Said justices and 
the special justices of any such court shall draw from the 
county treasury the sum of one dollar for each warrant 
so issued and returned to said court, and shall receive no 
other compensation for any warrant issued or bail taken 
by him as aforesaid. 

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

Approved April 28, 1S79. 



1879. — Cpiapter 255. 



585 



Superior court 
to have jurisdic- 
tion of claims 
against Com- 
monwealth 
founded on 
contract. 



An Act to provide a remedy for persons having claims Chap. 255 

AGAINST THE COMMONWEALTH. 

Be it enacted^ etc., as follows: 

Section 1. The superior court shall have jurisdiction 
of all claims against the Commonwealth, which are found- 
ed on contract for the payment of money, or which may 
have arisen under sections ninety-eight and one hundred 
and sixteen of chapter sixty-three of the General Statutes 
before the repeal thereof; and petitions setting forth such 
claims may be brought before said court sitting for the 
count}^ of Suffolk, and shall be returnable on the return 
day of any regular term thereof. 

Section 2. Service of said petition shall be made by 
the sheriff of Suffolk county or either of his deputies, by 
leaving an attested copy thereof in the hands or in the 
office of the attorney-general, and another like copy in the 
hands or in the office of the secretary of the Common- 
wealth, thirty days at least before the return day aforesaid. 
And the attorney-general or his assistant shall appear, and 
act as counsel for the Commonwealth. 

Section 3. The petition shall contain a clear and brief 
statement of the claim, and of the damages demanded. 
The cause shall be tried in the same manner, in all re- 
spects, as suits at common law ; and the provisions of law 
in relation to tender, and offer of judgment, shall be appli- 
cable thereto ; but trials shall be, in all cases, by the court 
without a jury : j^fovided, that when the amount claimed 
exceeds one thousand dollars, the trial shall be had before 
three justices of said court. All hearings shall be in open 
court. Questions of law arising by exception or other- 
wise, shall be carried to the supreme judicial court with 
the same proceedings as in suits at common law. 

Section 4. If the final decision is in favor of the 
claimant, the chief justice of the superior court shall cer- 
tify the amount found due, with the legal costs, to the gov- 
ernor ; and the governor shall draw his warrant for said 
amounts on the treasurer and receiver-general, who shall 
pay such sums from any appropriations made for the pur- 
pose b}^ the legislature. And if the decision is in favor of 
the Commonwealth, judgment for costs and execution 
thereon shall issue in its favor against the claimant ; find 
if such judgment is final the claim shall be forever barred. 
, Section 5. All the existing provisions of law relating 
to the limitation of personal actions shall apply to claims 
against the Commonwealth, and to the remedy herein pro- 
vided ; but this section shall not take effect for two years 
after the passage of this act. 



Service of 
petition. 



Attorney-gen- 
eral to appear 
for the Com- 
monwealth. 

Petition to con- 
tain clear state- 
ment of claim, 
and cause to be 
tried as suits at 
common law. 



Questions of 
law. 



Payment to 
claimant. 



Judgment for 
costs. 



Laws relating to 
limitation of 
personal actions 
to apply. 



586 



1879. — Chapters 256, 257. 



Not to apply to 
redemption of 
any mortgage 
held by the 
Btate. 



Troy and Green- 
field Railroad 
and Hooeac 
Tunnel. 



Chap. 256 



Auditor of city 
of Boston to be 
auditor of Suf- 
folk county. 



Allowance of 
$S00 a year. 



Repeal. 



To take effect 
May 1, 1879. 



Section 6. Nothinf^ in this act cqntained shall apply 
to or authorize any proceedings for the redemption of any 
mortgage held by the Commonwealth, or affect the juris- 
diction of any tribunal heretofore specially authorized to 
adjudicate any claim: This act shall not be held to give 
any jurisdiction to any court in any case affecting the title 
of the Commonwealth to the Troy and Greenfield Rail- 
road and Ploosac Tunnel ; nor to apply to any claims aris- 
ing out of the rights, if any, of any person or corporation 
to redeem said railroad or tunnel ; nor to any claims aris- 
ing out of any acts, doings or default of the Commonwealth, 
or its agents or emplo3'es, hitherto done or performed in the 
location, construction, or management of said railroad or 
tunnel, except such claims as may have arisen under sec- 
tions ninety-eight and one hundred and sixteen of chapter 
sixty-three of the General Statutes, before the repeal 
thereof ; but this act shall not be held to create or recog- 
nize any liability of the Commonwealth in any such case. 

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

AjJp roved April 23, 1879. 

An Act relative to auditing the accounts of the county 

of suffolk. 
Be it enacted, t&c, as follows: 

Section 1. The auditor of accounts of the city of 
Boston shall be the auditor of the county of Suffolk; and 
hereafter all bills for county salaries, expenses and dis- 
bursements shall be examined, audited and allowed by said 
auditor prior to the payment thereof. 

Section 2. There shall be paid to said county auditor 
by the county of Suffolk a sum not exceeding eight hun- 
dred dollars a year, and at the same rate for any part of a 
year, the same to be in full for all services rendered by 
him and for all clerical assistance. 

Section 3. All acts and parts of acts inconsistent 
herewith are hereby repealed. 

Section 4. This act shall take effect on the first day 
of May in the year eighteen hundred and seventy-nine. 

Approved April 24, 1S79. 



Chap. 251 ^^ -^CT RELATING TO THE MUNICIPAL COURT OF THE CITY OF 

BOSTON. 

Be it enacted, &c., as follows : 
Salary of SECTION 1. There shall be one assistant clerk of the 

for'cwn' *^'^'^ municipal court of the city of lioston for civil business, 
busiuess. ^i,L) shall be appointed as now provided by law and shall 



1879. — Chapter 258. 



587 



receive a salary of eighteen huhdred dollars a year, and at 
the same rate for any part of a year. The clerk of said 
court for civil business shall hereafter be paid by the 
county of Suffolk a sum not exceeding eleven hundred 
dollars a year, to be expended bj* him for extra clerical 
assistance. 

Section 2. There shall be three assistant clerks of the 
municipal court of the city of Boston for criminal busi- 
ness, who shall be appointed as now provided by law, and 
shall be known as first assistant clerk, who shall receive a 
salary of two thousand dollars a year ; second assistant 
clerk, who shall receive a salary of eighteen hundred dol-. 
lars a year ; and third assistant clerk, who shall receive a 
salary of sixteen hundred dollars a year ; and at the same 
rates for any part of a year. The clerk of said court for 
criminal business shall hereafter be paid by the county of 
Suffolk a sum not exceeding sixteen hundred dollars a 
year, to be expended by him for extra clerical assistance. 

Section 3. There shall be two constables of the mu- 
nicipal court of the city of Boston for civil business, who 
shall be appointed by the justices of said court, and shall 
receive a salary of one thousand dollars each a year, and 
at the same rate for any part of a year. There shall be 
six constables of said court for criminal business, who shall 
be appointed by the justices of said court, and shall re- 
ceive salaries of twelve hundred dollars each a year, and 
at the same rate for any part of a year. 

Section 4. All acts and parts of acts inconsistent 
herewith are hereby repealed. 

Section 5. This act shall take effect on the first day 
of May in the year eighteen hundred and seventy-nine. 

Approved April 24, 1879. 



Allowance for 
extra clerical 
assistance. 



Salaries of 
assistant clerks 
for criminal 
business. 



Allowance for 
extra clerical 
assistance. 



Salaries of con- 
stables. 



Repeal. 



To take effect 
May 1, 1879. 



An Act concerning the Massachusetts agricultural col- Chap. 258 

LEGE. 

Be it enacted, &c., as follows : 

Section 1. The sum of thirty-two thousand dollars is coiiege granted 
hereby granted to pay the indebtedness of the Massachu- 
setts Agricultural College, the same to be paid out of any 
unappropriated funds belonging to the Commonwealth. 

Section 2. The expenses of the institution shall be 
kept within the income to which it is legally entitled, and 
the board of trustees shall be personally liable for any Personal liawi 
debt contracted for any purpose in excess of the assured "y of trustees. 
income of the college, or for the payment of which money 
has not been previously provided. 



$32,000. 



Expenses to be 
kept within 
income. 



588 



1879. — Chapters 259, 260, 261. 



May sell parson- 
age. 



Governor and SECTION 3. The govcmor and council are hereby re- 

couucil to report j^Ij ' l^ no • j^ • ^ 1^ t l 

concerning col- questeo. to examine the anairs oi said college and report 
let'isuture.' to the next general court some plan for its permanent con- 
tinuance with its relations to the state definitely fixed, or 
some plan for its discontinuance; but with the provision 
in any event, that its finances shall from this time be 
finally separated from the treasury of the Commonwealth. 
Section 4. This act shall take effect upon its passage. 

Approved April 24, 1879. 

Chap. 259 An Act to authorize the trustees of the methodist epis- 
. copal church in winchendon to convey their parsonage. 

Be it enacted, &c. , as follows : 

Section 1. Authority is hereby given to the trustees 
of the Methodist Episcopal Church in Winchendon to sell 
and convey the real estate, occupied as a parsonage by 
said corporation, by deed or deeds of mortgage, quitclaim, 
warranty or otherwise, and to pass a valid title to the 
same. 

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

Ajyproved April 25, 1879. 

Chap. 260 -^^ ■^^'^ '^^ CONFIRM THE ORGANIZATION AND DOINGS OF THE 
SECOND CONGREGATIONAL SOCIETY IN WESTFIELD. 

Be it enacted, &c. , as follows : 
Organization SECTION 1. The Organization of the " Second Con- 

confi'rmeTand'* grcgational Socicty in Westfield,'* formed in the year 
ratified. eighteen hundred and fifty-seven, and all the acts and pro- 

ceedings in organizing said societ}^, of the persons who 
associated themselves in said year for the purpose of or- 
ganizing a corporation under the aforesaid title, and all 
other acts and proceedings of said corporation, so far as 
the same may be defective or invalid, are hereby ratified 
and confirmed, and said corporation shall hereafter be 
known as the " Second Congregational Society in West- 
field." 

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

Approved April 23, 1879. 

Cha)).26\ -^^ ^^"^ RELATIVE TO ALTERATION OF THE CROSSING OF CLAY 

■^ TITT T G'ri?T."'T?T TKT n I? C I.^ XT I? T 1.' T l"* AXTrk TUt* TlJi^V A V I^ noL^rV- 



HILL STREET IN GREENFIELD AND THE TROY 
FIELD AND CONNECTICUT RIVER RAILROADS. 



AND GREEN- 



I>awfl rel.Tting 
to alteration of 
crosningfi of 
railroads and 



Be it enacted, &c., asfolloivs: 

Section 1. The laws relating to the alteration of 
crossings of railroads and highways, including sections 
ninety-six, ninety-seven, ninety-eight and one hundred and 



1879. — Chapter 261. 



589 



one of the general railroad act, of the year eighteen hun- 
dred and seventy-four, and chapter one hundred and sev- 
enty-five of the acts of the year eighteen hundred and 
seventy-eight shall be held to apply to the crossing of the 
highway and the Troy and Greenfield Railroad at Clay 
Hill Street in Greenfield, subject to the limitations herein 
provided, and for all the purposes of this act so far as the 
Troy and Greenfield Railroad and the interests of the 
Commonwealth therein are concerned, the manager of said 
railroad may be made a party in all proceedings and shall 
have the rights and obligations provided in such laws for 
railroad corporations and the directors thereof. But no 
authority shall be given by this act to alter the location of 
the tracks of said railroad or to interfere with the use 
thereof for the business of said railroad. 

Section 2. No alteration of said crossing shall be 
commenced until suitable provision shall have been made 
under said laws, or by agreement of parties interested, (to 
which agreement said manager shall be made a party to 
the extent necessary to give him power to compel compli- 
ance therewith), to the satisfaction of the county commis- 
sioners of the county of Franklin, for the alteration of the 
crossing of said highway and the Connecticut River Rail- 
road in the manner and limits said commissioners may pre- 
scribe suitable for the connection and permanent public 
use of said highway under both said railroads; and the 
work of alteration of the crossing first named shall only 
proceed subsequently to, or concurrently with, the work 
of such alteration of the crossing of said highwa}^ and the 
Connecticut River Railroad. And the superior court shall 
have jurisdiction in equity to compel compliance with the 
decisions of the county commissioners and of the special 
commissioners provided for and made under this act, and 
said laws as to the making of the alterations decided upon 
in the crossing of said highway and either of said railroads, 
and, on the petition of said manager or other party, to 
compel the specific performance of any agreement entered 
into by the parties interested as aforesaid and to make and 
enforce such other orders and decrees in the premises as 
justice may require, and for the purposes of this act shall 
have the jurisdiction of the supreme judicial court pro- 
vided for in said section ninety-eight. 

Section 3. In the proceedings under this act and the 
laws herein referred to, for the appointment of special 
commissioners in the case of any alteration decided upon 
of the crossing of said highway and either of said rail- 



highways to 

apply. 



Agreement to 
be made satis- 
factory to coun- 
ty commission- 
ers, in regard 
to crossing of 
highway and 
Connecticut 
River Railroad. 



Superior court 
may compel 
compliance with 
decisions of 
commissioners. 



Appointment of 
special commis- 
sioners. 



590 



1879. — Chapter 262. 



Towns to be 
notified. 



Appropriation. 



roads the inhabitants of an}'^ town in the county of Frank- 
lin, besides and in addition to the town of Greenfield, 
claimed to be benefited by the alterations proposed, may, 
on the petition of any party interested, be notified by 
order of the court authorized to appoint said commission- 
ers, or any judge of said court, in term time or vacation, 
by such notice served at least fourteen days before the 
first day of the term of hearing as said court or judge may 
order, to appear and be heard relative to the appointment 
of said commissioners, and they shall have the right to be 
heard as a party relative thereto, and in such case the spe- 
cial commissioners appointed in the case shall notify and 
admit such town to be heard as a party in the premises, in 
addition to the other parties liable by law to be assessed 
for the payment of expenses, charges and costs, and may 
apportion the payment of any of the charges, expenses 
and costs in such case, referred to in said section ninety- 
eight, upon such town, to be recovered as provided by law 
from the other parties assessed, and such town shall have 
the rights of parties provided for in section two of chapter 
one hundred and seventy- five aforesaid. 

Section 4. For the purposes of this act a sum not ex- 
ceeding seven thousand dollars is hereby appropriated to 
be paid from the treasury of the Commonwealth. 

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

Approved April 23, 1879. 



Chap. 262 An Act to amend chapter two hundred and thirty- 
three OF THE ACTS OF THE -YEAR EIGHTEEN HUNDRED AND 
SEVENTY-ONE RELATING TO THE ACQUIRING OF LAND FOR 
LIGHT-HOUSES BY THE UNITED STATES. 

Be it enacted, &c., as follows: 

Section 1. Chapter two hundred and thirty-three of 
the acts of the year eigliteen hundred and seventy-one is 
hereby amended so that the petition therein provided for 
may be filed in vacation or in term' time in the county 
where the tract of land to be taken lies, and if filed in 
vacation the court sitting in any county may order the 
notice therein required to be given to the owners of said 
tract. 

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

Approved April 25, 1879. 



Title to lands 
ceded to United 
States for light- 
house purposes. 



1879. — Chapter 263. 591 

An Act to establish a board of harbor and land com- Chap. 263 

MISSIONERS. 

Be it enacted, <£'C., as follows : 

Section 1. The governor, with the advice and eon- Board of harbor 
sent of the council, shall, before the first day of July next, mil'ioner?""' 
appoint three competent persons, who shall constitute a established. 
board of harbor and land commissioners, and who shall 
hold their offices from the dates of their respective apr 
pointment, and for the terras of one, two, and three years, 
respectively, from the first day of July next. The gov- 
ernor shall in like manner, before the first day of July in 
each year, appoint a commissioner, to continue in office 
for the term of three years from said day ; and, in case of 
any vacancy occurring in the board by resignation or 
otherwise, he shall in like manner appoint a commissioner 
for the residue of the term, and may in like manner 
remove any of said commissioners. And the compen- compensation, 
sation of each of said commissioners shall be five dollars 
per day for time actually employed in the service of said 
commission, to be paid out of the treasury of the Com- 
monwealth. 

Section 2. Said board of harbor and land commis- powers and 
sioners shall have all the powers and shall perform all the •^'^^i*'^- 
duties required by law of the board of harbor commission- 
ers and of the board of land commissioners. They shall be 
furnished with an office in the state house, or in some other 
suitable place in the city of Boston, in which the maps, 
charts, plans, records of all their doings, and all documents 
relating to their business, shall be kept. They shall keep To keep account 
an account of their actual services and necessary expenses, expe^eT.^ ^""^ 
to be allowed b}^ the governor and council, and paid out 
of the treasury. 

Section 3. Said commissioners shall be sworn to the To be swom. 
due and faithful performance of the duties of their office 
before entering upon the discharge of the same. They To report 
shall report in print to the legislature annually, on or ^"°"^"y- 
before the tenth day of January, their doings during the 
year preceding, in like manner as the boards hereby abol- 
ished are by law required to do. 

Section 4. The board of harbor commissioners and Boards 
the board of land commissioners are hereby abolished. abohshed. 

Section 5. This act shall take effect upon its passage, when to take 
so far as the appointing, commissioning, and qualifying of ^^'^'^^' 
said harbor and land commissioners are concerned, and 
shall take full effect on the first day of July next. 

Approved Ap)ril 25, 1879. 



592 



1879. — Chapters 264, 265. 



Clerks and con- 
stablfs not to 
receive fees in 
connection with 
admiseiion to 
bail. 



Chap. 264 -A-N Act relative to the clerks, assistant clerks, and con- 
stables OF THE DISTRICT, POLICE, AND MUNICIPAL COURTS. 

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

Section 1. No person holding the office of clerk, assist- 
ant clerk, or constable of any district, police, or muni- 
cipal court, shall receive, in addition to his salary, any fee 
or compensation f6r inquiring into the case of and admit- 
ting to bail, in court, any prisoner held under arrest or 
committed for a bailable offence, whether on a warrant or 
without one, or for furnishing or making out any of the 
papers relating to the taking of bail in such case. And it 
shall be the duty of constables attending the sessions of 
the courts, to prepare the necessary bail papers, during 
such session, without extra compensation. 

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

Section 3. This act shall take effect on the first day 
of May in the year eighteen hundred and seventy-nine. 

Approved April 2o, 1879. 



Repeal. 



To take effect 
May 1, 1879. 



Chap. 265 -^^ ^^'^ ^^ addition to the acts establishing THE SEVERAL 
MUNICIPAL COURTS IN THE CITY OP BOSTON AND THE POLICE 
COURT OF THE CITY OF CHELSEA. 



Municipal court. 
Salaries of 
justices. 



Salaries of 
clerks. 



Municipal court 
of Roxbury 
district. 
Salaries. 



Municipal 
courts of South 
Boston and 
Charlcstown 
districts. 
Salaries. 



Be it enacted, &c., as folloivs :' 

Section 1. The chief justice, and each of the associate 
justices of the municipal court of the city of Boston, shall 
receive a salary of three thousand dollars a year, and at 
the same rate for any part of a year. 

Section 2. The salaries of the clerks of the municipal 
court of the city of Boston shall be twenty-two hundred 
and fifty dollars a year each, and at the same rate for any 
part of a year. 

Section 3. The standing justice of the municipal court 
of the Roxbury district in the city of Boston shall receive 
a salary of two thousand dollars a year, and at the same 
rate for any part of a year ; the clerk of said court shall 
receive a salary of twelve hundred dollars a year, and at 
the same rate for any part of a year. The assistant clerk 
of said court shall receive a salary of six hundred dollars 
a year, and at the same rate for any part of a year. 

Section 4. The standing justice of the municipal 
court of the South Boston district in the city of Boston 
shall receive a salary of eighteen hundred dollars a year; 
the standing justice of the municipal court of the Charles- 
town district in the city of Boston shall receive a salary 
of fifteen hundred dollars a year, and at the same rates for 



1879. — Chapter 265. 



593 



any part of a year ; the clerks of said courts shall receive 
salaries of twelve hundred dollars a year each, and at the 
same rate for any part of a year. 

Section 5. The standing justices of the municipal 
courts of the Dorchester, West Roxbury, Brighton, and 
East Boston districts in the city of Boston shall receive 
salaries of twelve hundred dollars each a year, and at the 
same rate for any part of a year ; the clerk of the muni- 
cipal court of the East Boston district in the city of Boston 
shall receive a salary of eight hundred dollars a year, and 
at the same rate for any part of a year. 

Section 6. The standing justice of the police court of 
the city of Chelsea shall receive a salary of sixteen hun- 
dred dollars a year, and at the same rate for any part of a 
year. 

Section 7. The office of clerk of the municipal courts 
of the Dorchester, West Roxbury, and Brighton districts 
in the city of Boston, and the office of clerk of the police 
court of the city of Chelsea, is hereby abolished. 

Section 8. The office of constable or officer of the 
municipal courts of the Dorchester, West Roxbury, and 
Brighton districts is hereby abolished. There shall be one 
constable in each of the municipal courts of the Roxbury, 
Charlestown, South Boston, and East Boston districts, to 
be appointed by the standing justices of said courts. 
Said constables of the municipal courts of the Roxbury, 
Charlestown, and South Boston districts shall each be paid 
a salary of one thousand dollars a year, and at the same 
rate for any part of a year. Said constable of the muni- 
cipal court of the East Boston district shall be paid a 
salary of eight hundred dollars a year, and at the same 
rate for any part of a year ; which salaries shall be paid 
by the treasurer of the city of Boston. And section four- 
teen of chapter two hundred and sixteen of the acts of the 
year eighteen hundred and sixty-two shall not apply to the 
county of Suffolk. 

Section 9. The compensation of the special justice of 
the municipal court of the city of Boston shall not exceed 
ten dollars for each day's service ; and said compensation 
for services rendered in any year in excess of fifteen days 
in the whole shall be deducted by the county treasurer 
from the salary of the standing justice of said court for 
whom said special justice is called upon to sit, or whom he 
is called upon to assist. The compensation of the special 
justices of the municipal courts of the Roxbury, Dorches- 
ter, West Roxbury, Brighton, Charlestown, South Boston, 



Municipal 
courte of 
Dorchester, 
West Roxbury, 
Brlgbton and 
East Boston 
districts. 
Salaries. 



Police court of 

Chelsea. 

Salary. 



Office of clerk 
abolished. 



Office of con- 
stable abolished 
In Dorchester, 
West Roxbury 
and Brighton 
courts. 



Salaries of con- 
stables in Rox- 
bury, Charles- 
town, and South 
Boston courts. 



Compensation 
of special 
justices. 



59i 



1879. — Chapters 266, 267. 



Repeal. 



To take eflFect 
May 1, 1879. 



Chap. 266 



Records of 
attachment to 
be transferred to 
registry of 
deeds. 



Chap.261 



Compensation 
of special 
justices of police 
and district 
courts. 



Uepeal. 



To take effect 
May 1, IST'J. 



and East Boston districts in the city of Boston, and of the 
police court of the city of Chelsea, shall not exceed five 
dollars for each day's service ; and the compensation of the 
special justices of any of said courts for services rendered 
in any year in excess of fifteen days in the whole shall be 
deducted by the county treasurer from the salary of the 
standing justices of said courts for whom they are called 
upon to sit, or whom they are called upon to assist. 

Section 10. All acts and parts of acts inconsistent 
herewith are hereby repealed. 

Section 11. This act shall take effect on tlie first day 
of May in the year eighteen hundred and seventy-nine. 

Approved April 25, 1879. 

An Act providing for the transfer of records of attach- 
ments FROM the clerk's OFFICE IN THE COUNTY OF MIDDLE- 
SEX TO THE REGISTRY OF DEEDS IN SAID COUNTY. 

Be it enacted, &c., as follows: 

The clerk of courts for the county of Middlesex is 
hereby directed to transfer the records of attachments and 
papers relating thereto, now in his office, to the registry 
of deeds for the southern district of said county. 

Approved April 25, 1879. 

An Act to establish the compensation of the special jus- 
tices OP the police and district courts in the common- 
wealth. 
Be it enacted, &c., as follows : 

. Section 1. The compensation of the special justices 
of the police and district courts in the Commonwealth 
shall be five dollars for each day's service ; and the com- 
pensation of the special justices of any court for services 
rendered in any year, in excess of fifteen days in all 
(except for services in holding one of two or more sessions 
at the same time according to law), sliall be deducted by 
the county treasurer from the salaiy of the standing justice 
of said court : provided, that the rate of compensation, and 
the rate per diem of the deduction herein provided for, 
shall in no case exceed the rate per diem of the salary of 
the standing justice of the court ; but the compensation 
of any such special justice shall not be less than tAvo 
dollars and fifty cents for each day's service. 

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

Secpion 3. This act shall take effect on the first day 
of May in the year eighteen hundred and seventy-nine. 

Approved April 25, 1870. 



1879. —Chapters 268, 269, 270. 



595 



An Act to promote uniformity in the records of the Chap. 268 

SUPREME JUDICIAL COURT AND THE SUPERIOR COURT. 

Be it enacted^ &c., as follows: 

Section 1. The supreme judicial court may, by general ^ourt^ay^ 
rule or special order, direct what portion of the papers in papers shuii be 
causes entered in said court and in the superior court shall records^.'^ "^"'^ 
be extended upon the records after final judgment or 
otherwise. 

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

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

Approved April 25, 1879. 

An Act fixing the salaries op sheriffs. Chap. 269 

Be it enacted, &c., as follows: 

Section 1. The sheriffs of the several counties of the salaries of 
Commonwealth, hereinafter named, shall receive annual 
salaries, payable quarterly from the treasuries of their re- 
spective counties, as follows : — 

Of the county of Berkshire, one thousand dollars ; of 
the county of Dukes County, three hundred dollars ; of 
the county of Essex, eighteen hundred dollars ; of the 
county of Franklin, eight hundred dollars ; of the county 
of Hampshire, eight hundred dollars ; of the county 
of Middlesex, two thousand dollars ; of the county of 
Worcester, two thousand dollars. 

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

Section 3. This act shall take effect on the first day to take effect 
of May in the year eighteen hundred and seventy-nine. 

Approved April 25, 1879. 



May 1, 1879. 



An Act to provide for certain returns to be made by Chap. 210 
water boards, water commissioners and water com- 
panies. 

Be it enacted, &c., as follozvs : 

Section 1. The several water boards, water commis- water boards 

, . , . f, and water com- 

sioners and water companies making use as a source oi panies to make 
water supply, of any pond, lake, river, brook, stream, res- to thestate"^"^ 
ervoir or well, within the Commonwealth, and distributing board of health. 
the waters thereof for public, domestic and general uses, 
are hereby required to make true and correct returns to 
the state board of health on or before the first day of No- 
vember in every third year, beginning with the year eigh- 
teen hundred and seventy-nine, of the facts as hereinafter 
enumerated : provided, that the expense incurred by said 



k 



596 1879. — Chapter 270. 

boards, commissioners or companies shall not exceed fifty 
dollars. And said board of health shall publish trien- 
nially, in its report to the legislature, the returns received, 
arranged by counties separately, and those from each 
county alphabetically. 
Form of return. SECTION 2. Each of the several water boards, commis- 
sioners and companies, required to make returns by the 
provisions of section one of this act, shall state in the 
proper places on the blanks which the state board of 
health shall, on application, furnish for the purpose, — 
1. Its name, charter or other legal basis, and place of 
business. 2. The source or sources of its water supply, 
and the name, if any, and location of each. 3. The super- 
ficial area of its water surface, if lake, pond, reservoir or 
large well. 4. The area of water shed supplying such 
source or sources. 6. The general geological and topo- 
graphical character of the water shed. 6. The estimated 
capacity of each such source by average daily flow. 7. 
The estimated capacity of each such source by minimum 
daily flow. 8. Whether the water shed is also wholly or in 
part that of other lakes, rivers, ponds or reservoirs, besides 
that used by the party making return ; and if so, to what 
extent. 9. Whether or not the source emplo3'ed by the 
party making return is used jointly by some other for a 
water source ; and if so, by whom. 10. Whether there 
are other sources within ten miles, not already appropri- 
ated by law, that could be availed of in connection with 
the source or sources now enjoyed by the party making 
return ; and if so, what, and their location, area, water 
shed, and the means necessary to connect, with the dis- 
tance from present source, and from territory to be 
supplied. 11. What danger of contamination the waters 
at present held are liable to. 12. Whether or not an 
analysis has been made of the water at present used, 
and the results of any such ; by whom and where. 13. 
Whether the waters at present used have been stocked 
with fish ; if so, to what extent, by whom, and where. 14. 
What, up to date, has been the cost of the water works in 
use ; including rights, lands taken, and all damages paid ; 
stating cost of water rights separately, and to whom paid. 
15. Whether the storage capacity of the present source 
can be increased, and at what probable cost, exclusive of 
damage by flowage, and at what damage to private parties 
or corporations. 16. Whether an}' town, village, or city, 
discharges its sewers or drains into the source used by the 
returning party, or their tributaries* 17. The population 



1879. — Chapter 271. 



597 



of the town, city or villap^e, so discharo'ing its sewers or Form of return, 
drains into said source, and the character of its manufac- 
tures : and, 18. The apparent results of such sewage. 
19. The average daily consumption, for the year, of the 
population supplied by tlie party making return. 20. The 
per centum used by families. 21. The average consump- 
tion per family, per diem. 22. The probable increase of 
demand, as near as can be estimated for the next year. 
23. The water rates established. 24. The system of dis- 
tribution, whether by gravity, stand pipe, direct pumping, 
reservoir or otherwise. 25. The condition of water d^bt 
and sinking fund. 26. How the effluent water is now got 
rid of. 27. Into what stream or body of water it finally 
flows. 28. What protection against impurity of present 
source not now provided is desired. 29. What additional 
expense such protection would involve, and to whom. 

Section 3. The state board of health shall prepare and state board of 

• • 1 11TP •li health to furnish 

furnish the requisite and proper blanks tor said returns, on the blanks for 

application from the parties whose duty it is, or shall be, 

to make said returns ; and any water board, commissioners 

or company required by the provisions of this act to make 

such returns shall, for every neglect or failure so to do, for- Penalty for 

feit and pay the sum of fifty dollars to the use of the "eturn. 

local board of health, or the proper officers acting as such, 

of the city or town in which such delinquent water board, 

commissioners or company has its principal office. And 

the state board of health shall prosecute, by an action of 

tort, in the name of the Commonwealth, for the recovery 

of the penalty or forfeit herein imposed. 

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

A])prov€d April 25, 1879. 

An Act in relation to the stock of the new york and Chap. 211 

NEW ENGLAND RAILROAD COMPANY OWNED BY THE COMMON- 



Be it enacted , t&c, as follows : 

Section 1. Chapter sixty-seven of the acts of the year h^.^'^^^^*^™- 
eighteen hundred and seventy-nine entitled " An Act to loan. 
provide for the payment of the Harbor Improvement i^epe=»i of i8^9. 
Loan " is hereby repealed. 

Section 2. Nothing contained in any other act shall state stock in 
be so construed as to authorize the sale of any of the stock New England 
of the New York and New England Railroad Company ^elow.'' """^ 
owned by the Commonwealth, and said stock shall be 
held for the purpose of redeeming and paying the princi- 
pal and interest of the outstanding scrip issued by the 



598 1879. — Chapters 272, 273, 274. 

Commonwealth in aid of the Boston, Hartford and Erie 
Railroad Company ; but no sale thereof shall be made 
without the authority of the general court. 

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

Approved April 28, 1879. 

Chap. 272 -A^N Act to authorize the boston, barre and Gardner rail- 
road CORPORATION TO MORTGAGE ITS PROPERTY. 

Be it enacted, &c., as follows : 
May issue bonds Thc BostoH, BaiTc aud Gardner Railroad Corporation is 
$100^,000!'^'°^ hereby authorized to issue bonds to an amount not exceed- 
ing one hundred thousand dollars, payable within twenty 
years from date, for the purpose of providing for the pay- 
ment of its present floating indebtedness, and to make a 
mortgage upon its real and personal property for the pur- 
pose of securing the payment of said bonds oidy: /?ro- 
Proviso. vided, that nothing contained in this act shall affect any 

claim now pending against said corporation for damage 
caused by the construction of said railroad, or any exist- 
ing rights of said claimants to secure the payment thereof. 

Approved Ajyril 28, 1879. 

Chap. 273 An Act to confirm the organization of the society of st. 

VINCENT DE PAUL OF THE CITY OF BOSTON. 

Be it enacted, &c., as folloivs : 
Proceedings SECTION 1. All the acts and proceedings done toward 

zauoli, ratmed thc Organization of the Society of St. Vincent de Paul of 
and confirmed, j^^ie c\tj of Bostoii, incorporated by chapter one hundred 
and ninety-seven of the acts of the year eighteen hundred 
and sixty-nine, by the corporators and their associates, 
and all other acts done by them as members of said cor- 
poration, so far as they are defective and invalid, are 
hereby ratified and confirmed. 
Organization SECTION 2. Said corporatioii may complete its final 

pieted?'^""^ organization in accordance with the provisions of chapter 
sixty-eight of the General Statutes at any time before the 
first day of July next. 

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

Approved April 28, 1879. 



Chap. 274 



An Act in addition to the "general railroad act" of 
the year eighteen hundred and seventy-four, to au- 
thorize the formation of corporations to construct 
railroads in foreign countries. 
Be it enacted, &c., as follows: 
Corporations SECTION 1. Any Humber of persons, not less than 

toYonstruct"^*^ fifteen, a majority of them being inhabitants of this state, 



1879.— Chapter 274 



599 



may associate themselves together by articles in writing, 
with the intention of forming a corporation with authority 
to construct and operate a railroad, or railroad and tele- 
graph, in any foreign country, but in accordance with the 
laws of the country. in which they may be located; and, 
upon complying with tlie provisions of section three of 
this act, shall, with their associates and successors, be and 
remain a corporation for the purpose aforesaid, with the 
powers necessary and incident thereto, and with such 
powers and privileges, and subject to such duties, liabilities 
and restrictions, as may be fixed by the country in which 
the same may be located, as to the location, construction, 
maintenance and operation of its railroad and telegraph, 
and the transfer of its property by mortgage, lease, or 
otherwise. 

Section 2. The articles of association shall set forth 
the name of the corporation, and, as far as may be practi- 
cable, the termini of the railroad and telegraph to be built, 
and the names of at least nine persons to act as a board of 
directors until others are chosen, and the amount of its 
capital stock. Each associate shall subscribe to the arti- 
cles his name, residence, post office address, and the num- 
ber of shares of stock which he agrees to take ; but no 
subscriber shall be bound to pay beyond ten per centum 
of the amount of his subscription, unless a corporation is 
duly established. 

Section 3. Whenever it is shown to the satisfaction 
of the board of railroad commissioners that the require- 
ments of this act have been complied with, the clerk of 
said board, upon their order, shall indorse upon the arti- 
cles of association or annex thereto a certificate, setting 
forth the fact that the requirements of the law appear to 
have been complied with. The directors shall thereupon 
file the articles of association, with the certificate indorsed 
thereon or annexed thereto, in the office of the secretary 
of the Commonwealth, who, upon the payment to him of 
a fee of fifty dollars (to be included m his return of fees, 
and paid into the treasury), shall record the said articles 
of association, and certificate indorsed thereon, in a book 
to be kept for that purpose, and shall issue a certificate 
substantially in the following form : — 



railroads in for- 
eign countries. 



Articles of 
association. 



Articles to be 
indorsed by 
clerk of railroad 
commissioners, 
when require- 
ments have been 
complied with. 



Commonwealth of Massachusetts. Charter or cer- 

tirtcate of incor- 

Be it known, that whereas [names of the subscribers to the articles poration to be 
of association] have associated themselves with the intention of form- J^ry'^of^j[e*Co*m- 
ing a corporation, under the name of the [name of the corporation], mouwealth. 



600 



1879. — Chapter 274. 



Capital stock 
may be in- 
creased or re- 
duced. 



Subject to cer- 
tain provisions 
of 1874, 372. 



Subject to 1865, 
283, § 8, for pur- 
poses of taxa- 
tion. 



Returns to be 
made to tax 
commissioner. 



for the purpose of locating, constructing, maintaining, and operating 
a railroad [or railroad and telegraph] [description of the road as in the 
articles of association], and have complied with the statutes of this 
Commonwealth in such cases made and provided: Now, therefore, I 
[name of the secretary], secretary of the Commonwealth of Massa- 
chusetts, do hereby certify that the persons aforesaid, their associates 
and successors, are legally establislied as a corporation, under the 
name of the [name of the corporation], with all the powers and privi- 
leges, and subject to all the duties, lial)ilities and restrictions, set 
forth in chapter of the acts of the year eighteen hundred 

and seventy-nine. 

In witness whereof, I have hereunto subscribed my official signa- 
ture, and affixed the seal of said Commonwealth, this day 
of , in the year [day, month, and year.] 

The certificate so executed shall be recorded with the 
articles of association ; and the original certificate, or a duly 
certified copy of the record thereof, shall be conclusive evi- 
dence of the establishment of the corporation at the date 
of such certificate. 

Section 4. The corporation may from time to time, at 
a meeting of directors called for the purpose, reduce the 
amount of the capital stock, or increase it for the purpose 
of constructing and equipping its road and any extensions 
or branches thei-eof. If any such increase or reduction is 
made, a certificate of the fact, signed by the president of 
the corporation, shall, within thirty days thereafter, be 
filed in the office of the secretary of the Commonwealth. 

Section 5. Such corporation shall be subject to the 
provisions of sections forty, forty-three, forty-four, forty- 
five, fifty-four, and the first division of section thirty, of 
the General Railroad Act. 

Section 6. For puiposes of taxation, such corporation 
shall be sul)ject to the pio visions of section eight of cliap- 
ter two hundred and eighty-three of the acts of the year 
eighteen hundred and sixty-five ; but no other provisions 
of said act lelating to the assessment of taxes upon cor- 
porations or the shareholders therein shall apply thereto. 
Such corporation shall annually, between the first and 
tenth day of May, return to the tax commissioner, under 
the oath of its treasurer, a complete list of the sharehold- 
ers, with their places of residence, the number of shares 
belonging to each on the first (hiy of May, the amount of 
the capital stock of the corporation, and the par value and 
the market value of the shares on said first day of May. 
Such corporation shall be relieved from making tlie returns 
required by chapter two hundred and one of the acts of 
the year eighteen liundred and sixty-four. 

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

Approved Aj'ril 2S, 1S7V. 



1879. — Chapter 275. 



601 



Creditors of 
bankrupt or in- 
solvent corpora- 
tion, may be in- 
corporated to 
continue the 
bui^iness or 
acquire its 
property. 



An Act relative to capitalizing the indebtedness of Chap. 215 

BANKRUPT AND INSOLVENT CORPORATIONS. 

Be it enacted, c&c, as folloics : 

Section 1. Any or all of the creditors of any bank- 
rupt or insolvent corporation existing by authority of this 
Commonwealth, organized or chartered for any of the pur- 
poses designated in chapter two hundred and twenty-four 
of the acts of the year eighteen hundred and seventy, and 
the acts in amendment thereof and addition thereto, or 
any or all persons for whose benefit such corporation has 
assigned the whole or any part of its property, and such 
person or persons in either case as they may associate with 
them, may unite themselves together under the provisions 
of said chapter two hundred and twenty-four, and the acts 
in amendment thereof and addition thereto, for the purpose 
of constituting a corporation to acquire the whole or any 
part of the property belonging to such bankrupt or insol- 
vent corporation, or assigned for the benefit of its credi- 
tors, and to carr}^ on the business previously authorized to 
be carried on by said bankrupt or insolvent corporation. 

Section 2. Any claim or claims held by any creditor 
against such bankrupt or insolvent corporation, or tlie 
whole or any part of the property conveyed by it for the 
benefit of its creditors, ma}^ be assigned and conveyed to 
any corporation organized for the declared purpose of ac- 
quiring sucli claims or property in accordance with the 
provisions of the first section of this act, in payment for 
shares of the capital stock thereof at a fair and reasonable 
valuation, such valuation to be determined and approved 
by the commissioner of corporations in manner and form 
provided by chapter one hundred and seventy-seven of the 
acts of the year eighteen hundred and seventy-five relative 
to the conveyance of real and personal property to corpora- 
tions in pajanent for stock ; and his decision that such val- 
uation is fair'and reasonable, when made and certified as 
required by said chapter one hundred and seventy-seven, 
shall be final and conclusive. 

Section 3. No claim shall be assigned or conveyed as 
aforesaid unless the same shall be so assigned or conveyed 
within three years fiom the date when such corporation 
was adjudicated bankrupt or insolvent, or made such as- 
signment for the benefit of its creditors. 

Section 4. Any corporation which has made an as- 
signment of its property for the benefit of its creditors 
shall be considered to be a bankrupt or insolvent corpora- 
tion for the purposes of this act, as well as a corporation 



Claims of cred- 
itors, etc., may 
be assigned to 
new corpora- 
tion in payment 
for shares. 



Claims to be 
assigned witljin 
three years. 



Corporation 
making an 
assignment to 
be considered 



602 



1879. — Chapters 276, 277. 



bankrupt or 
insolveut. 



which has, by some court of competent jurisdiction, been 
adjudged bankrupt or insolvent. 

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

Approved April 28^ 1879. 



Chap. 216 



Time for paying 
in cai)ital, 
extbnded. 



An Act to extend the time within which the capital stock 
of the fidelity assurance company of massachusetts may 
be paid in. 

Be it enacted., tfcc, as follows: 

Section 1. The time within which the capital stock 
of the Fidelity Assurance Company of Massachusetts may 
be paid in is hereb}^ extended to the first day of May in 
the )'ear eighteen hundred and eighty. 

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

Approved April 29, 1879. 



Chap.211 



Corporators. 



Powers and 
duties. 



May construct 
wharves, docks 
and elevators. 



May be appoint- 
ed a public ware- 
Loutieman. 



An Act to incorporate the hoosac tunnel dock and ele- 
vator COMPANY. 
Be it enacted^ &c., as follows: 

Section 1. Frederick L. Ames, W. H. Lincoln, Charles 
U. Cotting, Robert Codman, Hugh J. Jewett, Thomas 
Dickson, their associates and successors, are hereby made a 
corporation by the name of "■ The Hoosac Tunnel Dock and 
Elevator Company," to be established in the city of Bos- 
ton, 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 relating 
to all similar corporations organized under the general 
laws of this Commonwealth, except so far as otherwise 
especially jDrovided by this act. 

Section 2. Said corporation is herebj- authorized to 
construct and maintain docks, wharves, elevators, ware- 
houses, and other buildings and structures suitable for ter- 
minal facilities for the reception, storing, delivering and 
forwarding of freight to be received or sent through the 
Hoosac Tunnel ; also to transact all such business as is 
usually performed by persons or corporations engaged in 
receiving, storing or forwarding freight at the seaboard; 
and for that purpose may be appointed public warehouse- 
man pursuant to the laws of the Commonwealth, but shall 
not be authorized to carry on the business of buying and 
selling merchandise. " Said corporation may lay and main- 
tain railroad tracks upon any of its wharves or terminal 
grounds and may, with the consent of, and in the metiiods 
and under the conditions imposed by the board of alder- 



1879. — Chapter 277. 608 

men of the cit}^ of Boston, and with the consent of the 
board of railroad commissioners, connect the same with 
the tracks of any railroad corporation Avhich shall have or 
lay tracks in any street adjoining the lands of this corpora- 
tion. It may also lay tracks, to be operated by steam May lay railroad 
power, in such streets in that part of Boston called 
Charlestown as the board of aldermen of the city of Bos- 
ton may permit, and subject to such regulations and condi- 
tions as said board may prescribe ; but said board may at any 
time revoke such permission, and discontinue any such 
location, upon due notice and hearing of the parties in 
interest. 

Section 3. The crossing and use of all streets in the crossing of 
city of Boston, easterly of the freight-yard of the Fitch- dJrTOieBpre™' 
burg Railroad, in that part of said Boston formerly ^f^j'^'g^.^y^"'*'''* 
Charlestown, by the locomotives and cars upon the tracks 
of any railroad leading to the dock, wharf, elevator, ware- 
house, or other building or structure, of said corporation, 
shall be under such rules and regulations, and upon such 
conditions, as the board of aldermen of said city may pre- 
scribe. 

Section 4. Said corporation, for the purposes set forth May take and 
in the preceding sections, at any time within one year from ^°^'^ '''"'^''' 
the passage of this act, may take and hold, by purchase or 
otherwise, any or all that parcel of land, with tlie wharves, 
docks and buildings thereon, lying between the commis- 
sioners' line and Water Street, and between the easterly 
line of wharf and dock formerly owned by the late Fred- 
erick Tudor, kuQwn as Tudor's Wharf, and the Navy Yard, 
in that part of Boston formerly Charlestown ; and may at 
any time purchase and hold for said purposes any such 
wharves, land, docks and buildings thereon, as may be 
convenient and necessary therefor. Such corporation shall. To file in the 
within sixty days from the time it takes any land other- deldsladescrip- 
wise than by purchase, file in the office of the registry of 
deeds for tlie county of Suffolk a description of each par- 
cel of land so fallen, as certain as is required in a common 
conveyance of land, together with a statement of the pur- 
pose for which the lands are taken, which description and 
statement shall be signed by the president of the corpora- 
tion : provided, hotvever, that no land or tracks of any rail- rroviso. 
road corporation shall be taken or interfered with, except 
for the connections required by section nine, without its 
consent; but any railroad corporation, having tracks in 
any street or location adjacent to the lands of the corpora- 
tion hereby created, may, by agreement with said corpora- 



tion of the land 
taken. 



604 



1879. —Chapter 277. 



Capital stock. 



Damages. 



Proviso. 



Certain railroad 
and steamship 
companies may 
hold sloclv. 



tion, under the limitations of this act, re-locate its tracks, 
either upon lands of said corporation, or upon other lands, 
if any, belonging to such railroad corporation as may be 
necessary for connection with the tracks of said corporation. 

Section 5. The capital stock of said corporation shall 
not be less than two hundred and fifty thousand dollars, 
nor more than two million dollars, to be fixed and in- 
creased as may be necessary, from time to time, by vote 
of the corporation, and shall be divided into shares of the 
par value of one hundred dollars each, but said corpora- 
tion shall not take any land or commence the transaction 
of business until the whole amount of the capital stock as 
then fixed shall have been paid in in cash agreeably to the 
provisions of the general laws relative to coiporations or- 
ganized under the laws of the Commonwealth, and a 
certificate thereof filed in the office of the secretary of 
the Commonwealth as required by section thirty-two of 
chapter two hundred and twenty-four of the acts of the 
year eighteen hundred and seventy. 

Section 6. When any land or real estate shall be taken 
under the provisions of this act, said corporation shall pay 
all the damages occasioned thereby ; and said damages 
shall, in case the parties fail to agree upon the same, be 
determined and recovered in the manner provided in the 
general laws in respect to land and real estate taken by 
railroad corporations for the location and making of their 
railroads, or for depot and station purposes : provided, that 
any person or persons, or corporation, any part or portion 
of whose lands, lying in the same body, shall be taken by 
said corporation under this act, shall be entitled to surren- 
der, by tender of a good and sufficient deed thereof to 
said corpoiation, the residue of their said land within six 
months from said taking, and in that case to recover the 
damages occasioned by taking the whole of said parcel, 
in the manner herein before provided. 

Section 7. Anj- railroad corporation within or with- 
out the Commonwealth, owning a railroad, the tracks of 
which connect, either directly or over intervening roads, 
with the Troy and Greenfield Railroad, any steamship 
company engaged in the carriage of freight between the 
port of Boston and any foreign port, and any incorporated 
land transportation company, may subscribe for and hold 
stock in said lloosac Tunnel Dock and Elevator Compan}', 
and in such case may be represented and vote at all meet- 
ings of said last named corporation by its president, or any 
agent appointed by its board of dircctoi's for the purpose. 



1879. — Chapter 278. 605 

Sections. Said corporation may, with the approval Extension of 

^ ,, , , . . *■ J 1 -i 1 1 1 wharves >)eyond 

01 the harbor commissioners, extend its wharves beyoncl tue commission- 
the commissioners' line, in such manner and to such extent ®''''' ^^°^' 
as the commissioners may deem proper; but in case of 
such extension, said corporation shall j)ay into the treasury 
of the Commonwealth such sum as said commissioners 
shall award as compensation for the extension of said 
wharves over the land of the Commonwealth. 

Section 9. The tracks of this corporation on their Tracks to be 
terminal grounds named in section four, in that part of FiiXburg Raii- 
Boston formerly Charlestown shall be connected with the '■°^'^- 
tracks of the Fitchburg Railroad at or within the limits of 
said grounds, and any other railroad corporation which 
may hereafter be authorized to lay tracks in any street 
adjacent to such terminal grounds may connect its tracks 
with said tracks of this corporation ; and if this corpora- 
tion and the Fitchburg Railroad Company, or any such 
corporation authorized to connect, shall not agree upon 
the methods thereof they may be prescribed and altered 
by the railroad commissioners ; but no change of the tracks 
of the Fitchburg Railroad or of any other railroad in the 
streets of the city of Boston shall be made for the purpose 
without the consent of the board of aldermen of said city. 
It shall be the duty of said corporation hereby created, storage of 
to receive and store at reasonable rates and under reason- ^^^^ '" 
able regulations, and so far as their capacity may admit, 
all freights received, or to be sent through the Hoosac 
Tunnel, that shall be offered to said company. 

Said corporation shall make no discrimination for or ifo discrimina- 

• 1 1 ,• !•• A. ^ ^ • tion to be made. 

against any railroad corporation desiring to do business on 
its premises, but if it shall not at any time have facilities 
for transacting all the business ofiFering, it shall give pre- 
ference to freights received, or to be sent, through the 
Hoosac Tunnel. 

Section 10. Said corporation may issue its bonds, and May issue 
secure them by mortgage of its property and franchise, to 
an amount not exceeding its capital stock then paid in. 

Section 11. This act shall take effect upon its passage. 

Approved April 29, 1879. 

An Act fixing the salary of the inspector and assayer Chap.21S 

OF LIQUORS. 

Be it enacted, <fcc., as follows: 

Section 1. The inspector and assayer of liquors shall saiary 
receive a salary of five hundred dollars a j'ear, and at the 
same rate for any part of a year. 



606 



1879. — Chapters 279, 280. 



Repeal. 



To take effect 
May 1, 1879. 



Chap, 279 



Salaries 
established. 



CA«p.280 



Publication of 
reports of 
decisions of the 
supreme judi- 
cial court. 



Price per copy. 



Compensation 
of reporter. 



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

Section 3. This act shall take effect on the first day 
of May in the year eighteen hundred and seventy-nine. 

Axtirrored April 20, 1879. 

An Act to fix the salaries of the justices of the supe- 
rior COURT. 
Be it enacted, t&c, as follows: 

Section 1. The chief justice of the superior court 
shall receive an annual salary of forty-eight hundred dol- 
lars, and each of the associate justices of said court an 
annual salar}" of forty-five hundred dollars, payable in the 
manner now provided by law. 

Section 2. This act shall take effect upon the first 
day of July next. Approved April 29, 1S79. 

An Act relating to the publication of the decisions of 

THE supreme judicial COURT. 

Be it enacted, &c., asfolloivs: 

Section 1. The secretary of the Commonwealth is 
hereby authorized and directed to enter into a contract 
in writing, on behalf of the Commonwealth, with tlie firm 
of Little, Brown and Company of Boston, for the publi- 
cation of the decisions of the supreme judicial court from 
and including volume one hundred and twenty-six of 
the series of Massachusetts Reports, upon the following 
terms : — 

Said firm shall agree to print and publish the reports 
promptly and within the time now required by law, from 
the manuscript to be supplied to them by the reporter, uni- 
form in size, style and form with volume one hundred and 
twenty-four of said series and not inferior thereto in (]ual- 
ity of work or material ; to keep always on hand for sale 
in Boston a sufficient number of the volumes which they 
shall so publish to supply the public demand therefor ; to 
furnish to the state a number of copies of each volume 
equal to the number of towns and cities in this Common- 
wealth at any time during the term of said contract, and 
one hundred copies in addition at the price of one dollar 
and sevent3'-five cents per copy ; and to sell the same to 
the public in this state at the price of three dollars and 
twenty-five cents per copy at retail ; and to pay to the re- 
porter in etiual monthly instalments the sum of four thou- 
sand five hundred dollars per annum, for and towartls his 
compensation and clerk hire. But in case the number of 



1879. — Chapter 280. 



607 



volumes to be published during the terra of the contract 
shall fall short of two volumes per annum on the average 
the amount to be paid to the reporter shall be reduced 
proportionately. Said contract shall continue for the 
period of five years from its date, with the option on the 
l)art of the Commonwealth to extend the same for a fur- 
ther period of five years by a written notice given at any 
time before the expiration of said first period by the sec- 
retary of the Commonwealth, who is hereby authorized in 
his discretion so to extend the same, and the performance 
thereof on the part of said Little, Brown and Company 
shall be secured by a bond in the penal sum of twenty 
thousand dollars with sureties satisfactory to the secretary 
and treasurer of the Commonwealth, and the form of said 
contract and bond shall be approved by the attorney-gen- 
eral. 

Section 2. During the term of the contract herein 
provided for, the reporter of decisions of the supreme 
judicial court shall not be required or allowed to publish 
the reports theieof, but shall prepare and furnish the same 
to said Little, Brown and Company seasonably for publi- 
cation according to said contract and the existing require- 
ments of law, and shall prepare and furnish therefor 
suitable head notes, tables of cases, and indexes, and shall, 
in the usual manner of authors, superintend the publica- 
tion, correction, and proof reading of such reports, and 
shall perform the other duties of his office according to the 
present requirements of law, and shall receive from the 
treasury of the Commonwealth a salary of three hundred 
dollars a year, and in the same proportion for an}^ part of 
a year, which sum with the amount to be paid to him un- 
der the said contract shall be in full compensation for his 
services and for clerk hire and the incidental expenses of 
his office ; and the stereotype plates and copyright of the 
volumes published under said contract shall be the prop- 
erty of said firm. 

Section 3. All sums of money received by the re- 
porter for the copies of opinions, rescripts and other papers 
shall be paid over by him quarterly to the treasurer of the 
Commonwealth, with a detailed statement of the same. 

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

Approved April 29, 1879. 



Contract to con- 
tinue for five 
years. 



Publisher to 
give bond. 



Reporter not 
permitted to 
publisli reports. 



Salary from 
state. 



To pay over to 
treasurer money 
received for 
copies, etc. 



608 



1879. — Chapter 281. 



Appropriations. 



Chap. 2S\ An Act in addition to "an act making appropriations 

FOR EXPENSES OF THE VARIOUS CHARITABLE AND REFORMA- 
TORY INSTITUTIONS, AND FOR OTHER PURPOSES." 

Be it enacted, <fcc., as follows : 

Section 1. The sums hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Com- 
monwealth, from the ordinary revenue, for the purpose of 
meeting the cunent expenses of the institutions herein- 
after named, and for other purposes, for the year ending 
on the thirty-first day of December ; the same to be in 
addition to the appropriations heretofore made on account 
of the present year. 

For the payment of salaries and wages at the state alms- 
house at Tewksbury, a sum not exceeding thirteen thou- 
sand dollars ; and for other cuirent expenses of said insti- 
tution, a sum not exceeding fifty-one thousand dollars. 

For the payment of salaries and wages at the state pri- 
mary school, a sum not exceeding twelve thousand dollars ; 
and for other current expenses of said institution, a sum 
not exceeding twenty-seven thousand dollars. 

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

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

For the payment of salaries and wages at the state 
reform school for boys, a sum not exceeding fourteen thou- 
sand seven hundred dollars ; and for other current ex- 
penses of said institution, a sum not exceeding twenty-five 
thousand one hundred and seventy-five dollars. 

For the payment of salaries and wages at the state 
industrial school for girls, a sum not exceeding three 
thousand one hundred dollars; and for other current ex- 
penses of said institution, a sum not exceeding eight thou- 
sand five hundred dollars. 

For the payment of salaries and wages at the state work- 
house at Bridgewater, a sum not exceeding seven thou- 
sand five hundred dollars ; and for other current expenses 
of said institution, a sum not exceeding twenty-eiglit 
thousand dollars. 

For the support and relief of state lunatic paupers in 



Salaries and 
wastes. — 
State almshouse 



State primary 
school. 



State prison. 



State prison for 
women. 



State I'eforra 
school for boys 



State industrial 
school for girls. 



State work- 
house. 



1879. — Chapter 281. 



609 



state hospitals, and in the state asylum for chronic insane 
at Worcester, a sum not exceeding seventy-five thousand 
dolhirs. 

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

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

For the temporary support of state paupers by cities and 
towns, a sum not exceeding nineteen tliousand dolhirs. 

For the salary of the secretary of the board of state 
charities, six hundred and twenty-five dollars ; for such 
clerical assistance as said secretary may find necessary, a 
sum not exceeding one thousand one hundred and fifty 
dollars ; and for hicidental expenses, a sum not exceeding 
one hundred and fifty dollars. 

For the salary of the general agent of the boaid of state 
charities, seven hundred and fifty dollars ; for such cleri- 
cal assistance as said agent may find necessary, a sum not 
exceeding two thousand five hundred dollars ; and for in- 
cidental expenses, a sum not exceeding six hundred and 
fil'ty dollars. 

For the salary of the visiting agent of the board of state 
charities, six hundred and twenty-five dollars ; for such 
clerical assistance as said visiting agent may find neces- 
sary, a sum not exceeding two thousand one hundred and 
thirty dollars ; and for incidental expenses, a sum not ex- 
ceeding one 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 assistance as said 
agent may find necessary, a sura not exceeding one thou- 
sand dollars ; and for incidental expenses, a sum not ex- 
ceeding eight hundred and fifty dollars. 

For the transportation of state paupers, a sum not ex- 
ceeding seven thousand five hundred dollars. 

For expenses attending the management of cases of ■set- 
tlement and bastardy, or in connection with complaints of, 
or in behalf of, persons confined as lunatics, a sum not ex- 
ceeding one thousand five hundred dollars. 

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

For the support of state beneficiaries in the Massachu- 
setts infant asylum, a sum not exceeding nine thousand 
dollars. 

For the salary of the agent for discharged convicts, the 



State lunatic 
paupers. 



Support of state 
paupers by 
cities and towns. 

Burial of state 
paupers. 

Temporary sup- 
port of state 
paupers. 

Board of state 
charities. 
Salary of 
secretary. 



Expenses. 



Salary of gen- 
eral agent. 

Clerical assist- 
ance and ex- 
penses. 



Salary of 
visiting agent. 

Clerical 
assistance and 
expenses. 



Salary of agent 
of sick state 
poor. 

Clerical 
assistance and 
expenses. 



Transportation 
of state paupers. 

Management of 
cases of settle- 
ment, etc. 



Idiotic and 
feeble minded 
j'outh. 

Infant asylum. 



610 



1879. — Chapters 282, 283, 284. 



Agent for 
convicts. 



Commitments 
to prison for 
women. 



Commissioners 
of prisons. 



Transportation 
of intoxicating 
liquors. 



sum of seven hundred and fifty dollars ; and for the ex- 
penses of said agent, a sum not exceeding two thousand 
two hundred and fifty dolhirs. 

For expenses incurred in the removal and commitment 
of prisoners to the prison for women, a sura not exceeding 
five hundred dollars. 

For the salary of the secretary of the commissioners of 
prisons, one thousand five hundred dollars ; and for cler- 
ical and other expenses of said commissioners, a sum not 
exceeding twelve hundred dollars. 

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

Approved April 29, 187 9. 

Chap. 2^2 An Act to amend " an act in relation' to the transporta- 
tion OF INTOXICATING LIQUORS IN VIOLATION OF LAW." 

Be it enacted, t&c, as follows : 

Section 1. Section one of chapter two hundred and 
seven of the acts of the year eighteen hundred and sev- 
enty-eight is hereby amended by inserting in the second 
line thereof after the word " licenses," the words " of the 
first, second, third, fourth and fifth classes." 

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

Approved April 29, 1879. 

Chap. 283 An Act concerning the examination of persons arrested 

ON MESNE process OR EXECUTION, AND OF JUDGMENT DEBT- 
ORS. 

Be it enacted, &c., asfolloivs: 

Section 1. All hearings and examinations under 
chaptei' two hundred and fifty of the acts of the year 
eighteen hundred and seventy-seven, shall be oral unless 
the parties, or one of them, shall request the same to be 
in whole, or in part, in writing. 

Section 2. The magistrates before whom hearings 
and examinations may be held under the provisions of 
chapter two hundred and fifty of the acts of the year 
eighteen hundred and seventy-seven, shall be the magis- 
trates named in section nine of chapter one hundred and 
twenty-four of the General Statutes. 

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

Ax)proved April 29, 1879. 

Chap. 2'^^ An Act to prevent the dangers and anxoyances caused 

BY THE escape OF STEAM FROM LOCOMOTIVES. 

Be it enacted, &c., as folloivs: 
Mufflers to be Section 1. Auy railroad corporation making use of 

vacuura'braivcs. ^uy vacuuiu brake, so called, shall provide and use on 



Examination 
of persons 
arrested lor 
debt. 



Magistrates 
before wliom 
hearings may 
be held. 



1879. — Chapter 285. 



611 



every locomotive equipped with said brake, except loco- 
motives on which some appliance shall be used as herein- 
after permitted for purposes of expeiiment, such a mufHer 
or other appliance for deadening the noise incident to its 
operation as shall have received the written approval of 
the board of railroad commissioners : provided, that any 
other appliance may be used for the purpose of experi- 
ment only, but for not more than thirty days upon any 
locomotive, nor upon more than two locomotives of the 
same corporation at any one time. 

Section 2. Any corporation making use upon its loco- 
motives of a pop or other safety valve shall provide and 
use therewith a suitable and sufficient appliance for dead- 
ening the sound made by steam escaping therefrom : pro- 
vided^ however^ that if such appliance materially retards 
the escape of steam, or increases the pressure upon the 
boiler, an additional safety valve, without such appliance, 
shall be used ; which additional valve shall be set at a 
higher point than the other, but below the point at which 
explosion is likely to occur. 

Section 3. All applications to the board of railroad 
commissioners under this act, for approval of appliances, 
shall be in writing, and such approval when given shall at 
all times be subject to be revoked by said board, by writ- 
ten notice to each corporation. 

Section 4. Any corporation violating any of the pro- 
visions of this act shall forfeit a sum of not less than one 
hundred or more than three hundred dollars for every 
locomotive used by it in violation of any of such provis- 
ions, and a further sum of five dollars for each and every 
day upon which such locomotive shall thereafter be run 
in violation of any of said provisions. 

Section 5. This act shall take effect on the first day 
of October eighteen hundred and seventy-nine. 

A2yproved April 29, 1879. 

An Act concerning accounts of savings banks. 
Be it enacted, &c., as follows : 

Section 1. The commissioners of savings banks may 
prescribe the manner and form of keeping and auditing 
the books and accounts of an}^ savings bank or institution 
for savings. 

Section 2. In addition to the statements now required 
in the annual returns of savings banks and institutions 
for savings, each treasurer thereof shall state the number 
of deposits of one thousand dollars and upwards, the num- 



Appliance to be 
used for deaden- 
ing sound of 
steam escaping 
from safety 
valve. 

Proviso. 



Applications for 
approval to be in 
writing. 



Penalties. 



To take effect 
Oct. 1, 1879. 



Chap. 285 



Commissioners 
may prescribe 
forms of 
accounts. 



Statements in 
annual returns 
of banks. 



612 



1879. — Chapter 286. 



Chap. 286 



Ballots not to 
be marked. 



To be of plain 
white paper. 



To be printed 
■with black ink. 



Size of ballot. 



Proviso. 



Names, in letters 
less than one- 
half the size in 
which a majority 
are printed, not 
to be counted. 



Penalties. 



ber and amount of deposits of two hundred dollars and 
less, of one hundred dollars and less, and of fifty dollars 
and less, respectively; also the number and amount of 
deposits held by women, by g'liardians, in trust, and by 
charitable associations, respectively. 

Approved April 29, 1879. 

An Act to preserve the purity of elections. 
Be it enacted, c&c, as follows: 

Section 1. It shall be unlawful at any election for 
the choice of any national, state, district, county, city 
or town officers to mark the ballot of any voter, or to 
deliver to any voter such marked ballot for the purpose 
of ascertaining how he shall vote at such election. 

Section 2. All ballots used at any such election shall 
be of plain white paper, in weight equal to that of ordi- 
nary printing paper, without any impression, device or 
mark whatsoever to distinguish one ballot from another 
in appearance, except the names of the several candidates 
and of their residences, words designating the several 
offices to be filled, and words at the head of the ballot, all 
of which shall be written or printed with black ink ; and 
in case the names of candidates are printed upon any 
ballot, the same shall be in letters of a uniform size. 
Each ballot having the names of more than three candi- 
dates thereon shall be four and a half inches in width, or 
within one-fourth of an inch of such width, and twelve 
inches in length, or within a half of an inch of such 
length. And it shall be unlawful for any person to print 
for distribution at the polls, or distribute to any voter, or 
cast any ballot, printed or written, contrary to the pro- 
visions of this act: provided, that nothing herein contained 
shall be construed to i:)rohibit the erasure, correction, 
or insertion of any name, by pencil mark or otherwise, 
upon the face of the printed ballot, or authorize the 
rejection of any ballot, after it has been received into the 
ballot box. for any want of conformity with the require- 
ments of this act. 

Section 3. In the counting of the ballots at any such 
election, the name of any candidate printed u})on any 
ballot in letters less than one-half the size of the letters 
in which a majority of the names of candidates on the 
same ballot are printed shall not be counted nor be held 
to be of any effect whatever. 

Section 4. Any person or persons offending against 
sections one and two of this act shall be deemed guilty of 



1879. — Chapters 287, 2»8. 613 

a misdemeanor, and, on conviction thereof l)efore any 
court of competent juiisdiction, shall he fined in a snm 
not exceeding one hundred dollars, and imprisoned in the 
county jail not exceeding sixty days. 

Section 5. All acts and parts of acts inconsistent with Repeal. 
this act are hereby repealed. 

Approved April 29, 1879. 

An Act to establish the salary of the clerk of the Chap. 281 

RAILROAD COMMISSIOXERS, AND TO LIMIT THE COMPENSATION 
OF THEIR ACCOUNTANT. 

Be it enacted, &c., asfoUoivs: 

Section 1. The annual salary of the chairman of the salaries 
board of railroad commissioners shall be four thousand dol- 
lars, and of the remaining members of said board thirty- 
five hundred dollars each, and that of the clerk of the 
board of railroad commissioners shall be two thousand 
dollars ; and the compensation allowed to the accountant, 
authorized under section three of chapter one hundred and 
eighty-five of the acts of the year eighteen hundred and 
seventy-six, shall not exceed two thousand dollars per 
year. 

Section 2. This act shall take effect on the first day To take effect 
of May of the present year. "^^ ' 

Approved April 30, 1879. 

An Act to fix the salaries of the deputy tax commis- Chap. 288 
sioner and commissioner of corporations, and the per- 
sons employed in his department. 

Be it enacted, &c , asfoUoivs: 

Section 1. The salary of the deputy tax commis- salary of 
sioner and commissioner of corporations shall be twenty- commLioner. 
seven hundred and fifty dollars a year, and at the same 
rate for any part of a year, and the same shall be in full 
compensation for the duties of both offices. 

Section 2. There may be employed in the office of cier'^jTsf ^ 
the deputy tax commissioner and commissioner of corpo- 
rations two permanent clerks ; the first at a salary of 
eighteen hundred dollars a year, the second at a salary of 
thirteen hundred dollars a year, and at the same rate for 
any part of a year. There may also be employed in said 
office such additional clerks and other assistance as may 
be necessary for the despatch of public business, at an 
expense not exceeding eleven thousand dollars a year : 
provided, that no such clerk or assistant shall receive 
compensation or salary at a rate of exceeding one thou- 



6U 



1879. — Chapters 'i89, 290. 



Repeal. 



Chap. 289 



Report of the 
board of prison 
commissioners. 



CArtp.290 



Appropriations. 



Troj'and Green- 
fiold Railroad. 
Double tracks. 



Steel rails. 



Land for 
sidings. 



Arch and 
ventilating flues. 



Excavating for 
and building 
brick arch. 



Iron bridge at 
Dewey vi He. 



sand dollars a year, and that in the payment of additional 
clerks no distinction on account of se.x: shall he made in 
the rate of compensation or salary for the same kind of 
service performed. 

Section 3. All acts and parts of acts inconsistent 
herewith are hereby repealed. 

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

A2)proved April 30, 1879. 

Ax Act to amend " an act concerning the preparation, 

PRINTING AND DISTRIBUTION OF PUBLIC DOCUMENTS." 

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

Section one of chapter two hundred and sixty-four of 
the acts of the year eighteen hundred and scAienty-eight 
is hereby amended by inserting at the end of said section 
the following words, viz. : — 

'• Report of the board of prison commissioners, one 
thousand copies." Approved April 30, 1879. 

An Act making appropriations for the improvement and 
maintenance of the troy and greenfield railroad and 
hoosac tunnel. 

Be it enacted, &g., as follows : 

Section 1. The sum of one hundred and twenty-nine 
thousand seven hundred and eighty-five dollars is hereby 
appropriated, to be expended under the direction of the 
governor and council, for the improvement and mainte- 
nance of the Troy and Greenfield Railroad and Hoosac 
Tunnel, as follows, namely: — 

A sum not exceeding sixty thousand dollars for the 
expenses of double tracking the Troy and Greenfield Rail- 
road between North Adams and the state line of the state 
of Vermont. 

A sum not exceeding four thousand five hundred dol- 
lars for steel rails. 

A sum not exceeding fifteen thousand dollars for sidings, 
and for land for sidings, gravel pits, and other pur})Oses. 

A sum not exceeding twenty thousand dollars for con- 
structing an arch and one or more ventihiting Hues at the 
central shaft of the Hoosac Tunnel. 

A sum not exceeding five thousand two hundred and 
eighty-five dollars to excavate for and construct a brick 
arch between stations two thousand and twenty and two 
thousand and fifty-five in the Hoosac Tunnel. 

A sum not exceeding twenty-five thousand dollars for 
constructing a double track iron bridge at Dewey ville. 



1879. — Chapter 291. 



615 



TTnexpended 
biilai)c(^8 to be 
UBC'd for sidings 
and ballasting. 

To be taken 
from earnings. 



Money required 
wider 1878, 277, 
to be paid from 
tlie state 
treasury. 



Certain state 

boards 

abolished. 



Any balance of tlie foregoing appropriations unexpended 
after the fulfilment of the purpose for which it is made 
maybe used for constructing sidings or in ballasting under 
the track in the Hoosac Tunnel. The foregoing sums 
shall be taken from time to time as required from the bal- 
ance of the Troy and Greenfield Railroad fund in the 
treasury of the Commonwealth. 

The sums of money required under chapter two hun- 
dred and seventy-seven of the acts of the year eighteen 
hundred and seventy-eight shall be paid from the treasury 
of the Commonwealth instead of from the earnings of 
the said railroad and tunnel. 

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

Ap2)roved Ajrnl 30., 1879. 

An Act to create a state board of health, lunacy and Chap. 291 

CHARITY. 

Be it enacted, <£:c., as follows: 

Sectiox 1. The state board of health, the board of 
state charities, the boards of trustees of the state re- 
form school and the state industrial school, the boards 
of inspectors of the state primary school, the state alms- 
house, and the state workhouse, the advisory boards, of 
women to the inspectors of the state almshouse and of 
the state primary school, and to the trustees of the state 
reform school, and the visiting agency created by chapter 
three hundred and fifty-nine of the acts of the year eigh- 
teen hundred and seventy, are hereby abolished. 

Section 2. The governor, with the advice and consent 
of the council, shall appoint nine persons, who shall con 
stitute a state board of health, lunacy and charity. They 
shall hold their offices for five years : provided, that the 
terms of office of the nine first ap[)ointed shall be so 
arranged that the term of one shall expire in five years, 
and the terms of two in four, three, two years, and one 
year respectively ; and the vacancies so created, as well as 
all vacancies occurring otherwise shall be filled by appoint- 
ment or re-appointment by the governor and council. 

Section 8. The board shall have all the powers and 
duties and may exercise all the functions of the boards 
abolished by section one hereof, and of all their bureaus 
and agents, including the agency thereby abolished, except 
as hereinafter provided ; and said board may assign any of 
its powers and duties to agents appointed for the purpose, 
and may execute any of its functions by such agents, or 
by committees appointed from and by said board. 



State board of 
health, lunacy 
and charity 
established. 

Terms of office. 



Powers and 
duties. 



616 



1879. — Chapter 291. 



Board to have 
8upervi.*ion of 
charitable and 
reformatory 
institutions. 



To act as com- 
missioners of 
lunacy. 



To inspect pri- 
vate asylums for 
the insane. 



Contagious 
and infectious 
diseases. 



To appoint 
officers and fix 
compensation. 



To hold monthly 
meetings. 



Annual report. 



Section 4. Said board shall have general supervision 
over all the state, charitable and retorniatory institutions 
mentioned herein, including the state lunatic hospitals, 
the state almshouse, the state workhouse, the state 
primary school, the state reform school, and the state 
industrial school for girls. And said board may, when 
directed by the governor, assume and exercise the powers 
of the boards of trustees of said institutions, in any matter 
relating to the management thereof, excepting the trusts 
herein mentioned. 

Section 5. Said board shall act as commissioners of 
lunacy, with power to investigate the question of the 
insanity and condition of any person committed to any 
lunatic hosj^ital or asylum, jjublic or private, or restrained 
of his libert}^ by reason of alleged insanity, at any 
place within this Commonwealth ; and shall discharge any 
person, so committed or restrained, if in their opinion 
sucli person is not insane, or can be cared for after such 
discharge, without danger to others, and with benefit to 
such person. And the members of said board, in person 
or by agents, shall visit and inspect every private asylum 
or receptacle for the insane within the Commonwealth, at 
least once in every six months. 

Section 6. In case of small pox, or other contagious or 
infectious disease dangerous to the public health, existing 
or likely to exist in any place within the state, said board 
shall investigate the same, and the means of preventing 
the spread thereof : and shall consult thereon with the local 
authorities and shall have co-ordinate powers as a board 
of health, in every place, with the board of health or 
health officer thereof, and with the mayor and aldernun or 
the selectmen, when no such boaid or officer exists in such 
place. 

Section 7. Said board, with the consent of the gov- 
ernor, shall appoint such officers as are necessary, antl lix 
their compensation, within the limits of the annual appro- 
priation. Said board shall be provided with rooms at tlie 
state house, and shall hold meetings each month on a day 
fixed by said board, and at such other times as may be 
needful. The board shall make its own by-laws, and shall 
make a report of its doings to the governor and council, 
on or before the thirty-fiist day of December in each year, 
such report being made up to the thirtieth day of Septem- 
ber inclusive. It shall embody in its report a properly classi- 
fied and tabulated statement of the recei])ts ami expenses 
of said board and of each of the several institutions named 



1879. — Chapter 291. 617 

in this act for the said year, and a corresponding classified 
and tabulated statement of their estimates for the year 
ensuing, with its opinion as to the necessity or expediency 
of appropriations in accordance with said estimates ; ])ut 
this provision shall not apply to estimates for the ordinary 
expenses of lunatic hos})itals. Said report shall also pre- 
sent a concise review of the work of the several institu- 
tions herein named for the year preceding, with such sug- 
gestions and recommendations as to said institutions, and 
the charitable, reformatory, and liealth interests of the 
state, as may be deemed expedient. The members of said to serve wuh- 
board and the members ot the boards of trustees of the o'^t^compensa- 
state institutions herein named shall receive no compen- 
sation for their services ; but their travelling and other 
necessary expenses shall be allowed and paid ; and no 
person employed by the board shall be a member thereof. 

Section 8. The governor, with the advice and consent Board of 
of the council, shall appoint a board of seven trustees, two ap"pointVd.^* 
of whom shall be women, who shall have charge of the 
government of the state reform school at Westborough, 
the state industrial school for girls at Lancaster, and the 
state primary school at Monson ; and shall be known as 
the Trustees of the State Primary and Reform Schools. 
They shall hold office five years: provided^ that the terms Terms of office. 
of the seven first appointed shall be so arranged that the 
term of two shall expire in one year, two in two years, 
one in three years, one in four years and one in five years ; 
and the vacancies so arising, as well as vacancies otherwise 
occurring, shall be filled by appointment or re-appointment 
by the governor and council. And no person employed 
by the board and receiving compensation shall be a mem- 
ber thereof. Said board of trustees shall be a corporation, To be a corpora- 
for the purpose of taking, holding and investing, to them- ofhow'iifggms! 
selves and their successors, in trust for the Common- fantsor 

1 • f T 1 1 bequests. 

wealth, any grant or devise ot lands, and any gitt or 
bequest of money or other personal property, made for 
the use of the institutions of which they are trustees, or 
either of them; and they shall succeed to the trusts and To succeed to 
powers heretofore held or acquired hy the boards of trus- inTpowers!* 
tees, and the treasurers of the state reform and the state 
industrial schools, and said board of trustees shall have Powers and 
the powers and perform the duties of the trustees and in- 
spectors of the institutions named in this section, except 
as otherwise provided in this act. 

Section 9. The governor, with the advice and consent Trustees of 
of the council, shall appoint five persons, including two «'^^'^''''"«'^o"«e- 



618 



1879. — Chapter 292. 



Trustees of 
Btate work- 
house. 



Superintendents 
and physicians 
to be elected 
annually and 
compensation 
fixed by 
trustees. 



Proviso. 



Laws applying: 
to boards, etc., 
abolished, to 
apply to new 
board. 



When to take 
effect. 



women, who shall be known as the Board of Trustees of 
the State Almshouse, and who shall have the powers and 
perform the duties now had and performed by the inspect- 
ors of said almshouse. They shall hold office for three 
years; but of the five first appointed, two shall hold office 
for three years, two for two years and one for one year; 
and all vacancies so occurring as well as vacancies other- 
wise arising shall be filled as above by appointment or re- 
appointment. And a like l)oard of five shall be appointed 
and commissioned as above, and shall be knoAvn as the 
Board of Trustees of the State Workhouse, and shall 
have all the powers, and perform all the duties now had 
and performed by the inspectors of said workhouse, and 
make all rules and regulations for the government of the 
same. And no person employed by either board shall be a 
member thereof. 

Section 10. The superintendents and physicians of 
all the state institutions herein named, except the lunatic 
hospitals, shall be elected annually and their compensation 
fixed by the boanl of trustees having charge of each insti- 
tution respectively, said compensation liaving first been 
approved by the governor and council ; and the other offi- 
cers shall be hereafter appointed, and their compensation 
fixed by the superintendents with the approval of the 
trustees : 'provided, that the amount paid for such salaries 
shall not exceed in the aggregate the sum appropriated by 
the legislature for the purpose. The officers of the state 
lunatic hospitals shall be appointed and paid as they now 
are. 

Section 11. All laws applying to the boards, bureaus 
and agencies hereby abolished shall apply to the l)oard 
created by section two of this act. All acts and parts of 
acts inconsistent herewith are hereby repealed. 

Section 12. This act shall take effect on the first day 
of July in the year eighteen hundred and seventy-nine: 
provided, that the members of said boards may be ap- 
pointed at any time after the })assage of this act. and may 
appoint agents and officers, and assign their duties before 
said first day of July. 

Approved April 30, IS79. 



Chap. 292 An Act relating to the probate offices of the several 

COUNTIES. 

Be it evaded, &c., as follows : 

Judges, regis- SECTION 1. No judgc, register, or assistant register of 

ters, etc., not to p^.^ij^^g a,jj insolvcucy ill any county, or any other person 



1879. — Chapter 293. 



619 



engaged in the performance of any of the duties of the 
probate office in any county, shall be interested in or ben- 
efited by the fees or emoluments arising from any suit or 
matter pending before the probate court of such county ; 
nor act as counsel or attorney, either in or out of court, in 
any suit or matter pending before said court, nor in an 
appeal therefrom ; nor be executor, administrator, guard- 
ian, commissioner, appraiser, divider, or assignee, of or 
upon any estate within the jurisdiction of such court ; nor 
be interested in the fees or emoluments arising from either 
of said trusts: provided^ that nothing herein contained 
shall be construed to cause the removal of any executor, 
administrator or guardian, now acting as such, except 
upon petition and cause shown. 

Section 2. The register of probate and insolvency for 
the county of Bristol may annually be allowed, if deemed 
necessary by the judge of probate and insolvency in said 
county, a sum not exceeding one-third of the salary of the 
said register for extra clerical assistance actually per- 
formed, and the same shall be paid by the treasurer of the 
Commonwealth. Said allowance may date from the first 
day of March of the current year. The judge of the said 
court shall audit and approve the accounts of the register. 

Section 3. All acts and parts of acts inconsistent 
herewith are hereby repealed. 

Section 4. This act shall take effect on the first day 
of May in the year eighteen hundred and seventy-nine. 

Approved April 30, 1879. 



receive fees nor 
act as counsel. 



Not to be execu- 
tor, administra- 
tor, etc. 



Proviso. 



Register for 
Bristol County 
may be allowed 
for extra cleri- 
cal assistance. 



Repeal. 



To take effect 
May 1, 1S79. 



County officers 
to make return 
under oath of 
sums of money 
received by 
them, to bank 
commissioners. 



An Act to provide for the auditing of the accounts of Chap. 293 

COUNTY officers. 

Be it enacted, &c., as follows: 

Section 1. The county commissioners, sheriffs, jailers, 
treasurers, clerks of courts and bail commissioners in the 
several counties shall keep an accurate record of, and shall 
on or before the tenth day of January in each year make 
return under oath to the commissioners of savings banks 
of, all sums of money which have in any way been re- 
ceived by them or to their use, by reason or on account of 
their said offices, or in their official capacity, and also of 
all expenditures made or incurred by them by reason or on 
account of the same, for the calendar year next preceding. 
The commissioners of savings banks shall examine the 
same and compile the material parts thereof in tabular 
form, and on or before the tenth day of February in each 
year report the same to the legislature. 



Commissioners 
to examine and 
report to the 
legislature. 



620 



1879. — Chapter 294. 



Commissioners 
to examine 
accounts :ind 
vouchers. 



May subject 
accounts to the 
examination of 
an expert. 



Allowance for 
clerical a.^sist- 
ance. 



Compensation. 



Chap. 294 



Board of coni- 
niissioners (if 
prisons cstab- 
ishud. 



To serve with- 
out conipensa- 



Sectton 2. The commissioners of savings banks are 
hereby directed to inspect personally the accounts of the 
above named officers at least once a year in each of said 
counties, without previous notice to said officers, and to 
examine the vouchers for all expenditures made b}' said 
officers or for their account or upon their authority, and 
said commissioners of savings banks shall endeavor so far 
as is possible to secure uniformity and correctness in the 
method of keeping said accounts, and shall, together with 
the returns required by section one of this act, make such 
suggestions and recommendations to the legislature as will 
in their opinion tend to secure such results. It shall be 
their duty, if in their judgment the circumstances of any 
case shall require it, to subject the Ijooks, accounts and 
papers of any such officer to the examination of an expert, 
and for this purpose, as well as for the personal examina- 
tion by said commissioners, said books, accounts, and 
papers shall at all times be open to their inspection. 

Section 3. Said commissioners of savings banks shall 
be allowed for clerical assistance in the duties imposed by 
this act and in their other duties, the sum of one thousand 
dollars a year, the same to be expended under their direc- 
tion, and the actual expenses incurred in travelling, and 
three hundred dollars each as salary, in addition to the 
amount authorized by law. 

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

Approved April 30, 1S79. 

An Act to establish a board of commissioners of prisons. 
Be it enacted, &c., asfolloivs: 

Section 1. The governor, with the advice and consent 
of the council, shall, as soon as may be after the passage 
of this act, appoint five commissioners of prisons, two of 
whom shall be women, whose terms of office shall expire 
as provided in this section. On the first Wednesday of 
July in each year, the term of office of the senior member 
of tlie board, as they stand arranged in the list of their 
appointments, shall terminate, and the name of the person 
appointed to fill the vacancy shall be placed at the bottom 
of the list ; and other vacancies may at an}' time be filled, 
and the name of the person appointed substituted in the 
list for the remainder of the vacant term. No member of 
the board of commissioners of prisons shall receive any 
conqjensation ; but the actual personal expenses of any 
member while engaged in official duties shall be allowed 
and paid. IS'o member of the board of commissioners of 



1879. — Chapter 294. 



621 



prisons shall be concerned or interested, directly or indi- 
rectl}-, in any contract, purchase, or sale, made on account 
of any prison in the Commonwealth. 

Section 2, The commissioners of prisons shall elect 
a secretary, who shall be their executive .officer, and shall 
hold his office during their pleasure. He shall perform or 
superintend the work prescribed in this act, and such 
other duties as the commissioners may require. He shall 
receive from the treasury an annual salary, payable in the 
manner prescribed by law, of two thousand dollars, and 
his necessary expenses incurred in the perforinance of his 
official duties. The secretary of said board shall not be 
ex officio a member thereof, but the board may, whenever 
they deem it necessary, elect one of their members secre- 
tary />ro tempore, who may in the absence of the secretary 
perform the duties of that officer. 

Section 3. The commissioners of prisons shall, as far 
as practicable, classify all prisoners held under sentence in 
all the jails and houses of correction in the state, or that 
may be committed thereto at any time hereafter, having 
reference to sex, age, character, condition, and offences, 
and in such a manner as to promote the reformatioji, safe 
custody, and economy of support, of the prisoners, and 
the separation of male and female prisoners ; and for this 
purpose may remove prisoners from one jail to another jail 
in the same or in any other county, and from one house of 
correction to another in the same or in any other county ; 
and the said prisoners shall serve the remainder of their 
terms of sentence in the prisons to which they shall be so 
removed from time to time. 

Section 4. The commissioners of prisons may remove 
from time to time female prisoners held under sentence in 
any jail or house of correction in the Commonwealth, the 
work-house at Bridgewater, or in the house of industry at 
Deer Island, to the reformatory prison for women, or there- 
from to any of the aforesaid institutions, where the said 
prisoners shall serve the remainder of their terms of sen- 
tence. 

Section 5. Upon the application of the county com- 
missioners of any county, the commissioners of prisons 
may cause any person confined in any house of correction 
under sentence imposed for any offence mentioned in sec- 
tion twenty -eight of chapter one hundred and sixty-five of 
the General Statutes, and chapter two hundred and thirty- 
five of the acts of the year eighteen hundred and sixty -six, 
to be transferred with the mittimus to the state work- 



Secretary to be 
elected by the 
board. 



Salary. 



Commissioners 
to classify 
prisoners. 



May remove 
prisoners from 
one jail to 
another. 



May remove 
female prisoners 
to or from re- 
formatory 
prison for 
women. 
1879, 229, § 3. 



May transfer, 
upon applica- 
tion of county 
commissioners, 
from house of 
correction to 
state work- 
house. 



622 



1879. — Chapter 294. 



Support of per- 
80118 transferred. 



OflScer author- 
ized to serve 
criminal process 
may remove 
prisoner. 



Costs and ex- 
penses of re- 
moval. 
1879, 229, § 4. 



Order for re- 
moval to be 
signed by sec- 
retary. 



Commissioners 
may prepare 
rules for direc- 
tion of officers 
and government 
of prisoners. 



house, there to be kept durmg the remainder of the sen- 
tence in the same manner as if such person had been 
originally committed thereto ; and the transfer shall be 
made in the manner prescribed in sections seven, eight, 
and nine of this act. The commissioners of prisons shall 
have the same power to discharge any person so removed 
as is now vested in the county commissioners. 

Section 6. The county from which any person is 
removed under the provisions of section five of this act 
shall pay for his support such sum per week as may be 
fixed by the board of state charities, and all moneys so 
received shall be paid into the state treasury in the manner 
now provided by law. 

Section 7. Any officer Authorized to serve criminal 
processes in the county from which a prisoner is sen- 
tenced or removed under the provisions of this act may 
serve the process by which such prisoner is committed or 
removed to any other county, or to the reformatory prison 
for women, or to the state work-house. 

Section 8. All the costs and expenses of the commit- 
ment and removal of any prisoner under this act shall be 
paid by the county from which such prisoner is removed, 
and shall be taxed and allowed in the same manner as 
other criminal costs are now taxed and allowed. 

Section 9. Every order for the removal of prisoners 
under the provisions of this act shall be signed by the 
secretary of the commissioners of prisons, and directed to 
the officer who is to make such removal. All mittimuses, 
processes, and other official papers, or the attested copies 
thereof, b}^ which a prisoner is committed or held, shall, at 
the time of such removal, be transferred, together with 
the order therefor, to the prison to which said prisoner is 
removed, there to be kept in the same manner as if such 
prisoner was originally committed thereto. 

Section 10. The commissioners of prisons shall from 
time to time prepare rules and regulations, consistent with 
the laws of the state, for the direction of the officers 
of each of the jails or houses of correction in discharge of 
their duty, the government, employment, and discipline of 
the convicts, and the custody and preservation of the pub- 
lic property ; and the}' shall cause authentic copies thereof 
to be laid before the governor and council, who may ap- 
prove, annul, or modify the same. All jailers of jails, 
masters or keepers of houses of correction, county com- 
missioners, and the directors of public institutions in the 
ciiv of Boston, shall continue to have and exercise the 



1879. — Chapter 294. 623 

same powers and duties in reference to said jails and houses 
of correction that they now have, except so far as is othei- 
wise provided in this act; but they shall not make any 
rules and regulations inconsistent with the rules and reg- 
ulations established by the commissioners of prisons under 
this act. 

Section 11. The commissioners of prisons, or one of to visit jaiis and 
them, shall visit all the jails and houses of correction in recuon as often 
the state once in six months, and oftener if they see fit, momhs.'" "^ 
for the purpose of inspecting the books and all the con- 
cerns of said jails and houses of correction, and ascertain- 
ing whether the laws, rules, or regulations are duly ob- 
served, the officers competent and faithful, and the convicts 
properly governed and employed ; and for this purpose 
shall have all the powers in respect to such jails and houses 
of correction that the county commissioners or the direct- 
ors for public institutions in the city of Boston now have 
as inspectors of prisons in their several counties. 

Section 12. The commissioners of prisons shall have Tohavesuper- 

ii 1 • • i? J.1 i. J. • 1 i? J.1 vision of state 

tiie general supervision oi the state prison and or the re- prison and 
forraatory prison for women, and shall make all necessary pr^g^foi/^ 
rules and regulations, consistent with the laws of the Com- women, 
mon wealth, for the government and direction of the officers 
of the said prisons in the discharge of their duties, the 
government, employment, discipline, and instruction of 
the convicts therein, and the custody and preservation of 
the property connected with said prisons. And they shall Letterbox 
have placed in each of the institutions herein named a mates! °^*° 
lock letter-box, accessible to the inmates, the key of which 
shall be kept by the commissioners, and every inmate shall 
have the right to deposit therein any communication in 
writing under seal, addressed to the commissioners or any 
member of the board. They shall also make such regula- 
tions in regard to the rations, clothing, and bedding of the 
convicts in said prisons, as the health, well being, and cir- 
cumstances of each convict may require ; but all diet, 
rations, clothing, beds, and bedding shall be of good qual- 
ity, and in sufficient quantity for the sustenance and com- 
fort of the convicts ; and said bedding shall include mat- 
tress, blanket and pillow. No intoxicating liquors shall intoxicating 
be furnished to the convicts. Said commissioners, with fuiSed to° ^^ 
the warden of the state prison, and with the siq^erintend- convicts. 
ent of the reformatory prison for women, respectively, 
shall cause provision to be made in said prisons or their 
dependencies for keeping the convicts therein employed in Labor of coa- 
some useful labor suited to their respective capacities. As ^''^'®' 



624 



1879. — Chapter 294. 



Deputy-wardin 
and other offi- 
cers, except 
assistant watch- 
men, to be ap- 
pointed by 
warden with ap- 
proval of com- 
miasioners. 



Commissioners, 
or one of them, 
to visit state 
prison and re- 
formatory 
prison at least 
once in each 
month. 



Full board to 
examine prisons 
semi-annually. 

Violations of 
law and 
omissions of 
duty to be re- 
ported to gov- 
ernor and coun- 
cil. 



Officers, if un- 
faithful or in- 
competent or 
usintc intoxicat- 
ing liquors as a 
beverage, to be 
forthwith 
removed. 



soon as may be after the establishment of any rules or 
regulations in regard to said prisons, as provided in this 
section, tlie commissioners of piisons shall cause authentic 
copies thereof to be laid before tlie governor and council, 
who shall approve, annul, or modify the same. 

Section 13. The deputy-warden, and all other officers 
of the state prison except the assistant watchmen, shall be 
appointed by the warden, subject to the approval of the 
commissioners of prisons, and shall hold their offices dur- 
ing the pleasure of the warden and said commissioners. 
The assistant watchmen shall be appointed by the warden, 
and shall hold office during his pleasure. The warden 
shall immediately report to the commissioners of prisons 
all appointments made by him. 

Section 14. The commissioners of prisons, or one of 
them, shall visit the state prison and the reformatory 
prison for women at least once in each month ; and said 
prisons shall be visited by a majority of the board of com- 
missioners once in three months, and oftener if they think 
necessary, for the purpose of inspecting the books and all 
the concerns of the prisons, and ascertaining whether the 
laws, rules, and regulations relating to the said prisons are 
duly observed, the officers competent and faithful, and the 
convicts properly governed and employed. The full board 
of commissioners shall also visit said prisons semi-annually, 
and make a thorough examination thereof. 

Section 15. The commissioners of prisons shall forth- 
with report to the governor and council all violations of 
law, and omissions of duty, which shall come to their 
knowledge, on the part of the warden, chaphiin. or phy- 
sician and surgeon, of the state prison, or on the ]>art of 
the superintendent, treasurer and steward, or chaplain or 
physician, of the reformatory prison for women. 

Section 16. Every officer of the state prison holding 
his place at the pleasure of the warden of the state prison 
and the commissioners of prisons, and every officer and 
employee of the reformatory prison for women holding a 
position at the pleasure of the superintendent of said 
prison and said commissioners, shall, if found unfaithful 
or incompetent, or known to use intoxicating liquors as a 
beverage, be by them forthwith removed. In case of a 
disagreement between said warden or said superintendent 
and the commissioners of prisons in relation to the re- 
moval of any such officer or empUnee, the subject may be 
referred to the governor and council, who may make such 
removal. » 



1879. ^Chapter 294. 



625 



subject to ex- 
aiiiiiiiitioii of 
coiamiissioners. 



Bills to be ap- 
proved by com- 
missioners be- 
fore payment. 



All contracts to 
be approved by 
commissioners. 



Section 17. All books and documents re]ating to the Books and doc- 
concerns of the state prison and the reformatoiy prison ll'"'iate prison ^ 
for women shall at all times be open to the examination of aud lefonmitory 

. . . f • 1 T ^ 1 prison, to be 

the commissioners of prisons, who shall semi-annually 
carefully examine said books, and compare them with the 
vouchers and documents relating thereto. They may em- 
ploy an expert accountant to make an examination of said 
books, vouchers, and documents, if at any time they deem 
such an examination necessary. 

Prison Contracts. 

Section 18. All bills contracted by the warden, or 
treasurer and steward, for purchases on account of said 
prisons, shall be approved by a majority of the commis- 
sioners of prisons before payment. 

Section 19. All contracts on account of the state 
prison and the reformatoiy prison for women shall be made 
by the warden of the state prison, or the treasurer and 
steward of the reformatory prison for women, respectively, 
in writing, and, when approved in writing by the commis- 
sioners of prisons, shall be binding, except that contracts 
for the labor of the inmates of the reformatory prison for 
women shall be made by the superintendent thereof: pro- 
vided., ho'weve)\ that no contract for the labor of prisoners 
in eitlier of said prisons shall be made without the approval 
of the governor and council. Said warden, and treasurer 
and steward, or their successors, may sue or be sued upon 
any contract made in accordance with the provisions of 
this act to final judgment or execution. No such suit shall 
abate by reason of said offices becoming vacant ; but any 
successor of either of said officers, pending such suit, may 
take upon himself the prosecution or defence thereof; and 
upon motion of the adverse party, and notice, he shall be 
required so to do. 

Section 20. When a controversy arises respecting any 
contract made by the warden, or treasurer and steward, as 
aforesaid, or a suit is pending thereon, the said warden, or 
treasurer and steward, may submit the same to the final 
determination of arbitrators or referees to be approved by 
the commissioners of prisons. 

Section 21. When, in the opinion of the commissioners 
of prisons, it can be advantageously done, the principal 
articles purchased for the use of the prisons aforesaid shall 
be contracted for by the year. The warden, or treasurer 
and steward, as the case may be, shall give previous pub- 
lic notice, in two newspapers at least, of the articles 



Proviso. 



W^arden, and 
treasurer and 
steward, may sue 
and be sued. 



Matters in con- 
troversy may be 
submitted to 
arbitrators. 



Principal arti- 
cles to be pur- 
chased may be 
contracted for 
by the year. 



Advertisement 
for proposals. 



626 



1879. — Chapter 294. 



Proposals to be 
in writing. 



Contractor to 
give bond. 



wanted, the quantity and qiialit}'^ thereof, the time and 
manner of delivery, and the period during which proposals 
therefor will be received; which notice shall l)e published 
a sufficient time foi- the information of persons who may 
desire to offer proposals. 

Section 22. All such proposals shall be in writing, 
and sealed; and on the day appointed they shall be opened 
by the warden, or treasurer and steward, in presence of 
the commissioners of prisons, who shall cause them to be 
entered in a book, and compared. The persons offering 
the best terms, with satisfactory security for the perform- 
ance, shall be entitled to the contract, unless it appears to 
the said commissioners that it is not for the interest of the 
state to accept any of the proposals ; in which case no 
offer shall be accepted, and the warden, or treasurer and 
steward, with the consent of the said commissioners, may 
proceed to make contracts for any of the articles wanted, 
in the best way in which it can be done for the interest of 
the Commonwealth. Every contractor shall give a bond 
in a reasonable sum, with satisfactory suret}- or sureties, 
for the performance of his contract. 



Officers appoint- 
ed by the super- 
intendent. 



Compensation 
of engineer, 
farmer, etc., 
determined by 
commissioners. 



Discharge of 
prisoners. 



The Reformatory Prison eor Women. 

Section 23. All officers and employees of the reforma- 
tory prison for women, except the superintendent, treas- 
urer and steward, and chaplain, and physician, shall be 
a])pointed by the superintendent, subject to the approval 
of the commissioners of prisons, and shall hold their offices 
during the pleasure of the superintendent and said com- 
missioners. 

Sp:ction 24. The commissioners of prisons shall be 
authorized to employ, and determine the compensation to 
be paid to the engineer, the farmer, the gatekeeper, the 
stablemen, if any, and other necessaiy male servants or 
hiied laborers of the reformatory prison for women ; which 
compensation shall be paid by the treasurer of said prison. 

Section 25. The commissioners of prisons shall have 
the same power of discharging persons confined for any 
cause in the reformatory ))rison ft)r women that county 
commissioners have of discharging prisoners from houses 
of correction. There shall also be vested in said commis- 
sioners of prisons all the powers in relation to the reform- 
atory prison for wcnnen (which are not by the provisions 
of cliapter three hundied and eighty-five of the acts of the 
year eighteen hundred and seventy-four given to the 



1879. — Chapter 294. 



627 



superintendent, and treasurer and steward) that county 
commissioners have in relation to houses of correction. 

Section 26. The keepers of jails, and masters of 
houses of correction, and the superintendents of houses 
of industry and work-houses, shall, whenever a female is 
committed to the prison under their respective charge, 
forthwith transmit to the secretary of the commissioners 
of prisons such an abstract of the mittimus on which she 
is committed as the said commissioneis may prescribe. 



Jailers, etc., to 
send .ibstract of 
mittimuH to 
corainisiiioiiers 
when a female 
is committed. 



Aiding Discharged Convicts. 

Section 27. The commissioners of prisons may expend 
for the assistance of convicts discharged from the state 
prison a sura not exceeding three thousand dollars annu- 
ally ; and for tlie assistance of convicts discharged from 
the reformatory prison for women, a sum not exceeding 
fifteen hundred dollars annually. The commissioners of 
prisons may employ, at a salary not exceeding one thou- 
sand dollars annually, a person to act as their agent in 
aiding convicts discharged from the state prison. Said 
agent shall, under the direction of the commissioners, 
counsel and advise, and, when and as he deems proper and 
expedient, furnish with clothing, board, and tools suitable 
for their employment, such- discharged convicts of the 
state prison as may seek his aid ; and shall take measures 
to pi'ocure employment for such of them as may desire it, 
by correspondence with persons in mechanical and agri- 
cultural pursuits, and with benevolent j)ersons and asso- 
ciations. 

Section 28. The commissioners of prisons shall cause 
to be kept an account of the moneys expended by said 
agent for the necessary expenses of the service required 
by section twenty -seven of this act, for correspondence 
and travel to procure employment for discharged convicts, 
for furnishing the clothing, board, and tools required by 
law, and for conveying discharged convicts to their homes, 
or places of employment, when said agent deems it proper 
to pay therefor ; which being approved by the auditor of 
accounts, the governor shall, at the end of each month, 
draw his warrant on the treasury therefor. 

Section 29. The warden of the state prison may in his 
discretion pay to said agent such sums of money as he is 
authorized by section sixty-three of chapter one hundred 
and seventy-nine of the General Statutes to pay to con- 
victs. The agent shall expend what he thus receives for 



Aid to dis- 
charged con- 
victs. 



Agent may be 
appointed. 



Account to be 
kept of moneys 
expended by 
agent. 



Warden may 
pay over to 
agent, money 
authorized to be 
paid to convict. 



628 



1879. — Chapter 291. 



Agent to make 
annual report of 
his doings to 
commissioners. 



Reports and 
returns to be 
made to com- 
missioners. 



Allowance for 
clerical assist- 
ance and blanks. 



Prisoners in 
state prison and 
reformatory 
prison may be 
employed in 
making needed 
articles, each for 
the other. 



Report of value 
of labor. 



Commissioners 
to report annu- 
ally to the 
legislature. 



the benefit of such convicts, and account therefor to the 
commissioners of prisons. 

Section 30. The said agent shall, on or before the 
fifteenth day of October in each year, cause to be made to 
the commissioners of prisons a full and detailed account 
of his doings as such agent for the year ending on the last 
day of the preceding month, which report shall be in- 
cluded by the commissioners of prisons in their annual 
report ; and the commissioners shall also submit a full and 
detailed account of all moneys expended by them in aid 
of discharged female convicts. 

Section 31. All the reports and returns now required 
by law to be made by the warden of the state prison, the 
superintendent of the reformatory prison for women, by 
the jailers of the jails, by the masters or keepers of houses 
of correction, or by the county commissioners, in respect 
to the jails or liouses of correction, or by the directors of 
public institutions in the city of Boston, shall hereafter be 
made to the commissioners of prisons. That the report 
and returns made in pursuance of this chapter may be 
properly compiled for presentation to the legislature, the 
commissioners of prisons are hereby authorized to expend 
not exceeding one hundred and fifty dollars annually for 
blanks, and not exceeding seven hundred dollars annually 
for clerical assistance. 

Section 32. The commissioners of prisons are author- 
ized, whenever they deem it expedient, to cause the unem- 
ployed prisoners in the state prison to be employed in tlie 
manufacture or repair of articles needed at the reformatory 
prison for women, and the unemployed prisoners at the 
reformatory prison for women in the manufacturs or repair 
of articles needed at the state prison. The commissioners 
of prisons shall, in their annual report, submit a statement 
showing the estimated value of all labor performed under 
this section. 

Reports. 

Section 33. The commissioners of prisons shall annu- 
ally, in the first week of the month of January, make to 
the legislature a full and com[)lete report of their doings 
during the year preceding, stating fully and in detail all 
expenses incurred, and showing the actual condition on 
the thirtieth day of September of the slate prison, the 
reformatory prison for women, and the jails and houses of 
correction in all the counties of the state, the number 
of inmates in each, with such suggestions andrecommenda- 



1879. — Chapter 294:. 



629 



tions as they may deem proper. Said report shall embrace 
statements which shall be made to them by the warden of 
the state prison, and the superintendent and treasurer and 
steward of the reformatory prison for women, of the gen- 
eral condition of said prisons, the amount of liabilities and 
of outstanding claims, giving the names of debtors and 
creditors, the sums due to or from each, and time when 
payable. It shall also contain detailed accounts of the 
expenditures for the said prisons for the year ending on 
the thirtieth day of September ; the cost of all changes 
made in the buildings of said prisons; the names, position, 
pay, and allowances of the several officers and employees ; 
the amount received for the labor of prisoners ; the names 
of contractors for whom the labor was performed ; a copy 
of all contracts for the labor of prisoners in said prisons ; 
the kinds of labor; the number of days, and pay per day, 
of each prisoner ; the average cost of the support of each 
inmate ; the number of volumes in the libraries in said 
prisons ; and such other facts in relation to said state 
prison and said reformatory prison for women as they deem 
proper. They shall also present in said report estimates 
of the sums which will be required to meet the expenses 
of said prisons for the following year, specifying in detail 
the amount for salaries, for subsistence, for clothing, for 
bedding, for fuel, for repairs, and for incidentals, together 
with the probable income of each prison from labor and 
from all other sources. 

. Section 34. The power and authority given to the 
warden and inspectors in section forty-three of chapter 
one hundred and seventy-nine of the General Statutes, 
and the power and authority given to, and the duties 
required of, the inspectors of prisons, in the several sec- 
tions of said chapter not repealed by or incorporated in 
this act, are hereby transferred to the commissioners of 
prisons. 

Section 35. The board of inspectors of the state 
prisons, the commissioners of prisons, the agent for dis- 
charged convicts, and the advisory board of women to 
said commissioners, are hereby abolished. 

Section 36. Sections ten, eleven, fourteen, fifteen, six- 
teen, seventeen, eighteen, thirty-two, thirty-three, thirty- 
four, thirty-five, forty-three, forty-five, forty-six, forty- 
seven, fifty-nine, sixty-one, sixty-four, sixty-five, sixty-six, 
sixty-seven, and sixty-eight, of chapter one hundred and 
seventy-nine of the General Statutes ; sections one, two, 
three, five, six, seven, eight, nine, ten, eleven, and twelve, of 



BtatemoTits of 
ward on, Buper- 
inti'iuUiit, and 
treasurer and 
steward. 



Detailed 
account of 
expenditures. 



Amount 
received for 
labor. 



Estimates of 
sums required 
for tlie year. 



Certain powers 
of warden and 
inspectors trans- 
ferred to com- 
missioners. 



Instruction. 



Certain hoards, 
etc., abolished. 



Repeal. 



630 



1879. — Chapters 295, 296. 



Chap. 295 



Salaries of 
county com- 
missioners and 
special com- 
missioners. 



Barnstable. 

Berkshire. 

Bristol. 

Dukes County. 

Essex. 

Franklin. 

Hampden. 

Hampshire. 

Middlesex. 

Norfolk. 

Plymouth. 

Worcester. 

Repeal. 



To take effect 
July 1, 1879. 



chapter thre^e hundred and seventy of the acts of tlie year 
eighteen hundred and. sevent}' ; chapter ninety-six of the 
acts of the year eighteen hundred and seventy-six ; chapter 
one liundred and. twenty of the acts of the year eighteen 
hundred and sevent3'-seven ; and sections seven, nine, 
twelve, thirteen, fourteen, fifteen, sixteen, nineteen, twenty 
and twent3'-two, of cHapter three hundred and eight3'-five 
of tlie acts of the year eighteen hundred and seventy-four, 
are hereby repealed. 

Section 37. This act shall take effect upon its passage. 

Approved April 30, 1879. 

An Act fixing the salaries of county co-m.missioners. 
Be it enacted^ &c., as follows: 

Section 1. The commissioners and special commis- 
sioners of the several counties of the Commonwealth shall 
receive from the county treasuries of their respective 
counties, in equal semi-annual payments, in January and 
July, in full payment for all their services and travel, 
payable as now provided by law, the following annual 
salaries : — 

For the county of Barnstable, eleven hundred dollars. 

For the county of Berkshire, sixteen hundred dollars. 

For the county of Bristol, two thousand dollars. 

For the county of Dukes County, four hundred dollars. 

For the county of Essex, thirty-two hundred dcjllars. 

For the county of Franklin, eleven hundred dollars. 

For the county of Hampden, sixteen hundred dollars. 

For the count}^ of Ham|)shire, twelve hundred dollars. 

For the county of Middlesex, tliirty-six hundred dollars. 

For tlie county of Norfolk, nineteen hundred dollars. 

For the county of Plymouth, nineteen hundred dollars. 

For the county of Worcester, thirty-four hundred dollars. 

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

Section 3. This act shall take effect on the first day 
of July in the year eighteen hundred and seventy-nine. 

Approved April 30, 1879. 



Chap. 296 An Act making appropriations for expenses authorized 

THE PRESENT YEAR, AND FOR OTHER PURPOSES. 

Be it enacted, tfcc, as follows: 
Appropriations. SECTION 1. The suiHs hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Common- 
wealth, from the ordinary revenue, for the purposes speci- 
fied in certain acts and resolves of the present year, and 
for other purposes, to wit : — 



1879. — Chapter 296. . 631 

In the resolve, chapter two, in favor of the widow of widow of 
James Long, the sum of five hundred dollars. '""''*' °"^* 

In the resolve, chapter eight, in favor of the Massachu- Eye and Ear 
setts charitable eye and ear infirmary, the sum of nine ^°"''™"'y- 
thousand dollars. 

In the resolve, chapter twelve, in favor of the disabled Disabled 
soldiers' employment bureau, the sum of three thousand employment 
dollars. ^"'■"'"• 

In the resolve, chapter thirteen, in favor of the reform Reform Scbooi. 
school at Westborough, a sum not exceeding two thou- 
sand five hundred dollars. 

In the resolve, chapter fifteen, in favor of the state state 
almshouse at Tewksbury, a sum not exceeding seven -'^i™*!^^"^^- 
thousand five hundred dollars, in accordance with the 
provisions of said resolve. 

In the resolve, chapter seventeen, in favor of the town Town of 
of Williamstown, the sum of one hundred thirty-eight wiiiiamstown. 
dollars and seventy-nine cents. 

In the resolve, chapter eighteen, in favor of George George white. 
White, the sum of three hundred fifty-two dollars and 
fifty-four cents. 

In the resolve, chapter twenty-one, reimbursing the city city ofcheisea 
of Chelsea and the towns of Northampton and Brockton Northmiipton 
for pa3'ments made on account of rent of armories, a sum and Brockton. 
not exceeding five hundred eighty-three doHars and forty- 
seven cents. 

In the resolve, chapter twenty-three, in favor of James James Meu-in. 
Melvin, a sum not exceeding ninety dollars. 

In the resolve, chapter twenty-six, in favor of Maria H. Marian. sar- 
Sargent, the sum of two hundred dollars. ^^"'' 

In the resolve, chapter twentj'-nine, to reimburse the city of Boston. 
city of Boston for abating a nuisance, the sum of eight 
thousand one hundred eighty-seven dollars and thirty 
cents. 

In the resolve, chapter thirty-two, in favor of Mark Mark Pickering. 
Pickering, the sum of two hundred dollars. 

In the resolve, chapter thirty-three, in favor of John John Donneiiy. 
Donnelly, the sum of one hundred dollars. 

In the resolve, chapter thirty-four, in favor of the state Deaf and dumb, 
beneficiaries in the asylums for the deaf and dumb, the 
sum of eleven thousand one hundred thirty-seven dollars 
and thirty-five cents. 

In the act, chapter seventy-eight, establishing the com- Assistant clerks 
pensation of the assistant clerks of the senate and house, hous".''^'' ^"^ 
the sum of one thousand six hundred dollars. 

In the act, chapter one hundred and twenty-three, estab- 



632 



1879. — Chafier 296. 



Attorney-Gen- 
eral and assist- 
tant. 



Commissioners 
on savings 
banlis. 



Inspector of 
gas meters. 



Adjutant-gen- 
eral and em- 
ployees. 



Bureau of 
statistics. 



Agricultural 
societies. 

Board of 
agriculture. 



Secretary. 



Incidental 
expenses. 



Deaf and dumb. 



Normal scliools. 



Xorraal school 
buildiug. 



lishiiig the salary of the attorney-general and his assistant, 
a sum not exceeding one thousand eight hundred seven- 
teen dollars and sixteen cents for the former, and a sum 
not exceeding one thousand four hundred thirty-two dol- 
lars and seventy-eight cents for the latter. 

In the act, chapter one hundred and twenty-four, estab- 
lishing the compensation of the commissioners on savings 
banks, a sum not exceeding three thousand six hundred 
sixteen dollars and sixty-six cents. 

In the act, chapter one hundred and seventy-two, estab- 
lishing the compensation of the inspector of gas-meters, a 
sum not exceeding one thousand five hundred dollars. 

In the act, chapter one hundied and ninety-seven, estab- 
lishing the salaries of the adjutant-general and the 
employees in his department, a sum not exceeding twelve 
thousand one hundred thirty-eight dollars and thirty-one 
cents. 

For the salary of the chief of the bureau of statistics of 
labor, a sum not exceeding one thousand eight hundred 
and seventy-five dollars ; and for the salary of his clerk, a 
sum not exceeding one thousand one hundred and twenty- 
five dollars. 

For bounties to agricultural societies, a sum not exceed- 
ing sixteen thousand eight hundred dollars. 

For the peisonal expenses of members of the boaid of 
agriculture, a sura not exceeding one thousand two hun- 
dred dollars. 

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 sum not exceeding one hundred and fifty dollars. 

For the board and tuition of state beneficiaries in the 
asylums for the deaf and dumb, a sum not exceeding 
twenty-five thousand dollars. 

For the support of normal schools, a sum not exceed- 
ing thirty-five thousand dollars ; to be paid from the 
moiety of the income of the school fund applicable to 
educational purposes. 

For repairs upon the Bridge water normal school build- 
ing, a sum not exceeding live hundred dollars ; and for 
insurance of the boarding houses at the normal schools, 
a sum not exceeding three hundred dollars, which may be 
allowed and paid ; but hereafter no board or officer shall 
be allowed to insure any property of the Commonwealth 
without special authority of law. 



1879. — Chapter 297. 633 

For the support of the state normal art school, a sum NomaiArt 

T 1 • Till ocnool. 

not exceeding thirteen thousand dollars. 

For the salaries and expenses of the agents of the board Board of 
of education, a sum not exceeding four thousand nine 
hundred dollars. 

For expenses incurred in the construction and repair Ro^dsintown 
of roads in the town of Mashpee, a sum not exceeding 
three hundred dollars. 

Sectioj^ 2. This act shall take effect upon its passage. 

Approved April 30, 1879. 

An Act to provide for the recovery of damages for Chap. 291 

INJURIES CAUSED BY THE USE OF INTOXICATING LIQUORS. 

Be it enacted, t&c, as follows: 

Section 1. Every husband, wife, child, parent, guard- Recovery of 
ian, employer, or other person, who shall be injured in i^judircau'ed 
person or property, or means of support, by any intoxicated ^^i^*^? atlng^ 
person, or in consequence of the intoxication, habitual or iiquors. 
otherwise, of any person, shall have a right of action in 
his or her own name, severally or jointly, against any per- 
son or persons who shall, by selling or giving intoxicating 
liquors, have caused the intoxication, in whole or in part, 
of such person ; and any person or persons owning, rent- 
ing, leasing, or permitting the occupation of, any building 
or premises, and having knowledge that intoxicating 
liquors are to be sold therein, or who, having leased the 
same for other purposes, shall knowingly permit therein 
the sale of any intoxicating liquors, shall, if any such 
liquors sold or given therein, have caused, in whole or in 
part, the intoxication of any person, be liable, severally or 
jointly, with the person or persons selling or giving intoxi- 
cating liquors as aforesaid, for all damages sustained, and 
the same may be recovered in an action of tort : provided, proviso. 
hoivever, that no owner or lessor of any building or prem- 
ises held under lease at the date of the passage of this 
act shall be liable, under the provisions of this act, for 
any damage resulting from the lawful sale or giving away 
of spirituous or intoxicating liquors on said premises 
during the term of such lease. A married woman may Married woman 
bring such action in her own name, and all damages recov- ^'J.^on^inler 
ered by her shall inure to lier separate use ; and all dam- own name, 
ages recovered by a minor, under this act, shall be paid 
either to such minor, or to such person, in trust for him, 
and on such terms, as the court may direct. In case of 
the death of either party, the action, and right of action, 
shall survive to or against his executor or administrator. 



634 



1879. — Chapter 298. 



Owner may 
recover of 
tenant. 



License not to SECTION 2. No license for the sale of intoxicating 

out^writteii'con- liquors sliall hereafter be granted without the consent, in 

buiidin"'^"'''^ "^ writing, of the owner or lessor of the building or premises 

upon which the business is to be conducted ; and tlie j)aper 

containing said written consent shall be kept on file by the 

clerk of tiie city or town in which said license is issued. 

Section 3. Any owner or lessor of real estate, who 

shall pay any money on account of his liability incurred 

under this act, for any act of his tenant, may, in an action 

of contract, recover of such tenant the money so paid. 

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

Ax>j)roved April 30, 1879. 

Chap. 298 -^^ ^^t to appoution and assess a state tax of five hundred 

THOUSAND dollars. 

Be it enacted, &c., as folloios : 

Section 1. Each city and town in this Commonwealth 
shall be assessed and pay the several suras with which they 
stand respectively charged in the following schedule ; that 
is to say : — 



State tax of 
$500,000. 



Barnstable 
County. 



BARXSTABLE COUXTY. 




Barnstable 


Seven hundred and eighty dollars . 


$780 00 


Brewster . 


Two hundred and five dollars . 


205 00 


Chatham . 


Two hundred and fifty dollars 


250 00 


Dennis 


Four hundred and sixty dollars 


460 00 


Eastham . 


Sixty-five dollars .... 


G5 00 


Falmouth . 


Six hundred and eighty-five dollars 


685 00 


Harwich . 

Mashpee . 


Three hundred and twenty-five dol- 
lars, 

Thirty dollars. .... 


325 00 

30 00 


Orleans 


One hundred and fifty dollars . 


150 00 


Provincetown . 


Five hundred and fifty dollars 


550 00 


Sandwich . 


Four hundred and five dollars 


405 00 


Truro 


Ninety dollars .... 


90 00 


Wellfleet . 


Two hundred and seventy dollars . 


270 00 


Yarmouth . 


Four liundred and twenty dollars . 


420 00 




^4,685 00 



1879. — CHArxER 298. 

BERKSHIRE COUNTY. 



635 



Berkshire 
County. 



Adams 


Six hundred and thirty dollars 


$630 00 


Alford 


Eighty dollars .... 


80 00 


Becket 


One hundred and forty dollars 


140 00 


Cheshire . 


Three hundred and five dollars 


305 00 


Clarksburg 


Seventy-five dollars 


75 00 


Dalton 


Three hundred and sixty-five dollars 


365 00 


Egremont . 


One hundred and seventy dollars . 


170 00 


Florida 


Sixty dollars 


60 00 


Gt. Barrington . 


Nine hundred and fifty-five dollars . 


955 00 


Hancock . 


One hundred and twenty-five dollars 


125 00 


Hinsdale . 


Two hundred and forty dollars 


240 00 


Lanesborough . 


Two hundred and twenty dollars . 


220 00 


Lee . . . 


Five hundred and sixty dollars 


560 00 


Lenox 


Four hundred dollars 


400 00 


Monterey . 


Eighty dollars .... 


80 00 


Mt. Washington 


Twenty-five dollars 


25 00 


New Ashford . 


Twenty-five dollars 


25 00 


New Marlboro' . 


Two hundred and forty dollars 


240 00 


North Adams . 
Otis . 


One thousand two hundred and fif- 
teen dollars 

Eighty dollars .... 


1,215 00 
80 00 


Peru . 


Forty-five dollars .... 


45 00 


Pittsfield . 
Richmond . 


Two thousand five hundred and 

thirty dollars .... 

One hundred and sixty-five dollars 


2,530 00 
165 00 


Sandisfield 


One hundred and twenty-five dollars 


125 00 


Savoy- 


Sixty-five dollars .... 


65 00 


Sheffield . 


Three hundred and thirty-five dollars 


335 00 



636 



Berksliire 

County. 



1879. — Chapter 298. 

BERKSHIRE COUXT Y— Coxcluded. 



Stockbridge 
Tyringham 


Seven hundred and eighty-five dol- 
lars 

Seventy-five dollars 


$785 00 
75 00 


Washington 


Seventy dollars .... 


70 00 


W. Stockbridge 


Two hundred and fifty dollars 


250 00 


Williamstown . 


Five hundred and twenty dollars . 


520 00 


Windsor . 


Sixty-five dollars .... 


65 00 




§11,020 00 



Bristol County. 



BRISTOL COUNTY, 



Acushnet . 
Attleborough 
Berkley 
Dartmouth 
Dighton 
Easton 
Fairhaven . 
Fall River.. 
Freetown . 
Mansfield . 
New Bedford 
Norton 
Raynham . 
Rehoboth . 
Seekonk . 
Somerset . 
Swanzey . 



One hundred and seventy dollars . 

One thousand two hundred and nine- 
ty-five dollars .... 
Ninety dollars .... 

Five hundred and twenty-five dollars 

Two h undred and thirty-five dollars 

Eight hundred and thirty dollars . 

Four hundred and forty-five dollars 

Thirteen thousand three hundred 

and fifty-five dollars . 
Two hundred and ten dollars . 

Three hundred and thirty-five dollars 

Seven tlioiisand two hundred and 

ninety dollars .... 

Two hundred and forty-five dollars 

Three hiuidred and fifty dollars 

Two hundi-ed and thirty dollars 

One hundred and seventy-five dollars 

Three hundred dollars 

One huiulred and ninety-five dollars 



§170 00 



1,295 00 
90 00 


525 00 


235 00 


830 00 


415 00 


13,355 00 
210 00 



335 00 



7,290 00 
245 00 


350 00 


230 00 


175 00 


300 00 


195 00 



1879. — Chapter 298. 
BRISTOL COUNTY — CoNCLUDKD. 



637 

Bristol County. 



Taunton • 
Westport . 



Amesbury 

Andover 

Beverly 

Boxford 

Bradford 

Danvers 

Essex 

Georgetown 

Gloucester 

Groveland 

Hamilton 

Haverhill 

Ipswich 



Four thousand seven hundred and 

eighty-five dollars 
Four hundred and ten dollars . 



DUKES COUNTY. 



ESSEX COUNTY. 



Five hundred and ten dollars . 

One thousand and seventy-five dollar 

Two thousand three hundred and 

eighty dollars 
One hundred and seventy dollars 

Three hundred and ninety dollars 

One thousand and seventy dollars 

Two hundred and seventy-five dollar 

Three hundred dollars 

Two thousand five hundred dollars 

Two hu.ndred and fifty dollars 

One hundred and fifty dollars 

Three thousand dollars . 

Six hundred and five dollars . 



4,785 00 
410 00 



$31,470 00 



Dukes County. 



Chihnark . 


Eighty-five dollars .... 


$85 00 


Edgartown 


Four hundred and eighty-five dollars 


485 00 


Gay Head . 


Five dollars 


5 00 


Gosnold 


Fifty dollars 


50 00 


Tisbury 


Two hundred dollars 


200 00 




$825 00 



Essex County. 



1510 00 
1,075 00 

2,380 00 
170 00 

390 00 

1,070 00 

275 00 

300 00 

2,500 00 

250 00 

150 00 

3,000 00 

605 00 



638 



Ksscx County, 



1879. — Ch.\pter 298. 

ESSEX COUNTY — Concluded. 



Lawrence . 
Lynn 

Lynnfield . 
Manchester 
Marblehead 
Merrimac . 
Methuen * . 
Middleton . 
Nahant 
Newbury . 
Newburyport 
North Andover 
Peabody . 
Rockport . 
Rowley 
Salem 
Salisbury . 
Saugus 
Swampscott 
Topsfield . 
Wenham . 
West Newbury 



Six thousand three hundred and fif- 
teen dollars ..... 

Seven thousand four hundred and 
sixty dollars .... 

Two hundred and twenty-five dollars 

Four hundred and ninety dollars 

One thousand one hundred and 

eighty-five dollars 
Two hundred and eighty dollars 

Six hundred and seventy dollars 

One hundred and thirty-five dollars 

Two thousand and seventy dollars . 

Two hundred and eighty-five dollars 

Two thousand one hundred and 

eighty-five dollars 
Six hundred and twenty dollars 

One thousand eight hundred and 

twenty-five dollars 
Six hundred and ten dollars . 

One hundred and sixty dollars 

Seven thousand three hundred and 

forty-five dollars . 
Six hundred and fifteen dollars 

Five hundred and ten dollars . 

Seven hundred and fifteen dollars 

Two hundred and fifteen dollars 

One hundred and sixty-five dollars 

Three hundred and ten dollars 



§0,315 00 

7,460 00 
225 00 

490 00 



1,185 00 
280 00 


070 00 


135 00 


2,070 00 


285 00 


2,185 00 
620 00 


1,825 00 
610 00 



100 00 



7,345 00 
615 00 


510 00 


715 00 


215 00 


165 00 


310 00 


147,065 00 



1879. — Chapter 298. 

FRANKLIN COUNTY. 



639 



Ashfield 


One hundred and fifty-five dollars . 


$155 00 


Bemai-dstoii 


One hundred and twenty dollars 


120 00 


Buckland . 


One hundred and seventy-five dollars 


175 00 


Charlemont 


One hundred and five dollars . 


105 00 


Colrain 


One hundred and ninety -five dollars 


195 00 


Conway 


•Two hundred and thirty dollars 


230 00 


Deerfield . 
Erving 


Four hundred and seventy-five dol- 
lars 

One hundred dollars 


475 00 
100 00 


Gill . 


One hundred and thirty-five dollars 


135 00 


Greenfield . 
Hawley 


Eight hundred and eighty-five dol- 
lars 

Fifty dollars 


885 00 
50 00 


Heath 


Fifty-five dollars . . . , 


55 00 


Leverett . 


Ninety-five dollars .... 


95 00 


Leyden 


Sixty-five dollars .... 


65 00 


Monroe 


Fifteen dollars .... 


15 00 


Montague . 
New Salem 


Five hundred and seventy-five dol- 
lars 

Ninety-five dollars .... 


575 00 
95 00 


Northfield . 


Two hundred and fifteen dollars 


215 00 


Orange 


Four hundred and forty-five dollars 


445 00 


Rowe 


Fifty dollars 


50 00 


Shelburne . 


Two hundred and sixty-five dollars 


265 00 


Shutesbury 


Fifty dollars 


50 00 


Sunderland 


One hundred and thirty-five dollars 


135 00 


Warwick . . 


Eighty-five dollars .... 


85 00 


Wendell . 


Fifty dollars 


50 00 


Whately . 


Two hundred and twenty dollars . 


220 00 




#5,040 00 



Franklin 
County. 



640 



Hampden 

County. 



1879. — Chapter 298. 

HAMPDEN COUNTY. 



Hampshire 
County. 



Agawam . 

Blandford . 

Brimfield . 

Chester 

Chicopee . 

Granville . 

Holland 

Holyoke . 

Longmeadow 

Ludlow 

Monson 

Montgomery 

Palmer 

Kussell 

Southwick 

Springfield 

Tolland . 

Wales 

Westfield . 

W. Springfield 

Wilbraham 



Three hundred and fifty-five dollars 

One hundred and fifteen dollars 

One hundred and sixty-five dollars 

One hundred and fifty-five dollars 

One thousand six hundred and fif 

teen dollars .... 
One hmidred and twenty dollars 

Thirty-five dollars . 

Two thousand eight hundred and 

eighty dollars 
Three hundred and eighty dollars 

One hundred and fifty-five dollars 

Four hundred and five dollars . 

Forty dollars .... 

Five hundred and twenty dollars 

One hundred and fifteen dollars 

One hundred and seventy-five dollars 

Eleven thousand and fifteen dollars 

Sixty-five dollars . . . . 

One hundred and twenty-five dollars 

One thousand nine hundred and 

eighty-five dollars 
Eight hundred and thirty dollars . 

Two hundred and seventy-five dollars 



6355 


00 


115 00 


165 


00 


155 00 


1,015 
120 


00 
00 



35 00 

2.880 00 
380 00 

155 00 

405 00 

40 00 

520 00 

115 00 

175 00 

11,015 00 

65 00 
125 00 



1,985 00 
830 00 

275 00 



$21,525 00 





HAMPSHIRE COUNTY. 




Amherst . 


Seven hundred and five dollars 


§705 00 


Belchertown 


Three hundred dollars . 


300 00 


Chesterfield 


Ninety dollars 


90 00 



HA 



1879. — Chapter 298. 
MPSHIRE COUNTY — Concluded. 



641 



Cummington 


One hundred and twenty dollars 


1120 00 


Easthampton 


Seven hundred and five dollars 


705 00 


Eufield . 


Two hundred and ten dollars . 


210 00 


Goshen 


Thirty-five dollars .... 


35 00 


Granby 


One hundred and forty-five dollars . 


145 00 


Greenwich 


Eighty-five doUars .... 


85 00 


Hadley . 


Four hundred and five dollars 


405 00 


Hatfield . 


Three hundred and fifty-five dollars 


355 00 


Huntington 


One hundred and forty-five dollars . 


145 00 


Middlefield 


One hundred and five dollars . 


105 00 


Northampton . 
Pelham 


Two thousand one hundred and fif- 
teen dollars 

Fifty dollars 


2,115 00 
50 00 


Plainfield . 


Sixty-five dollars .... 


65 00 


Prescott . 


Fifty-five dollars . . . 


55 00 


South Hadley . 


Five hundi-ed and twenty-five dollars 


525 00 


Southampton 


One hundi-ed and forty dollars 


140 00 


Ware 


Five hundred and thirty-five dollars 


535 00 


Westhampton . 


Eighty dollars .... 


80 00 


Williamsburg . 


Three hundred and eighty doUars . 


380 00 


Wortliington 


One hundred doUars 


100 00 




$7,450 00 



Hampshire 
County. 



MIDDLESEX COUNTY. 



Middlesex 
County. 



Acton 


Three hundred and sixty dollars 


1360 00 


Arlington . 
Ashby 


One thousand six hundred and sev- 
enty dollars .... 
One hundred and fifty dollars 


1,670 00 
150 00 


Ashland . 


Foiu" hundred and five dollars 


405 00 



642 



Middlesex 
CounVy. 



1879. — Chapter 298. 

MIDDLESEX COUNTY — Continued. 



Ayer . 

Bedford 

Belmont . 

Billerica . 

Boxborough 

Burlington 

Cambridge 

Carlisle 

Chelmsford 

Concord 

Dracut 

Dunstable . 

Everett 

Framingham 

Groton 

Holliston . 

Hopkinton 

Hudson 

Lexington . 

Lincoln 

Littleton . 

Lowell 

Maiden 

Marlborough 

Maynard . 

INIedford . 



Three hundred and five dollars 
Two hundred and five dollars . 

One thousand one hundred and 
twenty dollars ... 

Four hundred and seventy-five dol 
lars 

Seventy-five dollars 

One hundred and forty-five dollars 

Seventeen thousand three hundred 

and eighty-five dollars 
One hundred and five dollars . 

Four hundred and fifteen dollars 

Eight hundred and forty dollars 

Two hundred and eighty dollai's 

Ninety-five dollars . 

One thousand one hundred and 

sixty dollars 
One thousand three hundred and 

five dollars .... 
Six hundred and ten dollars . 

Five hundred and twenty dollars 

Six hundred and forty dollars 

Four hundred and seventy-five dol 

lars ..... 
Eight hundred and fifteen dollars 

Two hundred and thirty-five dollars 

Two hundred and ten dollars . 

Ten thous.and five hundred and 

fifty dollars .... 

Two thousand six hundred dollars . 

Nine hundred and forty dollars 

Three hundred and sixty-five dollars 

Two thousand five hundred and 
sixty-five dollars .... 



$305 00 
205 00 

1,120 00 

475 00 
75 00 

145 00 

17,385 00 
105 00 

415 00 

840 00 

280 00 

95 00 

1,160 00 



1,305 00 
610 00 


520 00 


640 00 


475 00 
815 00 


235 00 


210 00 


10,550 00 
2,600 00 


940 00 


865 00 



2,565 00 



1879. — Chapter 298. 
MIDDLESEX COUNTY — Concluded. 



643 



Middlesex 
County. 



Melrose 
Natick 
Newton 
Novtli Reading 
Pepperell . 
Reading . 
Sherborn . 
Shirley 
Somerville 
Stoneham . 
Stow . 
Sudbury . 
Tewksbury 
Town send . 
Tyngsborough 
Wakefield . 
Waltham . 
Watertown 
Way land . 
Westford . 
Weston 
Wilmington 
Winchester 
Woburn 



One thousand one hundred and 

ninety dollars .... 

One thousand and tliirty-five dollars 

Eight thousand and forty dollars . 

One hundred and twenty-five dollars 

Four hundred dollars 

Six hundred and fifty dollars . 

Two hundred and fifty dollars 

Two hundred and sixty-five doUai's . 

Seven thousand seven hundred and 
twenty dollars .... 
Eight hundred and sixty dollars 

One hundred and ninety-five dollars 

Two hundred and eighty dollars 

Two hundred and fifty dollars 

Two hundred and thirty dollars 

Eighty-five dollars .... 

One thousand two hundred and 
seventy dollars .... 

Two thousand seven hundred and 
thirty-five dollars 

Two thousand one hundred and forty 
dollars. . . . . . 

Three hundred and ten dollars 

Three hundred and ten dollars 
Four hundred and sixty dollars 
One hundred and fifty dollars . 

One thousand two hundred and fifty- 
five dollars ..... 

Two thousand three hundred and 
seventy-five dollars 



Jl,190 00 
1,035 00 

8,040 00 

125 00 

400 00 

650 00 

250 00 

205 00 

7,720 00 
860 00 

195 00 

280 00 

250 00 

230 00 

85 00 

1,270 00 

2,735 00 

2,140 00 
310 00 

310 00 

460 00 

150 00 

1,255 00 
2,375 00 



$79,600 00 



644 



Nantucket 
Couuty. 



Nantucket . 



1879. — Chapter 298. 
X A X T U C K E T C O U X T Y. 



Six hundred and sixty-five dollars 



8G65 00 



Norfolk County. 



NORFOLK COUXTY. 



Bellingham 

Braintree 

Brookline 

Canton 

Cohasset 

Dedham 

Dover 

Foxborough 

Franklin 

Holbrook 

Hyde Park 

Medfield 

Medway 

Milton 

Needham 

Norfolk 

Norwood 

Quincy 

Randolph 

Sharon 

Stoughton 

Walpole 



One hundi-ed and fifty dollars . . 8150 00 

Seven hundred and fifty dollars . 750 00 

Seven thousand nine hundred and 

five dollars 7,005 00 

Eight hundred and seventy dollars . 870 00 

Six hundred and forty dollars . G40 00 

One thousand six hundred and sixty- 
five dollars 1,005 00 

One hundred and twenty dollars . 120 00 

Four hundred and eighty- five dollars 485 00 

Four hundred and fifteen dollars . 415 00 

Four hundred and thirty dollars . 430 00 

One thousand seven hundred and 

forty-five dollars .... 1,745 00 

Two hundred and eighty dollars . 280 00 

Five hundred and ten dollars . . 510 00 

Two thousand one hundred and 

forty dollars .... 2,140 00 
One thousand two hundred and 

twenty dollars .... 1,220 00 

One hundred and fifty-five dollars . 155 00 

Four hundred and seventy dollars . 470 00 

One thousand nine hundred and 

fifty dollars .... 1,950 00 

Six hundred and eighty-five dollars 085 00 

Two hundred and sixty-five dollars 265 00 

Six hundred and ninety-five dollars 695 00 

Four hundred and fifteen dollars . 415 00 



1879. — Chapter 298. 

NORFOLK COUNTY — Concluded. 



645 



Weymouth 
Wrentham 



One thousand six hundred and 
ninety dollars .... 

Three hundred and twenty-five dol- 
lars 



PLYMOUTH COUNTY. 



Norfolk 
County. 



L,690 00 
325 00 



^25,975 00 



Plymouth 
County. 



Abington . 


Four hundred and seventy dollars . 


$470 00 


Bridgewater 


Seven hundred and fifteen dollars . 


715 00 


Brockton . 
Carver 


One thousand five hundred and 

sixty-five dollars .... 

One hundred and sixty-five dollars 


1,565 00 
165 00 


Duxbury . 

E. Bridgewater . 

Halifax 


Three hundred and seventy-five dol- 
lars ...... 

Three hundred and eighty-five dol- 
lars . . . . . 

Eighty-five dollars .... 


375 00 

385 00 
85 00 


Hanover . 


Two hundred and seventy-five dollars 


275 00 


Hanson 


One hundred and sixty-five dollars . 


165 00 


Hingham . 


Nine hundred and seventy-five dollars 


975 00 


HuU . 


One hundred and sixty dollars 


160 00 


Kingston . 


Four hundred and sixty-five dollars 


465 0.0 


Lakeville . 


One hundred and sixty dollars 


160 00 


Marion 


One hundred and thirty-five dollars 


135 00 


Marshfield 


Two hundred and seventy-five dollars 


275 00 


Mattapoisett 


Three hundred and forty dollars 


340 00 


Middleborough . 


Seven hundred and twenty dollars . 


720 00 


Pembroke . 


Two hundred dollars 


200 00 


Plymouth . 
Plympton . 


One thousand two hundred and forty 
dollars. ..... 

Ninety dollars 


1,240 00 
90 00 


Rochester . 


One hundred and forty dollars 


140 00 



646 



Plymouth 
County. 



1879. — Chapter 298. 

PLYMOUTH COUNTY — Coxcludkd. 



Rockland . 
Scituate 
South Abington 
South Scituate 
Wareham . 
W. Biidgewater 



Five hundred and seventy-five dollars 

Four hundred and five dollars . 

Three hundred and ninety dollars . 

Three hundred and ten dollars 

Three hundred and twenty-five dol- 
lars ...... 

Two hundred and sixty dollars 



8575 00 
405 00 
390 00 
310 00 



325 QO 
200 00 



811,365 00 



Suffolk County. 



SUFFOLK COUNTY. 



Worcester 
County. 



Boston 
Chelsea 
Revere 
Winthrop . 


Two hundred and six thousand 
three hundred and seventy dollars, 

Four thousand nine hundred and 
ten dollars 

Five hundred and twenty dollars . 

Two hundred and eighty dollars 


8206,370 00 

4,910 00 
520 00 

280 00 




8212,080 00 



Ashburnham 

Athol 

Auburn 

Barre 

Berlin 

Blackstone 

Bolton 

Boylston . 

Brookfield . 

Charlton . 



WORCESTER COUNTY. 



Three hundred and fifteen dollars . 

Seven hundred and eighty-five dol- 
lars 

One hundred and sixty-five dollars . 

Five hundred and thirty dollars 

One hundred and forty dollars 

Five hundred and ninety-five dollars 

One hundred and fifty-five dollars . 

One hundred and sixty dollars 

Three hundred and ninety-five dol- 
lars ...... 

Two hundred and eighty dollars 



8315 00 
785 00 
165 00 
530 00 
140 00 
595 00 
155 00 
160 00 



395 00 
280 00 



1879. — Chapter 298. 
WORCESTER C O UN T Y — Continued. 



647 



Clinton 
Dana 


One thousand two hundred and 

thirty-five dollars 
Eighty-five dollars .... 


$1,235 00 
85 00 


Douglas 


Two hundred and sixty-five dollars 


265 00 


Dudley 


Two hundred and ninety-five dollars 


295 00 


Fitchburg . 
Gardner . 


Three thousand five hundred and 
forty-five dollars .... 
Five hundred and ninety dollars 


3,545 00 
590 00 


Grafton 


Five hundred and forty-five dollars 


545 00 


Hardwick . 


Three hundred and five dollars 


305 00 


Harvard . 


Three hundred and five dollars 


305 00 


Holden 
Hubbardston 


Two hundred and seventy-five dol- 
lars 

Two hundred and forty-five dollars 


275 00 
245 00 


Lancaster . 


Six hundred and thirty-five dollars 


635 00 


Leicester . 


Five hundred and ninety-five dollars 


595 00 


Leominster 

• 

Lunenburg 


One thousand and seventy-five dol- 
I'ars ...... 

Two hundred and fifteen dollars 


1,075 00 
215 00 


Men don 


One hundred and eighty-five dollars 


185 00 


Milford . 
Millbury . 


One thousand four hundred and 

thirty dollars .... 

Seven hundred and thirty-five dollai's 


1,430 00 
735 00 


New Braintree . 


One hundred and thirty-five dollars 


135 00 


Northborough . 


Three hundred and fifty-five dollars 


355 00 


Northbridge 


Six hundred and twenty-five dollars 


625 00 


N. Brookfield . 


Five hundred and twenty dollars . 


520 00 


Oakham . 


One hundred dollars 


100 00 


Oxford 


Four hundred and thirty dollars 


430 00 


Paxton 


Ninety dollars .... 


90 00 


Petersham 


One hundred and ninety-five dollars 


195 00 


Phillipston 


Ninety dollars .... 


90 00 



"Worcester 
County. 



648 



Worcester 
County. 



1879. — Chapter 298. 
WORCESTER C O U N T Y — Concluded. 



Recapitulation 
by counties. 



Princeton . 

Royalston . 

Rutland 

Shrewsbury 

Southborough 

Southbridge 

Spencer 

Sterling 

Sturbridge 

Sutton 

Templeton 

Upton 

Uxbridge . 

Warren 

Webster . 

Westborough 

West Boylston 

West Brookfield 

Westminster 

Winchendon 

Worcester . 



Two hundred and fifty-five dollars 
Two hundred and ten dollars . 
One hundred and thirty dollars 
Three hundred and fifteen dollars 

Three hundred and eighty-five dol 
lars ..... 

Eight hundred and seventy-five dol 
lars ..... 

Seven hundred and seventy dollars 

Three hundred and twenty dollars 

Three hundred and twenty dollars 

Four hundred and ten dollars 

Three hundred and seventy dollars 

Two hundred and forty-five dollars 

Five hundi-ed and ten dollars . 

Four hundred and thirty-five dollar; 

Seven hundred dollars . 

Six hundred and seventy-five dollar; 

Three hundred and thirty dollars 

Two hundred and forty dollars 

Two hundred and forty-five dollars 

Six hundred and twenty dollars 

Fourteen thousand two hundred 
and fifty-five dollars . 



RECAPITULATION. 



Barnstable Co. 
Berkshue Co. 



Four thousand six hundred and 

eighty-five dollars 
Eleven tliousand and twenty dollars 



$255 00 
210 00 

130 00 
315 00 

385 00 



875 00 
770 00 


320 00 


320 00 


410 00 


370 00 


245 00 


510 00 


435 00 


700 00 


675 00 


330 00 


240 00 


245 00 


G20 00 


14,255 00 


^41,235 00 



$4,685 00 
11,020 00 



1879. — Chapter 298. 

RECAPITULATIO N— Concluded. 



649 



Bristol Co. 


Thirty-one thousand four hundred 






and seventy dollars 


131,470 00 


Dukes Co. . 


Eis'ht hundred and twenty-five dol- 






lars 


825 00 


Essex Co. . 


Forty-seven thousand and sixty- 






five dollars 


47,065 00 


Franklin Co. 


Five thousand and forty dollars 


5,040 00 


Hampden Co. . 


Twenty-one thousand five hundred 






and twenty-five dollars 


21,525 00 


Hampshire Co. . 


Seven thousand four hundred and 






fifty dollars .... 


7,450 00 


Middlesex Co. . 


Seventy-nine thousand six hundred 






dollars ..... 


79,600 00 


Nantucket Co. . 


Six hundred and sixty-five dollars . 


665 00 


Norfolk Co. 


Twpnty-five thousand nine hundred 






and seventy-five dollars 


25,975 00 


Plymouth Co. . 


Eleven thousand three hundred and 






sixty-five dollars .... 


11,365 00 


Suffolk Co. 


Two hundred and twelve thousand 






and eighty dollars 


212,080 00 


Worcester Co. . 


Forty-one thousand two hundred 






and thirty-five dollars . 


41,235 00 




1500,000 00 



SECTioisr 2. The treasurer shall forthwith send his war- 
rant, with a copy of this act, directed to the selectmen or 
assessors of each city or town taxed as aforesaid, requiring 
them respectively to assess the sum so charged, according 
to the provisions of chapter eleven of the General Statutes, 
and to add the amount of such tax to the amount of town 
and county taxes to be assessed by them respectively on 
each city or town. 

Section 3. The treasurer in his warrant shall require 
the said selectmen or assessors to pay, or to issue .their 
several warrant or warrants requiring the treasurers of 
their several cities or towns to pay, to the treasurer of the 
Commonwealth, on or before the tenth day of December 
in the year one thousand eight hundred and seventy-nine, 
the sums set against said cities and towns in the schedule 
aforesaid ; and the selectmen or assessors respectively 
shall return a certificate of the names of such treasurers, 
with the sum which each may be required to collect, to 
the treasurer of the Commonwealth, at some time before 
the first day of October next. 



Treasurer of 
the Common- 
woalth to issue 
warrant. 



To require 
selectmen or 
assessors to 
issue warrants 
to city or town 
treasurers. 



650 



1879. — Chapter 299. 



To notify trea«. SECTION 4. If the amouiit duG from any city or town, 
quent cities 'and as provitlecl ill tliis tict, is iiot paid to the treasurer of the 
towns. Commonwealth witliin the time specified, then the treas- 

urer shall notify the treasurer of said delinquent city or 
town, who shall pay into the treasury of the Common- 
wealth, in addition to the tax, siTch further sum as would, 
be equal to one per centum per month during such delin- 
quency, 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 Commonwealth in the supreme judicial court, or 
before any justice tliereof, against such delinquent city or 
town ; and upon notice to such city or town, and a summary 
hearing thereon, a warrant of distress may issue against 
such city or town to enforce the payment of said taxes, 
under sucli 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 April 30, 1879. 



Chap. 299 



State and 
county taxes to 
be assessed 
upon polls. 

Amount in ex- 
cess of one dol- 
lar to be assessed 
upon property. 



Certificate of 
assessor to state 
portions 
assessed as 
state, county 
and town taxes, 
respectively. 



Entire and in- 
divisible tax. 



Repeal. 



An Act to regulate the assessment of taxes. 
Be it enacted, &c., as follows: 

Section 1. The assessors of the several cities and 
towns shall in each year assess upon the polls the state 
and county taxes authorized or required b}^ law : jirovided^ 
hou'ever, that in case either of said taxes shall exceed in 
amount the sum of one dollar upon each poll, the excess 
above said amount and in every case the whole amount 
assessed for other purposes shall be apportioned upon 
property as provided by chapter eleven of the General 
Statutes. 

Section 2. The assessors of any city or town shall, 
upon a])plication to any one of them by any person as- 
sessed therein, give such person a certificate, which shall 
state what portion of the whole amount of such person's 
tax is assessed as state tax, county tax, and town tax, 
respectively ; in such case the collector shall receive and 
receipt for either of such taxes separately, or for all to- 
gether, as may be desired by the tax payer ; and in such 
case also the state tax assessed upon poll and property, 
and the county tax assessed upon poll and property, shall 
each constitute an entire and indivisible tax. 

Section 3, Section thirty-one of chapter eleven of 
the General Statutes, and all other acts or parts of acts 
inconsistent herewith are hereby re])ealed; but this repeal 



1879. — Chapter 300. 651 

shall not affect any rights already accrued, or obligations 
already incurred, under existing laws. 

Section 4. This act shall take effect upon its passage, To apply to as- 
and its provisions shall apply to the assessment of taxes thry^ari879. 
to be assessed for the year eighteen hundred and seventy- 
nine. Approved April 30^ 1879. 

An Act relative to clerks of courts. Chap. 300 

Be it enacted, etc., asfoUoius: 

Section 1. Section twent3--two of ch9,pter one hundred cierkstoac- 
and twenty-one of the General Statutes is hereby amended oat'h for"au ftes 
by striking out the word " except," in the fourth line of received. 
said section, and inserting in place thereof the word " in- 
cluding;" and by adding after the word "furnish," in 
said line, the words " fees and moneys in proceedings 
relating to naturalization or for naturalization certificates, 
and all fees and moneys of whatever description or charac- 
ter received by them, or by any assistant, or other person 
in the offices of said clerks, or in their employ, for any 
acts done or services rendered in connection with their 
said offices." Section twenty-three of said chapter is To pay over fees 
hereby amended by inserting in the fifth line thereof, after treasurer. 
the word "county," the words " without any abatement 
or deduction for expenses of clerk hire, or othep expenses." 
Section one of chapter two hundred and ninety-five of 
the acts of the year eighteen hundred and sixty-seven is 
hereby amended by striking out the words " and to be 
accounted for as now provided by law," and by inserting 
after the word " count}^" in tlie last line of said section, 
the words ■•' without any abatement or deduction for ex- 
penses of clerk hire, or other expenses." 

Section 2. In case the clerks of the several courts Fees for copies, 
shall cause any of the copies which they are required by 
law to furnish to be printed, the}^ shall make no charge 
for such printed copies in excess of the amount actually 
paid for the printing thereof, and they may require the 
estimated cost of said printing to be paid in advance ; and 
it shall be their duty to supervise the printing and correct 
the proof without charge. All written copies, including 
those prepared for printing, shall be charged for at the 
rate of twenty cents for each page of two hundred and 
twenty-four words. 

Section 3. The fee to be charged and collected by the Fees for natural, 
clerk for the primary declaration or application for the *^^"*^''- 
naturalization of aliens shall be one dollar. The fee to be 
charged and collected for the final declaration or applica- 



652 



1879. — CH.1PTER 301. 



Alloxrance for 
clerical aesist- 
auce. 



Repeal. 



To take effect 
July 1, 1879. 



Chap. 301 



State aid to 
disabled foldiors 
and sailorM and 
their fiiniilies, 
and families of 
deceased 
soldiers and 
Bailors. 



tion for the naturalization of aliens shall be two dollars. 
The fee to be charged and collected for making out the 
papers for either of said declarations shall be one dollar. 

Section 4. The sums which the clerks of the several 
counties shall be allowed for extra clerical assistance shall 
be such as the county commissioners in their respective 
counties, and in the county of Suffolk the board of mayor 
and aldermen, shall approve and allow for extra clerical 
work actually performed. Said sum shall be paid in 
monthly instalments by the treasurers of the respective 
counties, to the person or persons employed on the certifi- 
cates of the clerks of said counties that the woik has 
actually been performed, tlie time occupied, and that the 
same was necessary, with the name of the person or per- 
sons employed, and the amounts due, and said certificates 
shall be approved and signed by at least a majority of the 
board of county commissioners, in their respective coun- 
ties, and in Suffolk county by the vote of the board of 
mayor and aldermen. 

Section 5. So much of section nine of chapter two 
hundred and ninety-eight of the acts of the year eighteen 
hundred and sixty-six as allows the clerk of the superior 
court for civil business in Suffolk county to retain the sum 
of five hundred dollars out of the half surplus pa3-able to 
the county; chapter two hundred and twenty-nine of the 
acts of the 3'ear eighteen hundred and seventy-three ; 
chapter two hundred and thirty-nine of the acts of the 
year eighteen hundred and seventy-four ; chapter twenty- 
six of the acts of the year eighteen hundred and seventy- 
five, and all other acts and parts of acts inconsistent here- 
with are hereby repealed. 

Section 6. This act shall take effect on the first day 
of July in the year eighteen hundred and seventy-nine. 

Approved April 30, 1S79. 

An Act to provide for the payment of state aid to disa- 
bled SOLDIERS AND SAILORS AND THEIR FAMILIES, AND TUE 
FAMILIES OF DECEASED SOLDIERS AND SAILORS. 

Be it enacted, &c., asfolloivs: 

Section 1. Any city or town may raise money for the 
purposes of this act; and the treasurers thereof may, 
under the direction of the mayor and aldermen or the 
selectmen thereof, under the following conditions, pay 
state aid to, or expend it for, any person having a resi- 
dence and actually residing in such city or town, who is 
not receiving aid from any other state, nor from any other 



1879. — Chapter 301. 653 

city or town in this state, and who was an actual resident 
of this state on the twenty-third day of April in the year 
eighteen hundred and sixty-six, and who shall be in such 
necessitous circumstances as to require further public 
assistance, and who shall belong to either of the following 
classes ; to wit : — 

First Class. — Invalid pensioners of the United States ' im-aiid pension- 
who served in the army or navy to the credit of the state ^''** 
of Massachusetts between the nineteenth day of April in 
the year eighteen hundred and sixty-one, and the first day 
of September in the year eighteen hundred and sixty-five, . 
or, being actual residents of this state at the time of their 
enlistment, served to the credit of any other state between 
the nineteenth day of April in the year eighteen hundred 
and sixty-one, and the eighteenth day of March in the 
year eighteen hundred and sixty-two, who have been 
honorably discharged from said service, and who are so far 
disabled by their service in the army or navy as aforesaid, 
as to prevent them from following their ordinary and 
usual vocation. 

Second Class. — Dependent relatives of soldiers or sail- Dependent reia- 
ors who have served in the manner and under the limita- auTsi^iorsf''''^'' 
tions described for the service of invalid pensioners of the 
first class, and have, if not dying in such service, been 
lionorably discharged therefrom, as follows ; namely : — 
The widows, children, and widowed mothers, of soldiers widows, 
or sailors dying in such service, or dying after their honor- '^^'i'^''^"- «*«>• 
able discharge therefrom of wounds or disease incurred in 
said service, or dying while in the receipt of a pension of 
the United States and the state aid of this state, and the 
wives, children, and widowed mothers of invalid pen- 
sioners of the first class receiving from the United States 
at least one-half the amount allowed for total disability. 

Third Class. — Dependent relatives of soldiers or sailors Dependent 
who served as aforesaid to the credit of the state of Massa- '■'^^^"^es. 
chusetts between the nineteenth day of April in the year 
eigliteen hundred and sixty-one, and the first day of Sep- 
tember in the year eighteen hundred and sixty-five, who 
appear on the rolls of their respective regiments or com- 
panies, in the office of the adjutant-general, to be missing, 
or to have been captured by the enemy, and who have not 
been exchanged, and have not returned from captivity, 
and who are not known to be alive, as follows ; namely : — 
The widows, or wives, children, and widowed mothers, of 
such soldiers or sailors : provided, that no such relative rroviso. 
of any such soldier or sailor shall belong to this class, or 



654: 



1879. — Chapter 301. 



Persons receiv- 
ing state aid 
prior to April 
11, 1867. 

Proviso. 



Wife or ■widow 
not to receive 
aid unless mar- 
ried before dis- 
charge of sol- 
dier, etc., from 
service. 



Commissioned 
officers. 



Persons paid aid 
under special 
acts to be classi- 
tied under this 
act. 



Special acts and 

resolves 

repealed. 



be aided as such, if the municipal authorities granting the 
aid shall have good and sufficient reason to believe that 
such soldier or sailor deserted, or that he is still living, 
and wilfully absent from his family. 

Fourth Class. — Persons who were receiving state aid 
iprior to the eleventh day of April in the year eighteen 
hundred and sixty-seven, and. who were precluded there- 
from by the provisions of the act of that date : provided^ 
the mayor and aldermen or selectmen shall in each case 
be satisfied upon evidence first reported to the commis- 
sioners of state aid, and satisfactoiy to tliem, that justice 
and necessity require a continuance of the aid to prevent 
actual suffering. 

Section 2. No wife or widow of an}' discharged sol- 
dier or sailor shall be held to belong to either of the fore- 
going classes, or be aided as such, unless she \\as married 
to him prior to his final discharge from the service afore- 
said. No person shall be held to be a child in either the 
second, third or fourth classes above named, or shall be 
aided as such, who is over fourteen years of age, or who 
was born after the father's discharge from the service 
aforesaid, or who was born after the first day of Septem- 
ber in the year eighteen hundred and sixty-five ; but the 
term "children" maybe held to include any child born 
after the death of the father in said service. The words 
"invalid pensioners," "soldiers," and "sailors," singular 
or plural, used in this act, shall be held to include com- 
missioned officers. 

Section 3. All persons specificall}' referred to, and to 
or, for whom state aid is paid under an}- special act or 
resolve now in force, shall be held to belong to their 
appropriate classes under this act, — namely, soldiers and 
sailors to the first class, and the dependent relatives of 
soldiers and sailors to the second class, — notwithstanding 
the limitations of such classes ; and state aid may be paid 
to or for such persons after the first day of January in 
the year eighteen hundred and eighty, in the same manner 
and under the same limitations that state aid is paid to 
other persons of their respective classes under this act. 
All special acts and resolves granting state aid are hereby 
repealed, the repeal thereof to take effect on the firet day 
of January in the year eighteen hundred and eighty ; but 
no state aid shall be paid under any such special act or 
resolve to or for any child over fourteen years of age of 
any soldier or sailor after the passage of this act, nor to 
any child of any soldier or sailor after the first day of Sep- 



1879. — Chapter 301. 



655 



teinber in the current year: provided, however^ that this 
section shall not be held to apply to or to refer to chapter 
two hundred and fifty-two of the acts of the year eighteen 
hundred and seventy-nine, nor to any resolve specifically 
granting an annual sum to any soldiers or sailors for life, 
or for a term of years specified in such resolve. 

Sectiox 4. No state aid shall be paid under this act to 
or for any person of the first class to an amount exceeding 
three-fourths of the monthh* amount of his pension, nor 
more than six dollars in any one month ; and, if pensioned 
as a commissioned officer, he shall only be paid such pro- 
portion of state aid as he would be entitled to receive if 
his pension were based upon the rank of a private. No 
state aid shall be paid under this act to or for any person 
of the second, third or fourth classes, to an amount exceed- 
ing four dollars in any one month ; and no more than eight 
dollars shall be paid to or for all the dependent relatives 
of any one soldier or sailor in any one month. 

Section 5. All aid furnished under this act shall be 
paid to or for the persons for whom it is intended for their 
future benefit ; and no assignment thereof shall be valid 
or recognized, and it shall not be subject to trustee process. 
No back state aid shall be paid. No greater sum shall 
be paid to or for any person under this act than shall be 
necessary to furnish such person reasonable relief ; and no 
aid shall be paid under its provisions to or for any person 
competent to support himself or herself, or in receipt of 
income, or in ownership of property, sufficient for his or 
her own suppoit, nor to or for any person more than is 
necessary in addition to the income and property of such 
person for his or her personal relief, and no aid shall be 
paid under this act to any person not in such necessitous 
circumstances as to require further public assistance. 
No aid shall be paid under this act to or for any pen- 
sioner or dependent relative when the necessity therefor 
arises from the continuance in vicious or intemperate hab- 
its of said pensioner, or of the soldier or sailor on whose 
account the same is paid. No aid shall be paid under this 
act to or for any person convicted of any criminal offence, 
unless or until the municipal authorities and the commis- 
sioners of state aid otherwise determine. 

Section 6. Persons making application for aid in any 
city or town under this act shall, as a basis for the first 
payment thereof, state in writing, under oath, the age and 
residence of the party for whom such aid is claimed ; the 
relation of the claimant to the party who rendered the 



Proviso. 



Limitation of 
payments. 



Assisjnraent 
invalid. 



Not subject to 
trustee process. 



Not to be paid 
to persons of in- 
temperate 
liabits. 



Mode of appli- 
cation for aid. 



656 



1879. — Chapter 301. 



Blank forms to 
be furnished by 
jiuditor. 



Commissioners 
of state aid. 



service for which aid is claimed ; the company and regi- 
ment, or the vessel, if an}^ in which the officer, soldier or 
sailor enlisted, and in which he last served ; the date and 
place of such enlistment, when known ; the duration of 
such service, and the reason upon which the claim for aid 
is founded ; and furnish such official certificates of record, 
evidence of enlistment, service, and discharge, as may be 
required. Municipal authorities granting to such claimant 
any subsequent aid shall from time to time make such in- 
vestigation into the necessities of said claimant and the 
facts of the case as to preclude any payment thereof con- 
trary to the terms of this act. The original papers in 
each case shall be filed with the commissioners of state aid 
if required. It shall be the duty of tlie auditor to furnish 
from time to time to each city and town a sufficient num- 
ber of suitable blank forms for the use of applicants for 
aid under this act. 

Section 7. The commissioners of state aid, appointed 
under chapter two hundred and fifty-two of the acts of 
the year eighteen hundred and seventy-nine, shall perform 
the duties of such commissioners under this act. Said 
Board of appeal, commissiouers shall constitute a board of appeal for in- 
valid pensioners to decide upon all disputed questions 
relating to claims for aid arising between them and the 
municipal authorities under this act. Their decisions shall 
be final upon the points in question. Said commissioners 
may, upon appeals, decide or refuse to decide, upon the 
necessity of the claimant for the aid ; and if they shall 
decide upon that question, and that he is in all respects 
entitled to aid under this act, they may authorize its 
monthly payment to him according to this act, under such 
limitations as they may impose, for a term not exceeding 
one year, but not after this act shall become void. Said 
commissioners shall investigate all payments of state aid 
under this act, so far as the interests of the Common- 
wealth may recjuire. 

Said commissioners may with the consent of the gov- 
ernor appoint, as occasion may require, a disinterested 
person whose duty it shall be to investigate any claim or 
claims made against the Commonwealth for reimburse- 
ment under this act, who may examine any persons to or 
for whom state aid has been paid under this act, and in- 
vestigate the reasons therefor, and all matters relating to 
the granting of such aid, and report his doings to said 
commissioners. 'J'lie reasonable expenses of tlie commis- 
sioners and the expenses and compensation of any such 



Investigation of 
claims for reim- 
bursement. 



1879. — Chapter 301. 



657 



disinterested person approved by said commissioners, and 
allowed by the governor and council, shall be paid from 
the treasury of the Commonwealth. 

Section 8. When any sum shall have been expended 
under and according to this act, the full amount so ex- 
pended, the ages and names of the persons aided and the 
classes to which they severally belong, and the several 
sums paid to or for each person, and the reasons for the 
expenditure in each case, and the names of the persons on 
account of whose services the aid was granted, and the 
names of the regiments and vessels, if any, in which they 
respectively enlisted and in which they last served, and 
the relationship of each dependent relative aided to the 
person on account of whose services the aid was granted, 
with such other-details as the commissioners of state aid 
may require, shall be certified under oath to the auditor, 
in manner approved by him, by the mayor and a majority 
of the board of aldermen of any city, or by a majority of 
the selectmen of any town, disbursing the same, within 
ten days after the first day of the month next after the 
expenditure is made ; and the commissioners of state aid 
shall examine the certificates thereof, and allow and en- 
dorse upon the same such sums as in their judgment have 
been paid and reported according to this act. In the 
allowance of said commissioners they may consider and 
decide upon the necessity of the amount paid in each case, 
and they may allow any portion thereof which they may 
deem proper and lawful, but they shall allow and endorse 
the sums they have specifically authorized to be paid, 
under and according to their decisions authorized and 
provided for by section seven. The sums legally paid as 
aforesaid, and so allowed and endorsed by said commis- 
sioners, shall be reimbursed from the treasury of the Com- 
monwealth to the several towns and cities expending the 
same, on or before the first day of December in the year 
next after the year in which the same have been paid, but 
none of the expenses attending the payment of state aid 
shall be reimbursed. 

Section 9. Moneys paid under this act shall be held 
to be military aid, and the payment thereof to or for any 
person shall create in him no disqualification to vote. 

Section 10. The provisions of this act shall continue 
in force until the first day of January in the year eighteen 
hundred and eighty-five and no longer ; and no special act 
or resolve hereafter passed granting state aid to persons 
therein named, or their dependent relatives, shall continue 



Cities and towns 
to certify under 
oatli to tlie 
auditor. 



Allowance by 
the commission- 
ers. 



Reimbursement 
from the state. 



Not to cause 
disquahtication 
to vote. 



To continue in 
force until Jan. 
1, 1885. 



658 



1879. — Chapters 302, 303. 



Repeal of 1877, 
192. 



To take effect 
June 1, 1879. 



Chap. 302 



Proceedings 
ratified and con- 
firmed. 



Officers declared 
to be duly 
elected. 



Chap. 303 



Appointment of 
asei stunt clerks. 



in force after that date unless otherwise expressly provided. 
But the expiration of this act shall not be held to revive 
any act or resolve, or any part thereof, in this act repealed. 

Section 11. Chapter one hundred and ninety-two of 
the acts of the year eighteen hundred and seventy-seven 
is hereby repealed ; but this act shall not be held to revive 
any act or resolve, or any part thereof, heretofore repealed ; 
and wherever in section three of chapter two hundred and 
fifty-two of the acts of the year eighteen hundred and 
seventy-nine, reference is made to said chapter one hun- 
dred and ninety-two, such reference shall be held to be 
made to this act in place thereof. 

Section 12. 'I'his act shall take effect upon the first 
day of June in the current year. 

Approved April 30, 1879. 

An Act to confirm the doings of the first congrega- 
tional SOCIETY OF LEE. 

Be it enacted, &c., as folloivs : 

Section 1. The proceedings of the First Congrega- 
tional Society of Lee, relating to the election of its col- 
lectors and treasurers heretofore, are hereby ratified and 
confirmed, any defects or informalities therein to the con- 
trary notwithstanding ; and all the acts done by any and 
all of said collectors and treasurers are made valid and 
confirmed to the same extent as though they had been 
severally sworn and qualified to discharge the duties of 
their respective offices ; and the officers chosen at the last 
annual meeting of said society are hereby declared to be 
duly elected officers of said society ; and all other acts and 
proceedings of said corporation, so far as the same may be 
defective or invalid, are hereby ratified and confirmed. 

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

Approved Ap>ril 30, 1879. 

An Act relating to the appointment of assistant clerks 
in the municipal court of the city of boston. 

Be it enacted, &c., as follows : 

Section 1. The assistant clerk of the municipal court 
of the city of Boston for civil business shall hereafter be 
appointed in the manner provided by section twenty of 
chapter two hundred and seventy-one of the acts of the 
year eighteen hundred and seventy-four; and the assistant 
clerks of the municipal court of the city of Boston for 
criminal business shall hereafter be appointed in the man- 
ner provided by section six of chapter two hundred and 



1879. — Chapters 304, 305. 



659 



seventy-nine of the acts of the year eighteen hundred and 
sixty-six. 

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

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

Approved April 30, 1879. 

An Act to amend chapter seventy-eight of the acts of Chap. 304 

THE TEAR EIGHTEEN HUNDRED AND SEVENTY-NINE, RELATING 
TO THE COMPENSATION OF THE CHAPLAINS, DOORKEEPERS, 
ASSISTANT DOORKEEPERS, POSTMASTER, MESSENGERS AND 
PAGES OF THE SENATE AND HOUSE OF REPRESENTATIVES. 

Be it enacted, &c., as follows: 

Section 1. The chaplains, doorkeepers, and assistant saiadesofcbap- 
doorkeepers of the senate and house of representatives, faster and 
and the postmaster, shall receive one hundred dollars each, ^oo'^'^eepers. 
the messengers shall receive fifty dollars each, and the 
pages twenty -five dollars each, for the regular annual ses- 
sion, in addition to the compensation provided for them in 
sections five, six, seven and eight of chapter seventy-eight 
of the acts of the year eighteen hundred and seventy-nine. 

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

Approved April 30, 1879. 

An Act to constitute a district police, and to abolish Chap. 305 

THE STATE DETECTIVE FORCE. " 

Be it enacted, &c., as follows: 

Section 1. The governor may appoint in each district District police, 
attorney's district not exceeding two officers, who shall be each district 
known as district police. Their term of office shall be diluic'ty'^ 
three years ; but any member thereof may be at any time 
removed by the governor. No person shall be appointed 
as a district police officer under this act unless first ex- 
amined as to his character and qualifications for the duties 
of such office by or under the direction of some justice of 
the superior court sitting within the district for which such 
appointment is especially to be made, and unless a certifi- 
cate thereof recommending such person for appointment is 
forwarded to and received by the governor. 

Section 2. Said district police shall have and exercise, May exercise 
not only within the district for which each member thereof ourtheCom"^ * 
shall be especially appointed, but also throughout the "»°iweaith. 
Commonwealth, all the common law and statutory powers 
of constables, except the service of civil process, and also 
all the statutory powers of police officers or watchmen, 
and may be transferred from one district to another ; and 



660 



1879. — Chapter 305. 



Chief of district 
police. 



Officers to be 
ewom and give 
bonds. 



Salaries and 
travelling ex- 
penses. 



Fees to be paid 
into treasury. 



Not to receive 
money for 
official services, 
under penalty. 



the governor may at any time command the services of 
said district police in suppressing riots and in preserving 
the peace. 

Section 3. The governor shall designate one of said 
district police to be and to act as chief thereof, who shall, 
with the approval of the governor, make all needful rules 
for their government in the discharge of their duties, and 
the reports to be made by them ; and shall have his office 
in the city of Boston, to be also approved by the governor. 
He shall have all the powers, and perform all the duties, 
conferred on the chief of the state detective force by sec- 
tion nine of chapter one hundred and sixty-two of the 
acts of the year eighteen hundred and seventy-six. 

Section 4. Each member of said district police shall, 
before entering upon the discharge of his official duties, be 
sworn to the faithful performance thereof, and shall give 
to the treasurer of the Commonwealth such bonds with 
sureties as the governor shall approve, in the penal sum of 
three thousand dollars, with condition that he shall faith- 
fully perform his official duties, and account for all prop- 
erty which ex officio may come into his possession ; and he 
may be, from time to time, required by the governor to 
renew said bonds ; and, unless such oath of office is taken 
and said bond approved and filed within ten days from 
date of appointment, such appointment shall, at the expi- 
ration of that time, be deemed null. 

Section 5. The said district police shall each be paid 
out of the treasury of the Commonwealth an annual salary 
of twelve hundred dollars, in equal monthly payments, to- 
gether with their actual and necessary travelling expenses 
when on duty, not exceeding the amounts actually paid 
out by them ; and the officer designated as chief shall 
receive a sum, to be fixed by the governor, not exceeding 
five hundred dollars additional. All fees which under the 
laws the said district police would be entitled to receive 
shall be paid over by them to the treasurer of the Com- 
monwealth, and no salary shall be paid to any officer until 
he has made oath that he has paid over all such fees. All 
accounts of said officers shall be verified by oath, and shall 
be approved by the said chief before being presented to 
the auditor of the Commonwealth, and, when duly audited, 
shall be paid out of the treasuiy. 

Section 6. Any person appointed as a district police 
officer under this act, who shall receive, directly or indi- 
rectly, any share in rewards, gift, or gratuity, on account 
of his official services, shall be punished by a fine not ex- 



1879. — Chapter 305. 



661 



ceeding one hundred dollars, or imprisonment in the house 
of correction not exceeding three months, and shall also 
be dishonorably discharged from his office. 

Section 7. The police commissioners of the city of 
Boston, and the mayor and aldermen of any city of twenty 
thousand inhabitants or upwards, may license any citizen 
of their respective cities to act as a private detective, for 
the detection, prevention, and punishment of crime, for 
the term of one year, unless his license is sooner revoked 
for cause. The fee for such license shall be ten dollars, to 
be paid into the city treasury ; and each person so licensed 
shall give bond with two sureties to the city treasurer, to 
be approved by the board giving such license, in the sum 
of three thousand dollars, conditional for the proper dis- 
charge of the services which he may perform by virtue of 
such license ; but nothing herein contained shall be con- 
strued to confer, on any person licensed as aforesaid, any 
of the power and authority of constables or police officers. 

Section 8. Whoever, not being licensed as provided 
in section seven of this act, shall engage in the general 
business of a private detective, or advertise, or hold him- 
self out as a private detective for the detection, prevention, 
and punishment of crime or for any other purpose, or who 
shall falsely assume or pretend to be a district policeman, 
shall be punished by fine not exceeding one hundred dol- 
lars, or imprisonment in the house of correction not ex- 
ceeding six months, or by both such fine and imprison- 
ment : provided^ that nothing herein contained shall be held 
to apply to any detective of another state coming within 
this Commonwealth in the performance of his duties. 

Section 9. So much of chapter fifteen of the acts of 
the year eighteen hundred and seventy-five, and acts in 
amendment thereof, as provides for the establishment and 
maintenance of a state detective force, is hereby repealed, 
and the offices created thereby are abolished. 

Section 10. All property seized under warrants by 
state detectives in the execution of any law or process, 
and remaining in their custody, or in the custody of the 
chief of the state detective force, shall be delivered by 
them to the sheriff of the county in which it was seized ; 
and said sheriff or his deputies shall hold the same subject 
to the final order of the court, and may complete all pro- 
ceedings in relation to the same in the same manner as said 
detectives or said chief would have been authorized to do. 

Section 11. All the property of the Commonwealth 
now in the keeping of said chief or of said detectives, in- 



Private 

detectives to be 
licensed. 



Fee for license. 



Penalties for 
acting without 
license. 



Proviso. 



Repeal. 



Property seized 
by state detec- 
tives, to be 
turned over to 
the sheritf of 
the county. 



Property of the 
Commonwealth 



662 



1879. — Chapter 306. 



to be turned 
over. 



Powers of chief 
of state detective 
force conferred 
upon chief of 
district police. 



Inspectors of 
factorie.< and 
public buildings. 



Chap. 



Appropriations. 



Sewage at state 
prison for 
women. 



Indigent 
soldiers and 
sailors. 



Fanny Ross. 



Counsel in suit 
brought by 
Troy and (ireen- 
field liailroad. 



eluding all books and records, shall, upon the passage of 
this act, be transferred to such state officer as the gov- 
ernor shall designate, and shall be disposed of by the 
governor and council. 

Section 1 . The duties, obligations, and powers of the 
chief of the state detective force, under ciiapter two hun- 
dred and fourteen of the acts of the year eighteen hundred 
and seventy -seven, shall be conferred upon and transferred 
to the chief of said district police. The governor shall ap- 
point two or more of said district police to act as inspectors 
of factories and public buildings. Said members of the dis- 
trict police so appointed shall have the powers conferred 
upon and perform the duties re(|uired of such inspectors 
under said chapter. 

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

Ajjproved April 30, 1879. 

306 ^^ -'^CT IX ADDITION TO " AN ACT MAKING APPROPRIATIONS 
FOR EXPENSES AUTHORIZED THE PRESENT YEAR, AND FOB 
OTHER PURPOSES." 

Be it enacted, &c., as folloivs : 

Section 1. The sums hereinafter mentioned are appro- 
priated to be paid out of the treasury of the Common- 
wealth, from the ordinary revenue, for the purposes 
specified ; and shall be held to be in addition to any sums 
heretofore appropriated therefor the present year. 

For expenses incurred under authority of chapter two 
hundred and fourteen of the acts of the present year, rela- 
tive to sewage at the state prison for women, a sum not 
exceeding thirteen thousand dollars. 

For expenses incurred under authority of chapter two 
hundred and fifty -two of the acts of the present year, 
entitled " An Act for the benefit of Indigent Soldiers and 
Sailors," a sum not exceeding three thousand dollars. 

In the resolve, chapter thirty-eight, iu favor of Fanny 
Ross, the sum of two hundred dollars. 

In the resolve, chapter four, directing the attorney- 
general to protect the interests of the Commonwealth in 
the suit brought b}^ the Tro}' and Greenfield Railroad 
Company, a sum not exceeding five thousand dollars; and 
the governor, with the advice and consent of the council, 
is hereby authorized and rei^uired to provide such addi- 
tional counsel as, in their discretion, may be necessary to 
aid the attorney-general in his duties under said resolve, 
and the expense of the same may be paid from this appro- 
priation. 



1879. — Chapter 306 



663 



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

For the mileage of representatives, a sum not exceeding 
two thousand one hundred dollars. 

For the compensation of doorkeepers, messengers and 
pages to the legislature, a sum not exceeding four thou- 
sand dollars. 

The appropriation heretofore made for expenses of legis- 
lative committees may be held applicable for tlie payment 
of expenses incurred by any committee authorized to sit 
during the recess. 

For the salary of the deputy tax commissioner and com- 
missioner of corporations, the sum of two thousand two 
hundred and fifty dollars. 

For the salary of the first clerk of the tax commissioner, 
the sum of one thousand three hundred and fifty dollars. 

For the salary of the second cleik of the tax commis- 
sioner, the sum of nine hundred and seventy-five dollars. 

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

P''or the salary of the secretary of the state board of 
health, the sum of six liundred and twenty-five dollars. 

For expenses of the board of health, a sura not exceed- 
ing six hundred dollars. 

For the compensation and expenses of the inspector of 
gas-meters, the sum of one thousand five hundred dollars. 

For the salary and expenses of the secretary of the 
board of education, the sum of two thousand one hundred 
and seventy -five dollars. 

For the salary of the assistant librarian, the sum of one 
thousand five hundred dollars. 

For such additional clerical assistance in the state library 
as may be found necessary, a sum not exceeding one thou- 
sand five hundred and twelve dollars. 

For the salary of the secretary of the board of agri- 
culture, one thousand five hundred forty-one dollars and 
sixty-six cents ; and for the salary of the clerk for said 
secretary, seven hundred sixty-six dollars and sixty-six 
cents. 

For the salary of the attorney for the county of Suffolk, 
the sum of three thousand four hundred dollars. 

For the salaries of the attorneys for the northern, 
eastern, south-eastern, southern, middle and western dis- 
tricts, the sum of one thousand one hundred fifty-three 
dollars and thirty-three cents each. 



Mileage of sen- 
ators. 

Mileage of rep- 
resentatives. 

Doorkeepers 
and messengers. 



Expenses of 
legislative com- 
mittees. 



Deputy tax 
commissoner. 



First clerk. 
Second clerk. 



Additional cler- 
ical assistance. 



Secretary of 
state board of 
health. 

Expenses. 



Inspector of 
gas-meters. 

Secretary of 
board of educa- 
tion. 



Assistant 
librarian. 



Additional cler- 
ical assistance. 



Secretary of 
board of agricul- 
ture, and clerk. 



Attorney for 
Suftblk. 



Northern, east- 
ern, south-east- 
ern, southern, 
middle and 
western 
districts. 



664: 



1879. — Chapter 306. 



North -western 
district. 

Assistant attor- 
neys for Suffolk. 



Clerk. 



Clerk of su- 
preme judicial 
court. 

Reporter. 



Clerk hire and 
ncidentals. 



Contagious and 

infectious 

diseases. 



Land commis- 
sioners. 



Soldiers' 
bounties. 

Military sup- 
plies. 



Camp ground. 



Small items of 
expenditure. 



Railroad com- 
missioners. 



Commissioners 
of prisons. 

Courts of 
Insolvency. 



For the salary of the attorney for the north-western 
district, the sum of nine hundred and fifteen dollars. 

For the salary of the assistant attorney for the county 
of Suffolk, the sum of one thousand eight hundred and 
thirty dollars ; and for the salary of the second assistant 
attorney for the county of Suffolk, the sum of one thou- 
sand five hundred dollars. 

For the salary of the clerk of the attorney for the county 
of Suffolk, the sum of seven hundred and fifty dollars. 

For the salary of tlie clerk of the supreme judicial court, 
the sum of two thousand two hundred and fifty dollars. 

For the salary of the reporter of decisions of the supreme 
judicial court, the sum of two hundred and twenty-five 
dollars. 

For clerk hire and incidental expenses of the reporter 
of decisions of the supreme judicial court, a sum not ex- 
ceeding one hundred and twent\'-five dollars. 

For expenses incurred under authority of chapter twenty- 
four of the acts of the 3'ear eighteen hundred and seventy- 
eight, the sum of eighty-four dollars and eighty cents. 

For the compensation and expenses of the land com- 
missioners, a sum not exceeding one thousand two hun- 
dred and fifty dollars. 

For the payment of bounties due to ^Massachusetts vol- 
unteers, a sum not exceeding five hundred dollars. 

Any suras of money received under the provisions of 
section eightj^-six of chapter two hundred and sixty-five 
of the acts of the year eighteen hundred and seventy- 
eight, and from the sale of grass at the state camp-ground, 
may be expended by the quartermaster-general under the 
direction of the governor and council for the purchase of 
other military supplies, and for the care and improvement 
of said ground. 

For small items of expenditure for which appropriations 
have been exhausted, or have reverted to the treasury in 
previous years, a sum not exceeding three hundred dollars. 

For the salaries of the railroad commissioners, the sum 
of nine thousand dollars ; and for the salaries of the 
clerks of said commission, the sum of three thousand seven 
hundred and fifty dollars. 

For expenses of the commissioners of prisons, a sum not 
exceeding five hundred and twenty-five dollars. 

For expenses of courts of insolvency, a sum not exceed- 
ing one thousand five hundred dollars. 

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

Approved Ajiril 30, ISTU. 



1879. — Chapter 307. 



665 



An Act in further addition to an act making appropria- Chap. 307 

TIONS FOR EXPENSES AUTHORIZED THE PRESENT YEAR, AND 
FOR OTHER PURPOSES. 

Be it enacted, &c., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Common- 
wealth, unless otherwise ordered, for the purposes specified 
herein, and shall be held to be in addition to any appropri- 
ations heretofore made for like purposes, the present year : 

In the act, chapter two hundred and ninety-one, to 
create a state board of health, lunacy and charity, a sum 
not exceeding twenty-one thousand dollars. 

In the act, chapter two hundred and ninety-two, relating 
to probate offices in the several counties, a sum not exceed- 
ing five hundred dollars. 

In the act, chapter two hundred and ninety-three, to 
provide for auditing the accounts of county officers, a sum 
not exceeding one thousand five hundred dollars. 

In the act " to provide for the payment of state aid to 
disabled soldiers and sailors and their families, and the 
families of deceased soldiers and sailors," a sum not ex- 
ceeding one thousand dollars for expenses incurred in 
connection therewith. 

For the compensation of doorkeepers, messengers and 
pages to the legislature, a sum not exceeding . two thou- 
sand one hundred dollars. 

For the compensation of the chaplains of the senate and 
house, the sum of one hundred dollars each. 

In the act " to establish a district police and abolish the 
state detective force," a sum not exceeding nine thousand 
dollars for the compensation of said police ; a sum not 
exceeding five thousand dollars for their travelling ex- 
penses ; and a sum not exceeding one thousand two hun- 
dred dollars for the incidental and contingent expenses. 

In the resolve, in favor of Charles J. Cox, the sum of 
six hundred dollars. 

In the settlement of claims under authority of chapter 
two hundred and fifty-five of the acts of the present year, 
or in settlement of cases now pending, there may be paid 
from any unappropriated moneys in the treasury such 
sum or sums as shall meet with the approval of the gov- 
ernor and council. 

For the salary of the chief justice of the superior court, 
the sum of three thousand seven hundred and twenty-five 
dollars. 



Appropriations. 



Board of health, 
hmacy and 
charity. 



Probate offices. 



Auditing 
accounts of 
county olhcers. 



State aid. 



Doorkeepers 
and messengers. 



Chaplains. 
District police. 



Charles J. Cox. 



Claims against 
the Common- 
wealth. 



Superior court : 
chief justice. 



666 



1879. — Chapter 307. 



Associate 
Justices. 

Probate and in- 
solvency judges. 



Registers and 
assistants. 



Clerk. 



Assayer of 

liquors. 



Term reports. 
Normal schools 



Weights and 
measures. 

Surgeon- 
general. 

Attorney- 
general. 



Prison com- 
misslonei-s. 



Back Bay 
lauds. 



Arsenal build- 
ings at Cam- 
bridge. 



Printing and 
bindintf for 
iegislauae. 



Public docu- 
ments. 



State detective 
force. 



For the salaries of the ten associate justices of the 
superior court, the sum of forty thousand dollars. 

For the salaries of the judges of probate and insolvency, 
the sum of eighteen thousand four hundred and fifty 
dollars. 

For the salaries of the registers of probate and insol- 
vency, the sum of sixteen thousand two hundred dollars; 
and for the salaries of the assistant registers of probate 
and insolvency, the sum of five thousand three hun- 
dred and twenty-five dollars. 

For the salary of the clerk for the register of Suffolk 
county, the sum of nine hundred dollars. 

For the salary of the assa3^er and inspector of liquors, 
the sum of five hundred forty-one dollars and sixty-six 
cents. 

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

For aid to attendants in normal schools, a sum not ex- 
ceediug two thousand dollars. 

For weights, measures, etc., for the use of towns, a sum 
not exceeding eight hundred dollars. 

For expenses of the surgeon-general, a sum not exceed- 
ing five hundred dollars. 

For expenses of the attorney-generars department, a 
sum not exceeding five hundred dollars. 

For fitting up the room at the state house for the use 
of the commissioners on prisons, a sum not exceeding three 
hundred dollars. 

The residue of the moiet}' of proceeds of Back Bay lands 
applicable to improvements is hereby appropriated in ac- 
cordance with the statutes. 

Any sums of money received for rents of the arsenal 
buildings at Cambridge, may be used for the repair of said 
buildings, or for the purchase of supplies for the use of 
the militia as the quartermaster-general with the approval 
of the governor and council may direct. 

For printing and binding for tlie senate and liouse of 
representatives, a sum not exceeding seven thousand dol- 
lars. 

For printing and binding the public series of documents, 
a sum not exceeding five thousand dollars. 

For the salary of the chief of the state detective force, 
a sum not exceeding two hundred eight dollars and thirty- 
three cents ; for tiie compensation of detectives, a sum 
not exceeding three thousand dollars ; for travelling 
expenses of said detectives, a sum not exceeding two 



1879. — Chapter 307. 667 

thousand dollars ; and for incidental and contingent 
expenses, a sum not exceeding three hundred dollars. 

From the appropriation made in chapter two hundred indigent 
and sixteen of the acts of the present year, for reimburse- saiio'rsf *" 
ment to cities and towns for amounts paid as " relief to 
indigent soldiers and sailors," there may be used such 
sums as may be required for expenses in connection there- 
with. 

The balance of the moiety of the income of the Massa- Educational 
chusetts school fund, over and above what is required for '^^p*^^^'^^- 
the support of normal schools, shall be held applicable for 
the payment of other educational expenses for which 
appropriations have been made from the ordinary revenue 
of the present year. 

The appropriations heretofore made for the compensation Harbor and land 
and expenses ot the harbor and land commissioners shall 
be held applicable under the provisions of chapter two 
hundred and sixty-three of the acts of the present year, 
for the compensation and expenses of the commission 
created thereby. 

For printing' and bindinsr extra copies of sundry public Extra puwic 
documents as authorized by the present legislature, a sum 
not exceeding four thousand dollars. 

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

Approved April 30, 1879. 



commissioners. 



668 



1879. — Chapters 1, 2, 3, 4. 



RESOLVES, 

GENEEAL AIS^D SPECIAL. 



Chap. 1 



Acts done as 
justice of the 
peace, con- 
firmed. 



Chap. 2 

Allowance to 
the widow of 
James Long. 



Chajh 3 



Acts done as 
•a justice of the 
peace, con- 
firmed. 



Chap. 4 



Interests of the 
stiite to 1)1' pro- 
tet'tfd, fn a suit 
brought by the 



Resolve confirming the acts of thomas p. proctor, as a 

JUSTICE of the peace. 

. Resolved, That all acts done by Thomas P. Proctor, as a 
justice of the peace within and for the county of Suffolk, 
since the fourth day of November in the year eighteen 
hundred and seventy-seven, are liereby 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. Approved January 24, 1879. 

Resolve in favor of the avidow of james long. 
Resolved, That there be allowed and paid to the widow 
of James Long, late a member of the House, the sum of 
five hundred dollars, being the amount of salary to which 
he would have been entitled had he lived until the close 
of the present session. Approved February 7, 1879. 

Resolve confirming the acts of thomas Cunningham, as a 
justice of the peace. 

Resolved, That all acts done by Thomas Cunningham, 
as a justice of the peace within and for the county of 
Middlesex, since the ninth day of May in the year eighteen 
hundred and seventy-three, are hereb}-- 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. A])proved February 7, 1879. 

Resolve directing the attorney-general to protect the 
intkrests of the commonwealth in the suit brought by 
the troy and greenfield railroad company. 

Resolved, That the attorney-general be and hereby is 
directed to protect the interests of the Commonwealth in 
the suit brought by the Troy and Greenfield Kailroad 



1879. — Chapters 5, 6, 7, 8. 



669 



Troy and Green- 
field Railroad 
Company. 



Jurisdiction of 
courts not to be 
altered or en- 
larged. 



Chap. 5 



Stereotype 
plates, etc., to 
be in charge of 
the secretary of 
the Common- 
wealth. 



Company to redeem a mortgage of the railroad and tunnel 
known as the Troy and Greenfield Railroad and Hoosac 
Tunnel; but no agent or attorney of the Commonwealth 
shall have any authorit}^ by his acts under this resolve or 
under any existing law, to alter or enlarge the jurisdiction 
of any court, or to give jurisdiction to any court in any 
suit concerning the redemption of said railroad or tunnel. 

Approved February 7, 1879. 

Resolve relative to stereotype and other plates, and 

WOOD-CUTS belonging TO THE COMMONWEALTH. 

Resolved, That all stereotype, electrotype, steel and cop- 
per plates, and wood-cuts, owned by the Commonwealth, 
shall henceforth be in the charge and custody of the secre- 
tary of the Commonwealth, to be by him cared for and 
disposed of as in his judgment the best interests of the 
Commonwealth may require. 

Ap)proved February 12, 1879. 

Resolve relative to the distribution of certain docu- Chap. 6 

MENTS. 

Resolved, That the copies of the reports, which by sec- Distribution of 
tion five of chapter two hundred and forty-eight of the ments? ^'^^' 
acts of the year eighteen hundred and seventy-seven, be- 
longing to the series of eighteen hundred and seventy- 
eight, were to be sold under the direction of the secretary 
of the Commonwealth, be released from the conditions of 
sale provided in said act, and placed in the hands of the 
secretary of the Commonwealth for general distribution. 

Approved February 14, 1879. 

Resolve relating to the transfer of certain record of Chap. 7 

MARRIAGES FOR THE COUNTY OF SUFFOLK FROM THE YEAR 
SEVENTEEN HUNDRED AND SIXTEEN TO THE YEAR SEVENTEEN 
HUNDRED AND THIRTY-ONE. 

Resolved, That the clerk of the supreme judicial court Transfer of 
for the county of Suffolk transfer to the city registrar of man-iagesin 
the city of Boston, the volume containing the record of Suffolk county. 
marriages in Suffolk county from the year seventeen hun- 
dred and sixteen to the year seventeen hundred and thirty- 
one, inclusive. Approved February 19, 1879. 

Resolve in favor op the Massachusetts charitable eye Chap. 8 

AND EAR INFIRMARY. 

Resolved, That there be allowed and paid out of the Allowance to 
treasury of the Commonwealth the sum of nine thotisand in&'mary.'''^ 
dollars, to the Massachusetts Charitable Eye and Ear In- 



670 



1879. — Chapters 9, 10, 11, 12. 



Chap. 9 



Additional 
workshoi) at 
new state 
prison. 



Chap. 10 



Report of com- 
missioners of 
prisons. 



firmaiy, to be expended under the direction of the man- 
agers thereof, for the charitable purposes of said infirmary 
for the present year ; and the said managers shall report 
to the board of state charities as required by chapter two 
hundred and forty-three of the acts of the year eighteen 
hundred and sixty-seven. Approved February 21., 1879. 

Resolve providing for payment op expenses incurred in 
building an additional workshop at the new state 

PRISON. 

Resolved., That there be allowed and paid out of the 
treasury of the Commonwealth, and the same is hereby 
appropriated, a sum not exceeding two thousand one hun- 
dred and fifty dollars and twenty-two cents, to defray ex- 
penses incurred in building an additional workshop at the 
new state prison at Concord. 

Approved February 21, 1879. 

Resolve providing for the printing of five hundred 

EXTRA copies OF THE REPORT OF THE COMMISSIONERS OF 
PRISONS RELATIVE TO THE REFORMATORY PRISON FOR WOMEN. 

Mesolved, That five hundred extra copies of the report 
of the commissioners of prisons relative to the reformatory 
prison for women be printed for the use of said commis- 
sioners. Approved February 26, 1879. 



Fishery clauses 
of the Treaty of 
Washington. 



Chap. 11 Resolves concerning the fishery clauses of the treaty 

OF WASHINGTON. 

Resolved, That justice to the fishermen and to the fishing 
interests of the country requires that articles eighteen 
and twenty-one of the treaty concluded between the 
United States and the government of Great Britain on the 
eighth day of May, A.D. eighteen hundred seventy-one, 
should be terminated at the earliest possible period. 

Resolved, That a copy hereof be sent to each of our 
senators and representatives in Congress, 

Approved February 27, 1879. 



Chap. 12 



Soldiers' 

employment 

bureau. 



Resolve in favor of the disabled soldiers' employment 

BUREAU. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth to the Disabled Soldiers' 
Employment Bureau, the sum of three thousand dollars : 
provided, tliat there shall not be paid to the su])erinto]Klent 
of said bureau, as a salary for the present year, a sura ex- 
ceeding fifteen hundred dollars. 

Approved February 28. 1879. 



1879. — Chapters 13, U, 15, 16, 17. 671 

Resolve in favor of the state reform school at west- Chap. 13 

BOROUGH. 

Resolved., That there be allowed and paid out of the state Reform 
treasury of the Commonwealth the sum of two thousand borough. 
five hundred dollars to the Trustees of the state reform 
school at Westborough ; the same to be expended by them 
for the purchase of boilers for said institution, and the 
proper setting of the same. 

Approved February 28, 1879. 

Resolve relating to repairs at the old state prison. Chap. 14 

Resolved, That there be allowed and paid a sum not Appropriation 
exceeding one thousand dollars for necessary repairs, to be oWstatT*'*'^ 
made under the direction of the governor and council, P"son. 
at the old state prison, and the same is hereby appropri- 
ated, to be taken from the rents of said property paid 
into the state treasury. Approved February 28, 1879. 

Resolve in favor of the state almshouse at tewksbury. Chap. 15 

Resolved, That there be allowed and paid out of the state almshouse 
treasury of the Commonwealth, to be expended under the ^t Tewksbury. 
direction of the superintendent and board of inspectors of 
the state almshouse at Tewksbury, the sum of forty-five 
hundred dollars for increased facilities for obtaining water; 
also the sum of three thousand dollars for erecting and 
completing water closets for the eastern end of the asylum 
for the insane at said almshouse. , 

Approved March 6, 1879. 

Resolves relative to the claims of soldiers and sailors Chap. 1 6 
OF the late war. 

Resolved, That the senators and representatives in Con- Members of 
gress from this Commonwealth be and they are hereby quefte'dtohave 
requested to use their best exertions for the purpose of pendin| claims 
forwarding the claims of the soldiers and sailors of this 
state, now pending at the pension department at Wash- 
ington. 

Resolved, That a copy of this resolve be transmitted by 
the secretary of the Commonwealth to each of our sena- 
tors and representatives in Congress. 

. Approved March 6, 1879. 

Resolve in favor of the town of williamstown. Chap. 17 

Resolved, That there be allowed and paid out of the Allowance to 
treasury of the Commonwealth, the sum of one hundred wTnumstown 
and thirty-eight dollars and seventy-nine cents to the town 



672 



1879. — Chapters 18, 19. 



Chap. 18 

Allowance to 
George White, 
judge of 
probate. 



Chap. 19 



Executors and 
devisees under 
■will of David 
Miller, may sell 
and convey land 
de\i8ed by will 
of William 
Miller. 



May api)ly for 
apportioniiK'nt 
Into nine parts. 



of Williamstown, to re-imburse said town for certain 
money expended for the support of Betsey Haley and 
child, stiite paupers. Approved March 6", 1879. 

Resolve in favor of george white. 

Resolved., That there be allowed and paid out of the 
treasury of the Commonwealth to George White, judge of 
probate for the county of Norfolk, the sum of three hun- 
dred and fifty-two dollars and fifty-four cents, for per- 
forming the duties of judge of probate for the county 
of Worcester, during the vacancy caused by the death of 
Henry Chapin, judge of probate for said county of 
Worcester, in the year eighteen hundred and seventy-eight. 

Approved March 6, 1879. 

Resolve in favor of the executors and devisees under the 
will of david miller, late of boston, deceased. 

Resolved., That the executors and devisees under the will 
of David Miller, late of Boston, in the county of Suffolk, 
deceased, or their heirs, devisees, or legal representatives, 
are hereby authorized to sell and convey in fee-simple, 
free from all charges and conditions created by the will of 
William Miller, late of Roxbury, in the county of Norfolk, 
deceased, the lands devised by the will of said William 
Miller, deceased, to said David Miller, deceased, in the 
manner and upon the terms following ; that is to say, — 

Said executors and devisees, or their heirs, devisees, or 
legal representatives, ma}'^ ^pply by petition to the probate 
court for the county of Suffolk, praying that saitl lands 
devised as aforesaid to David Miller aforesaid, deceased, 
may be apportioned into nine parts, which shall be of 
equal value. Said prohate court after notice to all parties 
interested, and after appointing a suitable person to repre- 
sent the interests of all minors, and all persons not now in 
being, who can by any possibility be interested in said 
apportionment, and after hearing, shall, by its decree, 
apportion said lands into nine parts, in such manner that 
the value of all of said parts shall be the same, said parts 
being described by metes and bounds. At any time after 
such a})portionment, said executors and devisees, or their 
heirs, devisees, or legal representatives, may sell, succeiy- 
sively either at private sale or by public auction, at their 
discretion, each of said parts for any price which shall 
exceed the aggregate of these two sums ; to wit : lirst, 
one-ninth of the whole sum, which, at the time of such 
sale, would purchase in the Massachusetts Hospital Life 



1879. — Chapter 19. 



673 



Insurance Company of Boston, annuities for the persons 
entitiled to annuities under the will of said William 
Miller, deceased, for the years and months during which 
they are entitled to such annuities under said will, but no 
longer; and, second, one-ninth of twenty-two thousand 
dollars. But said executors and devisees, and their heirs, 
devisees, and legal representatives, shall receive from the 
purchase money only the excess thereof above the aggre- 
gate of said two sums; and the purchaser, upon receiving 
his title-deed, shall pay the aggregate of said two sums to 
Uriel H. Crocker, Esq., of Boston, trustee, who shall 
apply the first of said two sums to the purchase in the 
Massachusetts Hospital Life Insurance Company of Bos- 
ton of annuities for the persons entitled to annuities under 
the will of said William Miller, deceased, in the propor- 
tion to the whole amounts established by said will as the 
annuities for each of said annuitants respectively, and for 
the time during which said persons are entitled to annual 
payments under said will, and no longer, and who shall 
hold the residue of the money received by him upon the 
following trusts ; that is to say, to invest and manage the 
same, and to receive the annual income thereof, and 
during the lifetime of both Maria D. Miller and Almira 
D. Moore, formerly Almira D. Miller, two of said annui- 
tants, to pay over said annual income to said executors 
and devisees under the will of said David Miller, or their 
lieirs, devisees, and legal representatives, in semi-annual 
payments. Upon the decease of either said Maria or said 
Almira in the lifetime of the other, leaving a child or 
children of her body, said trustee shall at once pay to 
such child or children one-half of the principal of the trust- 
fund in his hands, in case such half does not exceed ten 
thousand dollars, upon the terms defined by the will of 
said William Miller, deceased, for the payments to such 
child or children. If, however, such half of the principal 
of the trust-fund in his hands shall, at the decease of either 
said Maria or said Almira in the lifetime of the other, 
leaving a child or children of her body, exceed the sum of 
ten thousand dollars, the excess of such half of said prin- 
cipal above ten thousand dollars shall, upon such decease, 
be paid by said trustee to the executors and devisees 
under the will of David Miller, their heirs, devisees, or 
legal representatives. After the decease of either said 
Almira or said Maria in the lifetime of the other, the said 
trustee shall, during the lifetime of the survivor, pay in 
semi-annual payments the annual income of the remaining 



Annuities. 



Maseacbusetts 
Hospital Life 
Insurance 
Company. 



Maria D. Miller 
and Almira D. 
Moore. 



Payments by 
trustee, after 
decease of 
Almira or 
Maria. 



674 



1879. — Chapter 19. 



Trustee to give 
bond. 



Resolve void un- 
le»B executors 



principal of the trust-fund to the executors and devisees 
under the will of said David Miller, or their heirs, devi- 
sees, or legal representatives ; and, upon the decease of such 
survivor, the remaining principal of the trust-fund shall be 
paid to the child or children of the body of such survivor, 
if any such there be, upon the terms defined for such pay- 
ments to said child or children by the will of said William 
Miller. If, however, such remaining principal shall exceed 
ten thousand dollars, only that sum of ten thousand dol- 
lars shall be paid to said child or children ; but the excess 
of such residue above ten thousand dollars shall be paid 
to the executors and devisees under the will of said David 
Miller, their heirs, devisees, or legal representatives. 

In case either said Maria or said Almira shall die in the 
lifetime of the other, leaving no child nor children of her 
body, the trustee shall at once pay one-half of the principal 
of the trust-fund in his hands to the executors and devi- 
sees under the will of said David Miller, their heirs, de- 
visees, or legal representatives ; and in case of the decease 
of the survivor of said Maria and said Almira, leaving no 
child nor children of her body, the whole of the trust-fund 
in the hands of the trustee shall be at once paid to the 
executors and devisees under the will of said David Miller, 
their heirs, devisees, or legal representatives. 

Said trustee shall give bond, conditioned for the faithful 
performance of his trust, in the sum of twenty-five thou- 
sand dollars, to the satisfaction of the judge of said pro- 
bate court. In case of the refusal, disability, or removal 
of the trustee herein named, said court may appoint a trus- 
tee to exercise all the powers of the trustee within named ; 
and said trustee shall render annual accounts to said 
court. 

^'aid executors and devisees under the will of said David 
Miller, their heirs, devisees, and legal representatives, may 
at any time pay to said trustee the whole sum of money 
necessary to purchase annuities in the Massachusetts Hos- 
pital Life Insurance Company of Boston, for the persons 
entitled to such annuities under the will of said William 
Miller, for the time during which they are entitled to 
annuities under said will, but no longer ; or they may pay 
said trustee at any time any portion of said whole sura ; 
and, after such whole or partial payment, they shall be 
relieved from the payment of the whole or a just propor- 
tion of said annuities. 

This resolve shall become void unless said executors 
and devisees under the will of said David Miller shall, 



1879. — Chapters 20, 21. 



675 



within nine months from the passage of this resolve, sell 
a sufficient portion of said lands to enable them to pay to 
said trustee from the proceeds thereof the proportional 
sums prescribed herein, the annuities due for the years 
ending May first eighteen hundred seventy-eight, and May 
first eighteen hundred seventy-nine, and the taxes now 
due upon said lands, and shall pay the same. 

Said executors and devisees under the will of David 
Miller, and their heirs, devisees, and legal representatives, 
may, if they elect, without an}^ application to the probate 
court, sell at any time the whole of said lands at once for 
any price which exceeds the aggregate of the sums to be 
paid for the purchase of said annuities and the said sum of 
twenty-two thousand dollars, which sums shall be applied 
by the trustee in the manner herein before directed. 

All payments of annuities by the Massachusetts Hospi- 
tal Life Insurance Company after the purchase of annui- 
ties as herein provided, and all payments by the trustee 
under the provisions hereof to beneficiaries other than said 
executors and devisees under the will of David Miller 
shall be made in behalf of said executors and devisees. 

Approved March 6, 1879. 



sell land within 
nine months. 



Lands may be 
sold without 
application to 
the probate 
court. 



Payments of 
annuities to he 
made in behalf 
of executors 
and devisees. 



Resolve concerning the rebuilding of workshops at the Chap. 20 

NEW state prison. 

Resolved., That there be allowed and paid out of the 
treasury, and the same is hereby appropriated, a sum not Appropriation 
exceeding twenty-two thousand six hundred and six dol- a^new'state^^ 
lars, for expenses incurred in the rebuilding of workshops ^™°^- 
burned at the state prison. Approved March 10, 1879. 



Resolve re-imbursing the city of Chelsea and the towns of Chap. 21 

NORTHAMPTON AND BROCKTON, FOR PAYMENTS MADE ON AC- 
COUNT OF RENT OF ARMORIES. 

Resolved., That there be allowed and paid from the 
treasury of the Commonwealth, to the city of Chelsea and Re-imbursement 
the towns of Northampton and Brockton, the sums herein Nonh''*'^^ ''"'^ 



below set against their names, in re-imbursement of pay- 
ments made for rent of armories in the year eighteen hun- 
dred and seventy-six, to wit: — Chelsea, two hundred and 
twenty-seven dollars and forty cents ; Northampton, one 
hundred and sixty- six dollars and fifty-seven cents ; Brock- 
ton, one hundred and eighty-nine dollars and fifty cents. 

Approved March 12, 1879. 



jarapton 
and Brockton 
for rent of 
armories. 



676 



1879. — Chapters 22, 23, 24, 25, 26. 



May convey to 
Boston certain 
patisage-way 
sewers. 



Chap. 22 Resolves in relation to back bat lands and sewerage. 

CommiKsioners liesolved, That the land commissioners or their snccess- 
"heVoiton'a'lid° ^^^ ^" oiRce Or authority may sell and convey to the Boston 
Albany Kail- and Albany Railroad Company the land on the corner of 
ompany. jj^^^i^^qj^ ^^^j^ Exctcr strccts, adjoining land now owned by 
said company, together with the passage-way on the south- 
erly line of the aforesaid land of the Commonwealth, on 
such terms and conditions as the governor and council 
may approve. 

JResoIved, That the land commissioners or their success- 
ors in office or authority may convey to the city of Boston 
so man}' of the passage-way sewers, belonging to the Com- 
monwealth on the Back Bay territory, as may be deemed 
expedient, on such terms as the governor and council may 
approve. Apxjroved March 12, 1879. 

Chap. 23 Resolve in favor of james melvin. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth, to James Melvin, of Con- 
cord, a private in Company E., sixth regiment Massa- 
chusetts volunteers, six dollars per month from the first 
day of October eighteen hundred and seventy-eight, and 
during his disability. Approved March 12, 187!). 

24 Resolve in relation to the use of signals on railroads. 

Resolved, That the board of railroad commissioners be 
instructed to investigate the subject of railroad signals, 
and to report the result of their investigations to the sev- 
eral railroad corporations in this Commonwealth, and to 
the next general court. Approved March 20, 1879. 



Allowance to 
James Melvin. 



Cha] 



Commissioners 
to investigate 
8ul)ject of rail- 
road sii^nals, 
and report. 



Chaj). 25 



Commissioners 
to investittate 
concerning dis- 
crimination in 
fare on branch 
railroads. 



Resolve in relation to the discrimination in fare on branch 

railroads. 

Resolved, That the peti.tion of Joseph Graves 4th, and 
others of Marblehead, for legislation to prevent a railroad 
operating two branches between any two points, from 
making any discrimination in the rate of fare over either 
branch, be referred to the board of railroad commissioners 
with instructions to report their conclusions to the railroad 
corporations so operating two branches, and to the next 
general court. Approved March 20, 1879. 

Chan 26 Resolve in favor of maria ii. sargent. 

Aiinwanceto Resolved, That there be allowed and paid from the 

treasury of the Commonwealth, to JNlaria 11. Sargent of 
(>ainbridge, an annuity of two hundred dollars for the 



Maria U. Sar- 
gent 



1879. —Chapters 27, 28, 29, 30. 



677 



term of five years, as state aid, from tlie first day of Janu- 
ary in tlie year eighteen hundred and seventy-nine, payable 
in equal quarterly instalments. 

Approved March 21, 1879. 

Resolve relating to improvements at the state prison in Chap. 27 

CONCORD. 

Resolved., That the unexpended balance of the appro- Re-appropria- 
priation made in chapter thirty-three of the Resolves of ments antauT^' 
the year eighteen hundred and seventy-eight, for the pur- P"^°"- 
chase of lumber for fencing and other purposes at the 
new state prison, may be and is hereby made applicable 
for the payment of expenses incurred in the construction 
of a wall and for other improvements, as provided for in 
said resolve, the same to be expended under the approval 
of the governor and council. 

Approved March 21, 1879. 

Resolve in favor of the county of Hampshire. Chap. 28 

Resolved, That in accordance with the provisions of Allowance to 
section thirty-two of chapter one hundred and sixty-one Hampsmre?^ 
of the General Statutes there be allowed and paid, and the 
same is hereby appropriated, a sum not exceeding seven 
thousand one hundred and ninety-six dollars and eighty- 
seven cents, in re-imbursement of the county of Hamp- 
shire for expenses incurred in the arrest and conviction of 
persons engaged in the robbery of the Northampton 
National Bank. Approved March 21, 1879. 

Resolve to re-imburse the city of boston for abating a Chap. 29 

NUISANCE. 

Resolved, That there be paid out of the treasury of the 
Commonwealth to the city of Boston, the sum of eight 
thousand one hundred and eighty-seven dollars and thirty 
cents, being the amount expended by the board of health 
of the city of Boston for the filling of land belonging to 
the Commonwealth, lying in the rear of the state prison 
at Charlestown ; such filling having become necessary for 
the abatement of a nuisance dangerous to the public 
health, and said sum being in full discharge of all claims 
of the city of Boston against the Commonwealth growing 
out of said transaction. Approved March 25, 1879. 

Resolve in relation to the employment by railroad cor- 
porations of persons afflicted with color blindness. 

Resolved, That the board of railroad commissioners be 
instructed to consider whether any legislation is expedient 



City of Boston 
to be re-im- 
bursed for 
abating a 
nuisance. 



Chap. 30 



Commissioners 
to investigate 



678 



1879. — Chapters 31, 32, 33, 34, 35. 



or needful with reference to the employment by railroad 
corporations of persons afflicted with color blindness ; and 
report thereon to the next general court. 

Approved March 25, 1879. 

Resolve in relation to the use of safety switches on 

railroads. 
Resolved, That the board of railroad commissioners be 
subj'JcTofsafety instructed to investigate the subject of safety switches on 
railroads, and report the result of their investigations to 
the railroad corporations and to the next general court. 

Approved March 20, 1S79. 



concerning rail- 
road employes 
afflicted with 
color blinduees. 



Chap. 31 



Commiseioners 



swilcheB. 



Chap. 32 

Allowance to 
Mark Pickering. 



Allowance to 
John Donnelly. 



Resolve in favor of mark pickerixg. 
Resolved, That there be allowed and paid from the 
treasury of the Commonwealth to j\Iark Pickering, of Bos- 
ton, an annuity of two hundred dollars, for the term of 
three years from the first day of January in the year 
eighteen hundred and seventy-nine, payable in equal quar- 
terly instalments. Approved March 26, 1879. 

Chap. 33 Resolve in favor of john donnelly. 

Resolved, That there be allowed and paid from the 
treasury of the Commonwealth to John Donnelly, of 
Worcester, the sum of one hundred dollars, as state aid, 
payable on the first day of April in the year eighteen hun- 
dred and seventy-nine. Approved March 26, 1879. 

Chap. 34 Resolve in favor op the state beneficiaries in the asylums 

FOR THE DEAF AND DUMB. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth, the sum of eleven thou- 
sand one hundred and thirty-seven dollars and thirty-five 
cents, for the board and tuition of state beneficiaries in 
the asylums for the deaf and dumb during the year 
eighteen hundred and seventy-eight. 

Approved March 28, 1879. 

35 Resolve in relation to state expenditures by departments 

AND officials. 

Resolved, All heads of departments and officials having 
supervision or charge of expenditures in belialf of the 
Commonwealth for whicli limited appropriations have 
been made, are hereby authorized to continue the several 
departments of service under their charge until further 
appropriations are made therefor, or the pleasure of the 
present legislature is made known thereon. 

Approved March 28, 1879. 



State 'beneficia- 
ries in asylums 
for the deaf and 
dumb. 



Chap. 



Expenditures 
may be contin- 
ued until further 
appropriations 
are made. 



1879. — Chapters 36, 37, 38, 39, 40. 679 

Eesolve in favor of the state lunatic hospital at danvers. Chap. 36 

Resolved., I'hat there be allowed and paid out of the Appropriation 
treasury of the Commonwealth, and the same is hereby lunatic 
appropriated, the sum of thirty thousand dollars, as fol- DanverL^* 
lows : — A sum not exceeding five thousand dollars for the 
maintenance of the state lunatic hospital at Danvers 
during the year eighteen hundred and seventy-eight ; a 
sum not exceeding twenty thousand dollars for the main- 
tenance of said hospital during the year eighteen hundred 
and seventy-nine ; and a sum not exceeding five thousand 
dollars, to be expended in furnishing the attic or fourth 
story rooms of said hospital ; said sums of money to be 
expended under the direction of the trustees of said hos- 
pital. Approved March 31, 1879. 

Resolve relative to a uniform system of laws in certain Chap. 37 
states regulating the hours of labor. 

Resolved, That the Massachusetts bureau of statistics "^"^Pp^^j^^f**** 
of labor is hereby directed to collect and present such states, showing 
data to the legislatures of the neighboring states of Rhode of uniform sys- 
Island, Connecticut, New Hampshire and New York, as urtinghrrJof 
will tend to show the desirableness of a uniform system la^or. 
of laws regulating the hours of labor. 

Approved April 1, 1879. 

Resolve in favor of fanny ross. Chap. 38 

Resolved, That there be allowed and paid from the Allowance to 
treasury of the Commonwealth, to Fanny Ross of Cam- Fanny ross, 
bridge, an annuity of two hundred dollars for the term of 
three years from the first day of January in the year eigh- 
teen hundred and seventy-nine, payable in equal quarter- 
yearly instalments. A][)proved April 2, 1879. 

Resolve in favor of the commissioners on contagious Chap. 39 

DISEASES among CATTLE. 

Resolved, That the sum of one thousand dollars be Contagious dis- 
appropriated for the use of the commissioners on conta- cauie.^™°"^ 
gious diseases among cattle, for the year eighteen hun- ^pp'opriation. 
dred and seventy-nine. Approved April 9, 1879. 

Resolve confirming the acts op james m. morton as a Chap. 40 

JUSTICE of the peace. 

Resolved, That all acts done by James M. Morton, as a Acts done as 
justice of the peace within and for the county of Bristol, ^p"face!con.'''' 
since the twenty-sixth day of May in the year eighteen firmed. 
hundred and seventy-five, are hereby made valid and con- 



680 



1879. — Chapters 41, 42, 43, 44. 



Chap. 41 

Allowance to 
Sarali F. 
liawrence. 



firmed to the same extent as though he had been during 
that time qualified to discharge the duties of said office. 

Approved xipril 9, 18/9. 

Resolve in favor of sarah f. lawrence. 
Resolved, That from and after the first day of January 
in the year eighteen hundred and seventy-nine, there be 
allowed and paid to Sarah F. Lawrence, widow of William 
H. Lawrence, the same amount of state aid she would 
have been entitled to receive had the name of her hus- 
band, at the time of his death, been borne upon the roUs 
as a part of the quota of the Commonwealth. 

Approved April 22, 



1879. 



Treasurer may 
borrow money 
in anticipation of 
the revenue. 



Char) 42 Resolve authorizing the treasurer to borrow money in 
"' anticipation of the revenue. 

Resolved, That the treasurer and receiver-general be, and 
he hereby is, authorized to borrow in anticipation ot the 
receipts of the present year, such sums of money as may 
from time to time be necessary for the payment ot the 
ordinary demands on the treasury, at any time before the 
expiration of fifteen days after the meeting of the next 
general court, at such rates of interest as shall be lound 
necessary ; and that he repay any sums he may borrow 
under this resolve, as soon as money sufficient tor the 
purpose and not otherwise appropriated shall be received 
into the treasury. Approved April 22, 1879. 

Resolve in favor of Caroline e. caswell. 
Resolved, That from and after the first day of January, in 
the year eighteen hundred and seventy-nine, there be 
allowed and paid to Caroline E. Caswell, widow of Samuel 
H. Caswell, the same amount of state aid she would have 
been entitled to receive had the name of her husband, at 
the time of his death, been borne upon the rolls as a part 
of the quota of the Commonwealth. 

Approved April 24, 18/9. 



Chap. 43 

Allowance to 
Caroline E. 
Caswell. 



Chap. 44 

Appropriation 
for repairs on 
the state house. 



Resolve in relation to repairs on the state house. 

Resolved, That there be allowed and paid out of the 
treasury a sum not exceeding thirty-five hundred dollars, 
for putting in and repairing steam pipes, and making such 
repairs as are necessary in connection therewith, m the 
state house ; the same to be expended by the sergeant- 
at-arms, under the direction and with the approval ot the 
commissioners on the state house ; and the same is hereby 
appropriated. Approved April 24, 18/ 9. 



1879. — Chapters 45, 46, 47, 48. 



681 



the Boston and 
Northwestern 
Railroad A^jbo- 
ciation referred 
toacommieeion. 



Resolve in relation to the commonwealth flats at south Chap. 45 

BOSTON. 

Resolved., That the petition of Edward Atkinson, on Petition of 
behalf of the Boston and Northwestern Railroad Associa- eon on behalf of 
tion, for an act of incorporation with certain powers, and 
the order relative to a railroad to connect existing railroads 
with the Commonwealth Flats at South Boston, be referred 
to a commission to consist of the board of railroad com- 
missioners and the board of land commissioners, with in- 
structions to investigate the subject and report their con- 
clusions to the next general court. 

Approved April 25, 1879. 

Resolve relating to the survey of indian lands at gay Chaj). 46 

HEAD. 

Resolved, That there be allowed and paid, and the same Appropriation 
IS hereby appropriated, a sum not exceeding two thousand Indian lands at 
nine hundred and eight dollars and fifty-three cents, for '^^ 
the comj^ensation and expenses of the commissioners on 
the survey of Indian lands at Gay Head, in accordance 
with the provisions of section six of chapter two hundred 
and thirteen of the acts of the year eighteen hundred and 
seventy. Approved April 25 , 1879. 

Resolve assigning rooms for the use of the prison com- Chap. 47 

MISSIONERS. 

Resolved, That the sergeant-at-arms, with the assent and Prison commis- 

,p,T .? ., .,1 1 sioners to have 

approval or the commissioners on the state house, be au- rooms at state 
thorized to assign the suite of rooms, heretofore occupied ^""''®' 
by the bureau of the surgeon-general, in the basement of 
the state house, to the prison commissioners. 

Ap'proved April 29, 1879. 

Resolve relating to the protection of the state prison Chap. 48 

buildings. 
Resolved, That there be allowed and paid out of the Appropriation 
treasury of the Commonwealth, a sum not exceeding ten appLS^s li 
thousand dollars, and the same is hereby appropriated, to state pnson. 
be expended under the approval of the governor and 
council, for the purchase of steam fire apparatus and the 
erection of a building for the same at the state prison in 
Concord. But in case a contract is made for supplying 
said prison with water, under the provisions of chapter 
one hundred and sixty-five of the acts of the present year, 
the governor and council may use such portion of the 
aforesaid sum as they may deem necessary for such pipes 



682 



1879. — Chapters 49, 50, 51, 52. 



Chap. 49 

Annuity for 
Charles J. Cox. 



Chap. 50 



Appropriation 
for state camp 
ground at 
Framingham. 



Chap. 51 



Appropriation 
for fence and 
grading at state 
camp ground. 



Arsenal build- 
ings at 
Cambridge. 



Chap. 52 

County taxes 
granted. 



and hydrants as may be requisite for the protection of the 
prison against fire. Approved April 30, 1879. 

Resolve in favor op charles j. cox. 
Resolved., That there be allowed and paid out of the 
treasur}'^ to Charles J. Cox, of Duxbury, (who lost both 
eyes by reason of a sun stroke received while in the ser- 
vice of the United States, as a member of the eighteenth 
regiment of Massachusetts volunteers,) the sum of five 
hundred dollars ; and that from and after the first day of 
January, eighteen hundred and seventy-nine, there be 
allowed and paid to said Cox an annuity of one hundred 
dollars, payable quarter-yearly during his natural life, in 
consideration of his mutilation and suffering in the war of 
the rebellion. Approved April 30, 1879. 

Resolve relating to the .state camp ground at framing- 
ham. 

Resolved, That there be allowed and paid out of the 
treasury, and the same is hereby appropriated, a sum not 
exceeding eight hundred dollars, in payment for such par- 
cel or parcels of land as the governor and council may 
designate for the purposes of the state camp ground, as 
provided in chapter two hundred and forty-seven of the 
acts of the year eighteen hundred and seventy-three. 

Approved April 30, 1879. 

Resolve to provide for certain improvements and repairs 

AT the state camp GROUND AT FRAMINGHAM, AND THE STATE 
ARSENAL AT CAMBRIDGE. 

Resolved, That the adjutant-general be authorized to 
complete the construction of a fence on the southerly side 
of the state camp ground, at South Framingham, at an 
expense not exceeding two hundred dollars ; to expend a 
sum not exceeding three hundred dollars in grading and 
filling at said camp ground ; to procure proper fire extin- 
guishers for the state arsenal, at an expense not exceeding 
three hundred dollars; and to repair the arsenal buildings 
at Cambridge, at an expense not exceeding four hundred 
dollars ; and the sums herein before named are hereby 
appropriated. Approved April 30, 1870. 

Resolve granting county taxes. 
Resolved, That the sums placed against the names of the 
several counties in the following schedule are granted as a 
tax for each county, respectively, to be collected and 
applied according to law. 



1879. — Chapter 53. 



683 



County taxes 
granted. 



Seven tliousand two hundred and fifty dollars. 
One hundred fifty-three thousand seven hundred 



Barnstable. Seventeen thousand seven hundred and 
seventeen dollars. 

Berkshire. Seventy-four thousand two hundred dollars. 

Bristol. One hundred and ten thousand eight hundred 
dollars. 

Dukes. 

Essex, 
dollars. 

Franklin. Twenty-seven thousand five hundred and 
fifty-eight dollars. 

Hampshire. Thirty-seven thousand dollars. 

Hampden. Sixty-eight thousand five hundred dollars. 

Middlesex. One hundred and fifteen thousand dollars. 

Norfolk. Sixty-eight thousand two hundred dollars. 

Plj'mouth. Forty-four thousand three hundred and fifty 
dollars. 

Worcester. One hundred and thirty-four thousand five 
hundred dollars. Approved April 30, 1879. 

Resolve to authorize the bureau of statistics of labor Chap. 53 
TO print additional copies of its tenth annual report. 

Resolved, That the chief of the bureau of statistics on Additional 
the subject of labor be and he hereby is authorized to pub- '^"P'es of report. 
lish an edition, not exceeding one thousand copies, of the 
tenth annual report of said bureau, to be sold at cost : 
provided, the expense of said edition can be met out of the proviso, 
contingent appropriation for said bureau for the year eigh- 
teen hundred and seventy -nine. All receipts from sales of 
said edition shall be turned into the treasury, to the credit 
of such contingent appropriation. 

Approved April 30, 1879. 



684 Proposed Amendments to the Constitution. 



PKOPOSED AMENDMENTS TO THE 
CONSTITUTION. 



The following proposed Articles of Amendment to the Constitution 
of this Commonwealth, have been officially certified and deposited in 
the Secretary's Department, as required by chapter 156 of the Acts of 
1865, and if agi-eed to by the General Court next to be chosen, in the 
manner provided by the Constitution, must be submitted to the people 
for their ratification or rejection: — 

Eesolve providing for an amendment to the constitution 
TO provide for biennial elections, and biennial ses- 
sions of the legislature. 

Resolved^ by both houses, the same being agreed to by 
a majority of the senators and two-thirds of the members 
of the house of representatives, present and voting tliere- 
on : That it is expedient to alter the Constitution of this 
Commonwealth by adopting the subjoined Article of 
Amendment ; and that the same, as thus agreed to, be en- 
tered on the journals of both houses, with the yeas and 
nays taken thereon, and referred to the general court 
next to be chosen ; and that the same be published, to the 
end that if agreed to by the general court next to be 
chosen, in the manner provided by the Constitution, it 
may be submitted to the people for their approval and rati- 
fication, in order that it may become a part of the Consti- 
tution of the Commonwealth. 

The general court shall direct the manner of voting by 
the people upon the proposed amendment, and enact all 
such laws as shall be necessary to procure a free and fair 
vote thereon, and to give effect to the provisions hereof. 

ARTICLE OF AMENDMENT. 

The legislative body shall assemble on the first Wednes- 
day of January, biennially. Senators and Representatives 
shall be elected biennially, and hold office two years, com- 
mencing on the first Wednesday of rianuary following their 
election. 

The term of office of the Governor, Lieutenant-Gov- 



Proposed Amendments to the Constitution. 685 

ernor, and Councillors, respectively, shall commence on the 
first Wednesday of January, and shall continue for the 
term of two years, and until their successors shall be 
chosen and qualified. 

The term of office of the Secretary, Treasurer and Re- 
ceiver-General, Auditor, and Attorney-General, respec- 
tively, shall commence on the third Wednesday of Jan- 
uary, and shall continue for the term of two years, and 
until their successors shall be chosen and qualified ; and 
the same person shall be elligible as Treasurer and Re- 
ceiver-General for six years successively, and no more. 

The first election under this article of senators and 
representatives, and to the offices herein named, shall be 
on the Tuesday next after the first Monday of November, 
in the year eighteen hundred and eighty, in the manner 
prescribed by the Constitution of the Commonwealth, and 
thereafter on said Tuesday of November biennially ; and 
the first session of the legislative body under the provis- 
ions hereof shall commence on the first Wednesday of 
January, eighteen hundred and eighty-one. 

It shall be the duty of the legislature first to ahsemble 
after the adoption of this article to make all necessary pro- 
visions of law concerning the tenure of office of all county 
officers, and concerning the reports of the treasurer and 
receiver-general and other state officers and institutions, 
and to make all such provisions of law as may be required 
in consequence of the change from annual to biennial 
elections, and from annual to biennial sessions of the legis- 
lature. 

All the provisions of the existing Constitution incon- 
sistent with the provisions herein contained are hereby 
wholl}' annulled. 

Senate, March 17, 1879. 
The foregoing Article of Amendment is agreed to, a 
majority of the members of the Senate present and voting 
thereon having voted in the affirmative, and the same is 
referred to the general court next to be chosen. 

Jno. B. D. Cogswell, President. 

House of Representatives, March 28, 1879. 
The foregoing Article of Amendment is agreed to, two- 
thirds of the members of the House of Representatives 
present and voting thereon having voted in the affirmative, 
and the same is referred in concurrence to the general 
court next to be chosen. Levi C. Wade, Speaker. 



686 Proposed Amendments to the Constitution. 

Resolve providing for an amendment to the constitution 
TO prevent the disfranchisement of certain soldiers 

AND SAILORS BECOMING PAUPERS. 

Resolved^ by both houses, the same being agreed to by 
a majority of tlie senators and two-thirds of the members 
of the house of representatives, present and voting there- 
on : That it is expedient to alter the Constitution of this 
Commonwealth by adopting the subjoined Article of 
Amendment ; and that the same, as thus agreed to, be 
entered on the journals of both houses, with the yeas and 
nays taken thereon, and referred to the general court 
next to be chosen ; and that the same be published, to the 
end that if agreed to by the general court next to be 
chosen, in the manner provided by the Constitution, it may 
be submitted to the people for their approval and ratifica- 
tion, in order that it may become a part of the Constitu- 
tion of this Commonwealth. 

ARTICLE OF AMENDMENT. 

No person having served in the army or navy of the 
United States in time of war and while he was a citizen 
of this Commonwealth, and having been honorably dis- 
charged from such service, if otherwise qualified to vote, 
shall be disqualified therefor on account of being a pauper. 

Senate, April 25, 1879. 
The foregoing Article of Amendment is agreed to, a 
majority of the members of the Senate present and voting 
thereon having voted in the afiirmative ; and the same is 
referred to the general court next to be chosen. 

John B. D. Cogswell, President. 

House of Representatives, April 29, 1879. 
The foregoing Article of Amendment is agreed to, two- 
thirds of the members of the House of Representatives 
present and voting thereon having voted in the afiirmative, 
and the same is referred in concurrence to tlie general 
court next to be chosen. Levi C. Wade, Speaker. 



The General Court of 1879, during its annual session, passed three 
hundred and six acts and fifty-three resolves, which received the ap- 
proval of his Excellency the Governor. In addition to these, an act 
entitled " An Act to incorporate the Phoenix Brewing Company of 
Lawrence," was laid before the Governor, and having failed of his ap- 
proval, and not having been returned within five days after receiving 
the same, the Legislature not having adjourned in the meantime, said 
act acquired the force of law and has been so certified. 

An act entitled " An Act to provide for the more accurate Registra- 
tion of Vital Statistics " was laid before the Governor, for his approval, 
and was returned by him to the House of Representatives, in which it 
originated, with his objections thereto. The House of Representa- 
tives proceeded to reconsider the same agreeably to the provisions of 
the Constitution, and the vote being taken on passing said act, the 
objections of the Governor to the contrary notwithstanding, the same 
was rejected, two-thirds of the members present and voting thereon 
not having voted in the affirmative. 

The General Court of 1879 was prorogued on Wednesday, April 30, 
the session having occupied one hundred and twenty days. 



688 Governor's Address. 



INAUGURAL ADDRESS 



HIS EXCELLENCY THOMAS TALBOT. 



At one o'clock on Thursday, the second day of Jan- 
uary, His Excellency the Governor, accompanied by His 
Honor the Lieutenant-Governor, the members of the Ex- 
ecutive 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. 

Called by the suffrages of the people to the chief 
magistracy of the Commonwealth, I approach my official 
duties with a deep sense of the grave and unusual respon- 
sibility attending their present discharge. 

The exhaustive discussion of public issues during the 
past few months, reaching and pervading the most se- 
cluded districts of the State, has developed and consoli- 
dated a public sentiment which finds expression in a 
general call for retrenchment and re-organization. These 
are not the mere watchwords of a partisan campaign, but 
the expression of an abiding conviction in the hearts of 
the people. The lessons of adversity have had their uses. 
The compelled economy in each home is a daily reminder 
of the folly and sin of national, state, and municipal 
extravagance. The denial of accustomed comforts to his 



Governor's Address. GS9 

family kindles and keeps alive in the citizen a resentment, 
as for a personal wrong, against any form of public waste- 
fulness. This popular feeling is honorable, creditable, and 
assuring. It must be recognized, respected, and obeyed, 
by all public servants. 

So far as the actual power and the rightful influence 
of the chief executive can reach, within the bounds of 
official courtesy and constitutional prerogative, I shall con- 
form my future policy to the methods of economy I have 
advocated in the past. I shall insist that faith be kept 
with the people ; that they shall not be mocked with a 
delusive show of retrenchment ; and that all needed re- 
duction shall be effected in every branch of the public 
service, so far as it can be done without crippling its effi- 
ciency, or adding to the sum of human suffering. 

In this, — the people's own work, — I invite, with the 
fullest confidence of receiving it, the cordial co-operation 
of the people's own representatives, which is indispensable 
to success ; so that with accuracy of information, calmness 
of deliberation, and wisdom of counsel, without partiality 
and without prejudice, it may be done as they desire, — 
judiciousl}^ thoroughly, and quickly. 

To this end I present to you a brief and general state- 
ment of the financial condition of the State, and a more 
detailed exhibit of the total expenditure, which I shall 
classify as legislative, judicial, executive, and exceptional. 

THE PUBLIC DEBT. 

The .following statement shows the present funded debt, 
with its appropriate classification : — 

Amount outstanding Jan. 1, 1878 133,220,464 

Matured and paid during the year, Union Fund Loan of 

1862 . . . ". 200,000 



Total funded debt, Jan. 1, 1879 .... $33,020,464 



CLASSIFICATION. 



Railroad loans $17,738,996 

War loans 10,468,188 

Loans for public buildings, etc. . . 4,813,280 



$33,020,464 



The $200,000 matured in 1878 was the last instalment 
of the Union Fund Loan of 1862, and was paid from its 
own sinking fund. The balance of that fund was then 
transferred to the Troy and Greenfield Railroad sinking 



690 Governor's Address. 

fund as required by law. No further portion of the public 
debt will mature before 1880, when a steady and material 
reduction will commence and continue. 

Amid the general depression of industrial interests, the 
credit of the Commonwealth continues unimpaired. It is 
our common duty to see that it remains so during the 
term of our mutual responsibility. Tlie reduction of the 
public debt in the past year, though small, is a step in 
the right direction. Under no circumstances should I be 
willing to assent to its increase, or to entail upon posterity 
the burdens we should assume ourselves. To pay as you 
go, is the true policy of governments, as well as of indi- 
viduals. The nation which consistently pursues it, free 
from debt and enjoying unlimited credit, is more respected 
and safer than if guarded by a standing army. 

The State has now no temporary loan, the entire in- 
debtedness being funded. The several sinking funds, 
now amounting to nearly $12,000,000, if they accumulate 
in the average ratio of the past, will be ample to retire 
five-sixths of the aggregate debt at maturity. The balance 
will be provided for long before it becomes due in 1900, 
from other resources of the State, including the proceeds of 
the public lands, already reserved by law for this purpose. 

EXPENSES AND REVENUES FOR 1879. 

The estimates for the current year are necessarily based 
mainly upon the results of the last, and upon existing 
statutes regulating expenditure and revenue. From the 
best data now accessible, the following estimates are 
believed to be practically accurate : — 

Payments from revenue, ordinary and exceptional, in- 
cluding taxes returnable ...... $4,240,250 

Ordinaiy revenue, cash on hand ..... 3,917,643 



Leaving an apparent deficit to be provided for by taxa- 
tion of §323,643 



RETRENCHMENT. 

Habits of extravagance, public and private, were con- 
tracted during the War of the Rebellion, and continued 
during the period of prosperity succeeding it. Individ- 
uals, municipalities, and states shared alike in the error, 
and have alike suffered its consequences. I deem it unfair 
to impose upon any party the responsibility for a mistake 
committed by all the people, which all the people should 



Governor's Address. 691 

unite to retrieve. But, for its continuance, the dominant 
party will be, and ought to be, held responsible. 

In all matters requiring change, the final decision rests 
with the Legislature. The labor of investigation falls 
upon its committees. But the duty of recommendation is 
vested in the Executive. I have therefore made the neces- 
sary examinations, as carefully as the brief time would 
allow, and in treating of each department shall make such 
suggestions as my experience and judgment may dictate. 

The necessity of a change of policy was comprehended 
by our predecessors ; and due credit should be awarded 
for their efforts in this direction. The decrease of the 
State debt the past year has been small ; but the arrange- 
ments for its prospective diminution and final extinguish- 
ment are judicious, and will impose no perceptible burden 
on the people. The State tax has fallen from 82,000,000 
in 1875 to 81,000,000 in 1878, with such a prospect of de- 
crease that its continuance is virtually in your hands. 
The net reduction of expenses, ordinary and exceptional, 
for the past year, will be nearly 8200,000, or five per cent 
on the whole amount. 

In this connection I beg to remind you that the burden 
of taxation, so oppressive and so obnoxious to the people, 
is created mainly by excessive municipal and county ex- 
penditure ; the rate of State taxation being only 63.7 cents 
on each thousand of a reduced valuation, while the average 
municipal rate, including the State tax, is 812.54 \>ei thou- 
sand. 

The gross expenditure for 1878 was in round numbers 
84,000,000,, which may be divided as follows: — 

Legislative expenses ..... $251,000 

Judicial expenses ...... 192,000 

Executive expenses ..... 1,297,000 

Exceptional expenses ..... 2,260,000 

This will be reduced by repayments to the treasurer, or 
reimbursements to the towns, by about 8200,000, leaving 
the net State expenditure about 83 800,000. 

Before examining separately each branch of expenditure, 
I invite your careful scrutiny of the expenses of the Gov- 
ernor and Council, which were 825,700 for 1878, — a reduc- 
tion of 86,000 from the preceding year. It seems to be 
conceded, that, under the provisions of the Constitution, 
the Legislature cannot reduce the salary of a chief magis- 
trate while in office, but may establish in advance that of 
his successor. I desire to remove all embarrassment on 



692 Governor's Address. 

this point, by suggesting that this salary shoukl be made 
to conform to the standard existing before the war, and by 
stating that the present Executive will content himself 
wilh the sum you may deem '' honorable "' and " sufficient " 
for his successor. 

To the other expenses of the Executive, I shall apply 
the same rules that I should expect to be observed in sub- 
ordinate departments. 

The legislative expenses for 1878, 8251,000, are more 
than double those of i860, which were but -$111,000. The 
protracted sessions induce a higher compensation. They 
greatly enhance the cost of printing, attendance, and inci- 
dentals. The regulation of these matters is entirely your 
own. They will, I doubt not, be arranged with the utmost 
care and judgment, aided by a knowledge of the wishes of 
your constituents. 

The lengthened hearings before the committees, often 
the mere rehearsal of the arguments of previous years, or 
attempts to secure legislative aid for private schemes, 
might, I think, be abridged, without curtailing the rights 
of the people. Reports could then be made promptly, and 
many matters disposed of in the earlier part of the session. 
In the first two months of the session of 1878, only thirty- 
one acts received the approval of the Governor, including 
the regular appropriation bills, prepared in the office of the 
• Auditor. 

Much, too, can be accomplished by simply enforcing the 
law relating to petitions. There seems to he no good rea- 
son why parties desiring legislation should be allowed to 
set at naught a positive statute, requiring early notice of 
their intention. Nor is there any reason why parties, hav- 
ing given legal notice, should be permitted to withhold 
their petitions for a long period, while the Legislature is in 
session. Indeed, there is cause for suspecting a bad motive 
for such delay. It is intimated, that it sometimes results 
from a wish to obtain undue influence before presenting a 
petition. Certainly it is unwise to notify the public that 
they may defy the law, and protract the session, b}-^ hold- 
ing back their business. 

The expenses of the judiciarv department have increased 
heavily. In 1860 they were 8149.000: in 1877, 8317,000. 
This is due to the multiplication of courts, and to the in- 
crease of salaries. 

The opinion of our best jurists has been, that tlie pro- 
vision of the Constitution, securing permanent salaries to 
the justices of the Supreme Judicial Court, forbids a re- 



Governor's Address. • 693 

diiction. I accede to this interpretation the more readily, 
believing that the dignity of the court, no less than the 
ability, learning, and labor expected of its membeis, re- 
quires a proportionate compensation. No such restriction 
on legislative power applies to the other courts, or to any 
other officers of the courts. It is a question for the Legis- 
lature to consider, whether these judges and officers should 
not share in the general reduction, made necessary by the 
depression of business, and easier to bear by the fall in 
prices. 

The large items of expenditure for police, municipal, 
and district courts, will henceforth disappear from the 
Auditor's Report, because these expenses are now borne 
by the counties. But this does not relieve the people from 
the burden, which I believe to be excessive, and needing a 
legislative remedy, especially as the counties have no rep- 
resentative assembly to speak for them ; which makes it 
easy for abuses to continue in county expenses without 
attracting attention. I believe some of these courts un- 
necessary, and others needlessly expensive. I do not doubt 
that distance makes justice costly, and that the cost and 
inconvenience often cause justice to fail, and crime to go 
unpunished. It is alleged that the municipal courts in 
Suffolk County are needlessly multiplied, and extrava- 
gantly expensive ; and that the general convenience and 
interest, both of suitors and of the public, would be pro- 
moted by a more economical re-organization. The system, 
in my judgment, should be revised at once, and energetic 
measures be taken at the same time to reduce the consid- 
erable expenses of our counties, and establish a rigorous 
responsibility. 

The whole matter of the costs of litigation and of fees 
exacted has been neglected too long : it is an indirect tax 
upon the people, of which they should be relieved as far 
and as soon as possible. 

It has been suggested, that much expense might be 
saved, and relief afforded to the justices of the Supreme 
Court, by allowing questions of law to be finally decided 
in the Superior Court, when the amount involved is 
small, and no title to real estate is involved. In such 
case the Superior Court should have the power to send 
such cases to the higher court, when, in their opinion, 
the question of law is important. This seems worthy of 
consideration. 

The apparent cost of the executive department for 
1878 is $1,297,000, which, by repayments and reimburse- 



694 Governor's Address. 

raents, will be reduced to about 81,100,000. This includes 
all payments on account of the Governor and Council, the 
departments of state, the seveial commissions and bureaus, 
and the maintenance of the prisons and other public insti- 
tutions. I shall presently indicate the changes, which, in 
my judgment, will conduce to a safe economy ; but the mat- 
ter of revision of salaries, with a view to such just reduction 
as will correspond to the times, is in your hands exclusively, 
and requires the most careful scrutiny. I desire to say, in 
the interest of all the people, that, for the transaction of 
its business, the State should have as good service as is 
secured by corporations and individuals ; that its work 
should be performed with intelligence and precision ; and 
that the compensation should be proportioned to the 
ability and exertion required, which have a well-known 
and generally accepted value. The interests at stake are 
too weighty to be intrusted to cheap and ill-paid labor ; 
and tiie State cannot afford to lose the services of some of 
its oldest and most faithful officers. 

I trust that this revision of salaries will receive your 
earliest attention, through the medium, should you judge 
it best, of special committees ; and that, while temporary 
provision is made for the immediate needs of the depart- 
ments, no final appropriations for the year will be voted 
till the question is definitely settled. 

The exceptional expenditures are 82,260,000. They 
include, among other items, the interest on the debt, the 
outlay for public enterprises, and the large amount paid 
out for the relief of soldiers and sailors. The first con- 
cerns the honor of the State, and will decrease only as 
the debt is paid. The second you will doubtless speedily 
terminate. The last, which has now reached the enor- 
mous sum of 875,000 per month, or 8900,000 per annum, 
will attract your attention at once. Of this amount 
about 831,000 per month is disbursed under chap. 192 
of the Acts of 1877, and 844,000 per month under chap. 
282 of the Acts of 1878. The effect of the latter act is 
to discriminate most unjustly against the wounded, muti- 
lated, and otherwise disabled soldiers and sailors of the 
Union, and in favor of those who have become " poor and 
indigent" from no disability' acquired in the service. The 
former are limited to State aid not exceeding six dollars 
per month, while the latter claim full support, and are 
actually receiving, in hundreds of cases, four times as 
much as their crippled comrades. I believe that all fair 
and reasonable provision should be made for the needy 



Governor's Address. 695 

survivors of the war, who cannot maintain themselves. 
But tiie objectionable features of the statute of 1878, so 
thoroughly condemned by the according voice of the local 
authorities, should be removed at once. Upon the action 
taken by you in these measures of relief, depends materi- 
ally, as I learn from the Auditor of Accounts, the ques- 
tion of State taxation for ensuing years. 

After a careful review of our finances, I am led to base 
on present estimates my conclusion that a State tax of 
1500,000 will suffice for the wants of 1879. But with a 
just reduction in salaries and current expenses, a firm re- 
fusal of all subsidies, the limitation of direct grants to the 
lowest possible sum, and especially a shortened session, the 
tax may be reduced to its amount in 1861, — the smallest 
for eighteen years, — 1300,000. 

CHARITIES AND REFORMS. 

So much has been written and spoken about the chari- 
ties, so diverse have been the opinions, and so bitter the 
controversies, that I have felt much embarrassment in 
approaching this topic. But after careful inquiry and 
much reflection I have reached conclusions which seem to 
me practicable. They result from the impressions and 
convictions naturally attending a view of the subject from 
a business stand-point ; and though they may be imperfect, 
the}^ are at least sincere, and mainly in harmony with the 
recorded opinions of the Board of State Charities. 

Let me say first that it is quite time that the bickerings 
and jealousies in this department should cease. The State 
expects of every officer not only loyalty to duty, but cor- 
dial co-operation with his associates. Friction not only 
reduces the production, but finally ruins the machine. 
There must be complete system, subordination, and disci- 
pline, throughout the department. There must be some- 
where a right to control, involving the duty to obey. 

In thus speaking, I mean no reflection on the Board, 
whose unpaid services for many years have contributed so 
largely to the good repute of Massachusetts, and to a bet- 
ter knowledge of the methods of dealing with the depend- 
ent classes ; nor on its faithful officers, who, working at 
great disadvantage, have saved the State large sums of 
money, and show a record comparing most favorably, with 
one or two exceptions, both in the number of dependants 
and the cost of the work, with the figures of twenty years 
ago. But even they must know that the cumbrous and 



696 Governor's Address. 

old-fashioned machinery, which has hindered them so long, 
should give way to newer and more effective contrivances. 
The parts are too many, too clumsy, and too costly to run. 
There must be more simplicity and compactness : therefore 
we must have consolidation. Economy demands it ; effi- 
ciency requires it ; it is essential to harmony, and there- 
fore to success. But I need not argue the case : the 
change is needed. The Bioard approves of it ; its officers 
admit it ; the public expects it: then let it come. But let 
it be made with all wisdom and caution, and with due 
regard to the advice and warnings of practical men, lest 
the remedy prove worse than the disease. 

In any attempt to reduce our charitable expenses, the 
objective point is the source of the outlay. This is the 
presence of public dependants legally chargeable to the 
8tate. Two methods of relief occur to me. The first 
follows the earnest recommendation of Gov. Andrew to 
extend the laws of settlement, so as to distribute equitably 
among the towns, and leave to municipal management, the 
larger portion of this class ; the second, to revise the laws 
in relation to the removal of strangers. The remainder 
would be so small as to require little State machinery or 
expense for their control and maintenance. 

The Legislature can reduce, if it sees fit, the direct 
grants made to sundry institutions ; and it alone can lessen 
the rate of board of lunatics. As the three old hospitals 
are more than self-supporting, and as the State has fur- 
nished their building and most of their land and equip- 
ment, I recommend that this rate be reduced to three 
dollars per week. 

This will relieve the State of the payment of at least 
$18,000 per annum, and the towns of about $25,000 more. 
In any case, however, it will be necessary to make a 
special appropriation for the current expenses of the 
Danvers JAinatic Hospital, which will more than offset 
any saving to the State treasury that may be effected in 
the other hospitals. 

Many excellent citizens have long felt great uneasiness 
on account of the alleged facilities for committing and 
detaining sane persons in lunatic hospitals for illegal pur- 
poses. This feeling finds expression in an urgent and 
persistent call for a Commission on Lunacy. While I do 
not altogether share their fears, especially as to our public 
hospitals under" their present management, it is certainly 
wise to make sure of sufficient safeguards. As the un- 
sound mind so constantly results from or accompanies an 



Governor's Address. 697 

unsound body, lunac}'', as a public question, has a close 
connection with the subject of the public health. But, 
again, the discussion of the public health can hardly be 
separated from the condition of poverty, where sanitary- 
neglect is always breeding epidemic disease, which, in turn, 
must be cared for by public charity. 

The close relation of these three subjects, of such vital 
importance, has suggested to me the expediency of com- 
mitting them to a common Board, strong in intelligence, 
experience, and scientific acquirements. I cannot help 
thinking that the constant investigation and comparison of 
the three subjects together will lead to more accurate and 
satisfactory results ; and I am very confident that we can 
do the State no better or more practical service than to 
secure for its crowded institutions, for its outside sick, and 
its victims of contagious disease, the inspection and advice 
of the expert members of a competent Board of Health. 
In this way we can dispense with one existing Board, and 
avoid any supposed necessity of creating a Commission on 
Lunacy. 

I therefore recommend the abolition of the Board of 
State Charities, with all its bureaus, and of the Board of 
Health ; and the creation, in place thereof, of a State 
Board of Health, Lunacy, and Charity, which shall possess 
all the powers and perform all the functions of the discon- 
tinued Boards, with such added duties as the Legislature 
may designate. Included among these should be the spe- 
cial oversight of lunatics, both in regard to their treatment 
and the legality and propriety of their detention. We 
should thus have all the advantages which could possibly 
be derived from a Commission on Lunacy, without creat- 
ing a new Board, or incurring any additional expense. 

The proposed Board should have full control of all mat- * 

ters relating to charity and reform, save that, in cases of 
serious difference with the management of the institu- 
tions, an appeal might lie to the Governor and Council, 
and the Legislature. It should assign its own work, select 
its own officers, and fix their compensation within the 
limits of the yearly appropriations. It should make but 
a single annual report, brief, compact, and free from 
repetitions of facts, or duplication of statistics. No officer 
or employ^ should be a member of the Board, unless it 
should be deemed best to make its chairman its executive 
officer, with a salary fixed by the Legislature sufficient to 
secure the services of an able and thoroughly competent 
man. 



698 Governor's Address. 

Such a Board, constituted without reference to sect, 
party, or sex, and kept free from all political affiliations, 
would, in my judgment, establish and maintain system 
and subordination throughout its jurisdiction, and secure 
and retain the respect and confidence of the people. Its 
administration would be free from all complexity ; and the 
consolidation should save at least -^10,000 annually. 

The trustees of the several lunatic hospitals are cor- 
porations holding in trust public property, and, in some 
cases, funds derived from bequests or otherwise. Many 
of their inmates are private patients, paying a sufficient 
and sometimes a liberal rate of board ; and their friends 
feel that they are entitled to consideration in the super- 
vision. Furthermore, a strong disinclination to a cliange 
has been manifested by the people. Hence I recommend 
that their management remain as heretofore. I advise 
also, that the State Almshouse and State Workhouse be 
left under the care of Boards of Inspectors, the salaries to 
cease, but reasonable travelling expenses to be allowed. 
There is a great discrepancy in the number of the mem- 
bers of the Supervising Boards of the institutions of 
reform at Lancaster, Westborough, and Monson ; the first- 
named having ten trustees, the second seven, while three 
inspectors suffice for the last. These numbers might be 
reduced and equalized with advantage. The importance 
of rescuing the young children at Monson from pauperism 
by placing them in judiciously selected families cannot 
be over estimated : it removes them from an exceptional 
class, and puts them in the way to become useful and 
productive citizens. I trust that more vigorous efforts 
may be made in this direction ; and that if means are 
lacking, or unusual obstacles exist, the one may be sup- 
plied, and the other removed, by proper legislation. The 
propriety of female supervision over institutions contain- 
ing so many of their own sex, and particularly young 
chikb'en, has long been conceded. But, should the policy 
I have suggested be adopted, tlie presence of women on 
the central Board will obviate the necessity of the " Ad- 
visory Board of Women," which should in that case be 
abolished. The appointment of the several superintend- 
ents, except of the lunatic hospitals, should be vested in 
the Governor and Council ; but their salaries should be 
fixed by the J^egislature. All minor appointments, with 
the compensation therefor, may safely be left to the local 
Boards. 



Governor's Address. 699 



THE STATE PRISON. 



The new prison was opened for occupation in May, 1878, 
and soon incurred the loss by fire of a large portion of its 
workshops. This, with other outlays required to complete 
or equip, will swell its cost to $1,050,000. Deeming the 
original plans defective, I refused them my official sanc- 
tion in 1874, and then, as now, believed the project un- 
called for, and the removal from Charlestown not only a 
costly experiment, but a grave and dangerous mistake. 
But, on the whole, I consider the prison strongly built; 
and, if a location were to be chosen away from Charles- 
town, its site seems as eligible as any other proposed. 

I commend to your most careful consideration the finan- 
cial methods adopted at the prison. It seems to me highly 
important that all receipts of money, from whatever source, 
should be paid into the treasury at stated and frequent 
periods ; and that, aside from current expenses, no outlay 
be permitted, except from appropriations specifically made. 
Any other course can only lead to extravagance, and be a 
temptation to misappropriation. I advise, further, that 
all contracts for the labor of convicts shall be invalid 
without approval by the Governor and Council. 

An appropriation of $40,000 is recommended by the 
inspectors for procuring water from Nagog Pond, four 
miles away ; which I am informed by the warden is re- 
quired only in case of fire. No necessity exists for this 
step. There is a constant and plentiful supply of water 
from the river near by. And, further, there is no certainty 
that the necessary outlay could be limited to the sum 
suggested, as the damages claimed by mill-owners would 
be uncertain. For these and other reasons I entirely 
dissent from the proposition. There is certainly danger 
of fire, especially as much of the work done in the main 
workshop is unusually hazardous. But applying the same 
rules as would govern my private business, I should re- 
move this work to smaller and separate buildings, and put 
in an additional force-pump with suitable fire-apparatus. 

In my judgment the shops are inadequate for the num- 
ber of men employed, and the steam-power will soon be 
insufficient. The convicts being employed on wages 
ranging from forty to fifty cents a day only, the prison 
necessarily fails to be self-supporting ; and I regret exceed- 
ingly the large deficiency thus entailed on the treasury. 



700 Governor's Address. 



THE REFORMATORY PRISON FOR WOMEN. 

The Woman's Prison at Sherborn has now been occupied 
for more than a year, and for much of that time has been 
unexpectedly crowded with inmates. Its managers have 
been unable to classify the inmates as thoroughly, or to 
employ them as constantly and profitably, as they hope 
to do hereafter. It must be regarded as an experiment in 
the right direction, needing time, patience, and prudence 
for its complete success. 

At present it is under the direction of the Prison Com- 
mission, consisting of four members, aided by an Advisory 
Board of three women. This Board employs a secretary 
and two clerks, at the annual cost of about $3,500. An 
agent for discharged prisoners is also employed by the 
State, at a cost for salary and expenses of something less 
than $3,500. It has been suggested that tlie Prison Com- 
mission, the Advisory Board of Women, the Board of 
Inspectors of the State Prison, and the Agency for dis- 
charged convicts as a separate bureau, be abolished, and 
a single Board substituted for the four Boards and bureaus 
above named; that this Board should consist of five mem- 
bers, two of whom should be women, and should have the 
direct supervision and control of the two prisons, the 
general oversight of the jails and houses of correction as 
exercised by the present Commission, and the care of dis- 
charged convicts, under the present methods if none better 
can be devised. It is claimed, with apparent reason, that 
this arrangement will be more economical : it will certainly 
be more efficient. It will simplify what is now confused, 
and will consolidate a divided responsibilit3^ It is also 
alleged that under this plan the two prisons would be 
brought into such mutual relations as would make the 
industry of each available to the other, and reduce the 
cost of both. For instance, the labor of the women at 
Sherborn, who are now largely unemployed from the diffi- 
culty of procuring suitable work, might be utilized in 
making and caring for the clothing and bedding required 
at Concord; while the male convicts, in return, might 
manufacture the shoes and sundry other articles neeiled 
for the Woman's Prison. As this plan will reduce four 
Boards to one, the number of officials from eleven to five, 
do away with the salary of the inspectors, and dispense, 
under a consolidated Board, with several paid officers now 
in the service of the individual Boards, I commend it to 
vour careful examination. 



Governor's Address. 701 



THE STATE DETECTIVE FORCE. 

The continuance of a special force for the detection of 
crime, at the expense of the State, I deem neither advan- 
tageous nor desirable. This duty should be performed by 
local officers, under the direction and pay of local authori- 
ties. Should these prove unequal to any emergency, the 
skill and experience of private detectives can readily be 
secured. It is impolitic to the last degree to lessen local 
interest in the safety of life and property by usurping the 
functions of local officers under the sanction of a higher 
authority than the county or the town. 

Without detracting from the personal merits of its 
members, I must declare my conviction that the present 
force, being too numerous for a detective body and too 
limited for a constabulary, is unsuited to its avowed pur- 
pose, and useless for any other. The Executive does not 
need it. The people have little knowledge of its opera- 
tions, and no desire for its retention. It has failed to abate 
the tramp nuisance ; and its results seem entirely incom- 
mensurate with its considerable cost. I therefore racom- 
mend its complete abolition at an early day. 

The duty of the inspection of factories and public 
buildings, now required by law, can properly be transferred 
to the Bureau of Statistics, with the assurance of its in- 
telligent and judicious discharge. To the same hands 
might be intrusted the execution of the laws in regard to 
the hours of labor, and the education of children working 
in factories, — a matter so important to emploj^ers and 
employed aS' to require its commitment to an authority 
which will command implicit confidence and respect. 

SAVINGS BANKS. 

The total amount of deposits in the savings banks (in- 
cluding those in the hands of receivers) at the close of 
business, Oct. 31, 1878, was 1217,115,751.03. 

The decrease for the fiscal year was $27,480,863.15. 

The number of depositors was 659,992 ; being 79,767 
less than at the same date the previous year. This is the 
first year since 1865 in which there has been a decrease 
both in the total of deposits and in the number of depos- 
itors. 

The passage of the " Act for the Better Protection of 
Depositors in Savings Banks " (ch. 73, Acts of 1878) was 
deemed at the time to be of doubtful expediency. Its 



702 Gover>'or's Address. 

provisions have been applied thus far to twenty-one insti- 
tutions, but the commissioners deem the time of its opera- 
tion too brief as yet to form any opinion as to its effects. 
The expediency of repealing the act at present would seem 
to be at least as doubtful as that of its passage. 

As a rule, the savings banks are working clear of the 
embarrassments caused by the depreciation of their securi- 
ties ; and their depositors seem to have made up their 
minds to accept a low rate of interest. It is hoped that 
the crisis has passed, and that with the return of business 
prosperity the banks will soon recover the strong position 
they occupied before the period of inflation. 

TAXATION. 

While the burden of taxation is felt so heavily through- 
out the State, it is a relief to know that the tide has 
turned, and that the amount of the municipal tax levy is 
steadily and materially decreasing. 

That amount for the last five years has been as follows : 

1874 §28,700,605 

1875 27,712,7(30 

1876 24,778,803 

1877 2:3,910,939 

1878 21,761,637 

Showing a reduction for the whole period of $6,938,968, 
and for the past year of '$2,145,302. The maximum of 
taxation was reached in 1874, and the decrease since is 
more than one-fourth of the levy for that year. During 
the same period the State tax has been reduced from 
$2,000,000 in 1874 to $1,000,000 in 1878. Meanwhile, the 
aggregate net debt of the municipalities has considerably 
decreased, and effective provision has commenced fur the 
extinction of the debt which existed in 1875. 

Notwithstanding this, the pressure of taxation is se- 
verely felt by all classes of property holders ; and attention 
has been directed to the existing system, and especially to 
the basis of valuation for imposing taxes. There are 
instances of injustice in this system, especially in the 
method of taxing property subject to mortgage, which in 
my judgment deserve and require the careful and consid- 
erate attention of the Legislature. While all classes feel 
the weight to be severe, it will be borne patiently now, as 
other and greater burdens have been borne in the j>ust, if 
it is felt to press equally on all. 

The result of the examination of our system four years 



Governor's Address. 703 

since by a commission of intelligent and competent gentle- 
men, and the judgment of two successive Legislatures, 
appear to have been that the admitted inequality of the 
present system would be exaggerated by any change which 
has yet been proposed. It seems to me quite clear that 
any relief afforded should directly benefit the owner of 
the encumbered property, rather than the holder of the 
loan. 

Intimately connected with this question is the taxation 
of savings banks. By the last annual report, these insti- 
tutions held mortgages on real estate to the amount of 
$116,241,038. Should it be deemed wise to assess the 
mortgagee to the extent of the value of his interest in the 
mortgaged property, in the place where the estate is situ- 
ated, the burden upon these institutions would be so great 
as to require a very large reduction of the present savings 
bank tax, from which the State now derives a revenue of 
more than a million and a half of dollars. 

Should the mortgagor be taxed in the place where the 
property is situated only for the value of his interest in it, 
and the mortgagee taxed in the place of his domicile for 
the value of his interest, as personal property is now taxed, 
it will impose a most grievous burden upon places having 
a large number of encumbered estates. 

It will be the duty of the Legislature, in seeking a rem- 
edy for the apparent inequality in our system of taxation, 
to examine the subject carefully in all its bearings, that 
the wisest possible results may be attained. And in this 
connection it must be remembered that the institutions for 
savings are seeking a reduction of taxation to one-half of 
one per cent. This reduction would involve an increase 
in the State tax of more than $500,000. When it is un- 
•derstood that the average rate throughout the State is 
more than $12 per thousand, it may well be asked if these 
institutions cannot more easily pay $7.50 per thousand, 
than to put that additional burden on property already 
groaning under taxation. 

This subject is one of confessed difficulty ; and I shall 
deem it a fortunate consummation, should you be able to 
remove what is felt by many to be an injustice, by the 
adoption of any practicable means of relief for one class 
which shall not impose an undue weight upon another. It 
must be remembered, on the other hand, that, in complex 
systems of taxation, no radical changes can be suddenly 
adopted without working much temporary hardship and 
even injustice, and that such changes, to be permanent, 
must be gradual. 



704 Governor's Address. 



EDUCATION. 

On this topic, so near to the hearts of the people of 
Massachusetts, the elaborate statements of my predeces- 
sors, and the voluminous reports of the Board of Educa- 
tion, have left me nothing new to say. We admit edu- 
cation to be the foundation of our civilization. We 
recognize intelligent labor, in all callings, as the unfailing 
source of national prosperity. It is, then, at once the in- 
terest and the imperative duty of the State to secure to 
every inhabitant such instruction as will develop his capaci- 
ty as a producer of values, and best qualify him to dis- 
charge his obligations to government. 
■ The rush to cities, in the haste to be rich, causes an 
aggregation of poverty and ignorance, directly inducing 
vice and crime. Hence the risk of an ignorant and venal 
ballot, endangering the stabilit}" of free institutions. The 
generous appropriations of the cities and larger towns open 
to all who can spare the time an equal opportunity for a 
higher culture or a special training ; but they hardly 
reach this class of the population which is constantly 
changing, and, in the struggle to provide for the body, has 
neither time nor inclination to improve the mind, and 
which comes at last to regard those who have passed them 
in the race with suspicion and distrust. Com})ulsory edu- 
cation, thoroughly enforced, may do something to mitigate 
this evil ; but the natural and sufficient offset is a large 
and intelligent rural population. Herein, it seems to me, 
lie our safety and our hopes for the future. Therefore it 
is that I hold fast by the common schools, and, while 
friendly to every proper means of advancing knowledge, 
believe that the money of the State should be used mainly 
to insure their worth and efficiency. We thus secure to 
our children throughout the country towns sure advan- 
tages sufficient for the needs of every-day life, though the 
exigencies of that life may forbid them to advance farther. 
While the State owes to all the best it can provide, the 
many must be served fairly before the few receive their 
more liberal share. The thoughtful citizen will hesitate 
long before he consents to lower the standard of knowl- 
edge among the masses, that the attainments of a few may 
add to our scientific repute. He will hold the safeguards 
of civil liberty of more account than stores of special learn- 
ing. Therefore, so long as there are rural towns in INlassa- 
chusetts which have to impose a tax of five to seven dol- 
lars on the thousand to maintain very indifferent common 



Governor's Address. 705 

schools for only one-half the year, I cannot regard with 
favor any large diversion from our school-fund for special 
education. 

In common with the other departments of the State, it 
seems to me that the methods and the expenditures of the 
Board of Education should be thoroughly examined, to 
the end that every dollar of the income of the school-fund 
may tell to the utmost for the advantage of our children. 

agriculture. 

As the main source of national wealth, agriculture 
should be carefully fostered by the State, as well as the 
general government. It is man's natural calling. Its accu- 
mulations, though slow, are certain, under reasonable man- 
agement. It tends to health, good morals, and obedience 
to law ; and, in a strictl}^ farming community, crime and 
pauperism, originating on the spot, are of rare occurrence. 

For many years our Legislature has made liberal appro- 
priations to promote it ; and the crowded festivals of the 
farmers would seem to indicate a general and lively inter- 
est. But in spite of legislative effort, and the apparent 
concern of the people, agriculture, properl}^ so called, seems 
to be declining in the Commonwealth. The young people 
are attracted elsewhere. Farms are deserted. The popu- 
lation and valuation of most of the farming towns are 
steadily decreasing. I say this with great regret : but the 
United States census of 1870 and our own of 1875 make 
it only too apparent. 

It seems incredible, that with land and buildings so 
cheap, a market so near, the conveniences of life, with 
churches, schools, and physicians, so accessible, and prices 
of produce comparatively so high, any New England 
farmer should exchange his position for the privations, the 
severe toil, and numerous risks of a frontier life ; but the 
facts are undeniable. I am informed that for some years 
the Board of Agriculture has exerted itself to check this 
tendency, with some degree of success. But I would 
recommend an earnest and thorough investigation of this 
subject by the proper committee, and trust that means 
will be found by which the considerable appropriation of 
the Board may be made available for checking yet further 
this process of depletion. I shall be happy to co-operate 
in measures tending to this end, and to promote in every 
suitable way the true interests of the practical farmer. 



T06 



Governor's Address. 



HOOSAC TUNNEL AND TROY AND GREENFIELD RAILROAD. 

The Manager's Report of the Troy and Greenfield Rail- 
road shows a considerable increase in its business and 
receipts for the year ending Sept. 30, 1878. 

It appears that the total earnings, under the existing 
pro rata arrangement, were |'301,662.72, of which 33^ per 
cent., or 8100,554.24, were deducted by the connecting 
roads for operating expenses, leaving 8201,108.48 as gross 
income to the State. From this the further sum of 
880,428.34 was paid for repairs, wages, salaries, and other 
expenses ; leaving 8120,680.14, or 40 per cent, of gross 
earnings, to be paid into the treasury as net income for 
the year. 

The amount of freight transported was about double 
that of the previous year ; but the extremely low rates 
obtained, and the somewhat onerous conditions of the con- 
tract with connecting roads, have prevented a proportion- 
ate increase of income. 

The prospective increase of business, both from the 
through connections already established, and those nearly 
completed, is very gratifying, and warrants the confidence 
that this line will soon occupy its deserved place among 
the great avenues connecting the seaboard with the staple- 
producing interior of the continent. It is not probable, 
however, that even a large increase of business will bring 
any considerable income into the treasury of the Common- 
wealth at present ; for though the tunnel was declared 
completed by order of the Executive Council, June 30, 
1876, much and expensive work is needed, according to 
the report of its manager, to make it in all respects fit and 
safe for the transaction of the business which we may 
reasonably expect will soon be offered. 

The items of immediate necessity presented by him are 
as follows : — 



For arching at the central shaft 

arching between stations 2,020 and 

2,055, 35 feet . 
dealing loose rock and rubbish . 
niches for cars and manlioles 
double track in tunnel 

For rebuilding Deweyville bridge 

sidings 

sidings and gravel-pits, land, etc. 
100 tons of steel rails 
• station at Cliarlemont 



Grand total . 



$27,077 50 

6,100 00 

•2.700 00 

6,000 00 

41,225 00 

825,000 00 

20,000 00 

12.000 00 

4,500 00 

1,500 00 



$84,362 50 



863,000 00 
8147,362 50 



Governor's Address. 707 

It will be for you, gentlemen, to decide what and how 
much of this work shall be undertaken the present year ; 
but I respectfully suggest that the amount be limited to 
the needs of absolute safety till connecting roads shall 
bring their own lines up to equal efficiency and equip- 
ment ; that our own improvements shall progress so far 
and so fast only as they shall maintain that equality, and 
at all events no faster than they can be paid for from the 
current income of the road, without a call for any addi- 
tional appropriation. 

I feel it my duty to say that I do not approve of the' 
present system of managing this property. I indorse the 
opinion expressed on several occasions by my predecessor, 
that the " management of a railroad enterprise by the 
Governor and Council is not in accordance either with 
the best interests of the property, nor with the proper 
functions of the executive department of the govern- 
ment." 

However the method may have answered during the 
completion of the tunnel and railroad, and their prepara- 
tion for business (and I have the same eminent and expe- 
rienced authority for the opinion that it was far from satis- 
factory even then), I am certain it will be utterly inade- 
quate to deal with the diversity of interests and the 
complicated questions constantly arising hereafter from 
the new connections and the increasing traffic. 

This railroad should be managed as if it belonged to a 
private corporation, by persons specially chosen for fitness 
and experience. They should possess character and respon- 
sibilitj^ entitling them to the confidence of the community. 
Their tenure of office should be sufficiently firm to enable 
them to develop fully such plans as they may devise for 
the benefit of the road. The body now having it in 
charge has not been chosen for this purpose ; it is subject 
to annual changes ; and above all, amid the great variety 
of its duties, has insufficient time to give this great matter 
the careful attention it demands. 

It is not in this way that those great corporations with 
which the State must compete in the keenest of rivalries 
manage their affairs. The interest of the Commonwealth 
in this enterprise (upwards of $18,000,000) is too weighty 
to allow of any experiments in management or otherwise, 
or of any policy except such as the experience of other 
roads has proved most economical and effective. In my 
opinion the Commonwealth will never reap any thing ap- 
proaching an adequate return for its enormous investment 



708 Governor's Address. 

until this road, totally divorced from the public treasury, 
takes its place, with all the weight and influence belonging 
to its capital and position, in a strong, wealthy, energetic, 
through line, consolidated if need be, to the Mississippi 
River or the Sierra Nevada. Only then will the tunnel 
be able to justify its existence, and secure its share of the 
profit to be earned by railroads under the necessity now 
common to all, — namely, the necessity of doing the 
largest amount of business possible, with the most ap- 
proved outfit, and at the lowest possible rates. 

Upon inquiry, I find a lack of business method in the 
immediate financial management of the line. A pcjrtion 
of the outlay for improvements is paid by legislative ap- 
propriation from its earnings, and the remainder from 
specific appropriations from the treasury. In my judg- 
ment the total of net earnings should be paid into the 
treasur}'- at stated and frequent periods ; and all expen- 
ditures, sanctioned by the proper authorities, should be 
defrayed from a special appropriation for that purpose. 

I commend this, by far the largest pecuniary interest of 
the State, to your earnest and tlujughtful attention. 

THE MILITIA. 

The volunteer militia of the Commonwealth was re- 
organized in December, 1878, by order of the commander- 
in-chief. It is represented to me as being in a high state 
of efficiency as regards equipment, subordination, and 
discipline. I am pleased to learn from most competent 
judges that the conduct and appearance of the enlisted 
men in camp and on parade were such as to command 
general approval and respect, and to merit the thanks of 
the commander-in-chief. 

The force as re-organized includes 330 commissioned 
ofiicers, and 4,436 enlisted men ; making the aggregate of 
both 4,766. It consists of sixty companies of. infantry, 
three companies of cavalry, and three batteries of artil- 
lery, arranged into two brigades of infantry containing 
six regiments, one battalion each of cavalry and artillery, 
with one unattached company of cavalry and battery of 
artillery. 

The expenses of the whole military department for 1878 
were about $151,000. But $8,200 of this cannot justly 
be charged to the current expenses of the volunteer militia; 
as about $6,000 was paid on account of matters growing 
out of the Rebellion, and $2,200 for repairs to buildings, 



Governor's Address. 709 

for fences, and a soldiers' burial-lot at Dedliam. The 
sum expended for the maintenance of the force for 1878, 
in current expenses only, appears, then, to he about 
$143,000 ; of which -f 26,500 was paid for salaries, and over 
f 8,000 was charged to incidental expenses. It seems to me 
that this large executive expenditure might be curtailed, 
without impairing the efficiency of the force. I would 
also suggest that the cities and towns where the several 
armories are located should share with the State the cost 
of their rent, which for the last year amounted to $32,000. 
In case of local disorder, the military are at their immedi- 
ate service ; and it is only just that they should make an 
equitable return for this advantage. 

It would be a further safeguard, were it provided by 
law that all important purchases on military account 
should be ordered, after due investigation, by the Gov- 
ernor and Council, by whom all bills therefor should be 
approved before payment. 

The time has arrived when the bureau of the Surgeon- 
General can safely be abolished. To the propriety of 
this course I understand the present incumbent of the 
office to accede, whenever it shall be deemed expedient 
by the commander-in-chief. Assigned early in the war 
of the Rebellion by the late Gov. Andrew to new and 
most responsible duties, he discharged them with signal 
ability and fidelity, and since the advent of peace has 
devoted himself with equal zeal to the needs of the sur- 
viving soldiers. Should the Legislature concur in my 
recommendation, he will bear with him in his retirement 
from this special charge the gratitude of thousands whom 
he has aided, the thanks of the executive, and the good 
will of the people of Massachusetts. It is due to his 
past services that he be retained upon the staff with his 
present rank, and with the customary pay when upon 
active dut3^ The duties of the bureau should be trans- 
ferred to the departments of the Auditor and the Adju- 
tant-General. 

THE HARBOR AND LAND COMMISSIONERS. 

The main work of the Harbor Commissioners during 
the past year has been the re-survey of the harbor of 
Boston, to delineate its boundaries, and make comparisons 
with old surveys, that shoalings, if any, may be dis- 
covered, and encroachments by abutters be ascertained. 
It happily appears that the channels in this harbor are in 



710 Governor's Address. 

good condition, no damaging changes having occurred. 
This Board is doing good service in establishing a system 
of harbor lines and of granting licenses. 

They have completed their work of survey ; and there 
remains the office-duty of arranging and compiling the 
field-notes, — putting the results in proper form for future 
reference. When these are finished, I shall hope for a 
large reduction in the expenses of the office, which for 
the last year have slightly exceeded 811,000. 

The consolidated body known as the Land Commis- 
sioners has charge of the Commonwealth's interest in the 
Back-bay lands, the Charles-river basin, and the South 
Boston fla'ts. As to the first, their position is still one of 
expectancy. No sales have been made during the year, 
and 400,000 superficial feet of land still remain unsold. 
No action has been taken in regard to the flats in the 
basin, the Park Commissioners of Boston not being ready 
to proceed with their work. 

The tardy return of business prosperity still delays the 
utilization of the South Boston flats ; though a lease has 
been negfotiated with the New York and New Encfland 
Railroad of above twenty-five acres, for one year, at -foOO 
per month. This lease requires the construction by the 
State of platforms, &c., involving a cost of $50,000. Any 
further expenditure of magnitude, in advance of business 
demands, would seem to me at present uncalled for and 
unwarrantable. The time will doubtless arrive when the 
needs of commerce will greatly enhance the value of this 
property, and any further improvements may w^ell be 
postponed till then. 

The controversy with the Boston and Albany Railroad 
still remains unsettled, but I see no reason why this and 
all other disputed questions should not be adjusted at an 
early day. 

As the work of the Harbor Commissioners has so much 
decreased, and that of the Laud Commissioners is not 
very onerous, it would seem that the policy of consoli- 
dation, so successfully tried in 1877, might be now re- 
peated with advantage. I therefore recommend the aboli- 
tion of both Boards, and the creation of a new one, to 
assume the duties of the two, and to be known as the 
Land and Harbor Commissioners. 

CLAIMS AGAINST THE STATE. 

This is an increasing source of annoyance and delay in 



Governor's Address. 711 

legislation, and some means should be devised to relieve 
the General Court of questions that should properly be 
settled elsewhere. 

A defect seems to exist in the judicial system of the 
State, inasmuch as no way is provided for proving any 
claim against the Commonwealth. Parties having such 
claims are therefore compelled to petition the Legislature, 
often with great expense and delay to themselves and 
loss of time to that body, which is not a convenient 
tribunal for the trial of legal questions. No statute of 
limitation bars such applications ; and they may be re- 
peated from year to year, no decision being final unless 
satisfactory to the claimant. It is believed that this sys- 
tem, or want of system, results, on the whole, in wrong to 
the State. 

I would suggest that jurisdiction of claims against the 
Commonwealth be given to the Superior Court, sitting 
without a jury, with the right of appeal or exception for 
either party on questions of law. At the hearing of such 
claims, the Attorney-General should appear in behalf of 
the State. 

Should the petitioner prevail, the Court might issue 
its certificate to the Governor, and he might issue a war- 
rant to be paid for money appropriated to satisfy claims. 
Such suits or petitions should be barred by the general 
statute of limitations, or by special statute applicable to 
claims on the State. Perhaps some better plan may be 
devised ; but the foregoing seems to me more simple, 
sensible, and feasible than any plan thus far suggested. 

{ 

THE TRUSTEE PROCESS. 

Great hardship has arisen from use of the trustee process 
in collecting small debts, especially by the attachment of 
wages. The costs are often excessive and inordinate, and 
the annoyance great ; nor has the evil been wholly cured 
by the statutes restricting this means of collecting debts. 
I would suggest that all wages due for labor be exempt 
from attachment. The probable result of such a law 
would be a tendency to deal for cash, a benefit alike to 
buyer and seller. 

LEGISLATION ON TEMPERANCE. 

The discussion of temperance for two centuries has 
resulted in merely restrictive laws. They have accom- 



712 Governor's Address. 

plished little. The unchecked appetite evades law, and 
mocks its officers. In this and other States dissatisfied 
citizens have sought a remedy in prohibition. This I 
deem a step in the right direction. I have heretofore 
officially expressed my opinions thereon, and I still main- 
tain them. Disdaining evasion or concealment, I add my 
deliberate judgment that any permanent advance must be 
secured by prohibitory enactments. 

But, wherever government is of and by and for the 
people, public opinion controls law. Enactments which 
they permit, but do not approve up to the line of thorough 
enforcement, may be useful as monitory, but are abortive 
as preventives. The majesty of the law commands the 
reverence of the people, only because it is the essence of 
their expressed will. Any legislation, then, on temper- 
ance will disappoint its advocates unless the people demand 
it, and will see to and aid it in its enforcement. 

The course of elections since 1873 has indicated most 
clearly that the people will not intrust the execution of 
restrictive or prohibitory laws to special instrumentalities. 
The local authority will not enforce a statute obnoxious 
to their constituents, in the very places where it is most 
needed. The executive has no means of enforcing any 
such statute. 

In the presence of these embarrassments, I feel that 
this question must be left with representatives fresh from 
the people, who know their opinions and their wishes, and 
who, in the light of this knowledge will act according to 
their judgment and their conscience. 

; 

CONSTITUTIONAL AMENDMENTS. 

There is a growing feeling among the people, that fre- 
quent elections unsettle the public mind by the attendant 
excitement ; that they interfere with business, create de- 
plorable animosities, and occasion a needless waste of 
time and money ; furthermore, that annual legislative ses- 
sions are a heavy draft upon the treasury, and offer by their 
length oppoi'tunities for projects of doubtful utility, which 
are annually pressed by their promoters in the hope of ulti- 
mate success. They tend also to cumber the statute-books 
with crude laws requiring interpretation by the courts, and 
often speed}' amendment or repeal. The people want clear- 
ness and permanance of law. They are annoyed and per- 
plexed at its amount, its obscurity and constant change. 
The same causes binder greatly the officers of the depart- 
ments in discharging their public duties. 



Governor's Address. 713 

In deference to this public sentiment, I recommend that 
the question of biennial State elections, with a legislative 
session in alternate years, be referred to the judgment of 
the people. 

I further recommend that the sessions be limited to one 
hundred days each, and that it be made incompetent by 
the Constitution for any Legislature to fix its own pay ; 
while by the same authority it should be made its duty to 
establish the compensation of the next succeeding. 

The present method of classifying the towns for the 
choice of representatives is not satisfactory. It deprives 
the State of the continued services of many valuable 
members, and returns to each successive House a large 
majority of new and inexperienced men. This retards the 
despatch of business, and tends to defective legislation. 
If, while making the changes above suggested, a way could • 
be found to restore, at least in some degree, the former 
right of town representation, so highly cherished b}^ the 
people, it would restore a long missing element in the 
General Court, to wit, the frequent return by the towns 
of their best citizens, whose local knowledge and experi- 
ence are invaluable in legislation. With a limited biennial 
session, an increase in the number of representatives could 
well be afforded. 

To prevent delay in the public business, I recommend 
that the Governor be authorized to return, without his 
approval, clauses of appropriation bills from which he may 
dissent. 

Our courts of justice, so long a source of pride and sat- 
isfaction to the people, should be protected in their sur- 
roundings from political influences, and remain unaffected 
by the excitement of partisan warfare. To secure this 
end, and to insure the requisite capacity and discretion in 
the administration of justice, I deem it essential that sher- 
iffs and district-attorneys should be appointed by the Gov- 
ernor ; and that all other officers connected with the courts 
should hold their positions by executive or judicial selec- 
tion. 

I deem the foregoing changes so vital to a full compli- 
ance with the people's demand for a simpler and more 
economical administration of public affairs, that I should 
— though deeply regretting the necessity — favor the call- 
ing of a Constitutional Convention, if they can be secured 
in no other way. 

The claims of women to the right of suffrage have too 
firm a basis in natural justice, and too many earnest and 



714 Goternor's Address. 

able advocates, to be thrust lightly aside. It seems only- 
reasonable and fair that these chiims should be laid before 
the people for acceptance or rejection, in the form of a 
constitutional amendment, thus transferring their exam- 
ination and discussion from the Legislature, which can ill 
spare the time, to a wider arena, and remitting them at 
once for decision to the final tribunal. 



Senators and Representatives. 

With such detail as circumstances will allow, I have set 
before you the measure of consolidation of bureaus and 
discontinuance of offices, which I deem to be consistent 
with the proper execution of the laws. The interests of 
the Commonwealth require the severance of ties long 
existing, and the displacing of officers who have deserved 
well of the State. The task is distasteful and even pain- 
ful. But we must not pause in our duty, for the public 
necessity is plain. For the recommendations presented, I 
assume my whole share of the responsibility ; and whether 
you concur in my judgment, or arrive, in your wisdom, at 
other conclusions, it will still be the duty of the Executive 
to scrutinize ever}' branch of the public service, under his 
legal supervision, to see that no superfluous office is re- 
tained, and no needless expenditure incurred. I am well 
aware that the amount from which any saving may thus 
be effected is but a fraction of that intrusted to your ex- 
clusive control : I mean the direct grants of money, and 
the legislative and exce[)tional expenditures. It is there- 
fore that I rely with confidence upon your wisdom and 
zeal to inaugurate such a permanent system of economy as 
will satisfy the reasonable hopes of our common constit- 
uents. ■ 

This duty of economy is not ours alone. To repair the 
waste of war, to recover financial strength, and resume 
our proper place among the nations, is the task of the 
whole people. It rests with us to secure the government 
of Massachusetts upon a safe business basis, and render at 
the close of our official term a satisfactory account of the 
trust confided to us. 

This done, let us hope that with a sound and stable 
currency, reviving trade and commerce, busy workshops, 
and the equal rights of all, civil and political, with one 
consent maintained throughout our bonlers, we shall real- 
ize the full enjoyment of the blessings of liberty in a 
united and prosperous Republic. 



Special Messages. 715 



SPECIAL MESSAGES. 



THE FOLLOWING SPECIAL COMMUNICATIONS WERE MADE BY HIS 

EXCELLENCY THE GOVERNOR, TO THE LEGISLATURE, 

DURING THE ANNUAL SESSION. 

[To the House of Representatives, January 6.] 

I have the honor herewith to transmit for the informa- 
tion of the General Court the Annual Reports for the year 
1878, of the Inspectors of the State Prison ; the Agent 
for aiding Discharged Convicts ; the Trustees of the Lu- 
natic Hospital at Danvers ; the Trustees of the State Re- 
form School ; the Trustees of the Industrial School for 
Girls ; the Trustees of the Lunatic Hospital at Northamp- 
ton ; the Trustees of the Lunatic Hospital at Taunton ; 
the Trustees of the Lunatic Hospital at Worcester ; and 
of the Asylum for the Chronic Insane ; the Inspectors of 
the State Workhouse; the Inspectors of the State Primar}'- 
School ; the Inspectors of the State Almshouse ; the Treas- 
urer and Superintendent of the Massachusetts Employ- 
ment Bureau for Disabled Soldiers. 

[To the Senate, January 7.] 
I have the honor herewith to transmit for the consider- 
ation of the General Court the Report of the Commis- 
sioners of Prisons, under sect. 22 of the Act to establish 
the Reformatory Prison for Women, being for the first 
eleven months of the operation of the prison. 

[To the House of Representatives, January 9.] 

I have the honor herewith to transmit for the use and 
information of the General Court tiie Report of the Com- 
missioners on Inland Fisheries for the year ending Septem- 
ber 30, 1878. 



716 Special Messages. 

[To the Senate, January 9.] 

I have the honor herewith to present to the General 
Court a Report of the pardons oranted l)y the Governor 
and Council during the year 1878, left with nie for trans- 
mission by my predecessor. 

BY HIS EXCELLENCY ALEXANDER H. RICE. 

[To the Senate and House of Representatives, December 31, 1878.] 

In compliance with the provisions of chapter 50 of the 
Resolves of 1860, I have the honor herewith to lay before 
the General Court a Report of the pardons issued by the 
Governor and Council during- the year 1878. Of the sev- 
enty-three convicts thus set at liberty, fourteen were in the 
state prison, fifty in houses of correction, six in jails, two 
in the reformatory prison for women, and one in the house 
of industry at Deer Island. In twenty-one cases sickness 
was the controlling reason for granting the pardon, and in 
eight of these cases it has been ascertained that death took 
place within a few weeks. 

Every pardon granted contained the condition, that if 
the person to whom it was issued should, before the ex- 
piration of his sentence, be convicted of any crime punish- 
able by imprisonment, he would be held to serve out the 
remainder thereof. 

No. 1. J. W. Douglas. Convicted of assault and 
battery : Police Court of Holyoke, Hampden County, 
November 1, 1877. Sentenced to four months in jail. 
Pardon granted January 7, 1878, because the magistrate 
who sentenced him certified that he would have made a 
different disposition of the case had he known some facts 
in relation thereto which have since come to his knowl- 
edge. The prisoner's wife was in delicate health, and the 
family in a pitiable and destitute condition, needing the 
presence and aid of the husband and father. 

No. 2. Charles Taylor. Convicted of breaking 
and entering: Superior Court, Worcester County, January 
24, 1876. Sentenced to two years and four months in 
house of correction. Pardon granted January 24, 1878, 
on account of severe illness of the prisoner, which, the 
prison physician certified, must soon result fatally. He 
had friends who received him, and would care for him 
while he lived. 

No. 3. John O'Kane. Convicted of assault with in- 
tent to kill: Superior Court, Berkshire County, July term, 



Speclu. Messages. 717 

1876. Sentenced to the state prison for three years, Par- 
don granted January 24, 1878, because many prominent 
citizens of Pittsfiekl united with the complainant in asking 
for the pardon, and there was abundant evidence that pub- 
lic sentiment Avas favorable to the exercise of executive 
clemency. The prisoner gave evidence of penitence, and 
the Committee were satisfied that he would hereafter be a 
sober and law-abiding citizen. Employment was given 
him immediately upon his release. 

No. 4. John Squire. Convicted of adultery : Supe- 
rior Court, Worcester County, February 5, 1877. Sen- 
tenced to the house of correction for two years. Pardon 
granted January 24, 1878, upon the recommendation of 
the District Attorney and many prominent citizens of 
Worcester. The prisoner, who was an Englishman, had 
been separated from his wife for many years, and, after 
living some time in this country, married again in igno- 
rance of our laws. The parties were innocent of criminal 
intent, and appeared to be respectable and worthy people. 
The pardon was granted upon condition that the unlawful 
connection should not be resumed. 

No. 5. Frederick Jerome. Convicted of breaking 
and entering : Superior Court, Hampden County, June 2, 

1877. Sentenced to the house of correction for two years. 
Pardon granted January 25, 1878, on account of severe 
illness, which terminated fatally a short time after his re- 
lease. 

No. 6. James E. Fennelly. Convicted of breaking 
and entering before Joseph D. Fallon, Esq., Trial Justice 
of juvenile offenders for Suffolk County, September 29, 
1876. Sentenced to two years in the house of correction. 
Pardon granted February 7, 1878, on account of severe 
illness, which, the prison physician certified, must soon 
terminate fatally. His family furnished satisfactory evi- 
dence of their ability to give him better care and more 
comfort than he could obtain in the prison hospital. 

No. 7. Charles L. Spooner. Convicted of violat- 
ing the license law: Superior Court, Bristol County, De- 
cember 31, 1877. Sentenced to the house of correction 
for six months, and to pay a fine of $100 and costs. Par- 
don granted February 7, 1878, upon the payment of the 
fine and costs, because the Committee were satisfied, from 
evidence presented to them, that the sentence of imprison- 
ment, in addition to a fine, was imposed under a misappre- 
hension of the important fact that this was the prisoner's 
first offence, and not his second. 



718 Special Messages. 

No. 8. Catherine Sweeney. Convicted of violating 
the license law: Superior Court, Norfolk County, Decem- 
ber 20, 1877. Sentenced to the house of correction for 
six months. Pardon granted February 7, 1878, because 
of the discovery of important facts, which, had they been 
known at the time of trial, would have led to a different 
sentence. The family were in a destitute condition, and 
the District Attorney and many piominent citizens of 
Hyde Park considered it a worthy case. 

No. 9. John F. Casey. ■ Convicted of violating the 
license law: Superior Court, Essex (bounty, October 31, 
1877. Sentenced to the house of correction for three 
months, and to pay a fine of $150 and costs. Pardon 
granted February 19, 1878, because the prisoner was 
wholly unable to pay the fine, and had a family dependent 
upon him for support. He had friends who were ready 
to give him employment; and public sentiment in Lynn, 
where he lived, seemed to be strongly in favor of his re- 
lease. The Committee were satisfied that no public inter- 
est would be subserved by his longer confinement. 

No. 10. Charles H. Eveleth. Convicted of lar- 
ceny : Superior Court, Suffolk County, August term, 1877. 
Sentenced to one year in the house of correction. Pardon 
granted February 19, 1878, on the recommendation of the 
District Attorney, for the reason that the case would have 
been placed on file, and sentence suspended, but for a mis- 
take or misunderstanding on the part of the prisoner's 
friends, who had arranged for such a disposition of the 
matter. 

No. 11. James P. Howard. Convicted of attempt- 
ing to break and enter: Superior Court, Essex Count}^ 
May 16, 1876. Sentenced to the house of correction for 
two years. Pardon granted February 19, 1878, on account 
of the prisoner's severe sickness, which terminated fatally 
in about three months after his release. 

No 12. James Scannell. Convicted of breaking 
and entering: Superior Court, Suffolk County, October 
term, 1876. Sentenced to the house of correction for two 
years. Pardon granted February 20, 1878, for the reason 
that a different disposition of the case would have been 
made, or a milder sentence imposed, had certain extenuat- 
ing facts which were shown in the lower court been pre- 
sented at the time of sentence in the liigher court. The 
Committee were satisfied of the young man's penitence, 
and that the ends of justice had been secured by his six- 
teen months' im2)risonment. 



Special Messages. 719 

No. 13. Farnum W. Ltndsey. Convicted of assault 
and battery : Superior Court, Worcester Count}-, October 
18, 1877. Sentenced to house of correction for eight 
months. Pardon granted Febuar}^ 20, 1878, on the ur- 
gent recommendation of the District Attorney and of the 
Representative from the town where the prisoner resided. 
The Committee were satisfied that public sentiment was 
strongly in favor of his release. His wife was sick, and 
his family needed his assistance. The case appeared to be 
one where a small fine or a short imprisonment would 
have been ample punishment. 

No. 14. James Walker. Convicted of assault with 
intent to commit rape : Superior Court, Berkshire County, 
January term, 1874. Sentenced to state prison for twelve 
years. Pardon granted February 28, 1878. Evidence be- 
yond a reasonable doubt was presented to the Committee 
that the 3^oung man was not guilty of so heinous a crime 
as that to which he, under advice, plead guilty. At the 
time of the commission of the offence alleged, the boy was 
but fourteen years old. He had no counsel, and no means 
with which to obtain any. Prominent citizens of Wil- 
liamstown and vicinity who were familiar with the case de- 
sired his pardon, and it was strongly urged by the Dis- 
trict Attorney who conducted the prosecution. 

No. 15. William L. Joyce. Convicted of arson : 
Superior Court, Plymouth County, June 24, 1875. Sen- 
tenced to the state prison for five years. Pardon gi-anted 
February 28, 1878. The offence of which the prisoner 
was technically guilty was a high crime, the nature of 
which was not appreciated by him, he being then but fif- 
teen years of age. The Committee believed that neither 
the good of the boy nor the protection of society required 
his longer imprisonment for what was more a j^outhful in- 
discretion than a deliberate crime, and that the probabili- 
ties of his becoming a good citizen would be greatly in- 
creased by his release. Many prominent citizens of 
Brockton united in a petition for his pardon, and inter- 
ested themselves with much zeal in his behalf. He was 
given permanent and useful employment immediately 
upon his release. 

No. 16. John J. McAIanus. Convicted of rape: 
Superior Court, Suffolk County, November term, 1875. 
Sentenced to eight years in the state prison. Pardon 
granted March 22, 1878, because there was abundant evi- 
dence that the complainant, whose true character was un- 
known to the Court, and upon whose unsupported testi- 



720 Special Messages. 

mony the prisoner was convicted, was an untruthful wit- 
ness, and that the prisoner was only guilty of a crime for 
which the maximum penalty is a lighter sentence than 
the imprisoment he had already undergone. 

No. 17. George H. Pardoe. Convicted of arson : 
Superior Court, Worcester Count}', January term, 1875. 
Sentenced to five years in the house of correction. Par- 
don granted March 22, 1^78, on the recommendation of 
the District Attorney, the Sheriff of Worcester County, the 
JNIayor of the city of Worcester, and others, because the 
Committee believed that the ends of justice had been se- 
cured by three years' imprisonment, and that, while no good 
would result to any one from his longer confinement, his 
pardon would encourage him to lead a useful life. He was 
but sixteen years of age at the time of the commission of 
the crime, and during his imprisonment conducted himself 
in the most exemplary manner. All who were familiar with 
the case believed that he sinned from a sudden and uncon- 
trollable impulse which he has outgrown, and that his 
future course would be honest and upright. 

No. 18. Richard Williams. Convicted of larceny : 
Municipal Court, Boston, March 18, 1878. Sentenced to 
jail for thirty days. Pardon granted April 4, 1878, upon 
the petition of Sheriff Clark. Williams and Harrington 
— two school-boys, aged fifteen years, who had b'orne good 
characters — were accused of stealing three cents from 
another boy. The evidence was very conflicting ; but the 
Committee were satisfied that there was no criminal in- 
tent, and the alleged larceny was merely a boyish quarrel. 
No public interest would have been subserved by their 
longer imprisonment. 

No. 19. James Harrington was convicted at the 
same time and for the same offence as Richard Williams, 
No. 18 ; and the circumstances were precisely the same as 
in that case. 

No. 20. Thomas Flanagan. Convicted of larceny : 
Superior Court, Suffolk Countv, December 11, 1876. Sen- 
tenced to the house of correction for two years. Pardon 
granted April 18, 1878, on account of the serious illness of 
the prisoner, which terminated fatally a short time after 
his release. 

No. 21. Charles Vahey. Convicted of arson : Supe- 
rior Court, Suffolk County, September term, 1870. Sen- 
tenced to the state jjrison for life. Pardon granted April 
30, 1878, ui)on the recommendation of the Mayor (^who 
was the sufferer from the crime), the City Soliciiur, and 



Special Messages. 721 

many other prominent citizens of Chelsea, who represented 
that the sentiment there was that the law had been vindi- 
cated, and that no pnblic interest would be endangered by 
his release. The prisoner had probably served as long a 
term as would be imposed under the present law. His 
conduct while in prison was good, and he seemed thor- 
oughly penitent. The Committee were satisfied that the 
crime was committed from a mischievous rather than 
malicious intent. The prisoner was but seventeen years 
of age at the time, and was under the influence of liquor. 
The building stood in an isolated position, was not a 
dwelling-house, and was but slightly damaged. 

No. 22. Frank E. Hall. Convicted of violating the 
license law : Superior Court, Essex County, November 2, 
1877. Sentenced on two indictments to six months in the 
house of correction, and to pay a fine of -1100 and costs. 
Pardon granted April 30, 1^78, upon the recommendation 
of the Represencative, Selectmen, and prominent citizens 
of INIerrimac. The Committee found that public senti- 
ment in the town where he resided was unanimously in 
favor of his pardon, and that he was thoroughly reformed. 
His family, who were entirel}'' dependent upon him, were 
in great distress ; and the Committee were of the opinion 
that his longer imprisonment was not necessary to satisfy 
the ends of justice. 

No. 23. Charles Hamilton. Convicted of larceny: 
Superior Court, Worcester County, August 16, 1877. Sen- 
tenced to the house of correction for two years. Pardon 
granted April 30, 1878, because the prisoner was sick with 
consumption, and could be made more comfortable outside 
of prison walls. He died May 11. 

No. 24. Enoch Bailey. Convicted of violating the 
license law : Superior Court, Essex Count}^, May term, 
1877. Sentenced on four indictments to the house of cor- 
rection for four months, and to pay a fine of (§'200 and 
costs. Pardon granted May 7, 1878. The prisoner had 
served the four months' direct sentence of imprisonment, 
and eight months more for the non-payment of a fine 
which he was utterly unable to pay. His family were in 
great poverty, and must soon have become a public charge. 
Evidence was furnished the Committee that he would 
receive immediate and honorable employment ; and they 
were satisfied that the demand of the law had been fully 
met by his one year's imprisonment. 

No. 25. John Laragay. Convicted of breaking and 
entering: Superior Court, Middlesex County, July 2, 1877. 



722 Special Messages. 

Sentenced to eighteen months in the house of correction. 
Pardon granted May 7, 1878, on account of severe and 
probably incurable sickness, as certified by the physician 
and master of the house of correction, and by members of 
the Council who visited him. Upon his release he was' 
sent to the home of his parents in New Jersey, where he 
would i-eceive good care while he lived. 

No. 26. Mary B. Knight. Convicted of malicious mis- 
chief: Municipal Court, Boston, April 27, 1878. Sen- 
tenced to the house of industry for two months. Pardon 
granted JNlay 8, 1878, at the request of the magistrate who 
committed her, and with the assent of the complainant. 
Facts were brought to the attention of the Committee, 
which, had they been known at the time of the trial, would 
have resulted in the dismissal of the comphaint. 

No. 27. Herbert N. Day. Convicted of assault with 
intent to rape : Superior Court, Suffolk County, September 
term, 1874. Sentenced to twenty years in the state prison. 
Pardon granted May, 16, 1878, on the petition of Hon. F. 
W. Bird and others, for the following reasons : His former 
good reputation in all places where he had resided ; evi- 
dence beyond a reasonable doubt that the crime, which 
was committed under the influence of liquor, was wholly 
unpremeditated, and that he was unconscious of his crim- 
inal act ; his sincere purpose to lead in all respects a cor- 
rect life, in which purpose he will be aided by his excellent 
wife and by many highly respectable friends. Tiie com- 
plainant appeared before the Committee, and made no 
objection to the pardon. The Committee had repeated 
interviews with the prisoner, and were convinced that 
he did not belong to the criminal class, and would in the 
future lead an honorable life. 

No. 28. William C. Keiley. Convicted of violating 
the license law: Superior Court, Middlesex County, March 
22, 1878. Sentenced to three months in tlie house of cor- 
rection, and to pay a fine of $100 and costs. Pardon 
granted May 31, 1878, on account of the death of one of 
his children, and the serious illness of other members of 
his family. 

No 29. John T. Ford. Convicted of being present 
at a prize-fight : Superior Court, Middlesex County, March 
1q, 1877. Sentenced to two years in the house of correc- 
tion. East Cambridge. Pardon granted June 15, 1878. 
John T. Ford, John Green, and Frank D. Parsons, were 
pardoned at the same time, and for the same reasons : viz., 
that they were led into the crime by an older and more 



Special Messages. 723 

intelligent man ; that they did not know that their pres- 
ence at the fight was a violation of law ; that a strong 
public sentiment, as evidenced by a petition signed by 
many of the most prominent and influential citizens of 
Lowell, favored their release ; and that neither any public 
interest nor their own welfare would be served by longer 
imprisonment. The young men had previously borne 
good characters, and did not in any sense belong to the 
criminal class. 

No. 80. John Green. Was convicted at the same 
time and for the same offence as John T. Ford, No. 29 ; 
and the circumstances we.re precisely the same as in that 
case. 

No. 31. Frank Parsons was also convicted at the 
same time, and for the same offence, as Ford and Green, 
Nos. 29 and 30 ; and the circumstances were the same. 

No. 32. George E. Hendry. Convicted of breaking 
and entering: Police Court, Cambridge, March 25, 1878. 
Sentenced to six months in house of correction. East Cam- 
bridge. Pardon granted June 25, 1878, upon the petition 
of the Mayor and Chief of Police and many prominent 
citizens of Cambridge. The magistrate who sentenced 
him certified, that, had he known all the facts in the case 
at the time of trial, he would have imposed a sentence of 
three instead of six months. The paities who suffered 
from his crime asked for his release, and he was promised 
useful and permanent employment. The prisoner had 
previously borne a good character : and the Committee 
were satisfied of his penitence, and that he would in 
future lead an honest life. 

No. 33. Andrew J. Tilton. Convicted of larceny 
and drunkenness : Police Court, Fitchburg, November 26, 
1877. Sentenced on two indictments to the house of cor- 
rection, Fitchburg, for thirteen months. Pardon granted 
June 28, 1878, upon the petition of the Justice who sen- 
tenced him, the party who complained of him, and many 
respectable citizens of Leominster. Satisfactory evidence, 
which was not known at the time of trial, was presented to 
the Committee, that he was guilty only of .drunkenness, 
and not of larceny ; and for this he had been sufficiently 
punished. 

No. 3-1. Thomas Dolan. Convicted of assault and 
battery with a knife : Superior Court, Suffolk County, 
December term, 1877. Sentenced to nine months in house 
of correction. Pardon granted June 28, 1878, because 
the Committee were satisfied, from newly discovered evi- 



724 Special Messages. 

clence, that Dolan was the assaulted part3\ and acted in 
self defence when he committed the crime alleged against 
liim. He was convicted upon the testimony of a man who 
has since been convicted of manslaughter, and that of a 
companion who was shown to be a worthless fellow. 

No. 35. Pateick Shuckrow. Convicted of robber}- : 
Superior Court, Worcester County, May 26, 1877. Sen- 
tenced to two and one-half years in house of correction, 
Worcester. Pardon granted June 28, 1878. Shuckrow 
was convicted on the unsupported testimony of a man 
who was soon thereafter found to be insane, and is now 
an inmate of an asylum. The Committee considered it 
very doubtful if the man whom the prisoner is alleged to 
have robbed was really robbed at all. Evidence was pre- 
sented at the hearing, which showed, beyond reasonable 
doubt, that, if a crime was committed, Shuckrow was not 
the guilty paity. The District Attorney and the grand 
jury strongly favored a pardon. 

No. 36. O. J. Smith. Convicted of violating the 
license law: Superior Court, Norfolk County, December 
12, 1877. Sentenced to the house of correction for nine 
months in default of payment of a fine of !^300 and costs. 
Pardon granted July 11, 1878, upon the petition of Mayor 
Richardson, District Attorney Stevens, Senator Abbott, 
and other prominent citizens of Lowell, and with the as- 
sent of the District Attorney who prosecuted the case, 
because his family, who relied upon him for supj^ort, were 
entirely destitute, and unable to pay the fine. The Com- 
mittee were satisfied, also, that the prisoner had no interet-t 
in the place where the liquor was sold, other than to re- 
ceive a salary from the owner, who was absent at the time 
of the arrest. He expressed sincere repentance of his 
crime, and promised never again to engage in any similar 
business. 

No. 37. Albert Stanhope. Convicted of larceny: 
Superior Court, Suffolk County, December term, 1877. 
Sentenced to one year in the house of correction. Pardon 
granted July 11, 1878, on account of the youth and im- 
paired health of the prisoner, who, upon his release, was 
taken to his family in Maine, who would care for his healih, 
protect his morals, and furnish him with useful employ- 
ment when he became able to work. The complainant, 
wlio was the sufferer by the crime, strongly urged his 
release. The prisoner had always borne a good reputation, 
and the Committee were satisfied that he was led into 
crime by an older and worse man. 



Special Messages. 725 

No. 38. Thomas O'Neil. Convicted of breaking and 
entering: Superior Court, Suffolk County, Marcli term, 
1878. Sentenced to one year in the house of correction. 
Pardon granted July 12, 1878, on account of sickness, 
which terminated fatally a short time after his release. 

No. 39. Frank Brady. Convicted of being present 
at a prize-fight : March 16, 1877. Sentenced to the house 
of correction. East Cambridge, for two years. Pardon 
granted July 17, 1878, on the petition of many leading 
citizens of Lowell, including members and ex-members of 
the legislature and of the city government, who repre- 
sented that public sentiment was strongly favorable to a 
pardon. The Council believed that his sentence would 
have been less severe had his counsel been present to rep- 
resent certain mitigating circumstances; and they also 
believed that he was not aware, at the time of committing 
the offence, that it was a violation of law to be present at 
a prize-fight. 

No. 40. Albert Hilton. Convicted of adultery: 
Superior Court, Middlesex County, November 5, 1877. 
Sentenced to one year in jail. Pardon granted July 24, 
1878, on account of the sickness of the prisoner, which 
terminated fatally within four weeks of his release. 

No. 41. Margaret Riley. Convicted of violating 
the license law: Superior Court, Norfolk County, April 
term, 1878. Sentenced to three months in the house of 
correction, and to pay a fine of $50 and costs. Pardon 
granted July 24, 1878, because she had a large family of 
small children dependent on her for support, and was 
unable to pay the fine, for which the money was once 
obtained, and lost or squandered by her daughter, who 
was an unreliable girl. The District Attorney strongly 
urged her pardon. 

No. 42. William Getchell. Convicted of larceny: 
Municipal Court, Boston, July 25, 1878. Sentenced to 
jail for thirty daj'S in default of payment of a fine of five 
dollars and costs. Pardon granted August 14, 1878, upon 
the petition of the magistrate who committed him, because 
of the youth of the prisoner, who stole a few cents' worth 
of food to satisfy his hunger, and was unable to pay the 
fine and costs. It appeared that the prisoner's family were 
in altject poverty, and that he could not obtain sufficient 
food at home. The Council considered that the ends of 
justice had been satisfied by his three weeks' imprison- 
ment. 

No. 43. Joseph Williams. Convicted of assault: 



T'26 Special Messages. 

Superior Court, Suffolk County, August term, 1877. Sen- 
tenced to house of correction for two 3'ears. Pardon 
granted August 30, 1878, on account of illness, which 
terminated fatally a short time after his release. 

No. 44. Clark Ryder. Convicted of attempting to 
escape from the Westborough Reform School : Superior 
Court, Worcester County, January 26, 1877. Sentenced 
to two years and ten months in house of correction, 
Worcester. Pardon granted August 30, 1878, because 
satisfactory evidence of the reformation of the prisoner 
was presented to the Committee. The District Attorney 
and the Sheriff advised his release, on the ground that it 
would aid tiie discipline of the prison, and be in accord- 
ance with wise public policy. The Committee concurred 
in this opinion. 

No. 46. Charles Zimmerman. Convicted of break- 
ing and entering : Superior Court, Suffolk County. Sen- 
tenced to state piison for five years. Pardon granted 
August 30, 1878, for the reason that the prisoner had been 
sick in the prison hospital for several months, -NAith small 
prospect of recovery, and had fiiends in another state, 
who would receive him and care for him while he lived. 

No. 46. Augustus Sackett. Convicted of assault 
and battery: Superior Court, Hampden County, January 
11, 1878. Sentenced to eighteen months in the house of 
correction. Pardon granted September 10, 1878, on ac- 
count of the ill health of the prisoner, as certified by the 
prison physician, and by a membei- of the Council who 
visited him. The Council were satisfied that the man was 
low with consumjjtion, and not likely to live tuany weeks. 
He was removed to his home in Westfield, where he would 
receive good care and attention. 

No. 47. Charles Cox, alias Charles Foster. Con- 
victed of larceny : Superior Court, Suffolk County, Sep- 
tember term, lb74. Sentenced to state prison for six 
years. Pardon granted September 24, 1878, on account 
of the impaired health of the prisoner, and his thorough 
reformation. He belonged to a respectable famih- in 
Maine, and came to Boston to seek employment. Here 
he fell among bad associates, and was led into crime. The 
Committee investigated the case with much care, and 
were unanimously of the opinion that no public inteiest 
would be subserved by his longer confinement. His 
friends in Maine promised to give him a home and em- 
ployment, and to surround him with good influences. 

No. 48. John Hayes. Convicted of breukino and 



Special Messages. 727 

entering: Superior Court, Suffolk County, December 
term, 1876. Sentenced to two years in house of correc- 
tion. Transferred to Taunton Lunatic Hospital, May 12, 
1878. Pardon granted September 28, 1878, at the request 
of the General Agent of the Board of State Charities, 
who presented satisfactory evidence of the prisoner's in- 
sanity. He had a settlement in Connecticut, and friends 
there who would care for him, and thus relieve this Com- 
monwealth from any charge for his support. 

No. 49. Margaret McCullough. Convicted of 
being a common drunkard : lAIunicipal Court, Boston, 
June 25, 1878. Sentenced to the reformatory prison for 
one year. Pardon granted September 28, 1878. The 
j^risoner had three small children, who needed her care. 
Her husband, a worthy and temperate man, had moved to 
New Salem after she was committed. Upon her release 
she went thither, where she would not be exposed to the 
temptations that formerly surrounded her in the city, but 
would be under good influences, and be aided in her pur- 
pose to abstain from the use of intoxicants. The Com- 
mittee were satisfied of her penitence, and desire to lead 
a sober and correct life. 

No. 50. William Garland. Convicted of forgery : 
Superior Court, Suffolk County, January term, 1876. Sen- 
tenced to state prison for eight years. Pardon granted 
October 2, 1878, on account of the greatly impaired and 
rapidly failing health of the prisoner, which would proba- 
bly result fatally in a short time. It has been ascertained 
that death took place within a few weeks from the time of 
his release. 

No. 51. Edward B. Hall. Convicted of an attempt 
to rape : Superior Court, Plymouth County, November 5, 
1873. Sentenced to state prison for seven years. Pardon 
granted October 2, 1878, because the prisoner was very 
low with consumption, and, in the opinion of the prison 
physician, could not live until the expiration of his sen- 
tence. He had friends who would give him the best of 
care, and surround him with every comfort while he lived. 

No. 52. Arthur Bible. Convicted of larceny in a 
building : Superior Court, Suffolk County, July term, 
1878. Sentenced to two years in the house of correction. 
Pardon granted October 18, 1878, because the prisoner 
was sick with consumption, which, the prison physician 
certified, must terminate in death before the expiration of 
his sentence. The Committee felt that his comfort would 
be promoted and his life prolonged by release from the 



728 Special Messages. 

depressing influences of prison life. His friends were able 
and willing to give him proper care and attention. 

No. 53. Waeren Shedd. Convicted of larceny from 
a building : Superior Court, Middlesex County, February 
26, 1877. Sentenced to the state prison for two years. 
Pardon granted October 31, 1878, upon the petition of 
Governor Talbot, the Selectmen, and many prominent and 
respectable citizens of Billerica, who represented that 
public sentiment was strongly in favor of a pardon, and 
that tlie ends of justice were satisfied by the imprison- 
ment he had already suffered. The Committee, upon 
investigation, concurred in this opinion, and were im- 
pressed by the strong evidence of the prisoner's reforma- 
tion, and his promise to become a law abiding citizen. 

No. 54. Charles H. Stowell. Convicted of polyg- 
amy : Superior Court, Franklin County, March 26, 1878. 
Sentenced to the house of correction for one 3'ear. Pardon 
granted October 31, 1878, for the reason that satisfactory 
and conclusive evidence was presented to the Committee 
that the prisoner was not morally guilty, but violated the 
law ignorantly. Public sentiment in the community where 
he resided was strongly in favor of his release, and it was 
believed that no public interest would be subserved by his 
longer confinement. 

No. 55. Edward Slavin. Convicted of assault and 
battery : Superior Court, INIiddlesex County, July 16, 
1878. Sentenced on two indictments to six months in 
house of correction. East Cambridge. Pardon granted 
November 12, 1878, because the Committee were satisfied, 
from the evidence presented at a hearing, that but for sick- 
ness and death in the prisoner's family, which prevented 
his attendance upon the court and caused him to be de- 
faulted, the case would have been otherwise disposed of, 
and probably placed on file. 

No. 56. John O'Keefe. Convicted of violating the 
license law : Superior Court, Suffolk County, September 
18, 1878. Sentenced to the jail for three months in default 
of payment of a fine of $100 and costs. Pardon granted 
November 12, 1878, on account of the destitute and pitia- 
ble condition of the prisoner's family, including an infant 
born during his imprisonment, and one child dangerously 
sick. He was given honest employment upon his release. 

No. 57. William alias James Carney. Convicted of 
breaking and entering : Superior Court, Suffolk County, 
February term, 1877. Sentenced to state prison for seven 
years. Pardon granted November 12, 1878, because the 



Special Messages. 729 

prisoner was sick with acute consumption, which, the 
prison physician certified, must soon terminate fatally. 
His mother had a comfortable home, where he would re- 
ceive the best of care and nursing. 

No. 58. Benjamin Freeby. Convicted of assault and 
battery and carrying concealed weapons : District Court, 
East Middlesex, August 3, 1878. Sentenced on two in- 
dictments to house of correction, East Cambridge, for six 
months, in default of payment of a fine of f^So and costs. 
Pardon granted November 12, 1878, at the request of the 
magistrate who committed him, and several leading citi- 
zens of Wakefield, because of the discovery since the trial 
of evidence, which, had it then been known, would have 
led to a different disposition of the case, or a lighter sen- 
tence. 

No. 59. Charles Green. Convicted of assault : Police 
Court, Lowell, August 5, 1878. Sentenced to the house 
of correction. East Cambridge, for six months. Pardon 
granted November 12, 1878, on the petitions of the Justice 
who sentenced him, the person upon whom he committed 
the assault, and the Sheriff of the county, because of the 
distressed and destitute condition of his family, and the 
fact that permanent employment would be given him by a 
barrel manufacturer. The Committee were satisfied of his 
penitence, and his firm purpose to lead a sober and honest 
life. 

No. 60. William W. Armixgton. Convicted of adul- 
tery : Superior Court, Hampden County, January 11, 
1878. Sentenced to house of correction for eighteen 
months. Pardon granted November 22, lb78,. because of 
evidence discovered since the trial that showed, beyond 
reasonable doubt, that Armington was " more sinned 
against than sinning." Councillor Haynes (who repeat- 
edly visited him), the Sheriff, and officials of the house of 
correction, and many gentlemen in Springfield familiar 
with the case, represented public sentiment as favorable to 
a release, and that the ends of justice had been assured by 
the imprisonment he had already undergone, and that no 
public interest would be subserved by his longer confine- 
ment. The man had always borne a good character, gave 
evidence of deep penitence for his crime, and promised to 
lead a correct life in the future. 

No. 61. John Murphy. Convicted of breaking and 
entering: Superior Court, Suffolk County, May term, 
1877. Sentenced to house of correction for two years. 
Pardon granted November 30, 1878, on account of severe 



780 Special Messages. 

and probably fatal sickness, as certified by the prison phy- 
sician, who stated that lie was rapidly failing from con- 
sumption, and could live but a short time. He had a com- 
fortable liome, where he could be well cared for. 

No. 62. Nellie O'Hake. Convicted of larceny : Mu- 
nicipal Court, Boston, June 27, 1878. Sentenced to the 
reformatory prison for six months. Pardon granted No- 
vember 30, 1878, that she might attend the funeral of a 
sister. As less than a month of her sentence remained 
unexpired, the Committee believed that the influence of 
the funeral occasion would be more beneficial to her than 
the brief term of imprisonment remaining. 

No. 63. George W. Dorr. Convicted of larceny : 
Superior Court, Essex County, February 8, 1878. Sen- 
tenced to fifteen months in the house of correction. Par- 
don granted December 10, 1878, upon the petition of the 
town officials and leading citizens of Ipswich, who repre- 
sented public sentiment as being favorable to a pardon. 
The Committee were of the opinion that the best inter- 
ests of society, and the future welfare of the prisoner, who 
was very young, required his pardon. He had friends in 
comfortable circumstances, who would give him useful 
employment, and surround him with good influences. He 
had always previously borne a good chaiacter, was led 
into crime by vicious companions, and gave every evidence 
of thorough penitence and reformation. 

No. 64. John Lynch. Convicted of larceny : Police 
Court, Cambridge, August 30, 1878. Sentenced to one 
year in house of correction, East Cambridge. Pardon 
granted December 10, 1878, upon the certificate of the 
prison physician that the prisoner was very low and rap- 
idly failing from consumption, and could not survive many 
months. He was removed by his family, who possessed a 
comfortable home, where he could receive proper care. 

No. 65. James E. Toner. Convicted of extortion : 
Superior Court, Suffolk County, April term, 1876. Sen- 
tenced to state prison for five years. Pardon granted 
December 10, 1878, at the request of the District Attorney, 
and with the assent of the complainant, because of the 
discovery of evidence which proved, beyond a reasonable 
doubt, that, had all the facts in the case been known and 
made to appear at the time of the trial, the result would 
have been acquittal, or a much lighter sentence. 

No. 66. William A. Nickekson. Convicted of adul- 
tery : Superior Court, Suffolk ('ounty, October term, 1877. 
Sentenced to house of correction for two veai-s. Pardon 



Special Messages. T31 

granted December 10, 1878, on account of mitigating facts 
and circumstances, whicli were not understood at tlie time 
of sentence. His family needed his care, and he would 
receive useful employment. 

No. 67. Edward Randall. Convicted of larceny : 
Municipal Court, Boston, May 21, 1878. Sentenced to 
house of correction for one year. Pardon granted De- 
cember 10, 1878, on account of the discovery of evi- 
dence since the trial, which, could it have then been 
presented, would have caused a different disposition of the 
case. The complainant admitted that the larceny, which 
was merely technical, was unpremeditated, and that the 
affair was the result of a drunken frolic. The prisoner 
was a man of good general deportment, and did not 
belong to the criminal class. 

No. 68. Charles Floyd. Convicted of circulating 
obscene literature : Superior Court, Worcester County, 
August 16, 1878. Sentenced to house of correction, 
Fitchburg, for three months, and to pay a fine of flOO. 
Pardon granted December 10, 1878, at the request of the 
District Attorney, because the prisoner had served his 
direct sentence of imprisonment, and one month in addi- 
tion on account of the fine, which he was unable to pay, 
and which, the Committee believed from trustworthy 
evidence, would not have been imposed but for the statu- 
tory requirement in such cases. 

No. 69. Alexander J. Hathaway. Convicted of 
larceny : Superior Court, Bristol County, March 20, 1878. 
Sentenced to house of correction for eighteen months. 
Pardon granted December 19, 1878, on the petition of the 
Selectmen of the towns of Sandwich and Wareham, and 
many prominent citizens of that vicinity, because of the 
destitute and pitiable condition of the prisoner's family, 
which included five small children, and the abundant 
evidence which was presented that public sentiment 
strongly favored the -release. The complainant has re- 
ceived pecuniary satisfaction for his loss by the prisoner's 
crime, and the Committee felt that no public interest 
would be subserved by longer imprisonment. 

No. 70. James Pierce. Convicted of larceny : Supe- 
rior and Municipal Courts, Suffolk County, August 2, 
1877. Sentenced on two indictments to the house of 
correction for two years and one-half. Pardon granted 
December 23, 1878, upon the recommendation of Ihe Dis- 
trict Atorney, on account of the prisoner's youth, his 
previous good character, his sorrow and penitence for his 



732 Special Messages. 

crime, and his evident determination to lead an honest life, 
in which he will be assisted by influential and worthy citi- 
zens of South Boston, one of whom gave him employment 
and a good home. He had an aged grandmother depend- 
ent upon his wages for support. 

No. 71. Adam Cole. Convicted of burglary : Supe- 
rior Court, Berkshire County, January term, 1870. Sen- 
tenced on four indictments to sixteen years in state prison. 
Pardon granted December 23, 1878. Cole had served nine 
of the sixteen years of his sentence, and his good record in 
prison had gained him nearly two years' commutation. 
The crin\es for which he was sentenced were all committed 
in one night, and might properly have been treated as one 
offence. Nearly all the property stolen was immediately 
recovered, and restored to the owner. He had a sister — a 
most estimable woman — living in Albany, N.Y., who, by 
a series of domestic misfortunes, had become very poor, 
and was unable, on account of sickness, to contribute to 
the support of herself and her family, and needed her 
brother's assistance. Upon his release Cole went to Al- 
bany, where he was given permanent and useful employ- 
ment, and made his home with his sister, whom he would 
support. The Committee believed that the chief object of 
his imprisonment had been accomplished, and that he would 
in the future be an industrious and law-abiding citizen. 

No. 72. William D. Perkins. Convicted of break- 
ing and entering (three indictments) : Superior Court, 
Suffolk County, April term, 1877. Sentenced to three 
years in the house of correction. Pardon granted Decem- 
ber 31, 1878, because the Committee, after visiting him in 
prison, were satisfied of his true repentance, and desire to 
lead an upright life. They believe that he would be 
encouraged and helped in his endeavors by a pardon, while 
no public interest would suffer oh account of his release. 
He would be surrounded by good home influences, and 
receive the watchful care of his famijy and friends. 

No. 73. John Caknes. Convicted of assault and 
battery : Superior Court, Suffolk County, October term, 
1878 Sentenced to four months in house of correction. 
Pardon granted December 31, 1878, on the petition of the 
party assaulted, and the Mayor and many prominent citi- 
zens of Chelsea. The prisoner was an aged man, and very 
feeble. The prison physician certified that liis health was 
rapidly failing under confinement, and that he would soon 
die if not released. The assault complained of was not at 



Special Messages. T33 

all aggravated, and was the result of a quarrel with a 
f ello w- workm an . 

[To the Senate and House of Representatives, January 14.] 
I have the honor to inform the General Court that a 
vacancy exists in the Board of State Directors of the Bos- 
ton and Albany Railroad, by reason of the resignation, on 
the fourteenth day of December, 1878, of Thomas Talbot 
of Billerica, who was elected by the General Court on the 
nineteenth day of February, 1878, to serve for the term of 
two years. 

[To the Senate, January 22.] 

I have the honor herewith to transmit, for the use of the 
General Court, the Annual Report of the Commissioner of 
the Mystic River Corporation. 

[To the House of Representatives, January 24.] 

T have the honor herewith to transmit for the use and 
information of the General Court the annual report of the 
Board of Land Commissioners for the year 1878. 

[To the Senate and House of Representatives, January 31.] 

I have the honor herewith to transmit to the General 
Court, for its information and such consideration as the 
subject may require, a communication from the Attorney- 
General relative to a proceeding in equity against the 
Commonwealth, brought by the Troy and Greenfield Rail- 
road Company for the redemption of the Hoosac Tunnel. 

[To the Senate, January 31.] 

I have the honor herewith to present for the consider- 
ation of the General Court the sixteenth annual report of 
the Massachusetts Agricultural College. 

[To the Senate and House of Representatives, February 4.] 

Representations have been made to me that an impor- 
tant interest of Massachusetts is in imminent peril. It is 
asserted by parties conversant with the business, and en- 
titled to full credence, that the longer continuance of the 
provisions of the treaty between the United States and 
Great Britain permitting the free importation of fish from 
iAie British Provinces will be most disastrous to the fishing 
interest of this Commonwealth, and that the permanent 
maintenance of this policy will insure its complete destruc- 
tion. This would result in the decay of our fishing ports, 



"734 Special Messages. 

the loss of millions of capital, and drive from their occu- 
pation thousands of deserving citizens. 

Massachusetts cannot look with indifference upon the 
impending ruin of a class of her people to whom, in com- 
mon with the whole nation, she owes so much of her past 
prosperity. This class has been the nursery of the navy 
of the Union. It has manned our mercantile marine. Its 
prompt courage and patriotism, exhibited both on land 
and sea, in every national exigency, have been equalled 
only by its enterprise and industry in peace. 
^ I deem it, therefore, a duty, which I must not omit, to 

suggest to the Legislature the expediency of interposing 
the whole influence of the State to secure an exhaustive 
investigation of the entire question, and, if the existing 
apprehensions should prove well founded, of calling for- 
mally upon our senators and representatives in Congress 
to use every honorable effort to avert the anticipated evil. 

[To the Senate and House of Representatives, February 10.] 

I have the honor herewith to present to the General 
Court a copy of certain resolutions adopted by the General 
Assembly of Alabama, and transmitted to me by the Gov- 
ernor of that State. 

This action on my part I consider due to official courte- 
sy. From the doctrine which underlies the resolutions I 
utterly dissent. 

[To the Senate and House of Representatives, March 12.] 

I have the honor herewith to transmit, for the informa- 
tion of the General Court, the Report of the Manager of 
the Troy and Greenfield Railroad and Hoosac Tunnel for 
the year ending December 31, 1878. 

[To the House of Representatives, March 20.] 

I have the honor herewith to transmit, for the informa- 
tion of the General Court, the accompanying communica- 
tion to the Executive from the Land Commissioners. 

[To the House of Representatives, April 8.] 

I return herewith to the House of Representatives, in 
which it originated, an " Act to provide for the More Ac- 
curate Registration of Vital Statistics." 

The provisions of this act, so far as covered by it-s title,* 
commend themselvt^s to my judgment, and woukl receive 
a prompt approval ; but I find in the second section a 
clause which appears to be alien to the letter and the spirit 



Special Messages. 735 

of the title, confening powers and compelling action 
clearly beyond the domain of vital statistics, and open to 
weighty objections. It is eminently proper, that, upon the 
death of inmates of public institutions supported in life 
at the public charge, instant notice should be forwarded 
to friends or relatives. It is wise to transmit a copy of the 
notice, with the cause of death duly certified, to the local 
clerk or registrar. But the remaining provision, that "said 
bodies shall be prepared for removal by authoi'ities, and, 
if not called for within two days after death, shall be de- 
livered up for the promotion of anatomical science at the 
expiration of that time," is repugnant to my feelings, and 
at variance with my judgment. I am, therefore, compelled 
to withhold my signature from the act in its present form, 
and to ask of the Legislature the renewed consideration 
and more careful scrutiny of these provisions. 

I appreciate fully the value and importance of anatomi- 
cal science. Its needs are imperative, and must be satis- 
fied. The people understand this, and will sustain any 
reasonable legislation to this end ; but they will not sub- 
mit to any measure which shocks the public sentiment, or 
wounds the sensibilities of friends. Such legislation would 
insure its own repeal, and harm the cause it was meant to 
serve. The existing provisions of law on this subject, con- 
tained in chap. 27 of the General Statutes, would seem to 
be sufficiently liberal ; but, if the public necessity requires 
something more, I shall interpose no objection, provided 
the statute shall be so framed and guarded, as, in the lan- 
guage of that chapter, " in no event to outrage the public 
feeling." 

The specific objections to this clause are, — 

Firsts That it is too sweeping. It may happen to any 
one of us, or of our households, to be smitten with sudden 
and fatal disease among strangers, and taken to a public 
hospital. Immediate identification is impossible, and in 
two days the surgeon and the scalpel must follow. 

Second, It is too vague. Who is to decide the rival 
claims of applicants for a body ? Under existing laws, 
officers may grant such bodies to any physician or surgeon, 
" to be used within the State for the advancement of sci- 
ence," preference being given to medical schools. Under 
the proposed law, the delivery may be made to any one for 
use anywhere. 

Third, The time is insufficient for friends to claim their 
dead. Our postal arrangements will not permit it. The 
towns are numerous in this State between which letters 
cannot be exchanged within forty-eight hours. 



736 Special Messages. 

Fourth^ It allows no discretion to the local authorities. 
A mother arriving an hour too late, and pleading with 
tears for the body of her child, must.be denied the priv- 
ilege of bur3ang it among its kindred. The law is manda- 
tory. It must go to the dissecting-room. It may be said, 
that, in such a case, the law would be disregarded ; but 
we are not to pass laws in the faith that they will be set 
at naught. 

Fifth, .It requires no bond, as provided in the General 
Statutes. The propriety of an express provision on this 
point needs no discussion. 

Sixth, Worst of all, it disregards the requests of the 
dying, so carefully guarded in the existing statute, which 
provides, that if, in his last sickness, the deceased re- 
quested to be buried, the body shall not be surrendered 
for dissection, but shall be buried. The provisions of the 
proposed act are plainly inconsistent with the humane pro- 
visions referred to, and would, therefore, repeal them. 

The desire for sepulture is coeval with our race. It is 
common alike to savage and civilized man^ The sanctity 
of religion hallows it ; the affections of the people guard 
it ; the demands of science must not overrule it. The 
friendless poor should have the full protection of those 
who make and those who execute the laws, and their plea 
for Christian burial should never be refused in a Christian 
land. To any act which denies it I cannot set my hand. 



CHANGE OF NAMES. 



738 



Change of Names. 



<4-l © 
O ^ 
CO ■*^ 






02 


*- -a 






;z; 


g ?i 






o 


-4J _ 








15 ^ 






W 


^ ^ 






|1h 


cS 1=1 








s a 




>^ 


o 


a) S 
O o 

,x1 a> 




H 


w 






O 


w 


O tf-i 




O 


b-H 


M ° 






.^ 


-2 ^ 




>•> 


-^ 


^S 




O 


^ 








5cg 




P^ 


t^H 


s © 




p^ 


o 






^ 


H 


^ o 




cc 


O 




1 




^ 


g s 






< 


•43 tH 


pi 
o 




u 


^« 


a 








^ 'S •?. 



o « 



f^ .3 



o 
O 

-2 



a 

a 



t 




CO 

CO 






>3 












c 




cd 






■1^ 












1 




S 






o 












» 










o 














S 


s 
o 


c 


d 


rH 


d 


c 


C 


c 


c 




o 


S. 


o 


o 






o 


C 


o 


o 




-4J 


^ 


-»-> 


-4J 


& 


■»2 




■u 


•4^ 






03 


m 


to 


CO 


03 


o: 


rr. 


X 




o 


rt 


o 


o 


« 


C 


o 


o 


O 


'<S 




W 


h4 


M 


p:) 


;2; 


« 


n 


cq 


P5 


HH 


■B 


TS 


• 


• 


• 


• 


fl 


• 


• 


• 


. • 


1 


^ 
rt 




* 


.£ 


• 






* 


' 


' 


t> 


rO 






'^ 




c 










1) 


a 

o 




^ 


!-l 


, 


O 


o 

cc 


£ 






a 






•4-3 

'a 


(=! 
CO 


CO 








'3 


'T3 




c3 
O 

03 








c3 


8) 
1^ 


•4-> 


IT' 
CC 

a 


3 




O 






C3 




a 
CO 


.2 


.2 




.2 






^ 








. 




, 


, 


.2 ■ 












































'S! 






















s 




























, 




. 


, 


, 




, 




Ij . 






















^ 












































u 






















<u 






• 






• 


• 




• 


• 


a • 






















^ 


i 




• 




* 

03 

a 

.2 




• 




* 


• 


.2 


"3 

c 

■a 

r 
o 




* 




? 


* 


m 

IS 




2 


* 

.s 




* 




o 


'S 


^ 


o 




-< 


*-i3 


:S 




4) 

1 


H 

!> 


s 

rt 
S 


1 


to 

3 
cJ 

03 


* 

fcX) 


C3 


3 
< 


cS 
.2* 




^ 


W 


tf 




Q 


*s 


e8 
0) 


5 


w.a 




C 


.2 


6 






C« 


•-a 

c 


0) 


C 


3 

15 






3 


^ 


O 


<1 


s 


s 


<1 


< 


w 


i 


• 


• 


• 


• 


• 


• 


• 


• 


' 


• 


V 


00 




















Q 


r- 


• 


• 


• 


• 


• 






« 


• 


VI 


« t- 


l>- 


t>. 


•^ 


■rf^ 


•^ 


•—1 


<—i 


i-H 


cH 


O 








^^ 




t— ( 


!M 


Cl 


(M 


(M 


a 


rt 











































Chajsge of Names. 



739 



ooooooooooooooooooqo 

OOOOOOOOOOOOOOOOOOOO 



Q 






O O 






M 



s a> « :§ 



CD c« S <S 

O S »-:! W 



^ -I ^ 

-ti -"^ I.»^ 

.2 IS ^ 



S o 
W 1-1 



< w 






CO 



J '^ S -S ^ 



% ; 



a _c o 



^ S o P 



^ ^ ;§ 



(-( c5 Ph 

" p-i P^ 



be 



a 



™ p^ o 



en "TJ 



•g CQ C^ 
M ^ ^ 



S o 



^ .2 



\^ 



O O Ph <^ 



<D * 



O 






^ g .3 S 






i-s ^ 



o --J 



W 



fc/3 03 



o <s f- 

1-1 ^ _!-, 



^ rO 



P^ 



<S .S eS .S^' 



1-5 W 



w ^ 



C8 .2 






5 S ^ 



f^ 



|M 



fl o; 



ca 



OJ W N 3 S 

1^ c« ,N g g 



-< H 1^ 3 W Ph w 



^ I? t>j QJ . g 

"^ , 'r! ?r) * -5 



1^ 



w 






W 



o 






g C« TO 

p^ ^ !^. 



.—I CO CO CO 



;^ 



740 



Change of Names. 



H 

o 
o 

o 



^ 




















, 




































;^ 
















Si 




















2" 


















fl 


fl 





C3 


fl 


c 


c 


a 


c 


«cl 


3 


d 


d 


r^ 


2 


d 


a 




^ 


o 


o 


o 


o 


3 


O 


C5 


o 


riil 


o 


o 


o 


O 


O 


o 


o 














-U 








-*j 
















ec 


en 


CO 


CO 


CO 


tn 




c3 




»j 


to 


cn 


CO 


03 


03 




o 


o 


O 


O 


<:> 


o 


O 


O 


o 


^ 


o 


o 


o 


o 


O 


O 


O 




M 


M 


« 


pq 


« 


cq 


« 


eq 


M 


eq 


eq 


pq 


pq 


eq 


pq 


pq 


1 


o 


• 


O 

"So 
a 


3 


fl 


a 

o 


o 


• 


ja 


• 


• 


CO 


-b3 


• 


u 

P5 


• 




B 
>2i 


C 


03 




.^ 
1 


-d 

c 

d 


o 

eq 

CO 
a> 
o 


o 


O 




en 


0) 

CO 


0) 


1 


tc 

d 
'si 


d 

1 

P^ 

CO 

o 

o 
O 






CD 

E 

•-5 


.s 

'tzi 




a 


M 

O 


m 

< 

u 

c3 

o 

to 

o 


a; 


a 

d 

ce 
o 
o 
a> 

0) 

P5 




-(-3 

'a 

c3 
O 

Q 


0) 

1 

d 


a 

.2 
'5 

d 


< 


O 

HI 

c3 

CO 


c3 
Oh 

s 
6 


1 

.2 




. 


* 

d 
o 


• 


• 


. 


a 


•. 


• 


• 






• ■ 


• 


• 


. 


. 




s 


* 




• 


• 




:0 

CO 




* 

CQ 








* 


* 


• 




n 




13 

■a 
•c 
o 


,£3 

(V 


Ph 
o 

en 

3 


CO 
g 


* 

t> 
o 
d 
o 
Q 


* 

•♦J 
(72 


a 
a 

CO 


* 

a 

'c3 
O 


+3 


« 
O 

0) 


a> 
o 

pq 


* 

Pi 


CO 

u 

0) 

•<^ 

to 
aj 

1 

.2 


"o 
O 

o 

1 


* 
£ 

O 

d 

(U 

d 
<i> 
tc 

3 
P>^ 


* 

CO 

d 
O 


pq 

3 


« 

d 
Q 




a; 

s 


i3 






a 


ee 
o 

CO 

O 








e3 
O 

Q 


d 


a 


d 


>5 


pq 


^ 
1 


i 




• 


• 


• 


• 




• 


• 




• 


• 


• 


• 


• 


• 


• 


• 


<u 


»o 


I— t 


lO 


»o 


<M 


C5 


Oi 


OS 


CO 


CO 


o 


CO 


CD 


eci 


CO 


o 




« i-> 


CJ 




i-( 


.— ( 


(M 


(N 


OJ 


fN 












T-{ 


rH 


<M 


S 


H 




'I 






























a 


U> 




;-i 














>> 



















c3 




<3 














c4 

















Change of Names. 



741 



a ^ 



cqwpqpqpqeqpqpqfqeqpqpqeqpqpqcqoweQM 



CO o 



s w g _-! 






O c3 ce 



;5 W 






bo S 

O bo • 

c -!i M ^ 

3 B >> i 



t ^ 



£ ^. < 



z? o 



i> S ^ 



QJ 



-^ nl ~ O? '^ 



a 2 



o 






o <w' ^ -r 



o p ^ P ^ 









5j rt -? 



h P 



Ph s> 



fi -S P5 8 -S 



W S :.^ 



fcJO fa <» 



O 



be cS 



-o 3 O 



p5 r*^ s 



O 



WfaS^^fSfafaWWOSOfaSH 



^3 



o 



N 

rj it! ••-I 



c 

U 



w g 



O 



eq 



^ W ^ ^ S 









C 'ti m P -^ "o 't:; 42 



« 



Q ^ 

cj 0) 
fa ^ 



bO 



* o 

^ O 



^ I 

W fa 



a 



w 



W 03 



C4 

fa 



g fa 



tj .2 



^ fa O fa 



^ n" ■=*' 



^ bo .2 



03 ,:« 



oooooob-t^t^t^i^t^soeocoeocoooi:^ 



CN(MC^C^(MC)C^(MO)(M<MC^ 



>-5 



742 



Change of Names. 



K M « cq pq 



0) 


r; 


C 


c 


c 


c 


a 


- 


2 


g 


— 


c 


cc 


o 


n 


r. 


o 


o 


o 


o 


o 




a) 


^ 
















■1-3 






^ 




m 


OS 


en 


CO 


r/1 


to 


r/J 








^ 


o 


O 


O 


O 


O 


O 


O 


o 


o 


o 




o 


CQ 


M 


pq 


03 


M 


03 


03 


03 


03 


hJ 


m 



o 

c 
p 

o 
;?; 
o 
o 



H 

P 
o 
o 

ui 

o 

CO 



03 



i g 

u > 



^ S 









■;3 -^ 



s S 03 



< 'h^ 



« 



03 



_o ^ S 



M ii 

n ^ 



0) -73 



S P :5 ?3 ^ 



03 






2 «^ 03 O 



2 .'K c£ _^ ^ ^ h ?. S 2 









O a; -rj 



•^ •" ^ 



i « ^ 



^ ^ ^ W = 



rid 

^ 03 



W 



01 c3 

03 O 



J k:i a 

2 03 © 



h^ O 



* 

* C! 
.3 03 



B to 
>. .S 



^ M fe»- 



- ^ .5 i3 r^ 2 >, 











T5 


o 


!:. 


d 


O 




r/l 


>i 


<U 




^ 


a 


fcr 



u 



* 

o 
>5 



03 






3 ^ -S aw C:^ 






03 






<j5 ^ O h^l ►^ 03 



(B JS 



5 fa 
5 ii 



* "S 



c3 
Oh 



« ^ 



^^'+'(M<^^oso5050s<ocoe'^eooo^»t>- 



,-lr-(C](MCl(M(MT-lr-(>-H(M(M(NeOeO 






tfl 



Change of Names. 



743 



fl a fl s 

O O O Q 

+a 4J -tJ -P 

m GO CO en 

O O O O 

M eq W M 



a a a 
o o o 



o o o d o o o 
pq pq pq pq pq pq pq 



^- g 






a 



3 s 






in O) ^ 






010 ^ -*j ^ _aj 43 3 

<5 W W W W PL, P4 



CO 

O 


c3 

o 


.5 


5 


P^ 




t^ 








S 


P 




a 


P^ 


« 


C/J 


ci 


>- 


r^ 


.s 


OJO 


c5 



o) P -5 



hJ O •-:! 



* fl 

(U 1=1 
^ I 



* 



S ^ 



N3 "— « "r! 



.2 ^ 



03 ^ 



CD . 



o a) 

S o i-* 





f5 


^ 




* 






* 


"a 


c« 






<v 


cs 


w 


ca 


l^ 




ID 


<v 










a 




a 


a 



M ^ ^ 



1^ ^ 



g o 



Ph 1^ ^ ^ 



H 

O 
O 

X 



6 


a 










^ 


rC 


fl 




a 




'cS 


<u 


^ 




Is 




^ 


<=i 


1-1 


M 


!» 




. 


• 




• 




s 












o 






























f3 




;-! 








>-i 




0) 


T! 














o 
pq 


a; 

a 
O 


a 


o 


03 

pq ■ 


o 

a 

O 
C3 


c« 

a 


S 


> 


s 


-a 


^ 


a 


M 


^ 


CO 


73 


w 


C» 


W 


<1 


hj 


be 














. 


. 




. 


. 














a> 




. 




. 


. 


125 


• 


• 




• 


• 


* 


• 


• 




* 


• 












* 




* 




* 


o 


CO 




be 


+ 




o 








a> 


T3 




o 




o 


',-! 


O 


1-) 


p:5 




^ 


o 




<B 




pq 
a 




.a 








OS 


o 


,C5 


0) 




a 


03 





<1 


CO 

o 




W 


CO 


O 


>-i 




i>. 


C5 


00 


Tt^ 


00 






tH 


C^J 




1—1 




fl' 






r^ 






c3 






CJ 






•-3 






i^ 







744 



Change of Names. 



& 

o 
!?; 
o 



H 

U 
O 

o 

X! 

CO 



g 






























a 










■ti 




















2 










1^ 




















'* 










o 




















« 






'H 


r^ 


3 








3 


r^ 




3 








a 


c 


c2 


O 


ri 


OJ 

^ 


£ 






a 


CO 


r; 


d 






k> 


X 

o 


(U 




^ 


^ 




^' 


1— ( 


15 


'rt 


^ 


% 




CO 


^ 


m 


W 


55 


h:? 


J 


CO 


n 


c« 


CO 


h^; 


yA 






. 


. 


. 




, 


. 


. 


. 


. 


. 


. 


. 


a 






























o 






























■u 






























CQ 






























^ 






























tf 






• 












^ 












^ 




• 


• 


M 

o 

1 


• 




M 


t3 


4) 




• 


^ 




00 


o 


O 




."" 


Ph 






OJ 
^ 


e2 


"73 






H 




-S 


■1^ 




a; 




<D 


^ 








8 


S 


13 


0) 


3 


^ 

M 






0) 


O 






JO 

'3 


Q 

o 


0) 

CO 


^ 
^ 


a 
w 

p4 


o 


^ 








p5 






^ 




CO 






o 
O 


1 


1 


QO 












M 

s 







53 

'T3 

a; 


3 
0) 


is! 


to 

a 


s 


0) 






w 


;s: 


s 


5 


pl4 


ffi 


<: 


Ph 


o 


1-5 


s 


H^ 


Q 




• 


• 


• 


• 






* 


• 


• 


• 




• 


* 


• 












































































o 




















* 










^ 


















. 






^ 






O 


* 


, 


, 




, 


, 


, 






rO 


* 








aj 


'^3 


















0) 










-M 


o 














«; 




CO 












o 














E 


r2 


C3 


-2 










CO 












C3 
o 


"3 
a 


a 


•-S 


aj 


• 






03 




• 


• 




0) 


• 




•a 

O 


.2 


5^ 

■S 


'2 


* 

a 


* 


* 

to 

;5 


+3 


o 


* 

>-> 


6 


* 

13 

r3 
O 

o 


eg 


• 
7^ 






3 
O 

> 


2 
CO 

's 
a 
Pi 


3 




^ 

^ 

3 
^ 
^ 


.2 






o 

s 

<v 




O 

a 


% 
'5 






i 


ao 


• 


• 


• 


• 


' 




• 


* 


• 


• 




• 


* 


Q 


r- ■ 


" 


• 


• 


• 


• 


* 














' 


«H 


«S3 


i-H 


iH 


CO 


lO 


VO 


CJ 


CO 


eo 


t^ 


o 


Tt< 


t^ 


iC3 


o 








r-l 


1-^ 


<N 




r^ 


CI 




Ol 




»— I 






<5 












^ 
s 










-4J 
O 

o 





Change of Names. 



745 



^ 'S 



Q 1=1 ?? S 



^ ?, ^ ^ 















g 
o 

03 






be 









'2 fee 

s ^ 



^ 
« 



o 



a ^ ^ 



t 



5 w 



-S ^ .3 w 



-?= -^ 



O 



=) T3 



TJ O ^H 



•s S 



,3 =5 



o) 2 "* 

r*^ '^ r^ 



^ .S 



M 



M 



O CO .'X 



^ W O W 



c3 



•s -s W 






w 






O 0) 



p^ 



W 



^ W 



a 
a 



Ph 



cS 


fe 


a 


Q 




n 


t^ 


(>2 


u 


;-i 


C3 


0) 


s 


S 


J3 


^ 


c/; 


o 

o 

!> 


CO 


cc 




W 


PL, 


'^S 




>j 


u 


P J 


i=l 








<s 


0) 



O ^ K P^ W 



-a 

bp 

O I 

o 

rO 

• g 

''S (>> 

W -^ ? "» :^ 

i s- ^ H I i I -: « « 3 1 : i i i I 
II -o 2 fi 1 2 1 a I ^, ^ ^ § s i| s 

g^^-^'SS^g.g^^ag^'lo^^ 

i3£"Siasss^ga2sjs£^ 



»— It— ivoojioiooioojioioc^oscocjsoeot- 



<5 



S 



746 



Change of Names. 



ft 

Q 
t3 

i-i 

o 

o 
a 

I 

H 
5^ 
P' 
O 
o 

cc 
W 

Q 
« 




Change of Names. 



747 



<B 


fl 


6 


a 


;__J 


'E 


O 


'E 


0) 


<u 


(P 


a 


■s 


a 


o 


^ 


o 


s 


• 


• 


o 






^ 






a 






crt 






m 


hn 


. 


.-s 


bo 




[^ 


O 


(U 


1^ 


0) 


<o 


(Tl 


o 


<u 


to 




H 


fl 


-4J 




4iJ 




3 


O 


o 


o 


,£) 


g 


4) 




-t^ 


O 




i-i 




■T3 


<D 


;-! 


W 


o 


C5 




• 


• 






^ 






o 


















m 












bO 




-^ 


a 
o 


fl) 


ci 


h:? 


-4J 


cn 


(» 


^ 




A 


^ 


T3 


a> 


-r; 




bo 

Pi 












tS 


0) 


> 


f=5 


o 


\A 


o> 


OS 


CO. 


r^ 


tH 


Cl 



H 

P 
o 
o 

H 
W 

o 

P5 
o 



^ <B 



^ <1 ^ 





hn 




• 


4) 




S 




o 


4^ 


bO 

T) 


T3 

1 

o 




P5 


CO 

o 

1 


1 



C3 



bo 



^ ^ W ^ S 



c3 
O 



o) a> ^ 



Ph 



pq 
+3 a 



^ I 



S ^ a 

«« ^ pm g 55 

^ .t^ w 

"^ h^) -e 



'« 






-t3 

o 



-a 

a 



-S. 



fl rfl 

« O) _, 

CO H3 g 



1^ i^ 






H -fl 



iJ H^l 



^ ^ 



o ?> .a 

S3 fsj S 









•^ M 



>-> bo 

3 



M S W 



2 ''^ 
<1 Ph 



g 
o 

c6 



li 



.a 

pq 



Ph 



Ph 



C3 



•r; n3 
Ph O 



.2 -2^ .3 a> 



B % ^ ^^ ^, 



3 

a 

A 
bo 



.2 ^ § W 



Pm 

c3 
Q_, fl 



■:« is 



;3 f^ s M 



S Q ii 



^ pp 






bo 

fl 



rHi— li— imif5lOOO>»COSOS05(MCl 



fl 



Ph 



^ 
^ 



P. 



748 



Change of Names. 



Q 

P 

o 
o 



H 
O 

W 
H 

W 
O 

o 



« 




























o 
















































A 








•3 




















bD 








'to 






^ 














3 








S 


b 


-d 

L^ 


a. 







c 





s 









£0 


C 


'd 




s 


c3 


0^ 


JH 


% 





v 


cS 


• 


'"^ 


^ 


<u 


b 




£ 


> 


9 


rt 





+5 





t~l 





"^ 


^ 


^ 


<2 








r-t 








6 


s 


ri4 




<5 


3 








1 




: 


+3 


: 


: 


: 


: 






"; 




": 


, 


, 






^ 




























bB 




























• f-< 


























• 


;-( 




• 


* 


• 






• 


• 


• 


• 


• 






^ 










;-i 














U 
S 




1^ 




'2 


G 



C3 


0) 

C 


S 


a 

CO 


02 









c 


.2 


IZi 






u 


0) 


fcX) 
CO 


[0 




;3 




ID 




CO 




;3 

c 
.2 




s 


CO 


'0 


03 





K- 


s 


•-3 


P^ 


CO 

0) 


:§ 






1 


s 


e3 







.2 


.2 







n3 

3 




'« 

^ 




c3 
CO 









^ 


■| 


PQ 


;3 




6 


(4 


w 






o 




• 






• 


• 










• 
































• 


*R 


• 


• 


• 


• 






• 














o 




























hH 




























1^ 


























• 


-2 




• 


• 


• 


• 




• 


^ 












c3 
















a 












^ 
















e€ 








i 

c! 


• 




• 


• 


• 






• 




:S 








>^ 




<c 

























"rt 




•2 














■ra 


f3 








C 
'3) 

O 


2 

a* 

1-5 


■+3" 

to 

c3 


0) 

CO 

D 

.s 


S 

c 

_c3 


c 




m 
1 


0^ 


1 

8 




PQ 


• 


B 






& 


Ti 


"? 


'3 




CO 


'cC 


C3 





■i 












cS 
U 


;& 


^ 


5 




3 


c3 


ID 



C3 




i 


80 


• 


• 


• 


• 


• 


• 


• 


• 


* 


• 


• 


• 


A 


r- 








• 




• 




• 


• 


• 






*M 


oo <» 


t- 


i> 


1— I 


r-H 


eo 


« 


t^ 


t- 








t^ 


t- 


o 






<M 


CJ 






<-i 




T-H 


(M 


l-H 


»— 1 


^ 


H j^ 


























1 




^ 








02 






> 













<5 


s 












^ 






Q 







c 


c 







Ji 




Q< 


io^ 




£ 


a 




rt 


eg 






^ 










^ 














^A 


;2; 


>^ 


<s 


;^ 


H 





bp 


!2i 







P 


3 


-^ 





fr. 







<5 


n1 




CO 

0) 


H 


P5 




r 


1— ( 





;^ 


1—1 






CO 


• 


• 


p-> 






s 


. 


. 


<J 












(^ 


• 






3 


hf) 




¥. 


iS 




a 


U4 










JS 


J3 




^ 


cd 

s 




^ 








B 




3 



r 




a 




to 


eo 




»H 


•c 




efl 


A 




s 


<i 



Change of Names. 



749 





fcJD 




e3 
O 


.a 
P5 


0) 


PI 




P^ 


B 


b 


OQ 


o 
pq 




;^ 


m 


a> 


c3 


(V 

C 


i^ 


s 


bx) 


a 


s 


<; 


w 


w 



c .2 

<1 S 



w 




1-^ 


CO 


a 


eS 


01 


«) 


a 


J' 


o 


<J 


P^ 


W 



•«* (M t^ 



►^ ft 



H 

O 

w 





















■73 








p 














<0 




S: 



















% 




o 
a 


a) 





T3" 


6 



M 





2 


2 

be 


0) 

R 


.s 

a, 














HH 




HH 







^ 


a 


« 
^ 





a 




• 


• 


• 


• 


• 


• 




• 


• 
























bn 






















0) 






















S 






















c3 


* 


• 




• 


* 


• 


* 








cd 


-J3 




0) 


CO 

a 


:g 


ri4 











'a3 

CO 




+3 




a 


H 


> 

CO 


fa 





a) 

a 




0) 


ft 


. 


IB 


aj 




bX3 

ft 


1 


he 

pi 

C3 


.r-t 






3 


03 


-ti 


-ti 





q 


Ph 


-H> 





a 




^ 


ce 


o 




^ 




CS 


fl) 


Oj 


^ 




1 


0) 


1-q 








w 


P^ 


ft 





<1 


H 


ft 


ft 


• 




• 


• 


• 


• 


13 








• 














c« 


















ri 




a 










© 




. 


. 





. 






. 




. 











fcC 

c 


03 


ci 
ft 




WJ 






ee 




. 


« 


H 


rC 




<1> 

r£3 






05 






w 


is 


^ 




bo 






^ 

W 




N 




ft 

^3 


M 




ft 


03 




^1 




■3 


•r3 






^ 
fi 


^ 


ft 






05 


<5 


^ 







'^ 


4=^ 



C3 





5 


ft 

a 







.2 




-a 




a 


a; 


'S 

c 




■a) 


i-:i 


fi* 





ft 


M 


ft 


ft 


<! 


K 


>^ 


ft 


10 


»— 1 


(M 


t^ 


"* 


CO 


eo 


1— ( 


■<ti 


CO 


eo 


,0 


!3 


< 


^ 
^ 


c 






bJD 
<5 


02 


1 


c5 



750 



Chakge of Names. 



6 








































a 




















a) 




















■a 




















1 


^ 


1 

02 

4) 




a; 

1 

a 
o 


2 

o 


o 


2 


So 

i 


ontague. 
range. 




o 


!2; 


o 


<5 


^ 


O 


< 


o 


S 


•6 


• 


• 


• 


• 


• 


• 


• 


• 


• • 


S 




* 




• 


• 


* 


* 


* 


• " 














































a 
















O 




o 
















C3 




CO 

P5 






'd 


^ 

F^ 


-4^ 




S-i ' 


^ 




O 




C 


o 






CO S 








a 

n 


3 


(V 




•7I 


S -2 








'B 
H 


d 

c8 


g 

a 




12; 


1-3 


a w 

^ 0) 




!2; 


cc 
1— ( 




1=1 


a 




S 


1^ t-s 


I 


• 


• 


• 


• 


• 


• 




• 


• • 


cj 




















!?; 




















1 


• 


* 


* 

2 


* 




# 






* 


•E 
O 


« 


CO 

c3 




'o 


'a 

CO 
c3 


o 


en 


* 
be 


er II. Saxto 
s E. Bliss * 






1 






W 


1 


r5 

pq 




"^ a 




« 




• 


• 


• 


• 


• 




• 


Q 


f • 


• 


• 


• 


• 


• 


• 




• 


VI 


* I— 1 


lO 


t~- 


I— ( 


■^ 


rM 


CO 


eo 


eo 


® 






OJ 










«— ( 






















C3 


a 




^ 




3 




-(-5 

a, 






Q 




i-S 


1^ 


<1 




►^ 




CO 





H 
12; 

O 
o 

w 
P5 



ci 


'« 






r^ 






, 


t/. 


CO 




s 


^ 


i^ 


a) 


1 


H 


Ph 


k5 


;-) 



^ -B 



5 O 
Pi ^ 



fe: ^ - <J 



•2 ^ 



W 



CO 



1^ O 



^ _c3 



O 



Ph 



bo 
■^3 







■3 


a> 


,c3 


Pi 


^ 


-►J 


'd 




-S 


S 


s 


.a 


d 


< 


H 


^ 



3 
m 



o 



10 CO CO ^ 



Change of Names. 



751 



<j3 




q5 












bO 




bf) 












-W 




T! 




























d 




;h 












^ 




,o 












M 




M 












o 


, 


o 












^, 


•73 


^ 


<B 






(D 


-TS 


<J) 


CO 


(J; 


rt 


pi 


OT 


03 


<p 


■*3 




CO 


n3 

CO 

1=1 


a 

< 


T3 
• 1— 1 


1 

-1-3 




• 


• 


^ 


^ 


• 


^ 


^ 










0) 










" 


• 


• 







• 








& 




d 






P^ 








o 






& 






rt 




r 1 






03 




• 


J3 


• 






• 


Pi 


■ — ! 




02 




O 






W 


c3 


g 

1^ 


1 
-d 


2 


i 


0) 




ca 

c« 

a 
a 

bjo 






o 

a 




a 


Q 


(D 
















-M 




>-> 








(« 


o 




0) 


t» 


; ] 


^ 


S 


^ 


(U 


ffi 


o 


W 


w 


H 


C^ 


o 


o 


• 


• 






^ 


• 


• 












o 
































tu 








•d 


• 






^ 




• 


• 


i? 








m 






-S 


^ 


. 




. 


'o 




. 


!3 


hn 








c3 


o 


^ 


o 


41 

Q 


5 


'« 


-51 


Ph 


'3 




eS 


o 


is- 






fl 


^ 




<1) 


a; 


O 
o 


a 


p 


CO 


a 

CO 

01 




M 




g 


r^ 


;h 


u 


•+J 




t>1 








(rf 


ce 




O) 


(> 


^_5 


^ 




J3 




w 


o 


W 


W 


H 


\M 


O 


O 


•* 


o 


<r> 


o 


o 


CO 


eo 


eo 




t— 1 


1— 1 


I— ( 


rH 


7-{ 








3 












> 

o 



H 

o 
o 

1-5 
o 

o 









v 












^ 












-p 
























o 












&, 




-a 


c3 


a 


a 


c3 


P! 


05 


'oj 


CO 

g 


^ 


-s 


O 

1^ 


^ 


ri3 

O 


a 


o 
M 


03 


o 

pq 


05 


• 


• 


• 


05 


• 






1 




fl 












05 






^ 


0) 

^3 


o 






M 


li 


? 


;h 


S 




c3 


O 


^ 


-3> 

CO 

05 




fco 


''~\ 






.^3 


05 


a 


'^ 


IS- 
1^ 


H 


u 

PI 


l-I 


o 


a> 




!>. 


01 


m 


^ 


t> 


r! 






fl 




o 


C3 


S 
^ 


c« 


fa 


• 


• 




. 


a 


• 




• 




• 














03 


r^ 




05 






Pm 


05 

PI 
< 


P! 
O 

P^ 

CO 


o 

a 

o 


o 


P 

^ 


05 

o; 


■*^ 
05 

c3 

N 


O 
Pi 
o3 

fa 


< 


c3 

CO 

1— 1 

Pi 


o 


O 

03 


s 

& 


a 
.3 


CO 


^ 


^ 


s 


s 


!^ 


CO 


o 


l^ 


CJ 


h- 


o 




Ol 


r-H 


(M 


1—1 


(N 


c 




p 


(>> 


>-, 


> 






Oi 


crt 




o 


^ 




<! 


^ 


t-3 


525 



752 



Change of Names. 



*-i t- rt 
r! O O TTn 



o 




o 

73 


■*S 


^ 




-^ 


t3 


c2 


bo 

3 




0) 


o 




2 


eq 


o 


o 

3 




pq 


O 


s 


& 


1^ 


^ 


P 


E: 


-p 


-k3 


^ 


^ 


« 


n^ 


4) 


a 


OJ 




a> 


rt 


r! 


<i> 


<y 


o 


(-( 


12; 


P 


^ 


CC 


!2; 


P 


Q 


!2; 


^ 


p=^ 


Ph 



-3 S 



^ V3 ;-, O 









■^ C_i Si- 



12; <5 



-3 

a> ■ 



O 

O 
H 



bo 






? risS 



c3 2; '*-' 



>. ^ ^ 

« s a 

(U l! 4) 

0^ 



c« i-s o 



23 



c« 3=^ 



<v O 






i ^ .5 a -TJ - 



• .2 -^ 

fci? -^ •£ 



O rj 



O S <5 S CO 

-fi ^ >, .2 

* ^ b s 

;S rl CS rH 



S "^ 



3 _c| kJ •^ 



. ci 



a ^ bij o? _ 



r) M c_, 









P3 H 



P3 



i « ^ 1 

5 -^ 5 HH 



o 

p^ 

« 

a 

« 

»-3 



c3 



c3 

eg W 

0) ^ 






(j^ "S C3 WH 



Pm -< c« 



i fS ^ .s 



tD pq >^ 



^ B -^ 



1 -^ ^ 



I— 1 P- 's 



.2 (^ 



5 t^ 



w 



s 



pq 



s a 



e3 
»-3 



c .2 



P3 W 



Pm <; "JJ 



»-5 "S t/3 



O ^ 



Change of Naimes. 



753 



03 fP <fl 

1"^ CD 

^ J M 

pm !2; S 



-a 

3 
eg 



o 
o 
O 

1=1 
o 



rj -w I— ( 

goo 

fril 



.fc !9 -^ 
^ =^ '" 



a 



02 



W =^ ^ 

£* 3 3 
^ !^ ^ 



«0 CO !>• 

















a 














a> 




<U 






o 






Ol 








1^ 




ce 






fn 














3 




3 






d 






^ 






























P^ 


02 


IB 




b 


4) 




"d 


i 




§ 




O 

C/2 


o 

CO 




o 


'J 

d 


> 
O 

d 


j3 

d 

o 
02 


1 




1 

o 


be 

d 




• 


• 






• 


• 


• 


• 


d 


• 






1 
P 






O 

S 
bo 


d 


<D 

a; 


O 




o 

a 

O 


o 

d 
o 

o 


e3 


o 


c5 


c» 


02 


d 


W 


Ph 


^ 


^ 


ci 




W 


13 




I 




0) 


0) 

-(J 








d 


(B 

d 






^ 




rt 

S 


,£3 
O 






S 




^ 


O 


. 




. 




. 


. 


. 






. 




^ 
























>^ 


. 




. 


. 


. 


. 


. 






. 




iJ 
























fL, 


• 




• 


* 


• 


• 


• 












PI 

o 
o 


* 


* 


d 

d 

03 


* 

CO 

3 


i 

'd 

CQ 


* 


* 


* 


* 
pq 


* 

d 

2 
"d 

d 




O 

a 

1 


o 

ill 
.^ 
a 






rd 

Q 


1 
•-3 


1 


0) 
c3 


d 

o 

d 

d 


<D 

d 

S 
O 




"^ 


UO 


CO 


eo 


CO 


eo 


aD 


CO 


tH 


lO 


05 




iH 


»H 


rH 


tH 


r-( 


rH 


(M 


o\ 


tH 


(N 








<1 


^ 
S 








fc/D 

d 


■1-3 


^ 

^2; 




6 





CO 








d 




d 




0) 




P 




-ta 


>H 


^ 




c3 

w 

Oh 


P 


2 


O 


^ 


Q 


a 




u 


W 




iJ 


d 






PM 


o 


<l 


•-^ 


H 


, 


CQ 




^ 




P3 




<1 




pq 






-+3 




a; 




^ 




c3 




w 




,i4 




o 




o 




1-3 




Ti 








> 




c3 




P 




CO 




I— 1 




be 




d 




< 



THE 



CIVIL GOVERNMENT 



dTnmmnnfotalt]^ ai P^assarljusrtts, 



A2TD OFFICERS IMMEDIATELY CONNECTED THEREWITH, FOR 
THE POLITICAL YEAR 

1879. 



EXECUTIVE DEPARTMENT. 



HIS EXCELLENCY 



THOMAS TALBOT, 

Governor. 
WILLIAJM M. OLIN Private Secretary. 



HIS HONOR 



JOHN D. LONG, 

Lieutenant-Governor. 



COUNCIL — (By Districts). 

I. — JOHN S. BRAYTON Fall River. 

II. — WILLIAM O. TAYLOR Boston. 

III. — GEORGE P. CARTER Cambridge. 

IV. — CHARLES McLE AN Boston. 

v. — HARMON HALL Saugus. 

VI. — JOSEPH A. HARAVOOD Littleton. 

VIL — WILLAM UPHAJkl Spencer. 

VIII. — TILLY HAYNES Springfield. 



HENRY B. PEIRCE, 

Secretary of the Common-^vealth. 

HENRY J. COOLIDGE, 1st Clerk. ISAAC H. EDGETT, 2d Clerk. 

GEORGE G. SPEAR, Jun., 3d Clerk. 

CHARLES ENDICOTT, 

Treasurer and Receiver-General. 
DANIEL H. ROGERS, 1st Clerk. JOHN Q. ADAMS, 2d Clerk. 

CHARLES R. LADD,* 

AODITOR. 

AUGUSTUS BROWN, 1st Clerk. EDWARD S. DAVIS, 2d Clerk. 



GEORGE MARSTON, 

Attorney-General. 
FREDERIC H. GILLETT .... Assistant Attorney-General. 

* Appointed by the Governor, May 2; qualified May 5, 1879; Vice JuUua L. Clarke, 
resigned. 



LEGISLATIVE DEPARTMENT. 



GENERAL COURT: 

Akkanged in Accordance with the District Revision of 1876. 



SENATE. 



President — JOB^N B. D. COGSWELL. 



District. 


Name of Senator. 


Residence. 


First Suffolk . 


Eben Hutchinson 






Chelsea. 


Second " 


Eugene L. Norton 






Boston. 


Third " 


William Taylor 






Boston. 


Fourth " 


James White . 






Boston. 


Fifth " 


John B. Martin 






Boston. 


Sixth " 


Alvah A. Burrage 






Boston. 


Seventh " 


Albert Palmer . 






Boston. 


Eighth " 


Joseph S. Ropes 






Boston. 


First Essex 


Nathan M. Hawkes 






Lynn. 


Second '* 


Stephen F. Blaney 






Peabody. 


Third " 


Jonas H. French 






Gloucester. 


Fourth " 


George W. Gate 






Amesbury. 


Fifth '« 


Stephen Osgood 






Georgetown. 


Sixth " 


Jacob Emerson . 






Methuen. 


First Middlesex 


Benjamin F. Hayes 






Medford. 


Second '* . . 


Robert R. Bishop 






Newton. 


Third " 


Asa P. Morse . 






Cambridge. 



758 



Senate. 



Xame of Senator. 



Residence. 



Fourth Middlesex 
Fifth 
Sixth 

Seventh " 
First Worcester 
Second " 
Third " 
Fourth " 
Fifth " 
First Hampden 
Second " 
Hampshire 
Franklin . 
North Berkshir( 
South " 
First Norfolk 
Second " 
First Plymouth 
Second " 
First Bristol 
Second " 
Third " 
Cape 



Samuel N. Aldrich 
E. Dana Bancroft 
Daniel Russell . 
Francis Jewett . 
Henry C. Rice . 
William Knowlton 
James W. Stockwell 
Alpheus Harding 
Charles H. Merriam 
Charles L. Gardner 
A. C. Woodworth 
John L. Otis 
Henry Winn 
Dallas J. Dean . 
Justin Dewey . 
Nathaniel Wales 
Frederick D. Ely 
Joseph S. Beal . 
Jonathan White 
Ezra Davol 
Weaver Osboi'n 
Hosea M. Knowlton 
John B. D. Cosrswell 



Marlborough. 

Ayer. 

Melrose. 

Lowell. 

Worcester. 

Upton. 

Sutton. 

Athol. 

Leominster. 

Palmer. 

Chicopee. 

Northampton. 

Buckland. 

Adams. 

Gt. Barrington. 

Stoughton. 

Dedham. 

Kingston. 

Brockton. 

Taunton. 

FaU River. 

New Bedford. 

Yarmouth. 



STEPHEN N. GIFFORD 
ISAAC DUNHAM 
O. F. MITCHELL 



aerk. 

Chaplain. 

Sergeant-at-Arms. 



House of Representatives. 



759 



HOUSE OF REPEESENTATIVES. 



Speaker — Levi C. Wade. 





COUNTY 


OF SUFFOLK. 




District. 


Ward. 


Name of Representative. 


Besldence. 


1st, 


Boston, Ward 1 


■■{ 


George T. Sampson . 
Richard Beeching . 


Boston. 
Boston. 


2d, 


Boston, Ward 2 


■\ 


William J. Burke . 
William A. Foss 


Boston. 
Boston. 


3d, 


Boston, Ward 3 


■ 


John B. Norton 
Jeremiah J. Crowley, 


Boston. 
Boston. 


4th, 


Boston, Ward 4 




Joseph W. Davis 


Boston. 


5th, 


Boston, Ward 5 


•1 


John H. Dee . 
John H. Sherburne . 


Boston. 
Boston. 


6th, 


Boston, Ward 6 


■\ 


James L. Quigley . 
Cornelius Desmond . 


Boston. 
Boston. 


7th, 


Boston, Ward 7 


■\ 


Neil Henry 
Richard Roach 


Boston. 
Boston. 


8th, 


Boston, Ward 8 


■{ 


Dennis O'Connor 
James L. Locke 


Boston. 
Boston. 


9th, 


Boston, Ward 9 


■\ 


Edward F. Thayer . 
George W.Lowther . 


Boston. 
Boston. 


10th, 


Boston, Ward 10 


•1 


Thomas Russell 
Ai-thur J. C. Sowdon, 


Boston. 
Boston. 


11th, 


Boston, Ward 11 . 


•1 


Charles J. Prescott . 
Hamilton A. Hill . 


Boston. 
Boston. 


12th, 


Boston, Ward 12 


•1 


Patrick F. Murphy . 
Edward J. Jenkins * 


Boston. 
Boston. 


13th, 


Boston, Ward 13 


■{ 


James A. McGeough, 
Thomas F. FitzGerald, 


Boston. 
Boston. 



* Resigned April 3. 



760 



House of Eepreseistatiyes. 
COUNTY OF SUFFOLK — Concluded. 



District. 



Town or Ward. 



14th, 

15th, 

16th, 

17th, 

18th, 

19th, 

20th, 

21st, 
22d, 
23d, 

24th, 
25th, 

26th, 



1st, 
2d, 

3d, 



Name of Representative. 



Boston, Ward 14 

Boston, Ward 15 

Boston, Ward 16 

Boston, Ward 17 

Boston, Ward 18 

Boston, Ward 19 

Boston, AVard20 

Bofton, Ward 21 
Boston, Ward 22 
Boston, Ward 23 

Boston, Ward 24 

Boston, Ward 25 

r Chelsea . 
} Hevere . 
( Winthrop 



Charles J. Noyes 
George H. Bond 

Alonzo Warren 
John F. McMahon . 

Joseph H. O'Neil . 
Timothy B. Spillane, 

John Q. A. Brackett, 
John Sweetser . 

Henry D. Hyde 

1 1 Lewis Coleman 

( John Joyce 

I Francis E. Hines 

C 1 Payson E. Tucker . 
I { James B. Graham . 

< Henry W. Fuller . 
■ 1 1 Arthur W. Tufts . 

William H. Carberry, 

Matthew Bolles 
H. Aug. Johnson 

Joseph Wiswell 
Edward B. Callender, 

Joseph Bennett 



Elbridge C. Donnell, 
Charles H. Ferson . 
Rufus Trussell 



Kesidence. 



Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Bo.ston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 

Chelsea. 
Chelsea. 
Chelsea. 



COUNTY OF ESSEX. 



( Rockport 
1g1( 



Gloucester, Wd. 7 . 

( Gloucester, Wds. 1, 
I 2, 3, 4, 5, 6 

f Gloucester, Wd. 8 . 

J Essex 

I Manchester 

[_ Hamilton 



Amos Rowe 

Stephen Rich . 
Charles H. Wonson 



John F. James 



Rockport. 

Gloucester. 
Gloucester. 



Essex. 



House of Representatives. 
COUNTY OF ESSEX — Continued. 



761 



Town or Ward. 



Name of Eepreaentative. Residence. 



4th, 
5th, 
6th, 

7th, 

8th, 
9th, 

10th, 

11th, 
12th, 

13th, 

14th, 
15th, 

16th, 

17th, 

18th, 



( Wenham . . ) 
\ Danvers . . . ) 

Beverly . 

Salem, Wds. 1, 2, 5, j 

Salem, Wds. 3, 4, 6, j 

( Marblehead . . > 
( Swarapscott . . j 

Lynn, Ward 3 

(Lynn, Wards 1,2, 4 
] 5,7 . 
(Nahant . 

Lynu, Ward 6 

Peabody . 

f Saugus . • 
J Lyuufield 
) Middleton 
1, Topsfield 

j Andover . 

( North Andover 

SBoxford . 
Rowley . 
Ipsvi^ich . 

( Newbury 

■J Newburyport . 

{ Wds. 1, 2, 3, 4, 5, 6 

( Georgetown . 
J Groveland 
( Bradford 

f West Newbury 
j Salisbury 
I Amesbury 
[ Merrimac 



J. Albert Blake 

John I. Baker . 

Charles S. Osgood . 
George I). Glover 

Horace Brown . 
Nathaniel A. Horton, 

William P. Proctor, jr. 
Charles U. Litchmau, 

Amasa C. Robinson, 

C. A. Went worth, 2d, 
Daniel R. Piukham . 
VVilJiam Lyou . 

Thomas H, Day 

Henry Wardwell 



Dudley Bradstreet . 



Newton P. Frye 



Benj. F. Atkinson*. 
Samson Levy . 



Albert Kimball 



Orin Warren . 
Albert S. Adams 



Danvers. 

Beverly. 

Salem. 
Salem. 

Salem. 
Salem. 

Marblehead. 
Marblehead. 

Lynn. 

Lynn. 
Lynn. 
Lynn. 

Lynn. 

Peabody. 

Topsfield. 

No. Andover. 
Boxford. 



Newburyport. 
Newburyport. 



Bradford. 



W. Newbury. 
Amesbury. 



* Resigned April 29. 



762 



House of Kepresentatives. 
COUNTY OF ESSEX — Concluded. 



19th, 

20th, 
21st, 



Town or Ward. 



(HaverhiU, Wards 1 
] 2,3,4,5,6. 
( Methueu 

( Lawrence, Wards 1 
1 2,3 . . 

5 Lawrence, Wards 4 
1 5, 6 . . 



Name of Representative. 



William A. Brooks . I Haverhill. 
D. Smith Kimball*, i Haverhill. 
Edmund P. Sargent, Methuen. 



Abel Webster . 
Joseph J. xsichols 

Levi Emery 
Jesse Moulton . 



Lawrence. 
Lawrence. 

Lawrence. 
Lawrence. 



COUNTY OF I\nDDLESEX. 



1st, 


( Cambridge, Wards ) 
1 1,5 . . .\ 


Edwin B. Hale 
George W. Park 


Cambridge. 
Cambridge. 


2d, 


( Cambridge, Wards ) 
1 2,4 . . .| 


Lucius R. Paige 

A. Carter Webber . 

James H. Sparrow . 


Cambridge. 
Cambridge. 
Cambridge. 


3d, 


Cambridge, Ward 3, 


Joseph J. Kelley 


Cambridge. 


4th, 


Somerville, Ward 1, 


Richard E. Nickerson, 


Somerville. 


5th, 


Somerville, Ward 2, 


James Long f . 


Somerville. 


6th, 


Somerville, Wds. 3, 4, 


Jacob T. Glines 


Somerville. 


7th, 


Medford . 


John H. Hooper 


Medford. 


8th, 


j Maiden . 
( Everett . 


:l 


Elisha S. Converse . 
James P. Magee 


Maiden. 
]\lalden. 


9th, 


Melrose . 




Joseph D. Wilde 


Melrose. 


10th, 


Stoneham 




John F. Berry . 


Stoneham. 


nth, 


Wakefield 




Azel Ames, jun. 


Wakefield. 


12th, 


( Reading . 

} North Heading 

( Wilmington 


■ :l 


Daniel H. Wadlin . 


Reading. 


13th, 


Wobnrn . 




Montressor S. Seeley, 


Wobum. 


14th, 


( Arlington 
( Winchester 


• J 


Josiah F. Stone 


Winchester. 



* Seated by rosolution of ITouee ; Clinrlcs E. Kelly received certificate of election, 
but iliclimd Hcat bccaUHo of error in the returns of votes, 
t L*eceubed January 28; Charlu8 S. Lincoln elected February 18. 



House of Eepresentatives. 
COUNTY OF MIDDLESEX — Continued. 



763 



District. 


Town or Ward. 


Name of Hepresentative. 


Residence, 


15th, 


( Watertown 
I Behiioiit . 


■> 


William H. Ligraham, 


Watertown. 


16th, 


(Xewton, Wards 1,2 
1 3,4,5,6,7 


} 


Levi C. Wade . 
Charles E. Ranlett . 


Newton. 
Newton. 


17th, 


Waltham 
f Lexington 


■N 


David Kandall . 


Waltham. 


18th, 


J Buiiington 
] Bedford . 


V 

J 


Augustus E. Scott . 


Lexington. 




(^ Billerica . 






19th, 


f Tewksbury 
j Chehnsford 
j Tyngsborough 
[ Dracut . 


>- 


John W. Peabody . 


Dracut. 


20th, 


Lowell, Ward 1 




William M. Hoar . 


Lowell. 


21st, 


Lowell, Ward 2 




LeavittR. J. Varnum, 


LoweU. 


22d, 


Lowell, Ward 3 




Robert E. Crowley . 


Lowell. 


23d, 


Lowell, Ward 4 




James W. Bennett . 


Lowell. 


24th, 


LoweU, Ward 5 




William H. Wiggin, 


Lowell. 


25th, 


Lowell, Ward 6 
f Concord . 




John J. Pickman 


Lowell. 


26th, 


J Acton 
1 Carlisle . 
[Lincoln . 

f Weston . 


^ 


Richard Barrett 


Concord. 


27th, 


J Wayland 
1 Sudbury 
[ Maynard 


> 


Alonzo S. Fiske 


Weston. 


2Sth, 


Natiek . 




Francis Bigelow 


Natick. 


29th, 


5 HoUiston 
( Sherborn 


} 


Jonathan Holbrook . 


Sherborn. 


30th, 


j Hopkinton 
1 Ashland . 


} 


Jonathan Whittemore, 


Hopkinton. 


31st, 


Framingham . 




Joel C. Clark . 


Framingham. 



764: 



House of Representatiyes. 
COUNTY OF MIDDLESEX— Concluded. 



32d, 



33d, 



34th, 



35th, 



Marlborough 

C Hudson . 

J Stow 
I Boxborough 
1^ Littleton 

rWestford 
J Groton . 
1 Dunstable 
[ Pepperell 

fAyer 
J Shirley . 
1 Townsend 
[ Ashby . 



Name of Eepresentative. Residence. 



Daniel S. Mooney . Marlborough 



Edwin Whitney . Stow. 



Sumner P. Lawrence, 



Francis W. Wriarht 



Pepperell. 



Ashby. 



COUNTY OF WORCESTER. 



1st, 

2d, 

3d, 
4th, 

5th, 

6th, 
7th, 



( Blackstone 
( Uxbridge 

(Mendon . 
-^Milford . 
( Upton 

( Noi'thbridge 
( Grafton . 

( Westborough 
( Soutliborough 

'Clinton . 

Berlin 

Bolton . 
1 Sterling . 

Lancaster 

Harvard . 
^ Lunenburg 

Fitchburg 

' Wincliendon 
Asliburnhani 
Gardner . 
Westminster 

. Princeton 



Frederick Thayer . 

Homer W. Darling . 

Isaac N. Crosby 

[• Francis E. Fowler . 
[■ George Otis Brigham, 



Samuel R. Damon 
Abner Barnard 



Charles T. Crocker 
Luther J. Brown 



William H. Brown 
Wilder P. Clark 



Blackstone. 



Mendon. 
Milford. 



Northbridge. 
Westborough. 



Lancaster. 
Harvard. 



Fitchburg. 
Fitchburg. 



PHnceton. 
Winchendon. 



House of Representatives. 
COUNTY OF WORCESTER — Continued. 



76o 



8th, 
9th, 

10th, 

11th, 

12th, 

13th, 

14th, 
15th, 

16th, 

17th, 
18th, 
19th, 
20th, 



Town or Ward. 



Name of Representative. Residence. 



( Athol . 
I Royals ton 

C Petersham 
I Phillipston 
) Templeton 
(_ Hubbardston 

' Dana 

Hardwick 

Barre 

Oakham . 
_ New Braintree 

f Rutland . 
! Holden . 
j Paxton . 
i Leicester 



rWestBrookfield 
Warren . 
Brookfield 
North Brookfield 
Stui'bridge 



r Spencer . 
J Charlton. 
1 Southbridge . 
[Oxford . 

Douglas . 
Webster . 
Dudley . 

Auburn . 
Millbury;. 
Sutton . 

f Shrewsbury . 
J Northborough 
{ Boylston 
[ West Boylston 

Leominster 

Worcester, Ward 1, 

Worcester, Ward 2, 

Worcester, Ward 3, 



Leander B. Morse 



Lyman Clark 



Chauncy Loring 



Charles R. Bartlett 



Theodore C. Bates 
Joseph Smith . 



Samuel C. Paine 
George D.Woodbury, 



Robert Humphrey . 
George W. Rice 

David F. Wood 

George F. Colburn . 
Thomas J. Hastings, 
William A. S. Smyth, 
Frank D. Leary 



Athol. 



Petersham. 



Barre. 



Rutland. 



N. Brookfield. 
Warren. 



Oxford. 
Charlton. 



Webster. 
Sutton. 

Northborough. 

Leominster. 
Worcester. 
Worcester. 
Worcester. 



766 



House of Representatives. 
COUNTY OF WORCESTER — Concluded. 



District. 


Town or Ward. 


Kame of Representative. 


Residence. 


21st, 


•Worcester, Ward 4, 


xMatt. J. McCafferty, 


Worcester. 


22d, 


Worcester, Ward 5, 


James H. Mellen 


Worcester. 


23d, 


Worcester, Ward 6, 


Joseph H. Walker . 


Worcester. 


24th, 


Worcester, Ward 7, 


Calvin L. Hartshorn, 


Worcester. 


25th, 


Worcester, Ward 8, 


John D. Washburn,* 


Worcester. 



1st, 



2d, 



3d, 



4th, 



5th, 



1st, 



COUXTY OF HAMPSHIRE. 



( Easthampton 
■< Northampton 
( Southampton 

fHadley . 
J Hatfield . 
I Westhampton 
[ Williamsburg 

r Chesterfield 
Cummington 
Goshen . 
Huntington 
Middlefield 
Plainfield 
AVorthington 

{Amherst . 
Pelham . 
Prescott . 
South Hadley 

' Belchertown 
Enfield . 
Gran by . 
Greenwich 
Ware 



William M. Gaylord, 
Henry S. Sheldon . 



Royal M. Montague, 



Alvan Barrus . 



Edward P. Crowell 



Frederick N. Hosmer, 



Northampton. 
Southampton. 



Hadley. 



Goshen. 



Amherst. 



Ware. 



COUNTY OF HAJVIPDEN. 



fMonson . 
J Brimfield 
1 Holland . 
[ Wales . 



William J. Ricketts, 



Monson. 



* Resigned ; J. Maxcus Rico elected February 11. 



House of Representatives. 

COUNTY OF HAMPDEN — Concluded. 



767 



Town or Ward. 



2d, 

3d, 

4th, 

5th, 

6th, 

7th, 
8th, 
9th, 

10th, 
11th, 



f Palmer . 
J "Wilbraham 
I Hampden * 
[ Ludlow . 

Chicopee 



:j 



( Sprinsffield, Wards ) 

1 1,2^ . . ■; 

j Spring-field, Wards > 

I 3, 6 . . .; 

( Sprin^cfield, Wards 
J 4,7 . . . 
( Longmeadow . 

5 Springfield, AVards ) 

1 5,8 . . .| 

{ Holyoke, Wards 1, ) 
1 2, 3, 4, 5 . .; 

Holyoke, Wds. 6, 7, > 
West Springfield . | 



( Westfield 
-; Agawam 
( Montgomery 

f Soiithwick 
I Granville 
J Tolland . 
] Blandford 
j Chester . 
l^ Russell . 



Name of Representative. 



Benjamin F. Burr 



Frank H. Morton . 

William Pynchon 
Jonathan E. Shipman. 

Charles R. Ladd 



Eleazer S. Beebe 

Elisha