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

r/^ 



ACTS 



RESOLVES 



PASSED BY THE 



^cjwral O{0itrt of gllajisatlmsettfi, 



IN THE YEAE 



1880, 



TOGETHER WITH 

THE CONSTITUTION, THE MESSAGES OF THE GOVERNOR, 

LIST OF THE CIVIL GOVERNMENT, CHANGES 

OF NAMES OF PERSONS, 

ETC., ETC. 



PUBLISHED BY THE 

SECEETABY OF THE COMMONWEALTH. 




BOSTON: 
Ifilanti, Sbcrg, $c (Eo., printers to t!je €ammanijiea\il}, 

117 Franklin Street. 
1880. 



A CONSTITUTION 

OB 

FORM OF GOVERNMENT 

FOR THE 

Commontocalt!) of fHassadjusctts. 



PREAMBLE. 

The end of the institution, maintenance and admistra- objects of go^- 
lion of government, is to secure the existence of the body 
pohtic, to protect it, and to furnish tire individuals who 
compose it Avith 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, tL& |»eople 
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 poimc, 
individuals : it is a social compact, by which the whole itTnatu"! ' 
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 fi-aming 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, Avith grateful hearts, the goodness of the great Legis- 
lator of the universe, in affording us, in the course of his 
providence, an ojjportunity, deliberately and peaceably, 
without fraud, violence or surprise, of entering into an 
original, explicit and solemn compact with each ot^er ; 



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 Constitution of the Cojsiimon- 

WEALTH OF MASSACHUSETTS. 



PART THE FIRST. 



Equality and 

natural rights 
pf all men. 



Right and duty 
of public reli- 
gious worship. 



Protection 
therein. 



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



Legislature em- 
powered to com- 
l)el provision for 
public worship; 



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

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

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

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

* Note. — Articles of the ori<;inal constitution and articles of amend- 
ment thereto which have become inoperative, by reason of subsequent 
amendments, are printed in smaller type and enclosed in brackets: obsoletp. 
portions of articles, in some instances confined to a sentence or single word, 
are covered by 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 legislatm'e with authority to enjoin upon all the subjects 
an attendance npon the instructions of the public teachers aforesaid, 
at si,ated 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 mrcinteaance. 

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 
religious sect or denomination, provided there be any on whose instruc- 
tions he attends ; otherwise it may be paid towards the support of the 
teacher or teachers of tlie parish or precinct in which tlie 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 jirotection of the law : and no subordination of any one sect 
or denomination to another shall ever be established 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 offi- 
cers of government, vested with authority, whether legis- 
lative, executive or judicial, are their substitutes and agents 
and are at all times accountable to them. 

VI. No man, nor corporation or association of men, have 
any other title to obtain advantages, or particular and ex- 
clusive privileges, distinct from those of the community, 
than what arises from the consideration of services I'cn- 
dered to the public ; and this title being in nature neither 
hereditar}^ 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, &e. 



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



Accountability 
of allofllccrs,&o. 



Services ren- 
dered to the 
public being the 
only title to" 
peculiar privi- 
leges, heredi- 
tary ollices are 
absurd and un- 
natural. 



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



CONSTITUTION OF THE 



Right of people 
to secure rota- 
tion in office. 



All, liaviTig the 
qualilications 
proscribed, 
ctxually eligible 
to office. 



Right of protec- 
tion ami duty of 
contribution 
correlative. 



Taxation found- 
ed on consent. 



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



Remedies by 
recourse to the 
law to be free, 
coraplctc 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 sucli manner as they shall establish 
by their frame of government, to cause their public officers 
to return to private life ; and to lill 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. 

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

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



COMMONWEALTH OF ]\IASSACHUSETTS. 



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. 

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

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

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

XVI. The liberty of the press is essential to the secur- 
ity of freedt)m 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 cvimiuuj 
cases, except, 
&c. 



Crimes to bo 
provL'il in the 
vicinity. 



Right of eearcb 
and seizure I'eg- 
ulated. 



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



Liberty of the 
press. 



Rii;lit to keep 
and bear arras. 
Standing armien 
dangerous. 

Military power 
subordinate lo 
civil. 



Moral quaiili^^a, 
tiona for oliioe. 



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- 
sions, and ob- 
jects thereof. 



Taxation found- 
ed on consent. 



Ex post facto 
laws prohibited. 



Legislature not 
to convict of 
treason, &c. 

Excessive bail 
or tines, and 
cruel punish- 
ments, i^ro- 
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 orderlj 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 casfts only as the legislature shall ex- 
pressly provide for. 

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

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

XXIII. No subsidy, charge, tax, impost or duties ought 
to be established, fixed, laid or levied, under any pretext 
whatsoever, without the consent of the people, or their 
representatives in the legislature. 

XXIV. Laws made to punish for actions done before 
the existence of such laws, and which have not been de- 
clared crimes by preceding laws, are unjusl^, 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 
lesfislature. 



COMMONWEALTH OF MASSACHUSETTS. 



XXIX. It is essential to the preservation of the rights 
of every individual, liis 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- 
lore, 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 sis they behave themselves well, and that the}' 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 poAvers, 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 STl- 

prcinc judicial 
court. 



Tonurc of their 
oflice. 



Salaries. 



Separation of 
cxccuUvc, ju- 
dicial and le- 
gislative dcparU 
meuts. 



PART THE SECOND. 

The Frame of Government. 

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



CHAPTER I. 

THE LEGISLATIVE POWER. 

Section I. 
The General Court. 

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

The legislative body [shall assemble every j-ear on the sce amend- 
last Wednesday in May, and at such other times as they °ients<Art. x 
shall judge necessary ; and shall dissolve and be dissolved 

2 



10 



CONSTITUTION OF THE 



Governor's veto. 



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



See amend- 
ments, Art. I. 



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



Courts, &c., 
may ailminister 
oatlis. 



on the day next preceding the said last Wednesday in 
May; and] shall be styled, The General Cotjet 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 clelaj^s, 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 lime, 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 



£^iven 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 
tliereof; 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, 
I)Owers 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 
otiicers : 



prescribe their 
duties ; 



Impose taxes ; 



duties and 
excises ; 



to be disposed 
of for defence, 
protection, &c. 



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



12 



CONSTITUTION OF THE 



Senate, number 
of, and by whom 
elected. 

Spc amend- 
ments, Arts. 
XIII., XVI. 
and XXtl. 



CounMeu to be 
disti'iutii, until, 
&c. 

See amend- 
ments, Arts. 
XlU.audXXn. 



Manner and 
time of choosing 
senators aud 
councillors. 

See amend- 
ments, .\rts. 
11., X., XIV. 
and XV. 



Pee .imend- 
inents, Arts. III., 
X.\.,XXIU. 
and XXIV. 



Word •' inhabit- 
aul " delined. 



CHAPTER I. 

Section II. 

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 coui't, 
in assigning the nitmbers to be elected by the respective districts, 
shall govern themselves by the proportion of the public taxes j)aid 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 necessaiy to alter the said districts, 
be districts for the choice of councillors and senators, (except that the. 
counties of Dukes county ami Xantucket shall form ono district for 
that i^iu'pose,) and shall elect the following number for councillors 
and senators, viz.: — 

Suffolk, six.; Essex, six; Middlesex, five; Hampshire, four; Plym- 
outh, three; Barnstable, one; Bristol, three; York, two; Dukes coun- 
t}"^ and Xantucket, one; Worcester, five; Cumberland, one; Lincoln, 
one; Berkshire, two.] 

II. The Senate shall be the first branch of the legisla- 
ture ; [and the senators shall be chosen in the following 
manner, viz. : there shall be a meeting on the first Monday 
in April, annually, forever, of the inhabitants of each town 
in the several counties of this Commonwealth, to be called 
by the selectmen, and warned in due course of law, at 
least seven days before the first 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 u 
right to give in his vote lor 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 inliab- 
itant, for the purpose of electing and being elected into 
any office or place withm this State, in that town, district 
or plantation where he dwelleth or hath his home. 

The selectmen of the several towns shall preside at such 



COMMONWEALTH OF MASSACHUSETTS. 



13 



meetings impartially, and shall receive the votes of all the 
inhabitants of such towns, present and qualified to vote 
for senators, and shall sort and count them in open town 
meeting, and in presence of the town clerk, who shall 
make a fair record, in presence of the selectmen, and in 
open town meeting, of the name of every person voted for, 
and of the number of votes against his name ; and a fair 
copy of this record shall be attested by the selectmen and 
the town clerk, and shall be sealed up, directed to the 
secretary of the Commonwealth, for the time being, with 
a superscription expressing the purport of the contents 
thereof, and delivered by the town clerk of such towns, to 
the sheriff of the county in which such town lies, thirty 
days at least before [the last Wednesday in May, an- 
nually, or it shall be delivered into the secretary's office 
seventeen da3's at least before the said last Wednesday in 
May ; and the sheriff of each county shall deliver all such 
certificates, by him received, into the secretary's office, 
seventeen days before the said last Wednesday in May.] 

And the inhabitants of plantations unincorporated, qual- 
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 tlieir 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- 
cori)orated, (qualified as aforesaid,) who shall be assessed 
to the support of government, by the assessors of an ad- 
jacent town, shall have the privilege of giving in their 
votes for councillors and senators, in the town where they 
shall be assessed, and be notified of the place of meeting, 
by the selectmen of the town where they shall be assessed, 
for that purpose, accordingly. 

ni. And that there may be a due convention of sen- 
ators [on the last Wednesday in 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. IT 



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 jiulgc of 
cloclioiis, &c., 
of ii8 owu mem- 
bers. 



Sec amend- 
ments, Alts. 
X., XIV. aixd 
XXIV. 

Vacancies, how 
tUlud. 



Qnalino.itions of 
a senator. 
See anu'tnl- 
nicnts, Arts. 
XlU.audXXn. 



Senate not to ad- 
journ more iLaa 
two days. 



Shall choose Ita 
oflieers and es- 
tablish its rules. 



e^all try all ini- 
peachnienls. 



be chosen by a majority of voters, to attend on that day, 
and take their seats accordingly; [provided, nevertheless, 
that for the first j^ear, 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 thc}^ may take their seats as aforsaid.] 

IV. The senate shall be the final judge of the elections, 
returns and qualifications of their own members, as pointed 
out in the constitution ; and shall, on the said [last 
Wednesday in May,] annually, determine and declare who 
are elected by each district to be senators, [by a majority 
of votes : and in case there shall not appear to be the full 
number of senators returned, elected by a majority of 
votes, for any district, the deficiency shall be supplied in 
the following manner, viz. : The members of tlie 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, Avithin 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 



Oath. 



TJmitation of 
eculencu. 



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- 
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 
riom 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 Quomm. 
constitute a quorum for doing business. 



CHAPTER I. 

Section HI. 

House of Representatives. 

Art. L 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 Common weal til, founded upon the principle of equality, every cor- 
porate town, containing one hundred and fifty ratable polls, may elect 
one repi'esentative; every corporate town containing three hundred 
and seventy-five ratable polls, may elect two representatives; every 
corporate town, containing sis 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 ]:)olls, 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 the 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 the people. 



Representa- 
tivos, by whom 
chosen. 



See amend- 
ments, Arts. 

XII., xin. 

and XXI. 



Proviso as to 

towns having 
less than loO 
ratable polls. 



Towns liable to 
fine in case, &c. 



Expense of trnv 
elling to and 
from the genera! 
court, bow paid 



16 



CONSTITUTION OF THE 



Qualifications of 
a representa- 
tive. See 
amendments, 
Arts. XIU., 
XrV. and XXL. 



Qualifications of 
a voter. 



See amend- 
ments, Arts.m., 
XX. and XXUI. 
Representa- 
tives, when 
chosen. 
See amend- 
•aents, Arts. X. 
and XV. 

House alone can 
impeach. 



House to origi- 
nate aU money 
bills. 



Not to adjourn 
more than two 
days at a time. 



Quorum. 
See amend- 
ments. Art. 
XXI. 

House to judge 
of^returns, &c., 
ofits own mem- 
bers ; to choose 
itf 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 particulai- town in tiiis Commouw^ealth, for the space of 
one year next preceding, liaving a freehold estate within the same 
town, of the annual income of three 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. The members of the house of representatives shall be chosen 
annually in the month of May, ten days at least before the last 
"Wednesday of that month.] 

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

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

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

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

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



COMMONWEALTH OF MASSACHUSETTS. 



n 



And no member of the house of representatives shall be Privileges of 

, ,,,,.- J , . , . . members. 

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 Trial may be by 

1 ii • • 1 J. 1 • -'i committee, or 

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



Senate. 

Governor and 
council may 
punish. 

General limita- 
tion. 



CHAPTER II. 



EXECUTIVE POWER. 



Section I. 



Governor. 



Governor. 
His title. 



To be chosen 

annually. 



Art. I. There shall be a supreme executive magistrate, 
who shall be styled — The Governor op the Common- 
wealth OF Massachusetts ; and Avhose 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.] 



See amende 
racnts, Art. VI I. 



[III. Those persons who shall be qualified to vote for senators and 
representatives, witliin the several towns of this Commonwealth, shall, 
at a meeting to be called for that purpose, on the first Monday of April, 
annually, give in their votes for a governor, to the selectmen, who 
shall preside at such meetings ; and the town clerk, in the presence 
and with the assistance of the selectmen, shall, in open town meeting, 
sort and count the votes, and foi-m a list of the persons voted for, with 
the number of votes for each person against his name ; and shall make 
a fair record of the same in the town books, and a public declaration 
3 



By whom 
chosen, if he 
have a m^ority 
of votes. 



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



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 inliabifr 
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 ]\Iay; and the sheriff shall transmit the 
same to the secretary's office, seventeen days at least before the said 
last Wednesday in May; or the selectmen may cause returns of the 
same to be made, to the office of the secretary of the Commonwealth, 
seventeen days at least before the said day; and the secretary shaU 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 bj'^ 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, ^q^^. persons, who had the highest number of votes, if so many shall 
have been voted for; but if otherwise, out of the nmnber voted for; 
and make return to the senate of the two persons so elected; on which, 
the senate shall proceed, by ballot, to elect one who shall be declared 
governor.] 

IV. The governor shall have authority, from 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 Ma}?- ; 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. 

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



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

See amend- 
ments, Art. X. 



See amend- 
ments, Art. X. 



Governor and VI. In cascs of disagreement between the two houses, 
council may ad- ^{^]^ regard to the necessity, expediency or time of adiourn- 

journ the gen- o _ j'l •ii- i?j.i 

erai court in mcut or prorogation, the governor, with advice oi the 
council, shall have a right to adjourn or prorogue the gen- 



cases, &c., but 



COMMONWEALTH OF MASSACHUSETTS. 19 

eral court, not exceeding ninety days, as he shall determine n°ne*ty°dayl?^ 
the public good shall require. 

VII. The governor of this Commonwealth, for the time Governor to bo 
being, shall be the commander-in-chief of the army and chl^™""^^''"^" 
navy, and of all the military forces of the State, by sea and 

land ; and shall have full power, by himself, or by any com- 
mander, or other officer or officers, from time to time, to 
train, instruct, exercise and govern the militia and navy ; 
and, for the special defence and safety of the Common- 
wealth, to assemble in martial array, and put in warlike 
posture the inhabitants thereof, and to lead and conduct 
them, and with them, to encounter, repel, resist, expel and 
pursue, by force of arms, as well by sea as b}'" 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 
sucli person and persons as shall, at any time hereafter, iu 
a hostile manner, attempt or enterprise the destruction, in- 
vasion, detriment or annoyance of this Commonwealth ; 
and to use and exercise, over the army and navy, and over 
the militia in actual service, the law-martial, in time of war 
or invasion, and also in time of rebellion, declared by the 
legislature to exist, as occasion shall necessarily require ; 
and to take and surprise, by all ways and means whatso- 
ever, all and every such person or persons, with their ships, 
arms, ammunition and other goods, as shall, in a hostile 
manner, invade or attempt the invading, conquering or 
annoying this Commonwealth; and that the governor be 
intrusted with all these and other powers incident to the 
offices of captain-general and commander-in-chief, and ad- 
miral, to be exercised agreeably to the rules and regula- 
tions of the constitution, and the laws of the land, and not 
otherwise. 

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

VIII. The power of pardoning offences, except such Governor and 
as persons may be convicted of before the senate, by an do^offencJar' 
impeachment of the house, shall be in the governor, by and except. &<• 



20 



CONSTITUTION OF THE 



But not before 
convictioD. 



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



Militia officers, 
how elected. 



See amend- 
ments, Art. V. 



How commis- 
eioued. 



Election of 
officers. 



Major-generals, 
how appointed 
and commis- 
sioned. 

Vacancies, how 
tilled, in case, 
&c. 



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

Adjutants, Sec, 
how appointed. 



Adjutant-gen- 
eral. 

Army officers, 
how appointed. 



Organization of 
militia. 



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

IX. All judicial ofiQcers, [the attorn e^'-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 tlie 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 liaving 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. 

fAnd no officer, duly commissioned to command in the militia, sliall 
be removed from his office, but by the address ot both houses to the 
governor, or by fair trial in court-martial, pursuant to the laws of 
the Commonwealth for the time being.] 

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

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

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



COMMONWEALTH OF MASSACHUSETTS. 21 

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

XL No mone5's shall be issued out of the treasury of ^,°'^*^'from the 
this Commonwealth and disposed of (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 puwic boards 

1 ' . -^ ^ , 1 and certain offi. 

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

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

XIII. As the public good requires that the governor gaiaryof gov. 
should not be under the undue influence of any of the «™o'"- 
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 
liis 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. 



22 



CONSTITUTION OF THE 



Salaries of jus- 
tices of supi-cme 
judicial court. 

Salaries to be 
enlarged, if in- 
sufUcieut. 



Permanent and honorable salaries shall also be estab- 
lished by law for the justices of the supreme judicial court. 

And if it shall be found that any of the salaries afore- 
said, so established, are insufficient, they shall, from time 
to time, be enlarged, as the general court shall judge proper. 



CHAPTER XL 

Section II. 



Lieutenant-gov- 
ernor; liis title 
and qualilica- 
lions. 

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



How chosen. 



President of 
couucil. 

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



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



Lieutenant- Grovernor. 

Art. I. There shall be annually elected a lieutenant- 
governor of the Commonwealth of Massachusetts, whose 
title shall be — His Honor ; and wlio 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. 

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



COMMONWEALTH OF MASSACHUSETTS. 



23 



CHAPTER n. 

Section III. 

Council^ and the 3Ianner of settling Elections hy the Legis- 
lature. 

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

[IT. 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 representative assem- 
bled in one room; and in case there shall not be found, upon the lirst 
choice, the whole immber of nine peisons %vho will accept a seat in 
the council, the deficiency shall be made up by tiie electors aforesaid 
from among the people at large; and the number of senators left, shall 
constitute the senate for the year. The seat;-: of the persons thus elected 
from the senate, and accepting the trust, shall be vacated in tlie sen- 
ate.] 

III. The councillors, in the civil arrangements of the Rank of council- 
Commonwealth, shall have rank next after the lieutenant- ^o""^- 
governor. 

[ IV. Not more than two councillors shall be chosen out of any one iso district to 

district of this Commonwealth. 1 l;ave more than 

-^ two. 

V. The resolutions and advice of the council shall be Register of 
recorded in a register and signed by the members present ; '='^^"^- 
and this record ma}^ 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. 

Vf. Whenever the office of the governor and lieuten- Connc ii to cxer- 
ant-governor shall be vacant by reason of death, absence,, of%v(a-nuMa 
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. 



Nntnber; from 
whom, and hoW 
chos«u. 

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



Senators ■becom- 
ing councillors, 
seats vacated. 



24 



CONSTITUTION OF THE 



Elections may 
bci adjourned 
until, Sec. 



Ordor thereof. 

jVmcndments, 
,\r;.;. XVI. and 
XXV. 



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



Secretary, &c. ; 
b}' whom and 
how chosen. 
See amend- 
ments, Arts. rV. 
and XVU. 

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



Secretary to 
keep records ; to 
attend the gov- 
ernor and coun- 
cil, S: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- 
h\Q 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 offi- 
cers to be ex- 
pressed. 

Judicial ofiBcera 
to hold office 
during good be- 
havior, except, 
S:c. 



May b(! removed 
ou address. 



JUDICIARY POWER. 

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



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 la\v, and upon solemn occasions. 

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

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



Justices of su- 
pix'rae judicial 
court to give 
opiniotis when 
required. 

Justices of the 
peace; tenure 
of their oface. 



Provisions for 
holding probata 
courts. 



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



CHAPTER IV. 

DELEGATES TO CONGRESS. 

[The delegates of this Commonwealth to the congi'ess of the United Delegates to 
States shall, some time in the month of June, annually, be elected by '^o"g'"'^^S' 
the joint ballot of the senate and house of representatives assembled 
together in one room; to servo in congress for one year, to commence 
oil the first Monday in Xovcmbsr 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 univeesity at cajibridge, and encouragement 
of liteeature, &c. 

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



26 



CONSTITUTION OF THE 



Po'wers, privi- 
leges, &c.,of the 
president and 
fellows, con- 
firmed. 



Property de- 
vised. 



Gifts, grants, 
and conveyances 
confirmed. 



Board of Over- 
seers estab- 
lished by gener- 
al court of IG'ja. 



Overseers estab- 
lislied 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 conveyances, 
are hereby forever confirmed unto the president and fellows 
of Harvard College, and to their successors, in the capacity 
aforesaid, according to the true intent and meaning of the 
donor or donors, grantor or grantors, devisor or devisors. 

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



COMMONWEALTH OF MASSACHUSETTS. 27 

6e, and hereby are, vested with all the powers and author- 
ity belongin;^, or in any way appertaining, to the over- 
seers of Harvard College: provided, that nothing herein rower of nitci-a 
shall be construed to prevent the legislature of tliis Com- IbTioguiamrJ!* 
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 logisi 
erally among the body of the people, being necessary for tJi[feVTn au 'iu' 
the preservation of their rights and liberties ; and as these tm-c periods. 

■,'■■, -,. ,i'^ ,.,. IT , p See amcnd- 



depend on spreading the opportunities and advantages of ments, Art'. 
education in the various parts of the country, and among -^^^^• 
the different orders of the people, it shall be the duty of 
legislatures and magistrates, in all future periods of this 
Commonwealth, to cherish the interests of literature and 
the sciences, and all seminaries of them ; especially the 
university at Cambridge, public schools, and grammar 
schools in the towns; to encourage private societies and 
public institutions, rewards and immunities, for the pro- 
motion of agriculture, arts, sciences, commerce, trades, 
manufactures, and a natural history of the country ; to 
countenance and inculcate the principles of humanity and 
general benevolence, public .and private charity, iiidustry 
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 I AWS ; 
HABEAS CORPUS ; THE ENACTING STYLE ; CONTINU- 
ANCE or 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 executive and 



28 



CONSTITUTION OF THE 



legislative offi- 
cers. 

See amend- 
ments, Art. Vn. 



Declaration and' 
oaths of all ofli- 
cers. 



See amend- 
ments, Ai-t. VT. 



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

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

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

[ " I, A. B., do truly and sincerelj' acknowledge, profess, testify and 
declare, that the Commonwealth of jMassachusetts is, and of right 
ought to be, a free, sovereign and independent State; and I do swear, 
that I will bear true faith and allegiance to the said Commonwealth, 
and that I will defend the same against traitorous conspiracies and 
all hostile 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 whats03vpr; and tbat no foreign prince, person, prelate, state 
or potentate, hath, or ought to have, any jurisdiction, superiority, ]3re- 
eminence, authoritjs dispensing or other power in, in any mattei-, civil, 
ecclesiastical or spiritual, within this Commonwealth; except the 
authority and power which is or may be vested by their constituents in 
the cougress 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 oath, declaration or affirma- 
tion ; and that I do make this acknowledgment, prof esssion, testimony, 
declaration, denial, renunciation and abjuration, heartily and truly, 
according to the common meaning and acceptation of the foregoing 
words, without any equivocation, mental evasion or secret reservation 
whatsoever. So help me, God."] 

" I, A. B., do solemnly swear and affirm, that I will 
faithfull}' 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 whe'n any person, chosen or appointed as 
aforesaid, shall be of the denomination of the peojsle called Quakers, 
and shall decline taking the said oaths, he shall make his afhinnation 
in the foregoing form, and subscribe tlie same, omitting the words, " 1 
do swear," "and abjure," "oath or," "and abjuration," in *-h<j 
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 under the pains and penalities of perjury."] 

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

II. No governor, lieutenant-governor, or judge of the 
supreme judicial court, shall hold any other office or place, 
under the authority of this Commonwealth, except such as 
by this constitution they are admitted to hold, saving that 
the judges of the said court may hold the offices of justices 
of the peace through the State ; nor shall the}'' 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 
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 
judicial court — secretary — attorney-general — [solicitor- 
general] — treasurer or receiver-general — judge of probate 
— commissary-general — [president, professor, or instructor 
of 'Harvard College] — sheriff — clerk of the house of rep- 
resentatives — register of probate — register of deeds — 
clerk of the supreme judicial court — [clerk of the inferior 
court of common pleas] — or officer of the customs, in- 
cluding in this description naval officers — shall at the 
same time have a seat in the senate or house of represen- 
tatives ; but their being chosen or appointed to, and ac- 
cepting the same, shall operate as a resignation of their 
seat in the senate or house of representatives ; and the 
place so vacated shall be filled up. 

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



Oaths and affir- 
mations, liow 
administered. 



Plurality of ofH 
ces prohibited ta 
governor, Sic, 
except, &c. 

Sec amend- 
ments, Art. 
VIII. 



Same subject. 



Incompatible 
ofljees. 

See amend- 
ments, Art. 
Vin.and 
XX VII. 



Same suhjnct. 



30 



CONSTITUTION OF THE 



Bribery, &c., 
operates dis- 
qualilication. 



Value of money 
ascertained. 
Property quali- 
fications. 

Bee amcnd- 
mcnt.s, Art. 
XUI. 



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 CommouAve "Ith, 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 deputy, and have the great 
seal of the Commonwealth affixed thereto. 

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

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

VII. The privilege and benefit of the writ of habeas 
corpus shall be enjoyed in this Commonwealth, in the most 
free, easy, cheap, expeditious and ample manner ; and shall 
not be suspended by the legislature, except upon the most 
urgent and pressing occasions, and for a limited time, not 
exceeding twelve months. 

VIII. The enacting style, in making and passing all 
acts, statutes and laws, shall be — "Be it enacted by the 

• Senate and House of Representatives, in General Coui't 
assembled, and by the authority of the same." 

Officers of for [I^- ^o the end there may be no failure of justice, or danger arise 

mer'^govcrnment to the Commonwealth, from a change of the form of government, all 

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

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



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



Benefit of 
habeas corpus 
secured, except, 
&c. 



The enacting 
Btyle. 



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 vmder this constitution, are designated and invested 
with their respective trusts, powers and authority. 

X. In order tke more effectually to adhere to the principles of the Provision for 
constitution, and to correct those violations which by any means may revising consti- 
be made therein, as well as to form such alterations as from experience mcntsi 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- 
mg the constitution, in order to amendments. 

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

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

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



ARTICLES OF AMENDMENT. 

Art. L If any bill or resolve shall be objected to, and Biii.&c.notnp- 
not approved by the governor ; and if the general court iivrdayr.'noTto 
shall adjourn mthin five days after the same shall have SSrurcad'" 
been laid before the governor for his approbation, and i^e^tiSie!'^ 
thereby prevent his returning it with his objections, as 
l)rovided 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 (ourt 
authority to erect and constitute municipal or city govern- c^erTtfos? 
ments, in any corporate town or towns in this Common- 



32 



CONSTITUTION OF THE 



Proviso. 



Qualifications of 
vnU'i-s ('(jr gover- 
nor, licHUeiiant- 
govcrnor, sena- 
tors ami repre- 
Beiitatives. 11 
Pick. o38. 
See amend- 
ments, Arts. 
XX., XXIU. 
and XXVI. 



Notaries public, 
how appointed 
and removed. 



Vacancies in the 
ofljccs of secre- 
tary and treas- 
urer, liow filled 
in case, &c. 
Sec 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 j)rescribe 
the manner of calling and holding public meetings of the 
inhabitants in Avards or otherwise, for the election of offi- 
cers under the constitution, and the manner of returning 
the votes given at such meetings : ])rovided, 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, 
pui'suant to a vote at a meeting duly warned and liolden 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. 

Aet. 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 Commoiiwealtli 
shall become vacant from any cause, durmg the recess of the cceneral 
court, the governor, with the advice and consent of the council, shall 
nominate and appoint, under such regulations as may be jirescribed 
by law, a competent and suitable person to such vacant ofHce, who 
shall hold the same until a successor shall be appointed by the general 
coiu-t.] 

Whenever the exigencies of the Commonwealth shali 



COMMONWEALTH OF MASSACHUSETTS. 



33 



Oath to be taken 
by all officers. 



Proviso : Qua- 
ker may affirm. 



require the appointment of a commissarj^-general, he shall ge™^\*^ay"bo 
be nominated, appointed and commissioned, in such man- appointed, m 
ner as the legislature may, by law, prescribe. 

All officers commissioned to command in the militia, ^™"^^®^g"' 
may be removed from office in such manner as the legisla- 
ture may, by law, prescribe. 

Art. V. In the elections of captains and subalterns of J^°a"t^fnrand 
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 
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 Avhen 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 help me, God," 
and subjoining, instead thereof, the words, " This I do 
under the pains and penalties of perjury." 

Art. VII. No oath, declaration or subscription, except- 
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 an}'- office under the authority of the United States 
(postmasters excepted,) shall, at the sai^ie 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, countA'-attorne}',] 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- 



Tests abolished. 



Incompatibility 
of offices. 



84 



CONSTITUTION OF THE 



Amendments to 
constitution, 
how 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.] 

AnT. 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 tliereon, 
such proposed amendment or amendments shall be entered 
on the journals of tlie two houses, Avith the 3'eas 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 qualilietl 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 3-ear on 
the said first Wednesday of January, and shall proceed, at 
that session, to make all the elections, and do all the other 
acts, which are by the constitution 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 an}'' 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 
arc chosen and qualified in their stead. 

Meetings for the [The meetin,!^ for the choice of crovernor, lieutenant-governor, sen- 
clioici' of govor- ^tors and representatives, shall be held on the second INIonday of No- 
govLruorf&c.'!' vember in every year; but meetings may be adjourned, if necessaiy, 



Commencement 
of i»oUliculyuur, 



and termination. 



COMMONWEALTH OF MASSACHUSETTS. 



35 



for the choice of representatives, to the next day, and aj^ain to the 
next succeedinc^ day, but no further. But in case a second nieetinc^ 
sliall be necessary for tlie choice of representatives, sucli meetings 
sluill be held on the fourtii IMonday of the same month of Novembei-.] 

All tlie [other] provisions of the constitution, respect- 
ing the elections and proceedinccs of the members of the 
general court, or of an}^ other officers or persons whatever, 
that have reference to the last Weduesday 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. 

TJiis article shall go into operation on the first day of 
October, next following the day when the same shall be 
duly ratified and adopted as an amendment of the consti- 
tution ; and the govei*nor, 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, iuconsist- 
ent with the provisions herein contained, are hereby wholly 
annulled. 

Art. XL Instead of the third article of the bill of 
rights, the following modification and amendment thereof 
is substituted : — 

" As the public worship of God, and instructions in piety, 
religion and morality, promote the happiness and prosper- 
ity of a people, and the security of a republican govern- 
ment ; therefore the several religious societies of this Com- 
monwealth, whether corporate or unincorporate, at any 
meeting legally warned and holden for that purpose, shall 
ever have the right to elect their pastors or religious teach- 
ers, to contract with them for their support, to raise money 
for erecting and repairing houses for public worship, for the 
maintenance of religious instruction, and for the payment 
of necessary expenses ; and all persons belonging to any 
religious society shall be taken and held to be members, 
until they shall file with the clerk of such society a written 
notice declaring the dissolution of their membership, and 



■n-hen to bo held. 

May bj iiiljoum- 

c<l. 

Sc'j araond- 

incnts, Art. XV 



Article, whoa to 
go into oper- 
ation. 



Inconsistent 
provisions an- 
nulled. 



Religious free- 
dom estab- 
lished. 



36 



CONSTITUTION OF THE 



CenBus of rata- 
ble polls to be 
taken in 1837, 
and decennially 
thereafter. 



Representa- 
tives, how ap- 
portioned. Sec 
amendments, 
Alts. XIU. and 
XXI. 

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



Fractions, how 
represented. 



Towns may 
unite into repre- 
eentativc dis- 
tricts. 



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

New apportion- 
ment to be made 
once Ju every ten 
yaars. 



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

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

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

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

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

Ihe governor and council shall ascertain and determine, mthin the 
months of July and August, in the year of our Lord one thousand 
eight hundred and thirty-seven, according to the foregoing principles, 
the 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 to^\^l has not a sufficient number 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 the number of 
representatives whicli each city, town and representative district may 
elect as aforesaid; and when the nmnber of representatives to be 



COMMONWEALTH OF MASSACHUSETTS. 



87 



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

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



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

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

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

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

Any two or more of the several towns may, by consent of a major- 
ity of the legal voters i^resent at a legal meeting, in each of said towns, 
respectively, called for that pui'pose, and held before the first day of 
August, in the year one tliousand 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 I'egard to representation, which would belong to a town 
containing tlie same number of inhaljitants. 

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

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

Nine councillors shall be annually chosen from among the people 
at largp, 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- 
nuUod. 

Census of inliab 
itauts to bo 
taken in 1840, 
and decennially 
thereafter, for 
basis of repre- 
eeutation. 
See amend- 
raents, Art. 
XXII. 

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

xxn. 

Ilouse of repre- 
sentatives, bow 
apportioned. 
See amend- 
ments, Ai't. 
XXI. 

Small towns, 
how represent- 
ed. 



Towns may 
unite into repr» 
eentative dis- 
tricts. 



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



The governor 
and council to 
apportion tlie 
number of rep- 
resentativcs of 
each town onco 
in every ten 
years. 

Councillors to 
be chosen from 
the people a I 
large. 



38 



CONSTITUTION OF THE 



Sec amend- 
ments, Art. 
XVI. 

Qualifications of 
couiicillors. 



Freeliold as a 
qualilication not 
required. 



Elections by the 
people to be by 
plurality of 
votes. 



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



Eight council- 
lore to be chosen 
by the people. 



Legislature to 
district state. 



Eligibility de- 
fined. 



Day and manner 
of election, &c. 



sembled in one room, who shall, as soon as may be, in like manner, 
fill up any vacancies that may happen in the council, by death, resig- 
nation or otherwise. No person sliall 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 the peo- 
ple of this Commonwealth, whose election is provided for 
by the constitution, the person having the highest number 
of votes shall be deemed and declared to be elected. 

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

Art. XVI. Eight councillors shall be annually chosen 
by the inhabitants of this Commonwealth, qualified to vote 
for governor. The election of councillors shall be deter- 
mined by the same rule that is required in the election of 
governor. The legislature, at its first session after this 
amendment sliall 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 therc- 
afterwards, shall divide the Commonwealth into eight dis- 
tricts of contiguous territory, each containing a number of 
inhabitants as nearly equal as practicable, without dividing 
any town or ward of a city, and each entitled to elect one 
councillor : provided, 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 CommouAvealth 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 fuE 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 delay in the orc^anization of the government on organizaticnof 

1 - r. xtT 11 f>T .1 -i^iiij. 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 officers, the choice shall be by them declared 
and published ; but in case there shall be no election of 
either of said ofiicers, the legislature shall proceed to fill 
such vacancies in the manner provided in the constitution 
for the choice of such officers. 



Vacancies, ho-w 
filled. 



Ae.t. XVII. The secretary, treasurer and receiver-gen- Election of sec 
eral, auditor, and attorney-general, shall be chosen annu- crl'liudiioTand 
ally, on the day in November prescribed for the choice of aibythepeopio 
governor ; and each person then chosen as such, duly qual- 
ified in other respects, sh:dl hold his office for the term of 
one 3'ear 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 arc 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 i epresentatives, 
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 



40 



CONSTITUTION OF THE 



To qualify witli- 
Ja ten days, 
otherwise oflicc 
to be deemed va- 
cant. 



Qualification 
requisite. 



School moneys 
not to be ap- 
plied for secta- 
rian Bchools. 



consent of the council. The person so chosen or ap^ 
pointed, duly qualified in other respects, shall hold his 
ofQcc until his successor is chosen and duly qualified in his 
stead. In case any person chosen or appointed to either 
of the oflSces 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 liave 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 autliorities 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 : provided, how- 
ever, that the provisions of this amendment shall not apply 
to any person prevented by a physical disability from com- 
plying with its requisitions, nor to any person who now 
has the right to vote, nor to any persons who shall be sixty 
years of age or upwards at the time this amendment shall 
take effect. 

Census of legal Art. XXI. A ccnsus of the legal voters of each city 

h abiuntaf when and towu, ou the first day of ]May, shall be taken and re- 
taken, &c. " ' " - - _ 

Sec General 
Sta*,. chapter 20. 



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



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



turned into the office of the secretary of the Common- 
wealth, on or before the last day of June, in the year one 
thousand eight hundred and fifty-seven ; and a census of 
the inhabitants of each city and town, in the year one 



COMMONWEALTH OF MASSACHUSETTS. 



41 



thousand eiglit hundred and sixty-five, and of every tenth 
year thereafter. In the census aforesaid, a special enumer- 
ation sliall 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 may be, to 
divide the same into representative districts of contiguous 
territory, so as to apportion the representation assigned to 
each county equally, as nearly as may be, according to the 
relative number of legal voters in the several districts of 
each county ; and such districts shall be so formed that no 
town or ward of a city shall be divided therefor, nor shall 
an}'- district be made which shall be entitled to elect more 
than thiee representatives. Every representative, for one 
year at least next preceding his election, shall have been 
an inhabitant of the district for which he is chosen, and 
shall cease to represent such district when he shall cease to 
be an inhabitant of the Commonwealth. The districts in 
each county shall be numbered hy the board creating the 

6 



House to consist 
of 240 members'; 
representatives 
to bo appor- 
tioned upon 
basis of legal 
voters. 



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



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



Proceedinps. 



Qualifications oJ 
representatives. 



Districts to he 
numbered, de 



42 



CONSTITUTION OF THE 



ecribcd and ccr- 
tUiod. 



One hundred 
nii;'iil)ors a 
quorum. 



same, and a description of each, wilh (he numbers thereof 
and the number of legal voter.^ therein, shall be rclurned 
by the board, to the secretary of the Commonwealth, the 
county treasurer of each county, and to the clerk of every 
town in cacli 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 ono 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 inhabitauts 
to be tukeu. 



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



Senate to consist 
of 43 members. 



Senatorial dis- 
tricts, S:c. 



Proviso. 



Qualifications of 
senators. 



Bi.xteen mem- 
bers a quorum. 



AuT. XXII. A census of the legal voters of each city 
and town, on the first day of May, shall be taken and re- 
turned into the office of the secretary of the Common- 
Tvcalth, on or before the last day of June in the year one 
thousand eight hundred and lifty-seven ; and a census of 
the inhabitants of each city and town, in tlie year one 
thousand eight hundred and sixt3'-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 diouict to contain, as 
nearly as may be, an equal number of legal voters, accord- 
ing to the enumeration aforesaid : provided, Itoivevcr, that 
no town or ward of a city shall be divided therefor ; and 
such districts shall be formed, as nearly as may be, Avitli- 
out uniting two counties, or parts of two or more counties, 
into one district. Each district shall elect one senator, 
who shall have been an inhabitant of this Commonwealth 
five years at least immediately preceding his election, and 
at the time of his election shall be an inhabitant of the 
district for which he is chosen ; and he shall cease to rep- 
resent such senatorial district Avhen 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 temporaril}^, adjourn from day 
to day, and compel the attendance of absent members. 



COMMONWEALTH OF MASSACHUSETTS. 



43 



[Art. XXTTT. No person of foreign birth shall be entitled to vote, 
or shall be eligible to office, luiless lie shall have resided Avithin the 
jurisdiction of the United States for two years subsequent to his siatu- 
ralization, and shall be othorAvise qualified, according to the constitu- 
tion and laws of this Counnonwcalth : provided, that this amendment, 
shall not aifect the i-ights which any ]ierson of foreign birth possessed 
at the time of the adoption thereof; and, jirovided, further, that >fc shall 
not affect the rights of any child of a citizen of the United States, born 
during the temporary absence of the parent therefrom.] 

APvT. XXIV. Any vacancy in the senate shall be fille-cT 
by election by the people of" the unrepresented district, 
upon the order of a majority of senators elected. 

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

Art. XXVI. The twenty-third article of the articles of 
amendment of the constitution of this Commonwealth, 
which is as follows, to wit : " No person of foreign birth 
shall be entitled to vote, or shall be eligible to office unless 
he shall liave resided within the jurisdiction of the United 
States for two j-cars 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; ^ii(\. provided, further^ that \t ^h^W not affect the 
rights of any child of a citizen of the United States, born 
during the temporary absence of the parent therefrom," 
is hereby wholly annulled. 

Art. XXVII. So much of article two of chapter six 
of the constitution of this (Commonwealth as relates to 
persons holding the office of president, professor or in- 
structor of Harvard College, is hereby annulled. 



Kcsidcnco of 
two years i c- 
qiiircil of natu- 
ralized citizen, 
to entitle to Buf 
frageor make 
cliLjiblu tooflico. 
See amoiKlment, 
Alt. XXVI. 



Vaeancie3 in the 
senate. 



Vacancies in the 
coimcil. 



Twenty-th?r<l 
article of amcncl. 
luents uuuuUud. 



OfHcpre of Har. 
yard College 
may l>e « le ted 
raemberrt of 
general court. 



THE FRAMING AND POPULAR ADOPTION OF THE 
CONSTITUTION. 
The Constitution of INIassachusetts 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. "When the 
convention assembled, it was found that the Constitution had been 
adopted by the requisite number of votes, and the convention accord- 
ingly Resolved, " That the said Constitution or Frame of Government 
shall take place on the last Wednesday of October next; and not be- 
fore, for any purpose, save only for that of making elections, agreea- 
ble to this resolution." The first legislature assembled at Boston, on 
the twenty-fifth day of October, 1780. 



ARTICLES OF AMENDMENT. 

The first nine Articles of Amendment were submitted, by delegates 
in convention assembled, November 15, 1820, to the people, and by 
them ratified and adopted, April 9, 1821. 

The tenth Article was adopted by the legislatures of the political 
years 1829-30, and 1830-31, respectively, and was approved and rati- 
fied by the people. May 11, 1831. 

The eleventh Article was adopted by the legislatures of the political 
years 1832 and 1833, and was approved and ratified by the people, 
November 11, 1833. 

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

The thirteenth Article was adopted by the legislatures of the politi- 
cal years 1839 and 1840, and was approved and ratified by the people, 
the sixth day of AiarU, 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-thii-d 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 legislatxires 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 xirticles were adopted by the 
legislatures of the political years 1859 and 18G0, and were approved 
and ratified by the people on the seventh day of May, 18G0. 

The twenty-sixth Article was adojjted by the legislatures of the 
political years 1862 and 1863, and was approved and ratified by the 
people on the sixth day of April, 18G3. 

The twenty-seventh Article was adopted by the legislatures of the 
political years 1870 and 1877, and was approved and ratified by the 
people on the sixth day of November, 1877. 



INDEX TO THE CONSTITUTIOl^. 



A. 

Pago 
Address of both houses of the legislature, judicial oflScers 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., , . 25 

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 i^art 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, 30, 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, 17 

Arrest, search and seizure, right of, regulated, 7 

warrant to contain special designation, 7 

Attorney-general, to be chosen by the people annually in November, 20, 39 
to hold office for one year from third Wednesday in January 

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

election determined by legislature, 39 

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 



48 



INDEX TO THE CONSTITUTION, 



Attorney-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- 
ernor 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 fails 

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 oface 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 oface of attornej'-gencral, 

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, . . , , . 



Pagf 

30 

30 

40 

40 
40 
39 

39 
30 
39 

40 

40 



B. 

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

Bills, money, to originate in the house of representatives, ... 10 

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 esnires, ........ 10, 

Boards, pi;b!Ic, to malic quarterly reports to the governor, . 

Body politic, foi-mation and nature of, 

title of : The CommonAvealth of Massachiisetts, . 
Bribery or corruption used in procuring an appointment or election, 
to disqualify from holding any office of trust, &c.. 



c. 

Census of ratable polls, 30 

of inhabitants, . 37, 40, 41, 42 

of inhabitants and legal voters taken in the year 1S65, and every 

tenth year thereafter, 40, 42 

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

C ities, 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 

Pugo 
Civil oflBcers, meeting for election to be held anntially on the Tuesday 

next after the first Monday in November, .... 38 
Tvhose 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 
Clerks 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 
Coramissarj'-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 oflBce, 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 oflSce 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 disti"icts, 38 

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

term of office, •"' 1 



60 INDEX TO THE CONSTITUTION. 



Council, vacancy to be filled by 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 Avith advice of 

council, . . . .' 

Court, superior, judges not to hold certain other offices. 
Court, supreme judicial, judges to have honorable salaries fixed by 
standing laws, and to hold office during good behavior, 
judges not to hold certain other offices, .... 
to give opinions upon important questions of law, &c., when 
required by either branch of the legislature or by the gov- 
ernor and council, 

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

Courts, probate, provisions for holding, 

registers elected by the people of the several counties, 
Courts and judicatories may be established by the general court, 

may administer oaths or affirmations, 

Crimes and offences, prosecutions for, regulated, .... 
Crimes to be proved in the vicinity of where they happen, . 



Pago 



43 
33 

9,22 
33 



25 
40 
25 
40 
10 
10 
C 
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 ought to be free, 

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 

fourth Monday of November, 38 

Election returns, 13, 39 

Enacting style of laws, established, 30 

EquaUty and natural rights of all men, 4 



INDEX TO THE CONSTITUTION. 61 

Pago 

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

JE7.cj)os<-:/ac(o laws, declared unjust and oppressive, .... 8 

F. 

Felony and treason, no subject to be declared guilty of, by tlie legis- 
lature, 8 

Fines, excessive, not to be imposed, 8 

Frame of government, 9 

Freedom of speech and debate in the legislature, 8 

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

general court or council, 38 

Fundamental principles of the constitution, a fi-equent recurrence to, 

recommended, 7 

G. 

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

for making laws, 8 

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, 11 

may provide for the election or appointment of officers, and pre- 
scribe their duties, 11 

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, 13, 34 

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, IS 

judicial officers may bo removed upon address of, . . . 24 
person convicted of bribery not to hold seat in, . . . . 30 
may increase property qualifications of persons to be elected to 

office, 30 

certain officers not to have seats in, 29 

may be prorogued by governor and council for ninety days, if 

houses disagree, &c, 18 



52 INDEX TO THE CONSTITUTION. 

Page 

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

empowered to charter cities, 31 

to determine 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, tlie 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 have freehold of £1,000 value, . ... 17. -V^ 

term of office. ']-\ 

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 oflQces, 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 detennined 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, 18, 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 

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

members of the council, 18 

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



H. 

Habeas corjDus, privilege of writ to be enjoyed in 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, 20 

board of overseers established, biit the government of the 

college may be altered by legislature, 20, 27 

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

House of Representatives, membei's 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, . . l.") 

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, IG, 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, 10 

to originate all money bills, but the senate may propose or con- 
cur v/ith amendments, 10 

not to adjourn more than two days at a time, .... 10 

one hundred members constitute a quorum 10, 42 

to choose officers, establish its rules,- 10 

may punish by imprisonment, not exceeding thirty days, per- 
sons guilty of disrespect, &c. ; trial may be by committee, . 10 

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 fourtli 

Monday of November, 38 



64 INDEX TO THE CONSTITUTION. 



Pago 



House of Representatives, to consist of two hundred 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 county 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 18C5, 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 oflSces, . . . . 29, 33 
Judges of the supreme judicial court, to hold oflSce 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 

L. 

Pagfi 

Law-martial, only tliose employed in the army and navy, and the 
militia in actual service, subject to, except by authority of 

the legislature, 8 

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

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 

term of ofiice, 31 

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 emploj'cd 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 ofacers, 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 



66 INDEX TO THE CONSTITUTION. 

Page 

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

appoint ofScers, 20 

ofEcers commissioned to command may be removed as may be 

prescribed by law, 20, 33 

appointment of stall-ofncers, 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, . . . . IG 
Moneys, raised or appropriated for public or common schools, not to 

be applied for support of sectarian schools, .... 49 

Moral obligations of lawgivers and magistrates, 7 

Moral 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, 10 

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

forms of, . . . 27, 28, 33 

Quakers may affirm, 28, 33 

to be taken by all civil and military officers, .... 33 

Objects of government, 3, 5 

Offences and crimes, prosecutions for, regulated, G, 7 

Office of trust, person convicted of bribery, &c., not to hold, . . 30 

Office, rotation in, right secured, C 

all persons having the prescribed qualifications equally eligible 

to, 6 

no person eligible to, unless they can read and write, . . 40 
Offices, plurality of, prohibited to governor, lieutenant-governor and 

judges, 29, 33, 34 

incompatible, 29, 33, 34 

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

Officers, commission, tenure of office to be expressed in commissions, 24 

Officers, judicial, to hold office during good behavior, except, &c., . 24 

may be removed by governor, with consent of council, upon the 

address of both houses of the legislature, .... 24 

Officers of former government, continued, 30 

Officers of the militia, election and appointment of 20 

removal of, 20, 33 

Officers and magistrates, accountable to the pe;ople, .... 5 

Organization of the militia, ...■■'." .' ... . 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 indejiendent 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, . 6 

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, ■ . . . 3() 

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, G 

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, 3.'> 

Prosecutions for crimes and offences regulated, G 

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, G 

all persons ha-^Hng the prescribed qualifications equally eligible, G 
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, IG, 32, 40, 43 

of governor, 17, 40 

of lieutenant-governor, 22, 40 

of councillors, 38, 30 

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 reiiresentatives, to consist of one hundred mem- 
' bers, 16, 42 



R. 

Hatable 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 denomination, 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, . 6 
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 the supreme judicial court, 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 Xovembor, 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, S9 



I 



^ 



INDEX TO THE CONSTITUTION. 69 

Page 

Secretary of the commoiiwcaltli, 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, . . . SJ) 

vacancy occurring during session of the legislature, filled by 

joint ballot of the legislature from the people at largo, . 39 
vacancy occurring when legislature is not in session, to bo 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, 49 

office to be deemed vacant if person elected or appointed fails 

to be qualified within ten days, 40 

records of commonweallh to>bc kept in office of, ... 24 
may appoint deputies, for whose conduct he shall be accountable, 2-t 
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 bo chosen annually, , . • 12 

governor and at least five councillors, to examine and count 

votes, and issue summonses to members, .... 13 
to be final judges cf 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, 3S 

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

to choose its officers and establish rules, 14 

shall try all impeachments, 14, IG 

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 u^wn 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 inentioued iu the constitution to be computed 

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

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

consent of owner, 8 

Solicitor-general, 20 

Standing armies, dangerovis 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 the 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, 6, 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 iu their commissions, .... 24 

Tests aboli.shed, 3S 

Title of body politic: The Common n-ealtli of Massachusetts, . . 9 

Title of governor to be, — His Excellency, 17 

Title of lieutenant-governor to be, — Ills 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, 36, 37 

Travelling expenses of members, to general assembly and returning 

home, once in every session, to be paid by the government, 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 

precedi]]g 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 the two persons Laving 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 largo, . 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 

oflBcc to be deemed vacant if person elected or apijointed fails 

to be qualified v/ilhin 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, 0, 7 

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



u. 

(Jniversity at Cambridge, , , 25, 26, 27, 43 



V. 

Vacancy in office of governor, pewers to be exercised by lieutenant- 
governor, 22 

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

exercised by tlie 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 bo filled by governor with 
advice of council, 38, 43 

Vacancy in the senate to be filled by election by the peoj^le upon the 

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

Vacancy in oflice 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 gov^imor and council, if electors 

neglect or refuse to make election, 20 

Valuation of estates, to be taken anew once in eveiy 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, IG, 32, 40. 4:1 



62 INDEX TO THE CONSTITUTION. 

Page 
Voters, male citizens, twenty-one years of age, who have resided in the 
state one year, and within tlie 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, IG, 32, 40 

the basis upon which the apportionment of representatives to 

the several counties is made, 41 

basis of apportionment of senators, 42 

census of voters to be taken in 1SG5, and every tenth year after, 41, 42 

Votes, returns of, 13, 17, 30 

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 under the seal 
of the court, bear test of the first justice, and be signed by 
the clerk, 30 

Writing and reading, necessary qualifications for voting, or holding 

office, 40 



Y. 

Tear, political, begins on the first Wednesday of January, ... 34 



GENEEAL STATUTES AND SPECIAL ACTS 



OF 



MASSACHUSETTS. 
1880. 



'^^ The General Court of 1880 assembled on Wediiesday, the 
seventh day of January. The oaths of office required by the Consti- 
tution to be administered to the Governor and Lieutenant-Governor 
elect, VFere taken and subscribed by His Excellency John D. Long 
and His Honor Byron Weston, on Thursday, the eighth day of 
January, in the presence of the two Houses assembled in convention. 



ACTS, 



GENERAL AND SPECIAL 



An Act making appropriations for the maintenance of Chap. 1 

THE GOVERNMENT FOR THE PRESENT YEAR. 

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

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



LEGISLATIVE DEPARTMENT. 

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

For the salaries of the assistant clerks of the senate and 
house of representatives, eight hundred dollars each. 

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

For the salary of the engineer at the state house, one 
thousand two hundred dollars. 

For the salaries of the four watchmen at the state 
house, one thousand dollars each. 

For the salary of the assistant watchman at the state 
house, seven hundred and fifty dollars. 

For the salaries of the fireman at the state house, and 
fireman and janitor at number thirty-three Pemberton 
Square, eight hundred dollars each. 

For the salary of the assistant fireman at the state 
honse, two dollars and one-half per day for each day em- 
ployed. 



Clerks of sen- 
ate and house. 



Assistant 
clerks. 



Sergeant-at- 
arms. 

Engineer. 



Watchmen. 



Assistant 
watchman. 



Fireman and 
janitor. 



Assistant 
fireman. 



1880. — Chapter 1. 



Lieut.-governor 
and council. 



Private sec- 
retary of 
governor. 

Messenger and 
assistant. 



EXECUTIVE DEPARTMENT. 

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

For the salary of the private secretary of the governor, 
one thousand five hundred dollars. 

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



Secretary. 
First clerk. 

Second clerk. 
Third clerk. 



Additional 
clerical assist- 
ance. 
Messenger. 



secretary's department. 

For the salary of the secretary of the Commonwealth, 
two thousand five hundred dollars. 

For the salary of the first clerk in the secretary's de- 
partment, one thousand eight hundred dollars. 

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

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

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



Treasurer. 



Second clerk. 



Cashier. 



Extra clerks. 

Additional 
clerical assist- 
ance. 



TREASURER S DEPARTMENT. 

For the salary of the treasurer and receiver-general, four 
thousand dollarsi 

For the salary of the first clerk in the treasurer's de- 
partment, two thousand three hundred dollars. 

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

For the salary of the cashier in the treasurer's depart>- 
ment, one thousand eight hundred dollars. 

For the salaries of the two extra clerks in the treasurer's 
department, one thousand one hundred dollars each, and 
for such additional clerical assistance as the treasurer may 
need, a sum not exceeding three hundred dollars. 



Deputy tax 
commisioner. 



First clerk. 



TAX COMMISSIONER S BUREAU. 

For the salarj^ of the deputy tax commissioner and com- 
missioner of corporations, two thousand seven hundred 
and fifty dollars. 

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



1880. — Chapter 1. i 

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

For such additional clerical assistance as the tax com- Additional 
missioner and commissioner of corporations may find ance^"*' ''^"^*' 
necessary, a sum not exceeding eleven thousand dollars. 

auditor's department. 

For the salary of the auditor of accounts, two thousand Auditor of 

five hundred dollars. accounts. 

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

For the salary of the second clerk in the auditor's de- second cierk. 
partment, one thousand five hundred dollars. 

For the salaries of the two extra clerks and such addi- Extra clerks, 

tional clerical assistance as the auditor may find necessary, Additional 

a sum not exceeding two thousand seven hundred dollars, clerical assist- 



ance. 



attorney-general's department. 

For the salary of the attorney-general, four thousand Attorney- 
dollars. ^^"'^'■''^• 
For the salary of the assistant attorney-general, two Assistant-attor- 

thoUSand dollars. ney-general. 
COMMISSIONERS, ET AL. 

For the salaries of the commissioners of savings banks, commissioners 

five thousand six hundred dollars. blnkl!"^* 

For the salary of the clerk of the commissioners of sav- cierk. 
ings banks, one thousand dollars. 

For the salary of the insurance commissioner, three insurance 

thousand dollars. commissioner. 

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

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

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

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

For such additional clerical assistance as the insurance Additional 

• • n 1 ^ T clerical assist- 

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

For the salary and office expenses of the inspector of inspector of 

gas-meters, two thousand dollars. gas-meters. 



1880. — Chapter 1. 



Prison com- 
missioners. 



Railroad 
commissioners. 



Clerk. 



Accountant. 



Inspector of 
liquors. 

Statistics of 
labor. 

First clerk. 



Clerical 
services. 
Expenses. 



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

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

For the salary of the clerk of the railroad commissioners, 
two thousand dollars. 

For the salary of the accountant of the railroad commis- 
sioners, two thousand dollars. 

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

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

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

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



Secretary. 

Clerk. 

Clerical 
services. 
Lectures. 



AGRICULTURAL DEPARTMENT. 

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

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

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



Secretary. 



Assistant 
librarian and 
clerk. 
Additional 
clerical assist- 
ance. 



EDUCATIONAL DEPARTMENT. 

For the salary and expenses of the secretary of the 
board of education, two thousand nine hundred dollars, to 
be paid out of the moiety of the school fund applicable to 
educational purposes. 

For the salary of the assistant librarian and clerk of 
the board of education, two thousand dollars. 

For such additional clerical assistance in the state 
library as ma,j be found necessary, a sum not exceeding 
two thousand dollars. 



Adjutant- 
general. 



First clerk. 



Second clerk. 



MILITARY DEPARTMENT. 

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

For the salary of the first clerk in the adjutant-general's 
department, one thousand eight hundred dollars. 

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



1880. — Chapter 2. 



For the salaries of two extra clerks in the adjutant- Extra clerks, 
general's department, one thousand two hundred dollars 
each. 

For the salary of the messenger in the adjutant-general's Messenger, 
department, eight hundred dollars. 

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

For compensation of employes at the state arsenal, a sum Arsenal 
not exceeding: two thousand dollars. 



clerical assist- 
ance. 



MISCELLANEOUS. 

For the salary and expenses of the commissioners of Commissioners 
state aid, a sum not exceeding three thousand dollars. oi saeai . 

For the salary of the clerk of the commissioners on commissioners 
prisons, seven hundred dollars. 

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

Approved January 28, 1880. 

An Act making appropriations for the mileage and com- 
pensation OF THE members OF THE LEGISLATURE, FOR THE 
compensation OF OFFICERS THEREOF, AND FOR OTHER PUR- 
POSES. 

Be it enacted, t&c, as follows: 

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 compensation of senators, a sum not exceeding 
twenty thousand five hundred dollars. 

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

For the compensation of representatives, a sum not ex- 
ceeding one hundred and twenty thousand five hundred 
dollars. 

For the mileage of representatives, a sum not exceeding 
two thousand five hundred dollars. 

For the compensation of the preacher of the election 
sermon, fifty dollars. 

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

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

For expenses of summoning witnesses before commit- 
tees, and for fees for such witnesses, a sum not exceeding 
two hundred dollars. 



of prisons. 



Chap. 2 



Appropriations. 

Senators, 
Mileage. 
Representatives. 

Mileage. 



Preacher of 
election sermon. 

Chaplains. 



Doorkeepers 
and messengers. 



Summoning 
witnesses. 



1880. — Chapter 3. 



Expenses of 
committees. 



Chap. 



Appropriations. 



Clerk. 

Reporter. 

Expenses. 

Chief justice. 



Associate 
justices. 



Judge — 
Suffolk. 



Middlesex. 



"Worcester. 



Essex. 



Norfolk. 



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

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

Approved January 29, 1880. 

An Act in addition to "an act making appropriations for 

THE maintenance OF THE GOVERNMENT DURING THE PRESENT 
TEAR." 

Be it enacted, <fec., as follows: 

Section 1. The suras hereinafter mentioned are appro- 
priated, to be paid out of the treasury, from the ordinary 
revenue, for the purposes specified, to meet expenses for 
the year ending December thirty-first, in the year eighteen 
hundred and eighty, to wit : — 

SUPREME JUDICIAL COURT. 

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

For the salary of the reporter of decisions of the su- 
preme judicial court, three hundred dollars. 

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

SUPERIOR COURT. 

For the salary of the chief justice of the superior court, 
four thousand eight hundred dollars. 

For the salaries of the ten associate justices of said 
court, forty-five thousand dollars. 

COURTS OF PROBATE AND INSOLVENCY. 

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

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

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

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

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



1880. — Chapter 3. 



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

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

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

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

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

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

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

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

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

For the salary of the register of* probate and insolvency 
for the county of Suffolk, three thousand dollars. 

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

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

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

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

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

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

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

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



Plymouth. 



Hampden. 



Hampshire. 



Barnstable. 
Nantucket. 
Dukes County. 



Register - 
Suffolk. 



Worcester. 



Norfolk. 



Bristol. 



Plymouth. 



Hampden. 



Berkshire. 



10 

Hampshire. 

Franklin. 

Barnstable. 
Nantucket. 
Dukes County. 



Assistant 
register — 
Suffolk. 



Middlesex. 



Worcester. 



Korfolk. 



Expenses of 
courts. 



1880. — Chapter 3. 

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

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

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

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

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

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

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

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

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

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

For expenses of the courts of insolvency, a sum not ex- 
ceeding two thousand dollars. 



District 
attorney — 
Suffolk. 
First assistant. 



Second assist- 
ant. 



Clerk. 



District 

attorney — 

Northern 

district. 

Eastern 

district. 

South-eastern 
district. 



DISTRICT ATTORNEYS. 

For the salary of the district attorney for the Suffolk 
district, four thousand five hundred dollars. 

For the salary of the first assistant district attorney for 
the Suffolk district, two thousand four hundred dollars. 

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

For the salary of the clerk for the district attorney for the 
Suffolk district, one thousand dollars. 

For the salary of the district attorney for the northern 
district, one thousand six hundred dollars. 

For the salary of the district attorney for the eastern 
district, one thousand six hundred dollars. 

For the salary of the district attorney for the south-east- 
ern district, one thousand six hundred dollars. 



1880. — Chapters 4, 5, 6. 



11 



For the salary of the district attorney for the southern somiiem 
district, one thousand six hundred dollars. district. 

For the salary of the district attorney for the middle Middle district, 
district, one thousand six hundred dollars. 

For the salary of the district attorney for the western \ycstern 
district, one thousand six hundred dollars. district. 

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

For the salary of the clerk to the register of probate and cierk- Suffolk. 
insolvency for the county of Suffolk, one thousand two 
hundred dollars. 

For such clerical assistance as the register of probate clerical assist- 
and insolvency for the county of Bristol may deem neces- »°'^''-^"«''0'- 
sary, a sum not exceeding six hundred dollars. 

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

Approved February 5, 1880. 



Chap. 



An Act concerning notarial protests. 
Be it enacted^ t6c., asfoUoivs: 

The protest of any bill of exchange, note or order, duly Protest to be 
certified by any notary public in this Commonwealth or f^dencC^of* 
elsewhere, under his hand and official seal, shall be prima ^^^l^^f^^'^^' 
facie evidence of the facts stated therein, and of the notice given, 
given to the drawer or indorsers. 

Approved February 9, 1880. 

An Act to authorize the new Bedford and fairhaven Chap. 

street railway company to increase its capital stock. 
Be it enacted, &c., as follows : 

Section 1. The New Bedford and Fairhaven Street May increase 
Railway Company is hereby authorized to increase its capital stock, 
capital stock to an amount not exceeding one hundred 
thousand dollars. 

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

Approved February 9, 1880. 



Chap. 



An Act to enable the bay state iron company to reduce 

the par value of its capital stock. 
Be it enacted, &c., as follows: • 

Section 1. The Bay State Iron Company is hereby May reduce 
authorized, upon the acceptance of this act by its stock- capita/ "tocL 
holders at a meeting duly called for the purpose, to reduce 
the par value of its shares to the sum of one hundred dol- 
lars each, and to issue to each of its stockholders ten shares 
of the par value of one hundred dollars for every share of 



12 



1880. — Chapter 7. 



the present stock of the company of the par value of one 
thousand dollars now held by him. 

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

Approved February 5, 1880. 



Chap. 7 An Act making 



APPROPRIATIONS 
EXPENSES. 



FOR SUNDRY CHARITABLE 



Be it enacted^ tfcc, as follows: 
Appropriations, SECTION 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Commonwealth, 
from the ordinary revenue, for the purposes specified here- 
in, to wit : — 



Travelling ex- 
penses of board. 



STATE BOARD OF HEALTH, LUNACY AND CHARITY. 

For travelling and other necessary expenses of the board 
of health, lunacy and charit}'^, a sum not exceeding one 
thousand two hundred dollars. 



Secretary. 



Clerical assist- 
ance. 

Expenses of 
health depart- 
ment. 



DEPARTMENT OF HEALTH. 

For the salary of the secretary of the board of health, 
lunacy and charity, two thousand five hundred dollars. 

For such clerical assistance as the secretary may deem 
necessaiy, eight hundred dollars. 

For the expenses of the health department, including 
chemical analyses, sanitary investigations and reports, and 
travelling expenses for inspections, a sum not exceeding 
five thousand dollars. 



Expenses of 
inspection. 



Clerical assist- 
ance. 



Inspector. 



INSPECTOR OF CHARITIES. 

For expenses of inspection of public institutions, under 
the supervision of the board of health, lunacy and charity, 
a sum not exceeding four thousand dollars. 

For clerical assistance and expenses, in the statistical 
work of the department of the inspector of charities, a sum 
not exceeding one thousand five hundred dollars. 

For the salary of the inspector of charities, two thousand 
five hundred dollars. 



Superintendent 
in-door poor. 



SUPERINTENDENT OF IN-DOOR POOR. 

For the salary of the superintendent of in-door poor, two 
thousand five hundred dollars. 

For the salary of the assistant to the superintendent of 
in-door poor, one thousand five hundred dollars. 



1880. — Chapter 7. 



13 



For the salary of the assistant in the bureau of visitation, Bureau of 
one thousand five hundred dollars. 

F^or such additional clerical assistance, including services clerical assist- 
of visitors, as the superintendent of in-door poor, with the ^°''®" 
approval of the board of health, lunacy and charity, may 
deem necessary, a sum not exceeding eleven thousand 
dollars. 

For travelling and contingent expenses of the superin- Expenses of 
tendent of in-door poor, a sum not exceeding five thousand superintendent, 
five hundred dollars. 

SUPERINTENDENT OF OUT-DOOR POOR. 



For the salary of the superintendent of out-door poor, 
two thousand five hundred dollars. 

For the salary of the clerk of the superintendent of out- 
door poor, one thousand five hundred dollars. 

For such other clerical assistance, including visitors, as 
the superintendent of out-door poor, with the approval of 
the board of health, lunacy and charity, may deem neces- 
sar}^, a sum not exceeding eight thousand six hundred 
dollars. 

For the travelling and incidental expenses of the super- 
intendent of out-door poor, a sum not exceeding two thou- 
sand four hundred dollars. 

For support and relief of state paupers in the lunatic 
hospitals and asylums of the Commonwealth, a sum not 
exceeding one hundred and fifteen thousand dollars. 

For the transportation of state paupers to the state alms- 
house, one thousand dollars. 

For the transportation of state paupers, a sum not ex- 
ceeding ten thousand dollars. 

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

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

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

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

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



Superintendent 
out-door poor. 



Additional 
clerical assist- 



Expenses. 



State paupers 
in lunatic 
hospitals. 



Transportation 
to almshouse. 



Transportation 
of state 
paupers. 

Cases of settle- 
ment, bastardy, 
etc. 



Support of state 
paupers by 
towns. 

Burial of slate 
paupers. 

Temporary 
support. 

Infant asylum. 



14 



1880. — Chapter 8. 



Johonnot 
annuities. 



Annuities. 



Indian state 
paupers. 

Pauper 
convicts. 

Tensions. 



Medical exami- 
nations and 
inquests. 



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

For other annuities, a sum not exceeding two thousand 
seven hundred and twenty-two dollars. 

For the support of Indian state paupers, a sum not ex- 
ceeding five hundred dollars. 

For the suj^port of pauper convicts, a sum not exceeding 
five hundred dollars. 

For pensions, a sum not exceeding six hundred and 
twenty dollars. 

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

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

Approved February 10, 1880. 



Chap. 8 An Act making appropriations for certain educational 

EXPENSES. 

Be it enacted, &c., as foUoivs: 

Section 1. The sums hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Common- 
Avealth, unless otherwise ordered from the ordinary rev- 
enue, for the purposes specified, to wit : — 

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

For the support of the state normal art school, the same 
to include rent, taxes, etc., a sum not exceeding four thou- 
sand dollars. 

For the salaries and expenses of the agents of the board 
of education, a sum not exceeding one thousand five hun- 
dred dollars. 

For incidental expenses of the board of education and 
for the secretary thereof, a sum not exceeding three hun- 
dred dollars. 

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

For the support of Massachusetts beneficiaries in asy- 
lums for the deaf and dumb, and in other institutions of 
the same character, a sum not exceeding forty thousand 
dollars. 

The income of the Rogers book fund, of the Todd nor- 
mal school fund and of the agricultural college fund, shall 
be expended in accordance with the provisions of the va- 
rious acts relating thereto. 



Appropriations. 



Normal schools. 



Normal art 
school. 



Agents of 
board of 
education. 



Incidental 
expenses. 



Asylum for the 
bUnd. 



Asylums for 
deaf mutes. 



Income of 
funds. 



1880. — Chapters 9, 10, 11. 



15 



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

Approved February 11, 1880. 



An Act to extend the time for locating and construct- 
ing THE BOSTON, WINTHROP AND POINT SHIRLEY RAILROAD. 

Be it enacted, &c., asfolloivs: 

Section 1. The time within which the Boston, Win- 
throp and Point Shirley Railroad Company may locate 
and construct its railroad, is hereby extended to the third 
day of July in the year one thousand eight hundred and 
eighty-two. 

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

Approved February 11, 1880. 



Chap. 9 



Time for 
location and 
construction 
extended. 



An Act to change the name op the frederickton steam- Chap. 

BOAT COMPANY. 



10 



Be it enacted, &c. , as follows : 

Section 1. The name of the Frederickton Steamboat Name changed. 
Company, incorporated in the year eighteen hundred and 
seventy-nine, is hereby changed to the Merrimac Valley 
Steamboat Company. 

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

Approved February 11, 1880. 



An Act in addition to an act "to authorize the town Chap. 11 
OF hingham to sell certain real estate." 

Be it enacted, &c. , as follows : 

Section 1. Section two of chapter ninety of tlie acts 
of the year eighteen hundred and eighteen, providing for 
a poor and school fund in the town of Hingham, is hereby 
repealed. 

Section 2. The treasurer of said poor and school fund 
shall pay over and deliver to the treasurer of said town 
all money, papers or property in his possession, and the 
same shall be used and disposed of as said town shall 
direct. 

Section 3. All moneys received from the sale of lands 
under said chapter ninety of the acts of the year eighteen 
hundred and eighteen after the passage of this act shall 
be paid into the treasury of said town to be used for town 
purposes. 

Approved February 13, 1880. 



Repeal of 
1818, 90, § 2. 



Property and 
papers to be 
delivered to 
town treasurer. 



Proceeds of 
sale of lands 
to be paid into 
town treasury. 



16 



1880. 



Chapters 12, 13, 14. 



May raise 
money to pay 
soldiers' 
bounties. 



Chap. 12 An Act to authorize the town of essex to pay certain 

BOUNTIES. 

Be it enacted, &c., as follows: 

Section 1. The town of Essex is hereby authorized to 
raise a sum of money not exceeding twelve hundred and 
fifty dollars, and pay one hundred and twenty-five dollars 
each to such soldiers, or, in case of death, to the heirs 
of such soldiers, as re-enlisted and were credited to the 
quota of said town under the call made by the Presi- 
dent of the United States, on the seventeenth day of 
October in the year eighteen hundred and sixty-three and 
subsequent thereto, and who have never received any local 
bounty for such re-enlistment : j^^ovided, that said town 
shall not be reimbursed by the Commonwealth for any 
money paid under authority of this act. 

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

Approved February 13, 1880. 



Town not to be 
reimbursed by 
the ( ommon- 
wealth. 



Chap. 



Limitation of 

personal 

actions. 

G. S. 155, § 6. 



13 An Act to amend section six of chapter one hundred 

AND fifty-five OF THE GENERAL STATUTES RELATING TO 
THE LIMITATION OF PERSONAL ACTIONS. 

Be it enacted, &c., as follows: 

Section six of chapter one hundred and fifty-five of the 
General Statutes is hereby amended by striking out the 
words " or absent from the United States." 

Approved Fehriiary 13, 1880. 



Chap. 



\^ An Act in further addition to an act making appropri- 
ations FOR THE MAINTENANCE OF THE GOVERNMENT DURING 
THE PRESENT YEAR. 

Be it enacted, &c., as follows : 
Appropriations. SECTION 1. The sums hereinafter mentioned are appro- 
priated, for the purposes specified, to be paid from the 
ordinary revenue, unless otherwise ordered, to meet the 
current expenses of the. year ending on the thirty-first day 
of December in the year eighteen hundred and eighty, 
to wit : — 



Printing and 
binding 
ordered by 
legislature. 

Senate sta- 
tionery. 



LEGISLATIVE AND EXECUTIVE DEPARTMENTS. 

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

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



1880. — Chapter 14. 



17 



For stationery for the house of representatives, purchased 
by the clerk of the house of representatives, a sum not 
exceeding one thousand six hundred dollars. 

For books, stationery, printing and advertising, ordered 
by the sergeant-at-arras for the legislature, a sum not 
exceeding eight hundred dollars. 

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

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

For the contingent expenses of the executive depart- 
ment, as authorized by chapter two hundred and eight of 
the acts of the year eighteen hundred and seventy-nine, 
three thousand dollars. 



House sta- 
tionery. 



Stationery 
ordered by ser- 
geant-at-arms. 



Printing and 
stationery for 
council. 

Contingent 
expenses of 
governor and 
council. 

Contingent 
expenses of 
executive 
department. 



STATE HOUSE EXPENSES. 

For fuel and lights for the state house, a sum not ex 
ceeding three thousand five hundred dollars. 

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

For rent, taxes and other expenses connected with Expensesof 
house number thirty-three Pemberton Square, a sum not bertoVsquare 
exceeding ten thousand dollars. 



State house — 
Fuel and lights. 



INCIDENTAL AND CONTINGENT EXPENSES. 

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

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

For incidental and contingent expenses of the tax com- 
missioner's department, a sum not exceeding two thousand 
seven hundred and fifty dollars. 

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

For the incidental expenses of the insurance commission- 
er's department, a sum not exceeding three thousand five 
hundred dollars. 

For incidental expenses of the commissioner of corpora- 
tions, a sum not exceeding four hundred dollars. 

For incidental expenses of the attorney-general's depart- 
ment, a sum not exceeding one thousand five hundred 
dollars, and for expenses of civil actions, a sum not exceed- 
ing three hundred dollars. 



Incidental 
expenses — 
Secretary. 

Treasurer. 



Tax commis- 
sioner. 



Auditor. 



Insurance 

commissioner. 



Commissioner 
of corporations. 



Attorney- 
general. 



Civil actions. 



18 



1880. 



Chapter 14. 



MILITARY DEPARTMENT. 



Adjutant- 
general. 

Compensation 
for military 
duty. 



Transportation 
of troops. 



Rent for 
armories and 
headquarters. 



Quartermaster- 
general. 

Quartermasters' 
supplies. 

Military 
accounts. 



Medical 
supplies. 

Camp ground. 



Bounties to 
Mass. Vols. 

State and mili- 
tarj' aid to Mass. 
Vols, and their 
families. 



For incidental expenses of the adjutant-general's depart- 
ment, a sum not exceeding three thousand dollars. 

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

For transportation of officers and men of the volunteer 
militia while on military duty, a sum not exceeding ten 
thousand dollars. 

For rent of brigade and battalion headquarters and com- 
pany armories, a sum not exceeding thirty-one thousand 
dollars. 

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

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

¥ov military accounts, in connection with the volunteer 
militia not otherwise provided for, a sum not exceeding 
four thousand dollars. 

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

For grading the camp ground of the state at Framing- 
ham, a sum not exceeding five hundred dollars. 

For payment of bounties due to Massachusetts volun- 
teers, a sum not exceeding five hundred dollars. 

For the reimbursement of cities and towns for money 
paid on account of state and military aid to Massachusetts 
volunteers and their families, a sum not exceeding three 
hundred and ninety-seven thousand five hundred dollars, 
the same to be payable on or before the first day of De- 
cember of the present year. 



AGRICULTURAL. 



Bounties to 
societies. 

Expenses of 
board. 



Travelling 
expenses of 
secretary. 



Incidental 
expenses of 
board. 



For bounties to agricultural societies, a sum not exceed- 
ing sixteen thousand eight hundred dollars. 

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



1880. — Chapter 15. 



19 



The fees received under section two of chapter two hun- 
dred and six of the acts of the year eighteen hundred and 
seventy-four, entitled " An Act concerning commercial 
fertilizers," are hereby appropriated to be used in accord- 
ance with the provisions of section five of the same act. 



Commercial 

fertilizers. 



MISCELLANEOUS. 

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

For the compensation and travelling expenses of the 
harbor and land commissioners, a sum not exceeding five 
thousand dollars. 

For compensation of engineers, and services of experts, 
authorized by the harbor and land commissioners, a sum 
not exceeding three thousand three hundred dollars. 

For rent, fuel, and care of rooms for the harbor and land 
commissioners, a sum not exceeding one thousand two 
hundred and fifty dollars. 

For incidental and other expenses of the harbor and 
land commissioners, a sum not exceeding four hundred and 
fifty dollars. 

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

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

For the salary of the clerk employed under resolve 
chapter eleven of the acts and resolves of the year eighteen 
hundred and seventy-eight, entitled, " Resolve in addition 
to a resolve relating to the indexing^ of the state archives," 
a sum not exceeding one thousand three hundred dollars. 

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

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

Approved February 16, 1880. 



Sheriffs, for 
maliiiig return 
of votes, etc. 



Harbor and land 
commissioners. 



Engineers and 
experts. 



Rent and fuel. 



Incidental 
expenses. 



State library. 



Commissioners 
on fisheries. 



Indexing state 
archives. 



Surgeon-gen- 
eral, contingent 
expenses. 



An Act relating to sentences to the state prison. Chap. 15 
Be it enacted, &c., as follows : 

Section 1. Convicts shall not be sentenced to impris- Convicts not to 

onment in the state prison for a less time than three years ; sfatepHson fo" 

but when a convict is sentenced at the same time on more years'^"*" ^^^^^ 
than one indictment the sentence on each indictment may 



20 



1880. — Chapters 16, 17. 



Convicts under 
sentence. 



Repeal of 

G. S. 174, § 17. 

1877, 190. 



be less than three years but not less than one year : j>'''o- 
vided^ the aggregate of such sentences shall not be less 
than three years. 

Section 2. When a convict is already under sentence 
of imprisonment in the state prison he may be sentenced 
for a further time of not less than one year. 

Section 3. Section seventeen of chapter one hundred 
and seventy-four of the General Statutes, and chapter one 
hundred and ninety of the acts of the year eighteen hun- 
dred and seventy-seven, are hereby repealed. 

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

Approved February 16, 1880. 

Chap. 16 An Act to amend chapter one hundred and thirty-five 

OF THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND SEVENTY- 
EIGHT, CONCERNING THE RECORDS OF LOCATIONS OF RAILROADS. 

Be it enacted^ &c. , as follows : 

Section 1. Chapter one hundred and thirty-five of the 
acts of the year eighteen hundred and seventy-eight is here- 
by amended so that the notice to railroad corporations au- 
thorized by section one may be given at any time within 
two months after the passage of this act. And thereupon, 
the corporation notified shall, during the present calendar 
year, file a location of its road, or of such portion thereof 
as the notice requires, with the same effect from the date 
of filing as if it had been filed under the provisions of said 
chapter. 

Section 2. The locations, heretofore certified by the 
clerk of the board of railroad commissioners and filed un- 
der the requirements of said^ chapter, are hereby ratified 
and confirmed so far as the time of filing is concerned. 

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

Approved February 16, 1880. 



Time extended 
forgiving notice 
that records of 
locations of 
railroads are 
incomplete, etc. 



Location to be 
filed during the 
present year. 



Locations certi 
fied by clerk, 
ratified. 



Chap. 



May hold stock 
in steamboat 
companies. 



Proviso. 



17 An Act to authorize the new york and new England rail- 
road COMPANY TO HOLD STOCK IN STEAMBOAT COMPANIES. 

Be it enacted, &c., as follows: 

Section 1. The New York and New England Railroad 
Company may purchase or subscribe for and hold shares 
to an amount not exceeding in the aggregate the par value 
of five hundred thousand dollars in the capital stock of 
any incorporated company or companies running steam- 
boats or barges in connection with the lines of which the 
railroad of said New York and New England Railroad 
Company forms a part : j^^ovided, said New York and New 



1880. — Chapter 18. 



21 



England Railroad Company at any legal meeting of its 
stockholders called for that purpose shall elect so to do by 
a vote of a majority of all the stock of said railroad com- 
pany which shall have been actually issued at the time of 
any such meeting. 

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

Approved February 16, 1880. 



An Act to incorporate the town of cottage city. Chap. 18 



Be it enacted, &c., as follows: 

Section 1. All the territory now within the town of 
Edgartown comprised within the following limits, that is 
to say, beginning at the middle of the bridge over " Serige- 
kontacket Opening," and running by the centre of 
" Sengekontacket Pond " and " Major's Cove " to Miober's 
Bridge (so called), thence due west to the Tisbury town 
line, thence by said town line between Edgartown and 
Tisbury to and through the lagoon bridge, thence by 
Vineyard Haven Harbor and Vineyard Sound to the first 
mentioned bound (Sengekontacket Bridge), is hereby in- 
corporated into a town by the name of Cottage City ; and 
said town of Cottage City is hereby invested with all the 
powers, privileges, rights and immunities, and is subject to 
all the duties and requisitions, to which other towns are 
entitled and subjected by the constitution and laws of 
this Commonwealth. 

Section 2. The inhabitants of said town of Cottage 
City shall be holclen to pay all arrears of taxes which have 
been legally assessed upon them by the town of Edgar- 
town ; and all the taxes heretofore assessed and not col- 
lected shall be collected and paid to the treasurer of said 
town of Edgartown in the same manner as if this act had 
not been passed; and, until the next general valuation of 
estates in this Commonwealth, the town of Cottage City 
shall annually pay to the said town of Edgartown the pro- 
portion of any state or county tax which the said town of 
Edgartown may be required to pay upon the inhabitants 
or estates hereby set off, said proportion to be ascertained 
and determined by the last valuation next preceding the 
passage of this act ; and the assessors of Edgartown shall 
make returns of said valuation, and the proportion there- 
of, in the towns of Edgartown and Cottage City respec- 
tively, to the secretary of the Commonwealth and to the 
county commissioners of the county of Dukes County. 

Section 3. Said towns of Edsrartown and Cottacre 



Town of 
Cottage City 
incorporated. 



Territorial 
limits. 



Inhabitants of 
Cottage City 
to pay arrears 
of taxes to town 
of Edgartown. 



Valuation. 



22 



1880. — Chapter 18. 



Suits and pro- 
ceedings at law 
or in equity. 



Liability for City sliall be respectively liable for the support of all per- 
paupers." SODS who HOW do or shall hereafter stand in need of relief 

as paupers, whose settlement was gained, whether by ori- 
ginal acquisition or derivation, within their respective lim- 
its ; and said town of Cottage City shall pay annually to 
said town of Edgartown three-fifths of all costs for the 
support or relief of those persons who now do or shall 
hereafter stand in need of relief or support as paupers, and 
who have gained a settlement in said town of Edgartown 
in consequence of the military services of themselves, or 
of those through whom they derive their settlement : pro- 
Proviso. vided, that the person who rendered such military service 

was not at the time of his enlistment an inhabitant of the 
said town of Edgartown, as heretofore constituted. The 
said town of Cottage City shall also pay to the said town 
of Edgartown, on the first day of January next, towards 
the support of paupers, the sum of three thousand dol- 
lars. 

Section 4. All suits and proceedings at law or in 
equity, where the cause of action in favor or against the 
town of Edgartown arose before the passage of this act, 
shall be instituted, and prosecuted or defended, by said 
town of Edgartown with the same effect as if this act had 
not been passed; and the amount recovered in any such 
suit or proceeding by or against said town of Edgartown 
shall be received or paid, as the case may be, by the town 
of Edgartown, and divided between the towns of Edgar- 
town and Cottage City, in the same propoitions as the 
public property and debts of the town of Edgartown are 
required to be by this act. 
Division of cor- SECTION 5. The corporatc property belonging to said 
porate property. ^^^^^ ^£ Edgartowu at the date of the passage of this act, 
except as hereinafter provided, and the public debt exist- 
ing at said date, shall he divided between the towns of 
Edgartown and Cottage City according to the valuation 
of property within their respective limits as assessed May 
first, eighteen hundred and seventy-nine. Said towns of 
Edgartown and Cottage City shall each retain and hold 
all the real property, public buildings and personal proper- 
ty used in connection therewith now in their respective 
limits. In case said towns of Edgartown and Cottage 
City shall not agree in respect to a division of debts, un- 
paid taxes, state or county taxes, or support of paupers, 
the superior court for the county of Bristol shall, upon 
petition of either town, appoint three commissioners, 
neither of whom shall be a resident of the county of 



1880. — Chapter 18. 



23 



missioners. 



Election 
districts. 



Dukes Count}^ ; and said petition may be filed and ap- 
pointments made in vacation to hear the parties and deter- 
mine the matters of difference; and their award, or the Award of com - 
awai'd of any two of tliem, being accepted by said court, 
shall be final ; and said court shall have jurisdiction to 
render judgment, or make any order or decree upon said 
award, to issue execution, or any other proper process, to 
enforce such judgment, decree, or order. But the award 
shall not be set aside, unless for fraud or manifest error ; 
in which case the court may recommit the award, or ap- 
point other commissioners, with the same powers and du- 
ties as the first, of whose proceedings the court shall have 
the same jurisdiction as herein before provided. In mak- 
ing said award, the commissioners shall assign the corpo- 
rate property belonging to the said town of Edgartown at 
the time of the passage of this act to the town within 
which said corporate property shall be situate or belong, 
so far as such division may be practicable ; and said com- 
missioners may, if they deem it necessary, award a gross 
sum to the town of Cottage City, in order to make their 
division of corporate property just and equitable. 

Section 6. The town of Cottage City shall, until 
otherwise provided by law, continue to be a part of the 
first congressional district, of the first councillor district, 
of the Cape senatorial district, and the first representa- 
tive district of Dukes County ; and the inhabitants of said 
town of Cottage City shall vote for each of said officers in 
the town of Cottage City. The selectmen and clerk in 
said town of Cottage City, in each of said cases, shall make 
returns as if said town had existed at the time of the for- 
mation of said districts. 

Section 7. Any justice of the peace within and for First meeting 
the county of Dukes County, whose residence is in the town'officersf 
town of Cottage City, may issue his warrant, directed to 
any inhabitant of said town of Cottage City, requiring 
him to notify and warn the inhabitants thereof, qualified 
to vote in town affairs, to meet at the time and place there- 
in appointed, for the purpose of choosing all such officers 
as towns are by law authorized and required to choose at 
their annual meetings ; and said warrant shall be served 
by posting up copies thereof, attested by the person to 
whom the same is directed, in three or more public places 
in said town of Cottage City, seven days, at least, before 
such time of meeting. Such justice, or, in his absence, 
such inhabitant required to notify the meeting, shall pre- 
side, until the choice of moderator, in said town meeting. 



24 



1880. — Chapters 19, 20. 



Cottage City 
to pay for 
establishing 
town lines. 



Reimbursement 
for bounties to 
soldiers. 



Rights secured 
to existing 
corporations. 



The selectmen of said town of Edgartown shall, before 
said meeting, prepare a list of voters in said town of Cot- 
tage City qualified to vote at said meeting, and shall deliv- 
er the same to the person presiding at such meeting before 
the choice of moderator thereof. 

Section 8. The said town of Cottage City shall bear 
the expense of making the necessary surveys and estab- 
lishing the lines between the said towns of Edgartown 
and Cottage City. 

Section 9. Said town of Cottage City shall receive 
from the said town of Edgartown a proportionate part of 
whatever amount may hereafter be refunded to said town 
of Edgartown from the state or United States, to reim- 
burse it for bounties to soldiers, or state aid heretofore paid 
to soldiers' families, after deducting all reasonable ex- 
penses. 

Section 10. All rights heretofore secured to existing 
corporations upon the territory hereby incorporated shall 
continue as though this act had not been passed. 

Section 11. This act sliall take effect upon its passage. 

Approved February 17, 1880. 



Chap. 19 An Act relating to appeals from probate courts. 



An appeal may 
be dismissed 
by the probate 
court if not 
entered in 
supreme judi- 
cial court within 
the time re- 
quired by law. 



Be it enacted, &c. , as follows : 

In all cases of appeal from an order, sentence, decree, or 
denial, of the probate court or judge, if the appellant fails 
to enter his appeal in the supreme judicial court, within 
the time allowed by law, the probate court of the county 
where the appeal was taken may, upon petition of tlie 
appellee or other person interested and upon such notice 
to the appellant as the court shall order, dismiss the ap- 
peal, and affirm the order, sentence, decree, or act appealed 
from ; and further proceedings may then be had in the 
probate court as if no appeal had been taken. 

Approved February 18, 1880. 



Chap. 20 



Appellant may 
deposit money 
in court in lieu 
of filing bond or 
entering into 
recognizance. 



An Act relating to appeals and removals in civil ac- 
tions FROM municipal, DISTRICT, OR POLICE COURTS OR 
TRIAL JUSTICES. 

Be it enacted, &c., as follows: 

Section 1. In lieu of entering into a recognizance or 
filing a bond, as now required by law in civil actions, the 
party appealing from the judgment of a municipal, district, 
or police court or trial justice (except in cases under chap- 
ter one hundred and thirty-seven of the General Statutes), 



1880. — Chapter 21, 



25 



or any person in his behalf, may deposit with the judge or 
clerk of the court by which, or the justice by whom, such 
judgment was rendered, a reasonable sum to be fixed by 
the said judge, clerk, or justice, with the like effect as if a 
recognizance had been entered into, or bond filed to prose- 
cute the appeal. A certificate of such deposit shall be 
issued to the depositor by the judge, clerk, or justice, 
receiving the same. 

Section 2. Said judge, clerk, or trial justice, shall 
transmit with the papers now required by law said sum to 
the clerk of the superior court to which the appeal is taken, 
who shall, thereupon, deliver or forward his certificate 
therefor to such judge, clerk, or trial justice. 

Section 3. The clerk of the superior court shall hold 
said sum for the payment of such costs as may be recov- 
ered on final judgment by the party for whose security the 
same was originally deposited ; and if such costs are not 
otherwise satisfied, so much of said sum as may be neces- 
sary to satisfy the same, shall, on the order of said court, 
at any time after final judgment, be paid to the party 
entitled thereto. The residue, if any, or the whole .sum, if 
no costs are recovered by said party, or if upon a final dis- 
position of the action it appears proper, shall be paid to 
the depositor upon his receipting therefor. Said court or 
any justice thereof may make such orders relating to such 
deposit and its payment as the case requires. 

Section 4. When an appeal is claimed, or the removal 
of an action (except in proceedings under chapter one 
hundred and thirty -seven of the General Statutes), is re- 
quested by the defendant in any proceeding before a muni- 
cipal, district, or police court or trial justice, in which such 
defendant has given a bond to dissolve the attachment 
made in such case as provided by law, no recognizance, 
bond or deposit, shall be required for the allowance of such 
api^eal or removal. 

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

Approved February 18, 1880. 



Certificate of 
tU'po.sit to be 
issued. 



Money to be 
transmitted to 
tile elerli of tlie 
superior court 
appealed to. 



Money to be 
held for pay- 
ment of costs 
recovered on 
final judgment. 



Residue to be 
paid to depos- 
itor. 



Bond or deposit 
not to be re- 
quired upon an 
appeal, when 
bond has been 
given to dissolve 
attachment. 



An Act relating to the formation of religious societies. Chan. 21 
Be it enacted, &c., as foUoios: 

Section 1. Ten or more persons, male or female, with- Formation of re 
in this Commonwealth, who shall desire to form a reli- 
gious society, ma}' make an application for that purpose in 
writing to any justice of the peace for the county in 
which such society is to be established, who may issue his 

4 



ligious societies. 



26 



Corporate 
name. 



Chap. 22 



Appropriations. 



Printina; and 
binding public 
series of docu- 
ments. 

Pamphlet 
edition of gen- 
eral laws. 



Printing and 
binding " blue 
book." 



Newspaper pub- 
lication of laws. 



.'Vssessors' 
books and regis- 
tration blanks. 

Supplement to 
tbe General 
Statutes. 



Provincial 
statutes. 

Term reports. 



1880. — Chapter 22. 

9 

warrant directed to one of the applicants stating the ob- 
jects, and requiring him to warn said persons to meet at a 
time and place appointed in the warrant, which shall be 
issued, served and executed, and the meeting be held, in 
the same manner and for the same purposes as set forth in 
the fifth section of chapter thirty of the General Statutes. 
And such persons shall become a corporation under a name 
to be assumed at such meeting upon complying with the 
provisions of said section, with all the powers, rights and 
privileges, and subject to all the duties, limitations and 
restrictions relating to religious societies as provided in 
said chapter, or any general law of the Commonwealth. 
Section 2. This act shall take effect upon its passage. 

Approved February 18, 1880. 

An Act making appropriations for printing and binding 

SUNDRY public DOCUMENTS AND FOR OTHER PURPOSES. 

Be it enacted^ &c., 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 purposes 
specified, to meet expenses for the year ending on the 
thirtj^-fiist day of December of the present year. 

For printing and binding the public series of documents, 
under the direction of the secretary of the Common- 
wealth, a sum not exceeding thirty thousand dollars. 

E'er printing the pamphlet edition of the general acts 
and resolves of the present year, for distribution in the 
Commonwealth, a sum not exceeding three thousand dol- 
lars. 

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

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

For assessors' books and registration blanks, a sura not 
exceeding three thousand dollars. 

For publication and editing of the supplement to the 
General Statutes for the present year, a sum not exceeding 
eight hundred and fifty dollars for publication, and two 
hundred dollars for editing the same. 

For the publication of the provincial statutes, a sum 
not exceeding five thousand dollars. 

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



I 



1S80. — Chapters 23, 24. 



2T 



May bold ad- 
ditional real and 
personal estate. 



miscellanp:ous. 

For expenses incurred in the construction and repair of Roads in Mash- 
roads in the town of Mashpee during the year eighteen '^^^' 
hundred and seventy-nine, three hundred dollars. 

For the compensation of experts or other agents, for Railroad com- 

, r- i>[> 1 (> • • 1 J 1 1 . • - missionors. 

rent 01 omce, and tor incidental and contingent expenses incidental and 
of the railroad commissioners, a sura not exceeding two penl'es^'''"'' ''^" 
thousand four hundred and thirty-five dollars. 

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

Api^roved February IS, 1880. 

An Act to enable the American board of commissioners Chap. 23 

FOR foreign missions TO HOLD ADDITIONAL REAL AND PER- 
SONAL ESTATE. 

Be it enacted, &c., as foUoivs : 

Section 1. The American Board of Commissioners 
for Foreign Missions is hereby authorized to take and 
hold in fee simple or otherwise, lands, tenements or here- 
ditaments, by gift, grant or otherwise, for the purposes for 
which they were incorporated, not exceeding one million 
dollars ; and may also take and hold by donation, bequest 
or otherwise, personal estate to an amount not exceeding 
two million dollars, any thing in its act of incorporation or 
in subsequent acts amending the same to the contrary not- 
withstanding. 

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

Approved February 18, 1880. 

An Act to revive the American linen manufacturing com- Chop. 24 

PANY FOR CERTAIN PURPOSES, AND TO CONFIRM THE ORGAN- 
IZATION OF THE AMERICAN LINEN COMPANY. 

Be it enacted, &c.. as follows : 

Section 1. The corporation heretofore known as the 
American Linen Manufacturing Company and located in 
Fall River is hereby revived and continued for the purpose 
of enabling said company to conve}', transfer or release to 
the American Linen Company or its assigns, any real or 
personal estate of which the said American Linen Manu- 
facturing Company was seized and possessed at the time 
when the act under which it was authorized was repealed 
and for no other purpose whatsoever. 

Section 2. The organization of the American Linen 
Company and all acts subsequent thereto in confirmation 
thereof, and all other acts dependent theieon, are hereby 
ratified, confirmed and made valid. 



Corporation 
revived for con- 
veyance of real 
and personal 
estate. 



Organization 
confirmed. 



28 



1880. — Chapters 25, 26. 



Meeting of 
stockholders. 



Chap. 



Section 3. The president -of the American Linen 
Manufacturing Company, or in case of his refusal or in- 
ability to act, any person who was a stockholder of said 
company at the date of the dissolution of said company, 
is hereby authorized to call a meeting of the stockholders 
of said American Linen Manufacturing Company ; and 
said company may convey said real and personal estate to 
said American Linen Company by deed executed in the 
name and under the seal of the said American Linen 
Manufacturing Company. 

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

Approved February 18, 1880. 

25 An Act to provide that the receivers of insolvent insur- 
ance COMPANIES SHALL DEPOSIT CERTAIN MONEYS WITH THE 
TREASURER OF THE COMMONWEALTH. 

Be it enacted, &c., as follows: 
Receivers to dc- Reccivers of iusolveut iusurancc companies having un- 
m°o"lyB"wiThthe claimcd moneys or dividends belonging to the estate of 
state treasurer, ^y^y gQ^}^ compauy remaining in their hands for one year 
after final settlement ordered by the court, shall deposit 
the amount so remaining uncalled for with the treasurer 
of the Commonwealth, with a schedule of the names and 
residences, so far as known, of the parties entitled thereto; 
and said treasurer shall receive and hold the same in trust 
for such parties and their representatives ; and said treas- 
urer shall pay over the same to the parties entitled there- 
to, upon proper demand made therefor, upon being fur- 
nished with evidence satisfactory to him of the identity of 
the claimant and the justice of the claim. 

Approved February 19, 1880. 



Treasurer to 
pay over to par- 
ties entitled to 
moneys. 



Chai 



')). 



May extend rail- 
road. 



26 An Act to authorize the extension of the railroad op 

THE new haven AND NORTHAMPTON COMPANY UNDER THE 
GENERAL RAILROAD LAWS. 

Be it enacted, &c., as follows : 

Section 1. The New Haven and Northampton Com- 
pany is hereby authorized to extend its railroad from a 
point in its present tract near King street in the town of 
Northampton, through a part of said town, and the towns 
of Hatfield, Whately, Deerfield and Conway, so as to con- 
nect and intersect with the Troy and Greenfield Railroad 
at a point near the westerly end of Bardwell's bridge over 
the Deerfield river, also from a point in the village of 
South Deerfield, through the towns of Deerfield and Mon- 



1880. —Chapter 27. 29 

tague, to the Gill bridge in the village of Turner's Falls : 
provided^ that the extensions authorized by this act shall Location and 
be located and constructed in conformity with the provis- under general 
ions of the general railroad law of one thousand eight "■^''^ad law. 
hundred and seventj'-four, and acts in amendment thereof; 
and provided, further, that the extensions herein authorized Proviso, 
shall not cross any existing railroads, on a grade level 
therewith, and that all necessary structures for crossing 
under the grade thereof shall be subject to the approval 
of the railroad commissioners and shall be constructed 
at the expense of the New Haven and Northampton Com- 
pany. 

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

Approved February 19, ISSO. 

An Act to incorporate the wannacomet water company. Chap. 27 
Be it enacted, &c. , as follows : 

Section 1. Moses Joy, junior, William F. Codd, John Corporators. 
A. Hussey, Frederick Stone and Darwin A. Greene, their 
associates and successors, are hereby made a corporation 
by the name of the Wannacomet Water Company, for Name and pur- 
the purpose of furnishing the inhabitants of Nantucket ^^^'^' 
with pure water ; with the powers and privileges, and 
subject to the duties, restrictions and liabilities set forth 
in the general laws which now are or may hereafter be in 
force regulating such corporations. 

Section 2. Said corporation for the purpose aforesaid May take the 
may take and hold the waters of the pond formerly known ra'liome^p^d^ 
as the "Western Washing Pond," and now known as the 
Wannacomet Pond, together with so much as may be 
necessary for the purpose, of any springs, ponds, or natural 
brooks within the limits of said town ; and may convey 
the same through the town of Nantucket or any part 
thereof; and may take and hold by purchase or otherwise, May take land 
such land on or around the margin of said ponds or brooks, otherw^sT'^ '*' 
not exceeding five rods in width, as may be necessary to 
secure the purity of the water ; and may also take and 
hold in like manner, such land as may be necessary for 
cotistructing any reservoir, for erecting and maintaining 
dams, embankments and gate houses, and for laying down 
and maintaining conduits, pipes and drains, and erecting 
engines and pumps, constructing aqueducts, hydrants and 
other works for collecting, conducting and distributing 
water among the said inhabitants. Said corporation shall, 
within ninety days after taking such lands, file in the 



an- 



30 



1880. — Chapter 27. 



To file in the 
registry of deeds 
a description of 
the land taken. 



May construct 
aqueducts, and 
erect dams and 
reservoirs. 



May establish 
water rates. 



May dig up 
roads under di- 
rection of select- 
men. 

Assessment of 
damages. 



Application for 
damages, to be 
made within 
two years. 

Real estate. 



Capital stock 
and shares. 

Penalty for di- 
verting water or 
rendering it im- 
pure. 



registry of deeds in the county of Nantucket a description 
of the lands so taken, sufficiently accurate for identification, 
together with a statement of tlie purposes for which said 
lands are taken, signed by the president of said corpora- 
tion. 

Section 3. Said corporation may construct one or more 
permanent aqueducts from any of the sources before men- 
tioned, into and through said town of Nantucket, and 
have and maintain the same by any woiks suitable there- 
for; may erect and maintain dams to raise and retain the 
waters therein ; may make and maintain reservoirs ; may 
make and establish public fountains and hydrants in such 
places as it may from time to time deem prosier, and pre- 
scribe the purposes for whicli they may be used, and may 
change and discontinue the same ; and may make such 
contracts with the town of Nantucket or with individuals 
to supply water for fire and other purposes as may be 
agreed upon by said town or individuals and said corpora- 
tion ; may distribute the water throughout the town of 
Nantucket ; maj^ regulate the use and establish the price 
or rent therefor ; may, for the purposes aforesaid, convey 
and conduct its conduit pipes and drains over or under 
any water-course, street, turnpike road, railroad, highway 
or other way, in such manner as to cause the least possible 
hindrance to the travel thereon, and may for such purpose 
enter upon and dig up any such load, street or other way, 
under the direction of the selectmen of the town of Nan- 
tucket. 

Section 4. Any person or corporation injured in prop- 
erty under this act, and failing to agree with said corpora- 
tion as to the amount of damages, may have them assessed 
in the manner provided by law with res])ect to land taken 
for highways ; but no application shall be made to the 
county commissioners for the assessment of damages for 
the taking of water rights, until the water is actually 
taken or diverted by said corporation. Any person whose 
water rights are thus taken may so apply at any time 
within two years from the time when the water is actually 
taken or diverted. 

Section 5. Said corporation for the purposes aforesaid 
may hold real estate not exceeding fifteen thousand dollars, 
and its capital stock shall not exceed thirty thousand dol- 
lars to be divided into shares of twenty-five dollars each. 

Section 6. If any person shall use any of said water 
taken under this act without the consent of said corpora- 
tion, or shall wantonly or maliciously divert the water or 



1880. 



Chapters 28, 29. 



31 



any part thereof so taken, or corrupt the same, or render 
it impure, or destroy or injure any dam, aqueduct, pipe, 
conduit, liydrant, machinery or other works, or property 
held, owned, or used by said corporation under the author- 
ity of and for the purposes of this act, he shall forfeit and 
pay to said corporation three times the amount of damages 
assessed therefor, to be recovered in an action of tort ; and 
on conviction of either of the wanton or malicious acts 
aforesaid may be punished by a fine not exceeding three 
hundred dollars, or by imprisonment in jail not exceeding 
one year. 

Section 7. Said corporation may purchase from the 
owner or owners of any aqueduct now used in furnishing 
water to the inhabitants of said town of Nantucket, his or 
their whole water right, estate, property and privileges, and 
by such purchase shall become entitled to all the rights 
and privileges and subject to all the liabilities and duties 
appertaining and belonging to such owner or owners. 

Section 8. The Wannacoraet Water Company may 
issue bonds and secure the same by a mortgage on its 
works, structures, equipments, franchise and other prop- 
erty, real or personal, to an amount which shall not exceed 
the capital stock of said company actually paid in and 
applied to the construction or completion of said Wauna- 
comet Water Company's works. 

Section 9. This act shall take effect upon its passage. 

Approved February 19, 1880. 



May purchase 
aqueduct now 
in use. 



May issue 
bonds. 



An Act in reference to jurisdiction over actions of tort. 
Be it enacted, &c., as follows : 

No action of tort shall hereafter be brought in the 
supreme judicial court or shall hereafter be removed to 
said court from the superior court. 

Approved February 20, 1880. 



Chap. 28 



Actions of tort 
not to be 
brought in, or 
removed to, su- 
preme judicial 
court. 



Chap. 29 



An Act making appropriations for expenses of the various 
charitable and reformatory institutions, and for other 
purposes. 

Be it enacted, &c., as follows: 

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



32 



1880. — Chapter 29. 



State almshouse 
at Tewksbury. 



State primary 
school at Mon- 



State prison. 



Reformatory 
prison for 
women. 



Reform scliool 
for boys. 



Industrial 
school for girls. 



State work- 
bouse at Bridge- 
water. 



Commissioners 
of prisons, con- 
tingent ex- 
penses. 



Travelling ex- 
penses. 



Agent for aiding 
discharged con- 
victs. 



Discharged fe- 
male prisoners. 



District police 
force. 



For the payment of salaries at the state ahiishouse at 
Tewksbury, a sum not exceeding eighteen thousand dol- 
lars; and for other current expenses of said institution, a 
sum not exceeding sixty-six thousand dollars. 

For the payment of salaries at the state primary school 
at Monson, a sum not exceeding seventeen thousand dol- 
lars ; and for other current expenses of said institution, a 
sum not exceeding thirty-five thousand dollars. 

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

For the payment of salaries at the reformatory prison 
for women, a sum not exceeding twenty-four thousand 
dollars ; and for other current expenses of said institution, 
a sum not exceeding sixty-four thousand two hundred and 
fifty dollars. 

For the payment of salaries at the state reform 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 payment of salaries at the state industrial school 
for girls, a sum not exceeding six thousand five hundred 
dollars ; and for other current expenses of said institution, 
a sum not exceeding eleven thousand -dollars. 

i^or the paj'ment of salaries at the state workhouse at 
Bridgewater, a sum not exceeding eleven thousand dollars ; 
and for other current expenses of said institution, a sum 
not exceeding twenty-nine thousand dollars. 

For the contingent expenses of the commissioners on 
prisons, a sum not exceeding nine hundred and seventy- 
five dollars, the same to include printing blanks and bind- 
ing. 

For travelling expenses of the commissioners on prisons, 
and of the secretary thereof, a sum not exceeding seven 
hundred and fifty dollars. 

For the salary of the agent for aiding discharged con- 
victs, one thousand dollars ; and for the expenses of said 
agent, a sum not exceeding three thousand dollars. 

For aiding discharged female prisoners, discharged from 
the prison for women, a sum not exceeding one thousand 
five hundred dollars. 

For the salary of the chief of the district police force, 
a sum not exceeding one thousand seven hundred dollars. 
For the compensation of the district police, a sum not 
exceeding eighteen thousand dollars. For travelling 



1880. — Chapter 30. 



33 



expenses actually paid by members of -said force, a sum 
not exceeding nine thousand dollars; and for incidental 
and contingent expenses, a sum not exceeding two thou- 
sand dollars. 

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

For travelling and other necessary expenses of the 
trustees of the state primary, reform, and industrial schools, 
a sum not exceeding one thousand dollars. 

From the appropriation made the previous year for the 
current expenses of the state almshouse at Tewksbury, 
there may be paid a sum not exceeding one thousand four 
hundred and seventy-six dollars and twenty-two cents for 
salaries at said institution. 

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

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

Approved February 20, 1880. 



Arrest of fugi- 
tives from jus- 
tice. 

Travelling ex- 
penses. 



State almshouse 
at Tewksbury. 



Contingent ex- 
penses of 
senate and 
house. 



Board of water 
commissioners 
of Springfield, 
abolished. 



New board of 
water commis- 
sioners, estab- 
lished. 



An Act relating to the board of water commissioners Chan. 30 

OF THE CITY OF SPRINGFIELD. 

Be it enacted^ t&c, as follows: 

Section 1. The board of water commissioners of the 
city of Springfield established by chapter three hundred 
and forty-five of the acts of tlie year eighteen hundred 
and seventy-two and chapter seventy-five of the acts of the 
year eighteen hundred and seventy-three in amendment 
thereof, is hereb}' abolished. 

Section 2. As soon as practicable after the passage of 
this act the city council of said city shall elect by ballot 
in joint convention two citizens thereof, one for the term 
of one year and one for the term of two years, from Febru- 
ary first in the year eighteen hundred and eighty, as water 
commissioners, who, with the mayor as an ex officio member, 
shall constitute the board of water commissioners of said 
city of Springfield, with all the rights, powers and duties 
of the board abolished by this act, except as hereinafter 
provided. And hereafter said city council shall annually in 
the month of January elect by ballot in joint convention 
one citizen as a member of said board for the term of two 
years from the succeeding first day of February. In case 
any citizen so elected shall die, resign, or become disquali- 
fied during his term of office, said city council shall, as soon 
as may be, elect by ballot in joint convention a citizen to 



One member to 
be elected an- 
nually in Janu- 
ary. 



Vacancy. 



34 



1880. — Chapters 31, 32. 



Proviso. 



Clerk of the 
board. 



Mode of collect- 
ing water rents 
may be pre- 
scribed by city 
ordinance. 



Repeal. 



Subject to ac- 
ceptance by city 
council. 



fill the vacancy for the unexpired term only : provided, 
however, that no member of the cit}^ council shall be eligible 
to election as water commissioner. 

Section 3. The city engineer of said city shall be ex 
officio clerk of said board, and as such shall keep a true 
and accurate record of the doings thereof, and shall be 
duly sworn to the faithful performance of his duties. 

Section 4. Said city may by ordinance prescribe the 
mode of collecting all water rents and other money that 
may become due the cit}^ on account of the water depart- 
ment, and of accounting for the same to the city treasurer ; 
and of the payment of all bills contracted by said depart- 
ment. The city auditor shall have free access to and audit 
all books and accounts of said board. The annual rej)ort 
of said board shall be addressed to the city council and 
printed in the municipal register. 

Section 5. All acts and parts of acts inconsistent 
herewith are hereby repealed. 

Section 6. This act shall take effect on being accepted 
by a two-thirds vote of each branch of the city council of 
said city. But the water commissioners then in office 
shall continue to hold office until commissioners shall be 
elected under this act. Approved February 20^ 1880. 



Name estab- 
lished. 



Chap. 31 An Act to confirm and establish the name of the old south 

PARISH OF READING. 

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

Section 1. The parish in Reading heretofore known 
at various times as the Third Congregational Society, or 
West Parish of Reading; as the Second Congregational 
Society, or Second Parish ; as the South Parish, and now 
as the Old South Parish of Reading, shall hereafter be 
known as the " Old South Parish of Reading." 

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

Approved February 20, 1880. 



Chat). 32 ■^'^ -^^"^ *N ADDITION TO AN ACT TO REGULATE AND LIMIT MU- 

NICIPAL INDEBTEDNESS. 

Be it enacted, tfcc, as follows: 

The provisions of chapter two hundred and nine of the 
acts of the year eighteen hundred and seventy-five, entitled 
An Act to regulate and limit Municipal Indebtedness, 
shall not apply to water scrip lawfully issued by a town 
for the indebtedness of a fire district. 

Approved February 20, 1880. 



Municipal in- 
debtedness. 



Fire district 
water scrip. 



1880. — Chapters 33, 34. 



35 



Return of births 
to be made 
monthly, except 
in Boston. 



An Act to compel a more accurate registration of births. Chap. 33 

Be it enacted^ tfcc, as follows : 

Section 1. It shall be the duty of every physician and 
midwife in the several cities and towns in this Common- 
wealth, excepting Boston, to report on or before the fifth 
day of each month to the clerk of eacli city and town a 
correct list of births of all children born therein during 
the month next preceding at which such physician or mid- 
wife was present, stating therein the place, date of each 
•birth, and parents' names. 

Section 2. Town and city clerks shall give public 
notice that they are ]3repared to furnish the necessary 
blanks to all physicians and midwives applying therefor. 

Section 3. Any physician or midwife neglecting to 
report such list for ten days after it is due shall for each 
offence forfeit a sum not exceeding twenty dollars. 

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

Approved February 26, ISSO. 



Clerks to give 
notice that they 
will furnish 
blanks. 

Penalty on phy- 
sician or mid- 
wife for neglect. 



An Act relating to the bonds of guardians under wills. Chap. 34 



Be it enacted, &c., as follows : 

Section 1. A guardian under a will shall be exempt 
from giving a surety or sureties on his bond, when the 
testator has ordered or requested such exemption, or has 
ordered or requested that no bond should be taken ; but 
such guardian shall in all cases give his own personal bond 
with conditions as prescribed by law : provided, that the 
judge of the probate court may at any time require a bond, 
with sufficient surety or sureties, if he is of opinion that 
the same is required by a change in .the situation or cir- 
cumstances of such guardian, or for other sufficient cause. 

Section 2. Every guardian under a will who neglects 
to give bond as required by this act, within such time as 
the probate court allows, shall be considered to have de- 
clined the" trust : provided, that no guardian who has 
already undertaken a trust under laws heretofore existing, 
shall be required by the provisions of this act to give bond, 
except when the judge of the probate court is of opinion 
that the same is required by a change in the situation or 
circumstances of such guardian, or for other sufficient cause. 

Approved February 26, ISSO. 



Guardians 
under wills ex- 
empt from giv- 
ing sureties on 
bonds, when so 
ordered by tes- 
tator. 



.Judge may re- 
quire a bond 
with sureties. 



Guardian neg- 
lecting to give 
bond, con- 
sidered to have, 
declined trujt. 
Proviso. 



36 



1880. — Chapters 35, 36, 37, 38. 



Chap. 35 An Act defining the words "premium received" in chap- 
ter ONE HUNDRED AND EIGHT OF THE ACTS OF THE YEAR 
EIGHTEEN HUNDRED AND SEVENTY-FOUR. 

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

Wherever the words " premium received " occur in chap- 
ter one hundred and eight of the acts of the year eighteen 
hundred and seventy-four, they shall be held to mean the 
amount of premium written in the policy. 

Approved February 26^ 1880. 



" Premium re- 
ceived," defined. 

1874, 108. 



Chap. 36 An Act to change 



THE NAME OF 
COMPANY." 



CLARK W. BRYAN 



Name changed. 



Be it enacted., <&c., as follows : 
Section 1. The "Clark 



W. Bryan Company," a cor- 



poration established in Springfield under the general laws, 
shall be known as the " Springfield Printing Company," 
on and after the first day of April eighteen hundred and 
eighty. 

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

Approved February 26., 1880. 



Chap. 37 An Act relating to 



SERVICE AND 
EQUITY. 



ATTACHMENT IN CASES IN 



Service and at- 
tachment in 
cases in equity. 



Be it enacted., c5c., as follows: 

Section 1. When a case in equity is commenced hf 
bill or petition inserted in an original writ of summons, or 
of summons and attachment, or by a declaration in an 
action of contract or tort, the bill, or petition, or declara- 
tion, need not be inserted in the separate summons, nor in 
any copy of the original writ to be served on the defend- 
ant, nor in any copy of the writ deposited or left with or 
in the office of any register, clerk, treasurer, or other pub- 
lic officer, or officer of a corporation or other person, for 
the purpose of making an attachment. 

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

Approved February 27., 1880. 



Chap. 38 An Act 



TO 



REPEAL THE LAW FORBIDDING 

STREETS OF BOSTON. 



SMOKING IN THE 



Smoliing in 
streets in Bos- 
ton. 

Repeal of 
1818,171, §10. 



Be it enacted., tfcc, as follows: 

Section ten of chapter one hundred and seventy-one of 
the acts of the year eighteen hundred and eighteen is 
hereby amended by striking out the words " or shall smoke, 
or have in his or her possession, any lighted pipe or cigar, 
in any street, lane. or passage way, or on any wharf, in said 
town." Ajjproved February 21, 1880. 



1880. — Chapters 39, 40, 41, 42. 



37 



(^uincy rein- 
stated in Suffolk 
lumber district. 



Salary estab- 
lished. 



To take effect 
January 1, 1880. 



An Act to reinstate the town of quincy in the lumber Chap. 39 

DISTRICT FOR "SUFFOLK AND VICINITY." 

Be it enacted^ tOc, as follows : 

Section 1. So much of section seven, chapter sixty- 
five, of the acts of the year eighteen hundred and seventy- 
eight, as relates to the town of Quincy, is hereby repealed ; 
and said town is reinstated in the lumber district for Suf- 
folk couuty and vicinity, as provided in section one hundred 
and twenty-six of chapter forty-nine of the General Statutes. 

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

A^jproved February 27, 1880. 

An Act to establish the salary op the surgeon-general. Chap. 40 
Be it enacted, &c., as folloios : 

Section 1. The surgeon-general shall receive a salary 
of twelve hundred dollars per annum, and at the same rate 
for any fraction thereof. 

Section 2. All acts and parts of acts inconsistent Repeal 
herewith are hereby repealed. 

Section 3. This act shall take effect from the first 
day of January, eighteen hundred and eighty. 

Approved February 27, 1880. 
An Act to authorize the town of wilbraham to take Chap. 41 

CERTAIN LAND FOR SCHOOLHOUSE PURPOSES. 

Be it enacted, &c., as folloios : 

The town of Wilbraham and its selectmen shall have 
the same right to designate, select and use for a school- 
house lot, a portion of the open land called the " Green," 
on the easterly side of the main street in the central vil- 
lage of said town, as if the public had no rights or ease- 
ments therein. Approved February 27, 1880. 

An Act to enable the wollaston wharf and dock com- 
pany TO hold additional real estate in quincy. 

Be it enacted, &c., as follows : 

Section 1. The Wollaston Wharf and Dock Com- 
pany, a corporation chartered by cliapter seventy-six of 
the acts of the year eighteen hundred and seventy-five, is 
hereby empowered to purchase and hold, in fee simple or 
otherwise, and for the purposes in said charter expressed, 
two hundred acres of land in the town of Quincy in addi- 
tion to the land which by said charter said corporation is 
now authorized to purchase and hold. 

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

Approved February 27, 1880. 



May take land 
for schoolhouse 
purposes. 



Chap. 42 



May hold ad- 
ditional real es- 
tate. 



38 



1880. — Chapters 43, 44, 45, 46. 



Chap. 43 An Act to extend the charter of the real estate and 

BUILDING COMPANY. 



Charter ex- 
tended. 



Chap. 44 



The Fay fund 
may be trans- 
ferred to the 
Society for the 
Relief of Aged 
and Destitute 
Clergymen. 



Be it enacted^ t&c, as follows : 

Section 1, The Real Estate and Building Company 
shall be and remain a corporation for a further term of five 
3^ears after the expiration of its present charter, and shall, 
during said further term, have the powers and privileges, 
and be subject to the duties, liabilities and restrictions, set 
forth in its charter and in the general laws which are or 
may be in force relating to such corporations. 

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

Approved February 27, 18S0. 

An Act to authorize the American unitarian association 
to transfer the fay fund to the society for the relief 
of aged and destitute clergymen. 

Be it enacted, &c. , as follows : 

The American Unitarian Association is authorized to 
transfer to the Society for the Relief of Aged and Desti- 
tute Clergymen, and said society is authorized to receive, 
the funds known as the Fay fund, now held by said as- 
sociation under the will of Hannah Maria Fay late of 
Framingham, deceased, said will having been probated at 
Cambridge, March twentieth, eighteen hundred and seven- 
ty-seven, and the said society is to assume and discharge 
the trusts arising thereunder. 

> Approved February 27, 1880. 



Chap. 45 



Name changed 
to " Williston 
and Knight Co." 



An Act to change the name of the national button com- 
pany OF easthampton. 

Be it enacted, &c., as follows: 

Section 1. The name of the "National Button Com- 
pany " of Easthampton, a corporation organized under the 
general laws of the Commonwealth, is hereby changed to 
the*" Williston and Knight Company." 

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

Approved February 27,' 1880. 



Chap. 46 An Act to authorize the proprietors of the boston 

ATHENE UM TO HOLD ADDITIONAL PROPERTY. 

Be it enacted, &c., as follows: 

May hold ad- Tlie proprietors of the Boston Athenseum and their 

plrsoni/^estate^ succcssors, iu addition to works or objects of literature, 

science and the arts, and to the property which they are 

now allowed by law to hold for income, may take, hold 



1880. — Chapters 47, 48, 49. 



39 



and convejs for tlie purpose of iiicoine, real and personal 
property not exceeding seven hundred thousand dollars in 
value, the income thereof to be applied to the purposes 
specified in their act of incorporation. 

AjJj^roved March 2, 1880. 



An Act relating to the construction of a road and 

BRIDGES OVER DEAN's RIVER AND IIOG ISLAND RIVER. 

Be it enacted^ cfec, as foUoivs : 

Section 1. L. G. Burnham, Rufus Choate and N. C. 
Marshall, are herel)y authorized to construct a road and 
bridges across Dean's River and Hog Island River in the ^s^ex. 
town of Essex, upon plans to be approved by the harbor 
commissioners. 

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

Approved March 2, 1880. 



Chap. 47 



Bridge across 
Dean's and Hog 
Island Rivers in 



An Act authorizing the superior court to hold sessions 
by adjournment at bridgewater in the county of plym- 
OUTH. 

Be it enacted^ &c., as follows : 

Section 1. The justices holding the respective terms 
of the superior court in and for the county of Plymouth 
shall have the same power to adjourn any of the established 
terms of said court for said county from Plymouth to 
Bridgewater as they now have to adjourn from one shire 
town to another; any adjournment so made shall have the 
same effect as if made from one shire town to another, and 
shall be subject to all the provisions of law relating to 
adjournments from one shire town to another. The county 
commissioners of said county are hereby authorized and 
directed to provide a suitable place at Bridgewater for 
holding said adjourned terms : provided, that nothing here- 
in contained shall be so construed as to authorize the erec- 
tion or purchase of any building by said commissioners. 

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

Approved March 4, 1880. 



Chap. 48 



Terms of su- 
perior court 
may be 

adjourned from 
Plymouth to 
Bridgewater. 



Suitable place to 
be provided for 
holding terms 
at Bridgewater. 



An Act in addition to the act incorporating the boston 

EPISCOPAL charitable SOCIETY. 

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

Section 1. The Boston Episcopal Charitable Society, 
incorporated on the twelfth day of February in the year 
seventeen hundred and eighty-four, is authorized and em- 



Chap. 49 



May hold ad- 
ditional real and 
personal estate. 



40 



1880. — Chapters 50, 51, 52. 



Chap. 50 



Five fire wards 
to be elected in 
Marblebead. 



Chap. 5 1 



Severy school 
fund in Gard- 
ner. 

1854, 365, § 1. 



Chap. 52 



Powers of 
county commis- 
sioners trans- 
ferred to select- 
men of West 
Springfield. 
1872, 132, § 8. 



powered to hold real and personal property to the amount 
of one hundred and fifty thousand dollars in addition to the 
amount which it is now authorized to hold for the chari- 
table purposes mentioned in said act of incorporation. 
Section 2. This act shall take effect upon its passage. 

Approved March 4, 1880. 

An Act to amend ' ' an act to establish a fire department 

IN THE town of MARBLEHEAD." 

Be it enacted, &c., as follows: 

Section 1. Section one of chapter three of the acts of 
the year eighteen liundred and twenty-nine is hereby 
amended, so that the number of fire wards provided to be 
chosen by the inhabitants of the town of Marblehead at 
their annual meeting in March or April shall be "five" 
instead of " nine." 

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

Approved March 4, 1880. 

An Act to amend chapter three hundred and sixty-five 
OF the acts of the year eighteen hundred and fifty- 
four, entitled " AN ACT TO INCORPORATE THE TRUSTEES OF 
THE SEVERY SCHOOL FUND IN GARDNER." 

Be it enacted, tfcc, as follows: 

Section 1. Section one of chapter three hundred and 
sixty-five of the acts of the year one thousand eight hun- 
dred and fifty-four is hereby amended by striking out in 
the first line thereof the words "inhabitants of school 
district number two," and inserting in place thereof the 
words " legal voters ; " also by striking out in the eighth 
line of the same section the word "inhabitants," and in- 
serting in place thereof the words " legal voters." 

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

Approved March 4, 1880. 

An Act to authorize the selectmen of west springfield 

TO REPAIR, protect AND MAINTAIN THE DAM AND CHANNEL 

op agawam river. 

Be it enacted, &c., as follows : 

Section 1. The powers vested in the county commis- 
sioners of the county of Hampden by section eight, chap- 
ter one hundred and thirty-two of the acts of the year 
eighteen hundred and seventy-two, are hereby given to 
the selectmen of the town of West Springfield, for the 
purpose of repairing, protecting and maintaining the dam 



1880. 



Chapters 53, 54. 



41 



and channel mentioned in said act ; the expense of such 
repairs, protection and maintenance to be borne and paid 
by the town of West Springfield. 

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

Approved March 4, 1S80. 



Chaj). 53 



An Act relating to the trustees of milton academy. 
Be it enacted, &c., as follows: 

Section 1. The trustees of Milton Academy who may TrustcoHtohoid 
be hereafter elected shall hold oiSce for a limited term of 
three years, and until their successors are chosen. But 
they shall at all times be eligible for re-election. 

Section 2. Said trustees are hereby authorized to re- 
ceive and hold, for the purposes and objects expressed in 
their charter, real and personal estate to the same amount 
as other associations entered into for any educational pur- 
pose are authorized to hold real and personal estate under 
chapter three hundred and seventy-five of the acts of the 
year eighteen hundred and seventy-four. 

Section 3. This act shall take effect when accepted 
by said trustees of Milton Academy. 

AjJj^roved March 5, 1880. 



ollice for three 
years. 



May hold real 
and personal 
estate. 



An Act to incorporate the trustees of the chapter of (JJiay). 54 

the alpha delta phi fraternity in WILLIAMS COLLEGE. 

Be it enacted, &c., as follows: 

Section 1. William G. Harding, George F. Mills, corporatora. 
William H. Swift, their associates and successors, are 
made a corporation under the name of the " Trustees of Name and 
the chapter of the Alpha Delta Phi Fraternit}^ in Williams p"''^'""'- 
College," for the purpose of holding and managing the real 
estate and personal property of the said chapter, with the 
powers and privileges and subject to the duties, liabilities 
and restrictions set forth in the general laws which now 
are or may hereafter be in force relating to such corpora- 
tions. 

Section 2. The said corporation may receive, pur- 
chase, hold and convey real and personal property for the $50,000^ 
uses of the above named society : provided, that the value 
of the real estate so held at any time shall not exceed fifty 
thousand dollars, and said property shall not be exempt 
from taxation. 

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

Approved March 5, 1880. 
6 



Powers and 
duties. 



Real estate not 



42 



1880. — Chapters 55, 56, 57. 



OF PHILLIPS ACADEMY 
REAL AND PERSONAL 



Real estate not 
to exceed 
$500,000. 
Personal estate 
not to exceed 
$1,000,000. 



Chap. 55 An Act to authorize the trustees 
in andover to hold additional 
estate. 

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

Section 1. The trustees of Phillips Academy are 
hereby authorized to receive, purchase and hold, by gift, 
grant, devise, bequest or otherwise, for the further endow- 
ment of either or both departments of the said institution 
and in furtherance of the design of the founders and bene- 
factors of said academy, real estate to an amount not ex- 
ceeding five hundred thousand dollars, and personal estate 
to an amount not exceeding one million dollars : provided, 
the income of said estate shall always be applied to the 
objects and purposes of the said institution and agreeably 
to the will of the donors. 

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

Approved March 5, 1880. 



Chap. 56 



Time extended 
for buying laud 
for a public 
park, etc. 



An Act to extend the time during which the city of 
worcester is authorized to buy and hold certain land 
for a public park and a reservoir. 

Be it enacted, &c., as follows : 

The city of Worcester by its city council at any time 
within two years from the fifteenth day of April in the 
year eighteen hundred and eighty may buy and hold for 
the purposes named in chapter one hundred and ninety-six 
of the acts of the year eighteen hundred and seventy- 
three the land therein described. 

Approved March 5, 1880. 



Chap. 



5 "I An Act to authorize the fitchburg railroad company to 

BUILD a bridge over A PORTION OF MILLEr's RIVER. 

Be it enacted, &c., as follows : 

Section 1. The Fitchburg Railroad Company is here- 
by authorized to build a bridge over a portion of Miller's 
fppi"ovai''^f har° Rivcr iu the city of Boston to connect the land recently 
bor and land purchascd bv Said company in Boston and Somerville, 
for additional terminal facilities, with the highway at the 
north-westerly side of the Prison Point bridge; the plan 
and location of said bridge shall be subject to the approval 
and direction of the board of harbor and land commis- 



May build 
bridge over por- 
tion of Miller's 



sioners. 
Section 2. 



This act shall take effect upon its passage. 
Approved March 5, 1880. 



1880. 



Chapters 58, 59, 60. 



43 



An Act to authorize the boston young men's christian Chap. 58 

ASSOCIATION to HOLD ADDITIONAL REAL AND PERSONAL 
ESTATE. 

Be it enacted, &c., as follows: 

The Boston Young Men's Christian Association is hereby Real and per- 
authorized to hold real and personal estate to an amount to't^cetT'' °°'' 
not exceeding in all, five hundred thousand dollars. $500,000. 

Approved March 5, 1880. 



An Act to provide for an associate medical examiner in 

THE county of SUFFOLK. 

Be it enacted, &c., as follows: 

Section 1. The governor may, with the advice and 
consent of. the council, appoint an associate medical exam- 
iner for the county of Suffolk who shall, at the request of 
either of the medical examiners of said county, perform 
the duties and exercise the powers of said medical exam- 
iners. He shall receive as compensation for his services 
the same fees as are now allowed to medical examiners in 
counties other than Suffolk, which compensation shall be 
deducted from the salaiy of the medical examiner on 
whose behalf the services have been performed : provided., 
however, that in no event shall such compensation exceed 
two hundred and fifty dollars in any one month. 

Section 2. Said associate medical examiner shall hold 
his office for the term of seven years, but shall be liable to 
removal from office at any time by the governor and coun- 
cil for cause shown. Before entering upon his duties he 
shall be sworn and give bond with sureties, in the sum of 
five thousand dollars, to the treasurer of the county for 
the faithful performance of his duties. 

Approved March 5, 1880. 



Chap. 59 



Associate med- 
ical examiner 
for the county 
of Suffolk to be 
appointed. 



Compensation. 



To hold office 
for seven years. 



To be sworn 
and give bond. 



An Act to prescribe the method of electing collectors Chap. 60 

OF TAXES IN TOWNS, AND FIXING THEIR FEES. 

Beit enacted, &c., as folloivs: 

Section 1. Collectors of taxes in towns, elected under collectors of 
the provisions of chapter eighteen of the General Statutes, iTby b°aiio^''*''^" 
shall be elected by ballot. 

Section 2. The compensation of collector of taxes in compensation 
towns shall be fixed by the towns at the annual meeting, n'uaUceetiuV" 
or at a special meeting called for that purpose. 

Approved March 5, 1880. 



44 



Chap. 



1880. — Chapters 61, 62. 



Fisheries regu- 
lated in certain 
waters in coun- 
ties of Dukes 
County,' Bristol, 
Plymouth and 
Barnstable. 



I 



51 An Act to regulate fishing in certain waters 
pounds and other fixed apparatus. 



BY FISH 



One-half of pen- 
alty for use of 
prosecutor. 



Prosecutions to 
be commenced 
within three 
months. 

Fishing not per- 
mitted where 
now forbidden 
by law. 



Chap. 62 



Obstructions of 
highways. 
G. S. 44, § 8. 



Be it enacted, t&c, as follows : 

Section 1. From the first day of May to the fifteenth 
day of June in each year no person shall. set, or permit to 
remain set, any fish pound, weir, trap, f^'ke or other simi- 
lar fixed apparatus for catching fish, except gill nets, 
between the hours of six o'clock on Saturday morning and 
six o'clock on the succeeding Sunday evening, so as to 
catch any fish, in the tidal waters of the county of Dukes 
County and of the county of Bristol and of the towns of 
Mattapoisett, Marion and Wareham in the county of 
Plymouth, and in the tidal waters on the westerly 
boundaries of the towns of Sandwich and Falmouth at 
and near Buzzard's Bay, and on that portion of .the south- 
erly boundary of the county of Barnstable extending from 
the south-westerl}^ corner of the town of Falmouth easterly 
to Point Gammon in the town of Yarmouth. 

Section 2. Whoever by himself or by his servants or 
agents, or as the servant or agent of another, violates any 
of the provisions of this act, shall be punished by a fine of 
not more than two hundred dollars nor less than one hun- 
dred dollars. 

Section 3. One-half of the penalty paid on convic- 
tion shall be for the use of the person commencing the 
prosecution whether by complaint or indictment. 

Section 4. All prosecutions under this act shall be 
commenced within three months after the offence commit- 
ted and not afterwards. 

Section 5. The provisions of this act shall not be con- 
strued so as to permit fishing with such fixed apparatus 
where it is now forbidden by law. 

Approved March 5, 1S80. 

An Act to amend chapter forty-four of the general 
statutes relating to obstructions of highways. 

Be it enacted, &c., as follows: 

Section 1. Section eight of chapter forty-four of the 
General Statutes is hereby amended by inserting after the 
words "trees and bushes," in the third line, the words 
" except such as are needed for shade trees, and may dis- 
pose of the same, for the benefit of the highway : provided, 
the adjacent land owners neglect to cut and remove said 
trees and bushes, after thirty days' notice in writing." 

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

Approved March 5, 1880. 



1880. — Chapters 63, 64. 



45 



An Act to amend an act establishing a system of pub- Q/iap, 63 

Lie WAREHOUSING. 

Be it enacted, &c., as follows: 

Section 1. Any corporation established under the a corporation 
laws of this Commonwealth, and having its place of busi- l."i'a public °'"*' 
ness in the Commonwealth, may be licensed and ap- warehouseman, 
pointed, under the provisions of chapter two hundred and 
six of the acts of the year eighteen hundred and sixty, to 
be a public warehouseman, upon giving bond, with suffi- 
cient sureties, to the treasurer of the Commonwealth, to 
be approved by the governor, for the faithful discharge of 
its duties, and shall be governed by all the rules, and 
entitled to all the privileges and subject to all the liabili- 
ties provided by law in regard to persons who may become 
public warehousemen under the laws of the Common- 
wealth. 

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

Approved March 5, 1880. 



An Act giving probate courts jurisdiction of rights of QJkj^^ 
husbands and wives, and for the protection of minor 
children. 

Be it enacted, &c., as foUoios : 

Section 1. The probate courts shall have exclusive 
original jurisdiction of all cases arising under chapter two 
hundred and five of the acts of the year eighteen hun- 
dred and seventy-four, being " An Act relating to the rights 
of husbands and wives, and for the protection of minor 
children," and under all acts and parts of acts in amend- 
ment thereof or in addition thereto. And they may en- 
force their orders and decrees in the same manner as the 
supreme judicial court may now enforce its orders and 
decrees in relation to the same subjects. 

Section 2. Any person aggrieved by any order, sen- 
tence, decree or denial of the probate court or judge under 
this act, may appeal therefrom to the supreme judicial 
court in the manner provided by law for probate appeals ; 
but such appeal shall not suspend or vacate the order or 
other act appealed from, and the same shall remain in force 
until reversed or modified by the appellate court : provided, 
however, that the supreme judicial court for any county or 
any justice thereof, in terra time or vacation, may suspend 
or modify the same during the pendency of such appeal. 

Section 3. This act shall not affect any proceeding 
commenced prior to the time when the same shall take 
effect. Ap)proved March 5, 1880. 



64 



Exclusive origi- 
nal jurisdiction 
of cases relating 
to husbands and 
wives, etc., aris- 
ing under 1874, 
205. 



May enforce 
orders and 
decrees. 



Person ag- 
grieved may 
appeal. 



Proviso. 



46 



1880. — Chapters 65, 66, 67. 



Chap. 



Persons not 
inhabitants, 
eligible. 



To take effect 
upon accept- 



65 An Act to provide for the eligibility of persons not 
inhabitants of this commonwealth as overseers of har- 
vard college. 

Be it enacted, tfcc, as follows : 

Section 1. Persons not inhabitants of this Common- 
wealth and otherwise qualified shall be eligible as over- 
seers of Harvard College. 

Section 2. This act shall take effect on its acceptance 
by the President and Fellows and by the Board of Over- 
seers of Harvard College respectively, at meetings held 
for that purpose. Approved March 5, 1880. 



Chap. 



Neglected and 
destitute chil- 
dren. 
1873, 367. 



Q^ An Act to amend chapter three hundred and sixty-seven 

OF THE ACTS OF THE TEAR EIGHTEEN HUNDRED AND SEVENTY- 
THREE, FOR THE BETTER PROTECTION OF NEGLECTED AND DES- 
TITUTE CHILDREN. 

Be it enacted, &c., as follows: 

Section 1. Chapter three hundred and sixty-seven of 
the acts of the year eighteen hundred and seventy-three 
is hereb}^ amended, so that an appointment may be made 
in the manner therein provided, of a guardian, who shall 
have the custody of any minor child one of whose par- 
ents is unfit to have such custody, provided the other 
parent of said child files in the probate court his or her 
consent in writing to such appointment. 

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

Approved March 8, 1880. 



Names of streets 
and ways not to 
be duplicated. 



Chap. 67 An Act in relation to names of public ways in the city 

OF BOSTON. 

Be it enacted, &c., as follows. • 

Section 1. From and after the date of the passage of 

this act no name shall be newly assigned to any public 

way in the city of Boston by which any other public way 

is already called, whether under the title of street, avenue, 

court, place, alley, or other descriptive title ; but any way 

not affording continuous passage for teams between two 

other ways may be termed a court or place, and receive 

the name of an}'^ way with which it communicates. And 

any extension or continuation of a public way may be 

called by the same name. 

street commis- SECTION 2. The iiamcs of all public ways hereafter 

naml8Vf°street8 l^i^l out by the board of street commissioners of the city 

hereafter laid gf Bostou shall bc fixcd by a vote of said board. Such 

out. "^ 



1880. — Chapters 68, 69. 



47 



vote shall take effect upon such laying out, shall be pub- 
lished in such manner as said board shall direct, and shall 
be certified by the clerk of said board to the register of 
deeds for the county of Suffolk. The names of all public 
ways not already fixed, and changes in the names of ways, 
may be made by the same authority, confirmed by the 
board of aldermen of said city, and not othei-wise. Such 
changes shall take eifect on the first day of March of each 
year, shall be published in such manner as the board of 
aldermen shall direct, and shall be certified by the city 
clerk to the register of deeds for the county of Suffolk. 

Section 3. Chapter one hundred and ninety-nine of Repeal, 
the laws of eighteen hundred and sixty-eight is hereby re- * ' 
pealed. 

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

Approved March 8, 1880. 



An Act to regulate the taking of salmon in this com- Chap. 68 

MON WEALTH. 

Be it enacted^ tfec, as follows: 

Section 1. Whoever takes or catches any salmon in saimonnottobe 
any of the waters of this Commonwealth for a period of 
two years from and after the first day of April in the j^ear 
eighteen hundred and eighty shall be punished for each 
offence by a fine of not less than fifty nor more than two 
hundred dollars, or by imprisonment in the house of cor- 
rection not less than two nor more than six months : pro- 
vided^ that any one catching salmon when lawfully fishing, 
and immediately returning them alive to the waters 
whence taken, shall not be subject to the penalty provided 
in this section. 

Section 2. Except as provided in the last clause of 
the preceding section, whoever takes or catches any sal- 
mon at any time in any of the waters of this Common- 
wealth, except with naturally or artificially baited hook 
and hand line, shall be punished, for each fish so taken or 
caught, by a fine of not less than fifty nor more than two 
hundred dollars. Approved March 8, 1880. 



taken or eaught 
until April 1, 

1882. 



Proviso. 



Not to be taken 
at any time, ex- 
cept with hook 
and hand line. 



An Act to change the name of the " ladies' American Chap. 69 

HOME education SOCIETY AND TEMPERANCE UNION." 

Be it enacted^ tt'C., as follows : 

Section 1. The "Ladies' American Home Education Name changed 
Society and Temperance Union," a corporation established *<> " N'tkerson 



48 



1880. — Chapters 70, 71. 



Home for Chil- 
dren." 



in Boston under the provisions of chapter two hundred 
and eleven of the acts of the year eighteen hundred and 
fifty, shall be known as the " Nickerson Home for Chil- 
dren," on and after the first day of April eighteen hun- 
dred and eighty. 

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

Approved March 11, 1880. 



Chap. 70 -A.N Act to confirm a mortgage executed by the boston, 

CLINTON, FITCHBURG AND NEW BEDFORD RAILROAD COMPANY. 

Be it enacted, &c., as folloios: 

Section 1. The indenture dated the first day of Jan- 
uary in the year eighteen hundred and eighty, whereby 
the Boston, Clinton, Fitchburg and New Bedford Railroad 
Company conveyed its railroad and other property in trust 
and mortgage to the New England Trust Company to 
secure certain bonds, is hereby ratified and confirmed. 

Section 2. The provis'ons of law relating to recording 
mortgages of personal property shall be deemed to have 
been complied with if the said indenture is recorded 
within sixty days from the passage of this act in accord- 
ance with the provisions of section one of chapter one 
hundred and fifty-one of the General Statutes. 

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

Approved March 11 , 1880. 



Indenture rati- 
fied and con- 
firmed. 



To be recorded 
■within sixty 
days. 



Chap. 71 



Organization 
and proceedings 
confirmed. 



Powers and 
duties. 



An Act to confirm the organization and proceedings of 
the braintree cemetery association. 

Be it enacted, &c., as follows: 

Section 1. The acts and proceedings of Alva Morri- 
son, Atherton T. Wild, Nathaniel H. Hunt, Joseph Dyer, 
junior, Francis A. Hobart and their associates in organiz- 
ing the Braintree Cemetery Association, and the subse- 
quent proceedings of the above named persons, their asso- 
ciates and successors under said organization, are hereby 
ratified and confirmed ; and the Braintree Cemetery Asso- 
ciation is hereby established as an existing corporation, 
with all the powers, rights and privileges, and subject to 
all the duties, limitations and restrictions conferred by 
general laws upon such corporations. 

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

Approved March 11, 1880. 



1880. — Chapters 72, 73. 49 

An Act authorizing the winnisimmet company to hold Chap. 72 

CERTAIN REAL ESTATE. 

Be it enacted^ t&c, as foUoivs : 

The deed from Edwin Tufts to tlie Winnisimmet Com- Deed from 
pauy dated the tenth day of July in the year eighteen fjnfinnld/'*' 
hundred and seventy-seven and recorded in the registry 
of deeds for the county of Suffolk, book thirteen hundred 
and eighty-one, page three hundred and twelve, is hereby 
made of the same effect as if said company was empow- 
ered at the time of the execution of said deed to take by company may 
conveyance the real estate described therein. And said ^°^'^ '''''^' estate. 
company may hold the real estate conveyed to it by said 
deed. Approved March 11, 1880. 

An Act to incorporate the southbridge water supply Chap. 73 

company. 
Be it enacted, &c., as folloivs : 

Section 1. Francis L. Chapin, Andrew J. Bartholo- Water supply 
mew, Chester A. Dresser, William Edwards, George W. forSouthbridge. 
Wells, George A. Dresser, Daniel Whitford and George 
S. Stone, their associates and successors, are hereby made 
a corporation by the name of the Southbridge Water 
Supply Company, for the purpose of furnishing the inhab- 
itants of Southbridge with pure water for the extinguish- 
ment of fires, domestic and other purposes ; with all the 
po^vers and privileges, and subject to all the duties, re- Powers and 
strictions and liabilities set forth in all general laws which '^'^^'*^^- 
now are or hereafter may be in force applicable to such 
corporations. 

Section 2. Said corporation may take, hold and con- May take water 
vey into and through the town of Southbridge or any Brook!^°^" 
part thereof, the water in what is known as the Glover 
Brook passing through the centre village, and may take 
and hold by purchase or otherwise any real estate neces- 
sary for the preservation and purity of the same, or for 
forming any dams or reservoirs to hold the same, and for 
laying and maintaining aqueducts and pipes for distrib- 
uting the waters so taken and held ; and may lay its water May lay pipes 
pipes through any private lands, with the right to enter lauds?''^"^''*^ 
u})on the same and dig therein for the purpose of making 
all necessar}'' repairs ; and for the purposes aforesaid may 
carry its pipes under or over any water-course, street, 
railroad, highway or other way, in such manner as not 
to obstruct the same ; and may, under the direction of 
the board of selectmen, enter upon and dig up any road May enter upon 

7 



50 



1880. — Chapter 73. 



and dig up 
roads. 



To file in the 
registry of 
deeds, a de^scrip- 
tion of the land 
taken. 



May fix rates for 
use of water. 



Real and per- 
sonal estate not 
to exceed 
$30,000. 

Capital stock 
and shares. 

Penalty for di- 
verting water or 
rendering it 
mpure. 



Town of South- 
bridge and any 
fire district may 
purchase prop- 
erty at cost. 



or other way for the purpose of laying or repairing its 
aqueducts, pipes or other works ; and in general may do 
any other acts and things convenient or proper for carry- 
ing out the purposes of this act. 

Section 3. Said corporation shall, within sixty days 
after the taking of any land under the provisions of this 
act, file in the registry of deeds of the county of Worces- 
ter a description of any land so taken, sufficiently accu- 
rate for identification, and state the purposes for which it 
is so taken ; and the title of land so taken shall vest in 
said corporation. Any person injured in any way by any 
acts of said corporation, and failing to agree with said cor- 
poration as to the amount of damages, may have the same 
assessed and determined in the manner provided when 
land is taken for highways. 

Section 4. Said corporation may distribute the water 
through said Southbridge ; may establish and fix from 
time to time the rates "for the use of said water, and 
collect the same ; and may make such contracts with the 
town of Southbridge or any fire district that may be here- 
after established, or with individuals, to supply water for 
fire or for other purposes, as may be agreed upon by said 
town, or such fire district or individuals and said corpora- 
tion. 

Section 5. Said corporation for the purposes set forth 
in this act may hold real and personal estate not exceed- 
ing in amount thirty thousand dollars in value ; and the 
whole capital stock shall not exceed forty thousand dol- 
lars to be divided into shares of fifty dollars each. 

Section 6. If any person shall use any of said water 
taken under this act without the consent of said corpora- 
tion, or shall wantonly or maliciously divert the water or 
any part thereof so taken, or corrupt the same, or render 
it impure, or destroy or injure any dam, aqueduct, pipe, 
conduit, hydrant, machinery or other works, or property, 
held, owned or used by said corporation, under the author- 
ity of and for the purposes of this act, he shall forfeit and 
pay to said corporation three times the amount assessed 
therefor, to be recovered in an action of tort ; and on con- 
viction of either of the wanton or malicious acts aforesaid 
may be punished by a fine not exceeding three hundred 
dollars or by imprisonment in jail not exceeding one year. 

Section 7. The town of Southbridge and any fire dis- 
trict that may be established, shall have the right at any 
time during the continuance of the charter hereby grant- 
ed, to purchase the corporate property and all the rights 



1880. 



Chapter 74. 



51 



and privileges of said company at the actual cost of the 
same, or if mutually agreed upon between said corpora- 
tion and said town or any fire district which may be here- 
after established in said town, at a less price ; and said 
corporation is hereby authorized to make sale of the same 
to said town or such fire district ; but such authority to 
purchase said franchise and property is granted to said 
town upon the 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 meet- 
ing called to act on that subject. 

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

Approved March 11, 1880. 



An Act in addition to an act to supply the city of Chap. 74 

TAUNTON with PURE WATER. 



Water supply 
for city of 
Taunton. 



Taunton Water 
Loan. 



Be it enacted, &c., as folloios : 

Section 1. The city of Taunton for the purposes 
mentioned in the fifth section of chapter two hundred and 
seventeen of the acts of the year one thousand eight hun- 
dred and seventy-five, and for defraying all costs and ex- 
penses which may be incurred under the provisions of this 
act additional thereto, may issue notes, scrip, bonds, or 
certificates of debt to be denominated on the face thereof 
" Taunton Water Loan," to an amount not exceeding one 
hundred thousand dollars in addition to the amounts au- 
thorized by said chapter and chapter seventy of the acts 
of the year eighteen hundred and seventy-seven, to be 
issued upon like terms and conditions and with like pow- 
ers in all respects as are provided in said chapter two hun- 
dred and seventeen for the issue of bonds of said city : 
provided, that the whole amount of such water scrip, notes. Proviso 
bonds, or certificates of debt, issued by said city under the 
authority given by this act and the other acts above men- 
tioned, shall not in any event exceed the amount of three 
hundred and fifty thousand dollars. 

Section 2. The city of Taunton may take and hold 
by purchase or otherwise such lands as it may deem neces- 
sary, adjoining the Taunton Great lliver within the limits Kaynham 
of the city of Taunton or town of Raynham, in addition 
to the land already taken and held by said city under the 
provisions of chapter two hundred and seventeen of the 
acts of the year one thousand eight hundred and seventy- 
five, for the purpose of extending and increasing the sup- 
ply of pure water, and for laying, maintaining and con- 



City of Taunton 
may take land 
in Taunton and 



52 



1880. — Chapters 75, 76. 



To file in the 
registry of 
deeds, a deBcrip- 
tion of the land 
taken. 



stnicting the conduits, pipes, reservoirs and other works 
for holding, collecting, filtering, purifying, conducting and 
distributing the waters of said river or such waters as may 
be drawn from the land taken under this and said previous 
acts. 

Section 3. Said citj^ of Taunton shall, within sixty 
days from the time of taking of any land as herein pro- 
vided, file in the registry of deeds in which by existing 
laws a deed of the same is required to be recorded, a de- 
scription of the land so taken sufficiently accural^e for 
identification, and shall state therein the purposes for 
which it is taken, and the title of all land so taken shall 
vest in said city. Any person injured in his property 
under this act and failing to agree with said city as to the 
amount of damages may have the same assessed and deter- 
mined in the same manner as is provided where land is 
taken for highways. 

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

Approved March 11, 1880. 

Chap. 75 An Act to authorize the city of newton to issue addi- 
tional WATER SCRIP. 

Be it enacted, &c., as follows : 

Section 1. The city of Newton, in addition to the 
amount of water scrip authorized by chapter three hun- 
dred forty-four of the acts of the year eighteen hundred 
and seventy-two, and by section thirty of chapter three 
hundred and twenty-six of the acts of the year eighteen 
hundred and seventy-three, and by chapter thirty-five 
of the acts of the year eighteen hundred and seventy-six, 
may issue a further amount thereof, not exceeding the sum 
of one hundred thousand dollars, in accordance with the 
provision of the act first herein referred to and for the 
purposes named therein. 

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

Approved March, 11 1880. 

An Act to authorize the town of waltham to raise ad- 
ditional FUNDS TO COMPLETE ITS WATER WORKS. 

Be it enacted, &c., as follows: 

Section 1. The town of Waltham is hereby author- 
ized, for the purposes named in chapter three hundred and 
thirty-seven of the acts of the year eighteen hundred and 
seventy-two, to raise by taxation, or by borrowing from 
time to time, an amount not exceeding fifty thousand dol- 



City of Newton 
may issue addi- 
tional water 
scrip. 



Chap. 76 



May raise money 
by taxation to 
complete water 
works. 



1880. — Chapters 77, 78. 



53 



May establish 
and maintain a 
hospital. 



lars in addition to the amounts authorized by said act and 
by chapter eighty-four of the acts of the year eighteen 
hundred and seventy-five, upon like terms and conditions, 
and witli Hive powers in all respects as provided in said 
acts for the raising of money. 

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

Approved March 11, 1880. 

An Act to authorize the city of haverhill to establish Chap. 77 
A hospital. 

Be it enacted, tfec, as foUo2vs : 

Section 1. The city of Haverhill is hereby authorized 
to erect, establish and maintain a hospital, which shall be 
called the Haverhill City Hospital, for the reception of 
persons who may need medical or surgical treatment dur- 
ing temporary sickness or injury, and to hold real and per- 
sonal property, which may from time to time be donated 
therefor, to an amount not exceeding two hundred and 
fifty thousand dollars, for the uses and purposes of said 
hospital. 

Section 2. Said hospital shall be under the care, con- 
trol and management of a board of trustees consisting of 
nine persons, one of whom shall be the mayor of said city 
for the time being, ex officio, and not more than three of 
whom shall be physicians ; but they shall incur no expense 
for the said hospital, or its management, beyond the sums 
which shall be donated therefor, or appropriated by the 
city council of said city for the purposes of the hospital. 

Section 3. The said city council by concurrent vote 
of both branches thereof shall elect eight persons, who 
with the mayor of said city for the time being shall con- 
stitute said board of trustees ; and whenever any vacancy 
shall occur in said board by death, resignation or other 
cause, such vacancy shall be filled by the remaining mem- 
bers of said board. 

Section 4. This act shall take effect upon its accept- 
ance by the city council of said city of Haverhill. 

Approved March 11, 1880. 



Board of trus- 
tees to consist of 
nine persons. 



Eight trustees 
to be elected by 
city council.. 



Subject to ac- 
ceptance. 



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

SALEM. 

Be it enacted, &c., asfoUoios: 

Section 1. Whenever in consequence of the death or charter 
resignation of the mayor or from any other cause, the ^™'="^'^'^- 
office shall have become vacant, and the board of aldermen 



78 



54 



1880. — Chapters 79, 80. 



Vacancy in the 
office of mayor. 



President of 
board of alder- 
men to act as 
mayor, during 
vacancy. 



Chaj). 79 



May raise money 
to celebrate an- 
niversary of set- 
tlement of town. 



and common council shall each have declared by vote that 
the office is vacant, the board of aldermen shall issue war- 
rants for the election of a mayor for the remainder of the 
term for which the last mayor was elected, unless the board 
of aldermen and common council shall each have declared 
by vote that it is inexpedient so to do ; and the same pro- 
ceedings shall be had as are provided by law for a choice 
of a mayor by the inhabitants. Until such vacancy is 
filled as aforesaid, and whenever the mayor from absence, 
illness, or other temporary disability cannot perform the 
duties of the office, and such vacancy or disability has been 
declared by the board of aldermen to exist, the president 
of the board of aldermen shall exercise the powers and 
perform the duties of mayor as long as such vacancy or 
disability continues ; but while so acting he shall not 
vote except when the other members of the board present 
and voting on any question shall be equally divided. 

Section 2. This act shall take efl'ect upon its accept- 
ance by the city council of said city of Salem. 

Approved March 11, 1880. 

An Act to authorize the town of medford to raise 

MONEY for the CELEBRATION OF THE TWO HUNDRED AND 
FIFTIETH ANNIVERSARY OF ITS SETTLEMENT. 

Be it enacted, &c., as follows: 

Section 1. The town of Medford is authorized to raise 
by taxation and appropriate a sum of money not exceed- 
ing the sum of seven thousand five hundred dollars for 
the purpose of celebrating during the present year the 
two hundred and fiftieth anniversary of its settlement. 

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

Approved March 11, 1880. 



Chap. 80 -A-N Act relative to sessions and adjournments of the 

FOURTH district COURT OF PLYMOUTH. 



Civil and crinii 
nal sessions of 
court to 
daily. 



Be it enacted, &c., asfollotos: 

Section 1. The Fourth District Court of Plymouth 
beheld shall be held for civil and criminal business daily, except 
on Sundays and legal holidays ; and return days for writs 
in civil actions therein shall be at Middleborough on the 
first and third Tuesdays, and at Wareham on the second 
and fourth Thursdays of each month. Said court may 
Adjournments, adjourii from ouc to tlic othcr of said towns whenever the 
public convenience may seem to the justice presiding 
therein to render such adjournment expedient, and when 



1880. — Chapters 81, 82. 



55 



Special justice 
holding ses- 
sion at Attle- 
borough, may 
issue mitti- 
muses, etc., 
under his own 
hand and seal. 



no justice is present the court may be so adjourned by to take fuu 
the sheriff of Plymouth county or either of his deputies, is^o*!' "^""^ ^' 

Section 2. This act shall take effect so far as it re- 
lates to adjournments of said court on its passage, and 
shall take full effect on the first day of June next. 

Approved March 11, 1880. 

An Act concerning the first district court of Bristol. Chap. 81 
Be it enacted, &c. , as follows : 

Section 1. The special justice of the first district court 
of Bristol holding a session of said court at Attleborough, 
under the provisions of chapter one hundred and eighty- 
nine of the acts of the year eighteen hundred and seventy- 
seven, may issue under his own hand and seal all mitti- 
muses, or other warrants, which may be necessary or 
proper in execution of the judgments rendered or sentences 
imposed by said justice. 

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

Approved March 11, 1880. 

An Act relative to the employment of police. 
Beit enacted, &c., as follows: 

Section 1. Upon the requisition of the selectmen of 
any town, it shall be lawful for the ma3^or of any city to 
furnish one or more police officers to serve the authorities 
of such town ; and while in the discharge of the duty re- 
quired by such selectmen, such police officers shall have 
all the authority of constables and police officers within 
the limits of such towns, except the service of civil 
process ; and such city so furnishing said police officers 
shall be entitled to receive from such town the amount of 
money paid to said police officers by said city for their 
services during said term, including the necessary travel- 
ling expenses incurred b}^ said officers in the discharge of 
such duty. 

Section 2. The mayor and aldermen of any city shall 
have like authority to employ the police officers of any 
other city in the manner and upon the terms set forth in 
the preceding section. 

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

Approved March 11, 1880. 



Chap. 82 



City police offi- 
cers may be fur- 
nished to serve 
town authori- 
ties, upon requi- 
sition of the 
selectmen. 



Pay for services 
and travelling 
expenses. 



City police offi- 
cers may be em- 
ployed in any 
other city. 



56 



1880. — Chapter 83. 



Chap. 83 An Act concerning telegraph and other wires. 



City and town 
autlioriticH may 
regulate ert'C- 
tion of telegraph 
and telephone 
lines. 



Construction of 
lines in violation 
of regulations 
may be re- 
strained by the 
Bupremejudicial 
court. 



Citizens of the 
state may be 
authorized to 
establish posts, 
wires, etc. 



Be it enacted, &c., as folloios : 

Section 1. The city council of any city, and the select- 
men of an}' town, may establish reasonable regulations for 
the erection and maintenance of all telegraph and tele- 
phone lines of wire within their respective cities or towns, 
including fire alarm and police lines, and all other lines 
owned or used by said cities or towns, and may permit the 
same to be laid under any public way or square. In cities 
such regulations shall be made by ordinance. 

Section 2. If any such line shall be constructed or 
maintained in violation of any such regulations, the city or 
town shall cause the owner or owners, constructor or con- 
structors, or parties using the same, to be forthwith noti- 
fied of such violation in writing, setting forth said viola- 
tion particularly ; and if after such notice the said parties 
or aii}^ of them shall proceed in such construction, or shall 
not within a reasonable time alter said lines to conform to 
said regulations, it shall be lawful for the supreme judicial 
court or any justice thereof, either in term time or vaca- 
tion, to issue an injunction restraining such person or 
persons from further progress in said work until the facts 
of the case shall have been investigated and determined ; 
and if it shall appear to the court on such investigation 
that an}^ of such regulations have been violated, to restrain 
by injunction the further prosecution of such work, or by 
order to direct such line to be removed or altered, as it 
may deem proper, at the expense of the owners or con- 
tractors thereof, or persons using the same. In case any 
line belonging to or used by any city or town or any of its 
departments shall be constructed, or maintained, in viola- 
tion of any such regulations, the like action may be taken 
by the court, upon the complaint of any party injured 
thereby, after such notice to the city or town as the court 
or some justice thereof may order. 

Section 3. Chapter sixty -four of the General Statutes 
shall be construed to authorize the mayor and aldermen of 
cities, and the selectmen of towns, to empower individuals, 
who are citizens of Massachusetts, to establish and main- 
tain posts, wires and other apparatus for telegraphic and 
telephonic communication in conformity with the provis- 
ions of said chapter and other laws now, or hereafter, 
applicable to telegraph or telephone companies. 

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

Approved March 11, 1880. 



I 



\ 



1880. — Chapters 84, 85. 



57 



Certain licenses 
granted in Bos- 
ton to be signed 
byl majority of 
commissioners. 



An Act to amend chapter one hundred and forty-seven Chap. 84 

OF THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND SEVENTY- 
SIX IN RELATION TO GRANTING CERTAIN LICENSES. 

Be it enacted, &c., as follows: 

Section 1. Chapter one hundred and forty-seven of 
the acts of the year eighteen hundred and seventy-six is 
hereby amended so that licensed granted in the city of 
Boston to keepers of intelligence offices, dealers in junk, 
old metals and second-hand articles, pawnbrokers, keepers 
of pool and sippio tables, billiard saloons and bowling 
alleys, under chapter eighty-eiglit of the General Statutes, 
shall be signed by a majority of the board of police com- 
missioners of said cit}^ and shall be duly recorded by the 
clerk of said board in a book kept for that purpose ; and 
whenever any such license shall be revoked the said clerk 
shall note such revocation upon the face of the record of 
the license and shall give notice as required by the fourth 
section of said chapter one hundi'ed and forty-seven. 

Section 2. For licenses granted to keepers of pool and 
sippio tables the clerk or board issuing such licenses shall 
be entitled to receive for the use of the city or town in 
which the licenses are issued the sum of two dollars for 
each and every table. 

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

Approved March 11, 1880. 



Revocation of 
license to be 
noted upon face 
of record. 



Pee for license 
to use pool and 
sippio tables. 



An Act to provide for the appointment of steamboat Chap. 85 

POLICE officers. 

Be it enacted, &c., as follows : 

Section 1. The selectmen of any town or the mayor steamboat 
and aldermen of any city, upon the petition of any person may'^be°ap°*"^^ 
or corporation engaged in the transportation of passengers p^'n'^d. 
by water for hire, having a usual place of receiving or dis- 
charging passengers within the limits of such town or city, 
may appoint as many as they may deem proper, of the 
persons in the employ of said person or corporation, police 
oflScers to act as steamboat police for the purposes and 
with the powers hereinafter set forth. 

Section 2. A copy of the record of the appointment 
of any steamboat police officer shall be filed by the person 
or corporation upon whose petition such order is made, 
with the clerk of each town or city where said person or 
corporation is accustomed to receive or discharge passen- 
gers and in which it is intended that such police shall act, 
and the filing of such order shall constitute the persons 



58 



1880. — Chapters 86, 87. 



Proviso. 



Officers to wear 
badges. 



Powers of 
officers. 



named therein steamboat police within such towns or 
cities and upon the boats or vessels of said person or cor- 
poration while within the boundaries of the Common- 
wealth. Such police officers shall hold their offices during 
the pleasure of the selectmen or of the mayor and alder- 
men by whom they are appointed : provided, that when 
any person or corporatioa shall cease to require the ser- 
vices of any of the steamboat police appointed upon his 
or its petition, he or it shall file a notice to that effect in 
the several offices in which notice of such appointment 
was originally filed, and thereupon the power of said offi- 
cer shall cease. 

Section 3. Every officer of the steamboat police shall, 
when on duty, except as a detective, wear in plain sight a 
metallic badge inscribed with the words "Steamboat 
Police." 

Section 4. Officers of the steamboat police shall have 
the same powers upon the vessels and boats of the person 
or corporation upon whose petition they are appointed 
within the boundaries of the Commonwealth, and upon the 
premises of said person or corporations and at the wharves 
and landing places used by them within the cities and 
towns where notices of their appointment have been filed, 
as are given by section one hundred and forty-five of 
chapter three hundred and sevent3^-two of the acts of the 
year eighteen hundred and seventj'-four to railroad police 
upon the premises of railroad corporations. 

Approved March 11, 1880. 

An Act relating to salmon trout. 
Be it enacted, &c., as follows: 

Section 1. The provisions of chapter two hundred 
and twenty-one of the acts of the year eighteen hundred 
and seventy-six shall not apply to the species of fish 
known as salmon trout, provided the same have not been 
taken in any of the waters of this Commonwealth. 

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

Approved March 11, 1880. 

Chap. 87 An Act to amend section two, chapter one hundred and 

FORTY-FOUR OF THE ACTS OF THE TEAR EIGHTEEN HUNDRED 
AND SIXTY-THREE, CONCERNING ELECTIONS IN CITIES. 

Be it enacted, &c., as follows: 

Section 1. Section two of chapter one hundred and 

forty-four of the acts of the year eighteen hundred and 

theTonstabTe or sixty-thrcc is hereby amended so that it shall read : " The 

police officer. ' 



I 



Chaj). 86 



Salmon trout 
not included in 
provisions of 
1876, 221. 



Warden to 
transmit ballots 
to city clerk, by 



1880. — Chapters 88, 89, 90. 



59 



Chap. 88 



License for 
public show not 
to be granted, 
where children 
of the public 
schools under 
fifteen years, 
are employed. 



warden or other presiding officer shall forthwith transmit 
the ballots sealed as aforesaid to the city clerk, by the 
constable or police officer in attendance at said election ; 
and the clerk shall retain the custody of the seal, and 
deliver the same, together with the records of the ward 
and other documents, to his successor in office." 

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

Approved March 11^ 1880. 

An Act in relation to licensing public exhibitions in 

WHICH children ARE EMPLOYED. 

Be it enacted., t&c, as foUoivs : 

Section 1. No license shall be granted for any theat- 
rical exhibition or public show in which children under 
the age of fifteen years and belonging to the public 
schools are employed or allowed to take part as performers 
on the stage in any capacity, or where in the opinion of 
the board authorized to grant licenses such children are 
employed in sucli a manner as to corrupt their morals or 
impair their physical health ; but nothing herein contained 
shall prevent the giving of special permission as provided 
by chapter one hundred and seventy-two of the acts of 
the year eighteen hundred and seventy-seven. 

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

Approved 31arch 12, 1880. 

An Act to repeal section one of chapter one hundred and Chap. 89 

FIFTEEN OF THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND 
SEVENTY-FIVE RELATING TO THE LEASING OF GREAT PONDS IN 
THE COUNTY OF DUKES COUNTY. 

Be it enacted, &c., as follows: 

Section 1. Section one of chapter one hundred and 
fifteen of the acts of the year eighteen hundred and 
seventy-five relating to the leasing of great ponds in the 
county of Dukes County is hereby repealed. 

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

Ajiproved March 12, 1880. 

An Act to incorporate the malden and medford parochial Chap. 90 

CEMETERY ASSOCIATION. 

Be it enacted, &c., as folloivs : 

Section 1. Thomas Gleeson, Cornelius Cronin, Patrick corporators. 
Connell, their associates and successors, are hereby made a 
corporation under the name of the Maiden and Medford Name and 
Parochial Cemetery Association, for the purpose of holding, p"''p°*'^' 



Repeal of 1875, 
llo, § 1. 



60 



1880. — Chapter 91. 



Powers and 

duties. 



May hold real 
estate in Maiden 
and Medford 
for a burial 
ground. 



May grant ex- 
clusive right of 
burial in the 
lots, etc. 



managing and perpetuating places foi' the burial of the 
dead, located and to be located in the towns of Maiden 
and Medford in the county of Middlesex ; and shall have 
all the powers and privileges and be subject to all the 
duties and liabilities set forth in chapter twenty-eight of 
the General Statutes, except as is otherwise provided in 
this act. 

Section 2. The said corporation is hereby empowered 
to take and hold by purchase or gift, in fee simple, so 
much real estate in the towns of said Maiden and Medford, 
not exceeding fifty acres, and so much personal property, 
as may be necessary for the purposes of said corporation, 
and shall hold the real estate aforesaid for burial ground, 
and for the erection of tombs, cenotaphs or other monu- 
ments, for or in memory of the dead ; and for this purpose 
may lay out the same in convenient and suitable lots, and 
construct such suitable buildings and appendages as said 
corporation may from time to time deem expedient, subject, 
however, to the provisions of section five of chapter twenty- 
eight of the General Statutes. 

Section 3. The said corporation shall have authority 
to grant and convey to any person or persons, the sole and 
exclusive right of burial in any of the aforesaid lots, and 
of erecting tombs and cenotaphs, and of ornamenting the 
same, upon such terms and conditions and subject to such 
regulations as said corporation shall prescribe. 

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

Approved March 12, 1S80. 



Chap. 91 



Appropriations. 



Sheriffs' fees. 



Commitments, 
etc. 

Reformatory 
prison. 

Expenses of 
commissioners 
of prisons. 



An Act making additional appropriations for certain 

EXPENSES authorized IN THE YEAR EIGHTEEN HUNDRED AND 
SEVENTY-NINE, AND PREVIOUS YEARS. 

Be it enacted, &c., as follows: 

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

For sheriffs' fees in distributing proclamations, etc., a 
sum not exceeding five hundred dollars. 

For expenses incurred in commitment of prisoners to the 
reformatory prison for women, and removals therefrom, 
six hundred and forty-one dollars and sixty-five cents. 

For expenses of the commissioners on prisons, being 
for travelling expenses, printing and stationery, four hun- 
dred and forty-six dollars and fifty-two cents. 



1880. — Chapter 92. 



61 



For expenses in connection with the sewerage at the 
prison for women, one thousand two hundred and twenty 
doUars and sixty-five cents. 

For travelling expenses of members of the board of edu- 
cation, one hundred and seventy-four dollars and ninety- 
seven cents. 

For compensation and expenses of the cattle commis- 
sioners, and for expenses of disposing of diseased cattle, 
etc., five hundred and ninety dollars and seventy-one cents. 

For board and tuition of state beneficiaries in the 
asylums for the deaf and dumb, six thousand and thirty- 
four dollars and ninety cents. 

For mileage of the lieutenant-governor and council, two 
hundred and ninety-five dollars and fifty-six cents. 

For support of lunatic paupers in various state hospitals, 
a sum not exceeding thirteen thousand dollars. 

For salaries at the industrial school for girls at Lancaster, 
one thousand and nine dollars and ninety-nine cents. 

For travelling expenses of the advisory board of women, 
sixty-two dollars and ninety-one cents. 

For printing and binding one thousand extra copies of 
the report of the bureau of statistics of labor, four hundred 
and seventy-eight dollars and fifty-five cents. 

For expenses incurred in the arrest of a fugitive from 
justice, in the year one thousand eight hundred and 
seventy-eight, one hundred and eighteen dollars and 
thirty-six cents. 

For printing the report of the committee on convict 
labor, and contingent expenses of said committee, seven 
hundred and nineteen dollars and thirty-two cents. 

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

Ai^X^Toved March 12, 1880. 



Sewerage at 
prison for 
women. 



Expenses of 
board of 
education. 



Cattle 
commissioners. 



Deaf and dumb 
beneficiaries. 



Mileage of lieu- 
tenant-governor 
and council. 

Lunatic 
paupers. 

Salaries at in- 
dustrial school. 

Expenses of ad- 
visory board. 

Printing and 
binding. 



Fugitives from 
justice. 



Printing, etc., 
of committee on 
convict labor. 



An Act relative to the printing and distributing of Chap. 92 

BALLOTS AT ELECTIONS. 

Be it enacted., &c., asfoUoius: 

Section 1. No person shall print any ballot for use at Printed baiiots 
any election for the choice of any national, state, district, wh'ite°papen° 
county, city or town officers, or shall distribute at any such 
election, any printed ballot, containing the names of more 
than three candidates, unless the same are of plain white 
paper, and in weight not less than that of ordinary print- 
ing paper, and are not more than five nor less than four 
and a half inches in width, and are not more than twelve sizeofbaiiot. 
and a half nor less than eleven and a half inches in length, 



62 



1880. — Chapters 93, 94. 



Names to be in 
capital letters 
not less than 
one-eighth nor 
more than one- 
quarter of an 
inch in height. 



and unless the same are printed with black ink on one side 
of the paper only and contain no printing, engraving, 
device, or mark of any kind upon the back of the ballot. 
The names of candidates shall be printed at right angles 
with the length of the ballot, in capital letters not less than 
one-eighth nor more than one-quarter of an inch in height ; 
and no name of any person appearing upon any ballot as a 
candidate for any office shall be repeated thereon with 
respect to the same office. Nothing herein contained shall 
authorize the refusal to receive or count any ballot for any 
want of conformity with the requirements of this act. 

Section 2. Any person or persons offending against 
any of the provisions of this act shall be deemed guilty of 
a misdemeanor, and on conviction thereof before any court 
of competent jurisdiction be fined in a sum not exceeding 
one hundred dollars, or imprisoned in the county jail not 
exceeding sixty days. 

Section 3. Chapter two hundred and eighty-six of the 
acts of the year eighteen hundred and seventy-nine is 
hereby repealed : provided, nothing herein contained shall 
affect any prosecutions or proceedings had or begun prior 
to the date upon which this act takes effect. 

Approved March 12, 1880. 

Chan 93 '^^ -^^^ ^^ amend an act in relation to codntt teachers' 

^ ' ASSOCIATIONS. 

Be it enacted, &c., asfolloivs: 

Section 1. Chapter fifty-eight of the acts of the year 
eighteen hundred sixt^'^-four, entitled "An Act in relation 
to County Teachers' Associations," is hereby amended by 
striking out the words " two days " in the first section 
thereof, and inserting in place thereof the words "one 
day." 

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

Approved March 12, 1880. 



Repeal of 
1879, 286. 



Proviso. 



Boimty of $25 
to be paid if 
annual meeting] 
is held for one 
day. 
1864, 58. 



Chap. 94 



Licenses may be 
granted for 
keeping pool 
and sippio 
tables. 



An Act to extend the provisions of chapter eighty-eight 
of the general statutes to pool and sippio tables. 

Be it enacted, &c., as follows : 

Chapter eighty-eight of the General Statutes is hereby 
amended so that all the provisions thereof relating to 
billiards, billiard rooms and billiard tables, shall apply to 
" pool " and " sippio," and pool and sijDpio rooms and tables. 

Approved March 12, 1880. 



1880. — Chapters 95, 96. 



63 



An Act to authorize the town of watertown to raise Chap. 95 

MONEY FOR THE CELEBRATION OF THE TWO HUNDRED AND 
FIFTIETH ANNIVERSARY OF ITS SETTLEMENT. 

Be it enacted, &c. , as follows : 

Section 1. The town of Watertown is hereby author- May raise 
ized to raise by taxation and appropriate a sum of money bnuufn^of '"^'^' 
not exceeding the sum of five thousand doUars, for the gettilment^ °^ 
purpose of celebrating the two hundred and fiftieth anni- 
versary of its settlement, during the present year. 

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

Approved March 12, 18S0. 

An Act to confirm certain proceedings of the sutton Chap. 96 

MANUFACTURING COMPANY. 

Be it enacted, &c.^ as follows: 

Section 1. All meetings whether for organization or Meetings and 
for conducting its business after organization heretofore corporatlifn °^ 
held by the Sutton Manufacturing Company since its char- legalized. 
ter by chapter one hundred and seventy-five of the acts of 
the year eighteen hundred and thirty-six, and all proceed- 
ings, votes and contracts of said corporation, all deeds 
from or to it, all issues of stock by it, all recorded transfers 
of its stock, and other records of the corporation, and all 
other acts of said corporation purporting or intended to 
have been done under its charter, shall be of the same 
validity and have the same force and effect as if said meet- 
ings had been regularly and properly called and hold en 
within the Commonwealth and the records of transfers of 
stock had been made and kept in the Commonwealth and 
the officers whose duty it was to record transfers of stock 
and the clerk of the corporation had constantly resided in 
this Commonwealth. 

Section 2. The Sutton Manufacturing Company is Meeting for 
further authorized to hold a meeting at the call of a jus- and to mi ^'''''^ 
tice of the peace for the county of Worcester, according vacancies, 
to the provisions of section five of chapter sixty-eight of g. s. 68,§§5,6. 
the General Statutes, for the purposes named in that and 
in the following section. 

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

Approved March 12, 1S80. 



64 



1880. — Chapters 97, 98, 99. 



Amendment to 
1862, 168, § 1. 



Limitation of 

actio*. 

G. S. 155, § 9. 



Chap. 9 / An Act to amend section one of chapter one hundred 

AND SIXTY-EIGHT OF THE ACTS OF THE YEAR EIGHTEEN HUN- 
DRED AND SIXTY-TWO, CONCERNING OFFENCES AGAINST CHAS- 
TITY, MORALITY AND DECENCY. 

Be it enacted^ &c., as follows : 

Section one of chapter one hundred and sixty-eight of 
the acts of the year eighteen hundred and sixty-two is 
hereby amended by inserting after the word " hmguage," 
in the third line of said section the words " or manifestly 
tending to the corruption of the 'morals of youth." 

Approved March 13, 1880. 

Chap. 98 An Act to amend section nine of chapter one hundred 

AND FIFTY-FIVE OF THE GENERAL STATUTES RELATING TO THE 
LIMITATION OF ACTIONS. 

Be it enacted, t&c, as follows: 

Section 1. Section nine of chapter one hundred and 
fifty-five of the General Statutes relating to the limitation 
of actions when defendants are out of the state is hereby 
amended by adding thereto the following words, viz. : 
provided, that no action shall be brought by any person 
whose cause of action has been barred by the laws of any 
state, territory or country while he resided in such state, 
territory or country. 

Section 2. This act shall take effect on the first day of 
July of the current year. Approved March 13, 1880. 

Chap. 99 An Act to amend " an act relating to the licensing of 

CONDUCTORS, DRIVERS AND DESPATCHERS OF HORSE CARS IN 
THE CITY OF BOSTON." 

Be it enacted, &c., as follows : 

Section 1. Section one of chapter fifty-nine of the 
acts of the year eighteen hundred and seventy-nine is 
amended in the tenth line by inserting after the word 
" may," the words " after due notice and a hearing." Sec- 
tion five of said act is amended by striking out in the fifth 
line the word " twelve," and inserting the word " two ; " 
and by adding at the end of the section the words " unless 
by the assent of said commissioners." 

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

Approved 3Iarch 16, 1880. 



Licensing of 
conductors, etc., 
of horse cars in 
Boston. 
1879, 59, §§ 1, 5. 



1880. — Chapters 100, 101, 102. 65 

An Act to extend the provisions of chapter four hun- Chap. 100 

DRED AND ONE OF THE ACTS OF THE YEAR EIGHTEEN HUNDRED 
AND SEVENTY-FOUR IN RELATION TO THE TAKING OF LAND BY 
THE FITCH BURG RAILROAD COMPANY. 

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

Section 1. The time within wliich the Fitchburg Rail- Time extended 
road Company may avail itself of the rights and privileges fo[. aqjofinu" " 
granted by chapter four hundred and one of the acts of po^llg'"*' ^'"''' 
the year eighteen hundred and seventy-four is hereby 
extended to June thirtieth, eighteen hundred and eighty- 
five. 

Section 2, Said chapter of the acts of the year eigh- Not to take 
teen hundred and seventy-four and this act shall not author- ciwies^River 
ize said Fitchburg Railroad Company to take any lands cimiTes River 
east of Charles River Avenue or Charles River bridge in any i>ridge in 
part of the city of Boston. 

Approved March 16, 1880. 

An Act in regard to employment of persons confined in Chap.\^\ 

JAILS. 

Be it enacted, &c., as folloivs : 

Section 1. Persons hereafter committed to the jails Prisoners in 
of this Commonwealth upon sentences maybe required to requi'ied to'^ 
labor, unless the court in imposing the sentence shall ''*^°''- 
otherwise order : provided, however, that this provision Proviso, 
shall not apply to persons committed by the authority of 
the courts of the United States. 

Section 2. So much of section three of chapter one Repeal. 
hundred and seventy-eight of the General Statutes as is 
inconsistent herewith is hereby repealed. 

Approved March 16, 1880. 

An Act to change the name of the east weymouth five Chap. 102 

CENTS SAVINGS BANK. 

Be it enacted, &c., as folloivs : 

Section 1. The corporate name of the East Weymouth Name changed 
Five Cents Savings Baidc is hereby changed, and the said wiymoutii 
corporation shall hereafter be known as the East Weymouth ^^^'"g* ^^'"^^^ 
Savings Bank. 

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

Approved March 16, 1880. 



66 



1880. — Chapter 103. 



The Medfprd 
and Charles- 
town, and the 
Middlesex Rail- 
roads may unite. 



Proviso. 



Powers of new 
corporation. 



Chap. \0S An Act concerning the Middlesex and the medford and 

CHARLESTOWN RAILROAD COMPANIES. 

Be it enacted, tfcc, asfoUoivs: 

Section 1. The Medford and Charlestown Railroad 
Company is hereby authorized to unite and consolidate 
with tlie Middlesex Railroad Company, at such time and 
on such terms as may be mutually agreed upon by said 
corporations ; and when thus united said corporations 
shall constitute one corporation under the name of the 
Middlesex Railroad Company : provided, however, that the 
terms of such union shall be approved by a majority in 
interest of the stockholders of each of said corporations 
respectively, present and voting at meetings called for the 
purpose, at which a quorum shall be represented. 

Section 2. The corporation formed as aforesaid shall 
have, hold, possess and enjoy, all the powers, privileges, 
rights, franchises, property and estates, which at the time 
of such union may be held and enjoyed by each of the 
corporations so united ; and shall be subject to all the 
duties, restrictions and liabilities to which they may be at 
that time severally subject. 

Section 3. The Middlesex Railroad Company is here- 
by authorized to increase its capital stock to an amount 
not exceeding one million of dollars. 

Section 4. Three hundred and fifty thousand dollars 
of said stock shall be applied to the payment or redemp- 
tion of the bonds of said company already issued under 
the following dates, to wit : — the first day of February, 
eighteen hundred and seventy-five, and the first day of 
July, eighteen hundred and seventy-seven, 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 5. So much of section fourteen of chapter 
four hundred and thiity-four of the acts of the year eigh- 
teen hundred and fifty-four as limits the existence of the 
said Middlesex 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 6. Nothing in this act shall release said Mid- 
dlesex Railroad Company from any obligation or liability 
under which they now are, or alter, impair, or in any way 
affect any lease or contract of said Middlesex Railroad 



Ma J' increase 
capital stock. 



Redemption of 
bonds. 



Issue of bonds 
legalized. 



Charter 
extended. 



Obligations and 
liabilities not 
impaired. 



1880. — Chapter 104. 



67 



Company with the Maiden and Melrose Railroad Company 
or any other party or parties. 

Section 7. This act shall take effect upon its passage. 

Approved March 17, 1880. 

An Act making appropriations for expenses authorized Chap. 104 

THE PRESENT YEAR, AND FOR OTHER PURPOSES. 

Be it enacted^ tfcc, as follows : 

Section 1. The suras 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 : — 

In the resolve chapter four, providing for printing extra 
copies of sundry reports, a sum not exceeding two hun- 
dred dollars. 

In the resolve chapter five, in favor of the town of 
Yarmouth, the sum of thirteen dollars. 

In the resolve chapter six, in favor of the state alms- 
house at Tewksbury, the sum of four thousand dollars. 

In the resolve chapter seven, in favor of the state 
library, the sum of one thousand and five hundred dol- 
lars. 

In the resolve chapter nine, to provide for reprinting 
certain documents destroyed by fire, a sum not exceeding 
thirteen hundred and sixty dollars. 

In the resolve chapter ten, providing for the purchase 
of blue books of the year one thousand eight hundred and 
seventy-eight and of the year one thousand eight hundred 
and seventy-nine, a sum not exceeding four hundred dol- 
lars. 

In the resolve chapter eleven, providing for printing 
extra copies of the report of the state primary school at 
Monson, a sum not exceeding two hundred dollars. 

For travelling and incidental expenses of the commis- 
sioners on savings banks, the same to include expenses in- 
curred in auditing the accounts of county officers, a sum 
not exceeding two thousand dollars. 

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

The unexpended balance of the appropriation made in 
chapter two hundred and thirty-seven of the acts of the 
year eighteen hundred and seventy-eight, for tlie purpose 
of enforcing and executing the provisions and require- 
ments of existing laws relating to the Commonwealth 



Appropriations. 



Printing 
reports. 



Town of 
Yarmouth. 

State alms- 
bouse. 

State library. 



Printing docu- 
ments, de- 
stroyed by fire. 



Purchase of 
" blue books." 



State primary 
school. 



Expenses of 
commissioners 
of savings 
banks. 



Idiotic and 

feeble-minded 

youth. 



Common- 
wealth's flats at 
South Boston. 



68 1880. — Chapters 105, 106, 107. 

flats at South Boston, may be used for expenses in accord- 
ance with the provisions of said act. 
Visitors of the For travelling and necessary expenses of the auxiliary 

board of health, • •• r xi i i i? i ii_i n ^ i 'j. 

etc. Visitors ot the board ot health, lunacy and charity, a sum 

not exceeding one thousand five hundred dollai-s. 
Surgeon-gen- 111 the act establishing the salary of the surgeon-general, 

*'''"'*'■ the sum of one thousand two hundred dollars. 

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

Approved March 17, 1880. 

Chap, 105 An Act to enable the hoosac valley agricultural sociETr 

TO OBTAIN ITS STATE BOUNTY. 

Be it enacted^ c&c, as folloios : 
To receive the SECTION 1. The treasurer of the Commonwealth is 

ounty. hereby directed to pay to the Hoosac Valley Agricultural 
Society the bounty it would have been entitled to receive, 
had it made its annual return on the tenth of January in 
the year eighteen hundred and seventy-nine. 

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

Approved March 17, 1880. 

Chap. 106 At Act to incorporate the first baptist church of quincy. 
Be it enacted, &c., as follows: 

Corporators. SECTION 1. D. Howard Bills, Robert Clark, William 

B. Lougee, Samuel E. Johnson and all other members of 
the First Baptist Church in Quincy, and their successors 
as members of said church, are hereb}^ made a corporation 

Powers and with all the powcrs and privileges, and subject to all the 

duties. duties, restrictions and liabilities set forth in all the gen- 

eral laws which now are or hereafter may be in force ap- 
plicable to religious societies. 

Name. SECTION 2. Said coiporatioii shall be called " The 

First Baptist Church of Quincy." 

Real and per- SECTION 3. Sciid corporatioii may hold real and per- 

sonal estate to an amount not exceeding fifty thousand 
dollars, for parochial and religious purposes. 

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

Approved March 17, 1880. 

Chai). 107 An Act in relation to pensioning disabled members of the 

FIRE department OF THE CITY OF BOSTON, AND FOR OTHER 
PURPOSES. 

Be it enacted, tfcc, as follows: 
Members of SECTION 1. The board of fire commissioners of the city 

may'^be retSed* of Bostou by tlic' afi&rmative vote of all the members, and 

upon pensions. 



1 



1880. — Chapter 107. 



fi9 



with the approval of the ma3'0r, may retire from office in 
the fire department any permanent or call member thereof 
who has become disabled while in the actual performance 
of duty, or any permanent member who has j^erformed 
faithful service in the department for a period of not less 
than fifteen consecutive years, and place the member so 
retired upon a pension roll. No such member shall be 
placed on the pension roll unless it shall be certified to 
the board in writing by the city physician that such mem- 
ber is permanently incapacitated either mentally or physi- 
cally from performing his duty as a member of the depart- 
ment. In case of total permanent disability caused in or 
induced by the actual performance of his duty, the amount 
of annual pension shall l)e one-half of the annual compen- 
sation allowed to tlie permanent men of the grade in which 
said member served, or such less sum as the said board 
may determine. The pension of members of the perma- 
nent force who have served fifteen or more consecutive 
years shall be an amount not exceeding one-third the 
annual salary or compensation of the office from which 
said members are retired, or such less sum as the board 
may determine. 

Section 2. If any member of the said fire department 
shall die from injuries received while in the discharge of 
his duties and shall leave a widow, or if no widow any 
child or children under the age of sixteen years, a sum not 
exceeding three hundred dollars may be paid by way of 
annuity to such widow so long as she remains unmarried, 
or to any such child or children so long as he or they con- 
tinue under the age of sixteen years, and the board of fire 
commissioners may from time to time order such annuity 
to be reduced. 

Section 3. For the purpose of carrying out the pro- 
visions of the foregoing sections, the board of fire com- 
missioners may with the approval of the mayor expend 
such sums as may be specially appropriated therefor by the 
city council for the relief of widows or children of mem- 
bers of the fire department wlio have been killed in the 
execution of their duty or have died from the effect of in- 
juries received in the execution of their duty. For the 
payment of the pensions herein before authorized, the board 
of fire commissioners may draw from time to time upon 
the city treasurer of Boston any sums w'hich may be spe- 
cially appropriated therefor by the city council. 

Section 4. The mayor of the ciity of Boston for the 
time being and his successors in office, the board of fire 



Pension to be 
onc-balf of piiy 
if disability ics 
total. 



Pension of 
members who 
bave served 
fifteen years. 



If member dies 
from injuries, 
an annuity to be 
paid to his 
widow. 



Relief of 
widows and 
children of fire- 
men who have 
been killed in 
the line of their 
duty. 



Mayor and fire 
commissioners 
to be a body 



70 



1880. — Chapter 108. 



corporate for 
purpose of hold- 
ing funds. 



To be known as 
The Boston 
Firemen's 
Relief Fund. 



Powers and 
duties. 



commissioners of the city of Boston for the time being 
and their successors in office, shall together continue a 
body corporate for the purposes of receiving and holding 
all sums of money, and real and personal estate not ex- 
ceeding in the aggregate two hundred thousand dollars 
which may be given, granted, bequeathed or devised to it 
for the benefit of members of the Boston Fire Department 
or their families requiring assistance, or for the benefit of 
any persons or the families of any persons who have been 
such members requiring assistance. The property so held 
shall be known as The Boston Firemen's Relief Fund. 
The said body corporate shall have authority to manage 
and dispose of the same and the income thereof according 
to their best discretion, subject to the provisions of any 
and all trusts which may be created for the purposes afore- 
said. Said corporation shall have all the powers and privi- 
leges and be subject to all the duties, restrictions and lia- 
bilities set forth in all general laws which now are or may 
hereafter be in force relating to similar corporations. 
Section 5. This act shall take effect upon its passage. 

Approved March 17, 1880. 

Chap. 108 -^N -^CT TO PROVIDE FOR THE CONSTRUCTION OF PUBLIC URINALS 

IN THE CITY OF LOWELL. 

Be it enacted, t&c, as follows: 

Section 1. The city council of the city of Lowell is 
hereby authorized to erect and maintain urinals for public 
use in any street, way, court, public square, common or 
common lands in said city, and likewise on private land in 
said city, with the consent of the owner thereof, and upon 
such terms as may be agreed to by said city council and 
said owner. And any owner of land who suffers any 
injury in his property by reason of the construction of any 
urinal as aforesaid, may, at any time within one year after 
the order or resolution of said city council for said con- 
struction shall be approved by the mayor of said city, or 
shall otherwise become in force, apply to the superior court 
for the county of Middlesex for assessment of his damages 
by a jury, and have his damages ascertained in the manner 
provided where land is taken in laying out highways : 
provided, that at any time within six months after such 
order or resolution is in force, the mayor and aldermen of 
said city may assess the damages to any owner of property 
injured by such construction of a urinal ; and if the amount 
of such assessment of damages shall equal or exceed the 
sum assessed by a jury granted as before provided, the 



M.1J' maintain 
public urinals. 



Assessment of 



Proviso. 



1880. — Chapters 109, 110. 



71 



costs incurred by reason of the application for a jury shall 
be paid by the applicant for said jury, otherwise all such 
costs shall be paid by said city of Lowell. 

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

Approved March 17, 1880. 

An Act to amend chapter one hundred and thirty-one of 

THE acts of the YEAR ONE THOUSAND EICxHT HUNDRED AND 
SEVENTY-EIGHT RELATIVE TO PLANTATIONS OF TIMBER TREES. 

Be it enacted, t&c, as folloios : 

Section 1. Section one of chapter one hundred and 
thirty-one of the acts of the year one thousand eight hun- 
dred and seventy-eight, is hereby amended by striking out 
in the eighth line the word " white," before the word 
" pine," so that it shall include in its provisions all pine 
trees. 

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

Approved March 17, 1880. 

An Act providing a penalty for throwing missiles at 
cars and passengers on steam and horse railroads. 

Be it enacted, &c., as follows: 

Section 1. Whoever wilfully throws or shoots any 
missile at a locomotive engine, railroad car or street rail- 
way car, or at any person on a locomotive engine, railroad 
car or street railway car, or shall in any way assault or 
interfere with any conductor, engineer or brakeman, while 
in the discharge of his duty, on or near any engine, car or 
train, on any railroad, or shall in any way assault or inter- 
fere with any conductor or driver while in the discharge 
of his duty, on or near any street railwa}^ car, shall be pun- 
ished by a fine not exceeding one hundred dollars or by 
imprisonment in the jail or house of correction not exceed- 
ing one year, or both. Any person offending against the 
provisions hereof may be arrested without a warrant by 
any officer authorized to serve criminal jDrocess, and shall 
be kept in custody in jail or other convenient place not 
more than twenty-four hours, Sundays and legal holidays 
excepted ; at or before the expiration of which time such 
person shall be brought before a court or magistrate having 
jurisdiction in such case and proceeded against according 
to law. 

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

Approved March 17, 1880^ 



Chap. 109 



Plantations of 
timber trees. 
1878, 131, § 1. 



Chap.ll^ 



Penalties for 
throwing 
missiles at 
engines or cars. 



Officer may 
arrest without 
a warrant. 



72 



1880. — CHArTERs 111, 112, 113. 



To^^ms may 
establish public 
reading rooms 
in connecUon 
with their pub- 
lic libraries. 



Chan. Ill -^^ -^^"^ '^'^ AUTHORIZE TOAVNS TO ESTABLISH AND MAINTAIN 

PUBLIC READING ROOMS. 

Be it enacted, &c., as follows: 

Section 1. Any town which now maintains in whole 
or in part a public library therein, for the use of the in- 
habitants thereof, or which may hereafter do so, may, at a 
legal meeting, grant and vote money for the establishment 
and maintenance of a public reading room, in connection 
with said library, and for the use of the inhabitants of 
said town, to be under the control and management of the 
board of trustees of said library or of such other persons 
as have control and management of said librar}^ ; and such 
town may receive, hold and manage any devise, bequest 
or donation for the establishment or maintenance of any 
such reading room. 

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

Approved March 17, 1880. 

Chap. 112 An Act to amend an act to enable towns to abolish the 

SCHOOL DISTRICT SYSTEM. 

Be it enacted, &c., as follows: 

Section 1. Section one of chapter ninety-five of the 
acts of the year eighteen hundred and seventy-three is 
hereby amended by adding thereto after the words " sixty- 
nine," the following words: — No informali'ty or insuf- 
ficiency of geographical description, or other defect in the 
establishment of school districts, which have been actually 
maintained in any town which has voted or may hereafter 
vote to abolish the school district system, shall affect or 
nullify the action of such town in such abolition of such dis- 
tricts, or prevent said town from taking possession of all 
the common school property of the town and proceeding in 
relation thereto as is provided in said chapter one hun- 
dred and ten, and four hundred and twenty-three, of the 
acts of eighteen hundred and sixty-nine. 

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

Approved March 17, 1880. 

An Act to regulate the sale of vinegar. 
Be it enacted, &c., as follows : 

Section 1. Every person wdio shall manufacture for 
sale, or who shall offer or expose for sale, as cider vinegar, 
any vinegar not the legitimate jiroduct of pure apple juice, 
known as apple cider, and not made exclusively of said 
apple cider, but into which any foreign substances, ingre- 



No defect in 
vote to establish, 
shall nullify 
vote to abolish 
the school dis- 
trict system. 
1873, 95, § 1. 



Chap.m 



Sale of vinegar 
regulated, 
under penalty. 



1880. — Chapters 114, 115. 73 

dieiits, drugs or acids have been introduced, as shall appear 
by proper tests, shall for each such oifence be punished by 
a' line of not less than fifty nor more than one hundred 
dollars. 

Section 2. Every person who shall manufacture for Mamifacturo of 
sale, or who shall offer or expose for sale, any vinegar iXarundfr" 
found upon proper tests to contain any preparation of penalty, 
lead, copper, sulphuric acid or other ingredient injurious 
to health, shall for each such offence be punished by a fine 
of not less than one hundred dollars. 

Section 3. The mayor and aldermen of cities shall, inspectors to be 
and the selectmen of towns may, annually appoint one or "rpo'"**^*!- 
more persons to be inspectors of vinegar for their respec- 
tive places, who shall before entering upon their duties be 
s.worn to the faithful discharge of the same. 

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

Approved March 17, ISSV. 

An Act in relation to commitments to the reformatory Chcfp. 114: 

PRISON FOR women. 

Be it enacted, &c., as follows: 

Section 1. No convict shall be sentenced to there- sentence not to 
formatory prison for women for a less time than one year, yean" 

Section 2. Any convict who would now be punisha- May be sen. 

IT,. . J • ii u j_ • £ tenced to state 

ble by imprisonment m the reformatory prison for women workhouse, etc., 
may hereafter be sentenced to any jail or house of correc- ^^J^^'^.'^.^lry 
tion, or to the state workhouse, or to the house of indus- prison. 
try at Deer Island, for the same period as that for whichi 
she would otherwise as now provided by law be sentenced 
to the reformatory prison for women. 

Section 3. All acts and parts of acts inconsistent Repeal, 
herewith are hereby repealed. Approved March 17, 1S80. 

An Act to enable the proprietors of locks and canals Chap, lib 

ON MERRIMACK RIVER TO IMPROVE THE WATER POWER USED 
BY THEM. 

Be it enacted, &c., as folloivs : 

Section 1. The proprietors of locks and canals on May purchase 
Merrimack River are hereby empowered to purchase, hold property^nNew 
and transfer, such real and personal property in the State i84™'48"'^''' 
of New Hampshire, as certain manufacturing corporations 
are authorized to acquire and hold, under chapter forty- 
eight of the acts of the year eighteen hundred and forty- 
six. 

Section 2. This act shall take effect upon its passage. 
10 Approved 3Iarch 18, 1880. 



u 



1880. — Chapters 116, 117. 



Chap. 116 



Steam engines 
and boilers may 
be inspected. 



When found 
unsafe, use may 
be prohibited. 



If used con- 
trary to orders, 
to be deemed 
common 
nuisances. 



An Act regulating the use of portable steam engines 

AND boilers. 

Be it enacted, c&c, asfoUoivs: 

Section 1. The fire commissioners of the city of Boston, 
the mayor and aldermen of any other city, or the select- 
men of any town, or any person b}^ them authorized, may 
after notice to the parties interested examine any portable 
steam engine or steam boiler therein ; and if upon such 
examination it shall appear probable that the use of such 
engine or boiler is unsafe to persons or property, they may 
issue a temporary order to suspend such use, and if after 
giving the parties interested, so far as known, an oppor- 
tunity to be heard, they adjudge such engine or boiler 
defective, or unsafe to persons or property, or unfit to be 
used, they may pass a permanent order prohibiting the use 
thereof until it is rendered safe. If after notice to the 
owner, or person having charge thereof, such engine or 
boiler is used contrary to either of such orders, it shall be 
deemed a common nuisance, without any other proof 
thereof than its use. 

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

Approved March 18, 1880. 



Chan. IIT ■^'^ ^^^ '^^ incorporate the American bell telephone 

COMPANY. 



Corporators. 



May organize 



Be it enacted, &c., as follows: 

Section 1. Alexander Graham Bell, William H. Forbes, 
George Z. Silsbee, Richard S. Fay, Alexander Cochrane, 
George L. Bradley, Francis Blake, junior, Thomas Sanders 
and Charles Eustis Hubbard, and their associates, may 
associate themselves and organize a corporation according 
under 1870. 224. ^q ^\^q provisious of chapter two hundred and twenty-four 
of the acts of the year eighteen hundred and sevent}^, and 
the acts in amendment thereof and addition thereto, for 
the purpose of manufacturing, owning, selling, using and 
licensing others to use, electric speaking telephones and 
other apparatus and appliances pertaining to the trans- 
mission of intelligence by electricity, and for that purpose 
constructing and maintaining by itself and its licensees 
public and private lines and district exchanges, with a 
capital stock exceeding one million of dollars, and not 
exceeding ten millions of dollars. 
Cor oration SECTION 2. For the purposcs aforesaid, said corporation 

may become a jjiav bccomc a stockholder in or become interested with 

stocliholder in '^ . , „ • t /? t i 

or interested othcr coTporatious hcreaiter organized tor like purposes, 



1880. — Chapter 117. 



75 



or already established for the transaction of telephonic 
business under its patents and no others : provided^ that 
said corporation shall not become a stockholder in any 
other corporation doing business in this state to an amount 
exceeding thirty per cent, of the capital stock of said last- 
named corporation. And it and its licensees may, within 
this Commonwealth, enjoy the rights given by chapter 
sixty-four of the General Statutes and acts amendatory 
thereof, and shall be subject to the liabilities therein im- 
posed ; but section ten of said chapter shall onl}^ ''-pply to 
their public lines ; and the apportionment provided by 
section five of chapter two hundred and eighty-three of 
the acts of the year eighteen hundred and sixty-five and 
acts amendatory thereof, shall be made upon the number 
of telephones in use by it, or under its authority, or with 
its permission, or under letters patent owned or controlled 
by it within and without this Commonwealth respectively ; 
and the returns to be made under said act shall state the 
facts required for such apportionment in such form as the 
tax commissioner may determine ; and it shall be the duty 
^of said tax commissioner, or his deputy, to annually ex- 
amine the books, accounts and papers of said corporation, so 
far as may be necessary for the verification of said returns. 

Section 3. When an injury is done to a person or to 
property by the posts, wires, telephones, or other appara- 
tus of the corporation, caused by any negligence on the 
part of itself or its officers, or on the part of any of its 
agents, servants, emplo3'^s or operatives, the corporation 
shall be responsible in damages to the party injured. 

Section 4. The franchise or charter of said corpora- 
tion shall not be sold or offered for sale, or leased to any 
company, or to any person or association of persons, with- 
out the consent of the legislature ; and any contract made 
contrary to the provisions of this act shall be void. And 
this charter may be revoked by the legislature for any 
cause which they deem sufficient. 

Section 5. The provisions of the first and second sec- 
tions of the three hundred and tenth chapter of the acts 
of the year eighteen hundred and sixty-eight, shall apply 
to said telephone company and its licensees. 

Said corporation shall be subject to all general laws that 
now are, or that may be hereafter in force, relating to 
similar corporations, so far as the same shall not be incon- 
sistent with the provisions of this act. 

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

Approved March 19, 1880. 



with other 
telephonic 
corporations. 
Proviso. 



Form of returns 
to be determined 
by tax com- 
missioner. 



Damages. 



Franchise not to 
be sold or leased 
without consent 
of legislature. 



Charter may be 
revoked. 



Subject to gen- 
eral laws and 
to provisions of 
1868, 310, §§ 1, 2. 



76 



1880. — Chapters 118, 119. 



Ch(q). US 



Decisions upon 
pleas in abate- 
ment or motions 
to dismiss, etc., 
to be liiiiil. 
G. S. 115, § 7. 



Exceptions to 
ruling, etc., in 
matters of law, 
on motions for 
new trial. 



Exceptions to 
be tiled with 
clerli, and 
notice given to 
adverse parly 
within three 
days and before 
adjournment of 
term. 

Further time 
may be granted 
upon good 
cause shown. 



Adverse party 
to be heard 
upon allowance 
of exceptions. 



An Act to amend section seven of chapter one hundred 

AND fifteen of THK GENERAL STATUTES, RELATING TO EX- 
CEPTIONS IN ACTIONS AT LAW. 

Be it enacted, &c., as follows: 

Section 1. Section seven of chapter one hnndred and 
fifteen of the General Statutes is hereby amended so as to 
read as follows: — Decisions of a justice of either court, 
upon pleas in abatement or on motions to dismiss for de- 
fect of form in process, shall be final on the question raised. 
On motions for a new trial, and in all cases, civil or crimi- 
nal, whether according to the course of the common law or 
otherwise, a party aggrieved by an opinion, ruling, direc- 
tion, or judgment, of the court in matters of law, may 
allege exceptions thereto ; such exceptions, being reduced 
to writing in a summary mode, shall be filed with the 
clerk and notice thereof given to the adverse party before 
the adjournment without day of the term in which the ex- 
ceptions are taken and within three days after the verdict 
in the case, or after the opinion, ruling, direction, or judg- 
ment excepted to is given. For good cause shown a fur- 
ther time not exceeding five days, unless by consent of th» 
adverse part}^ may be allowed by the court. It shall be 
the duty of the clerk immediately on the filing of the ex- 
ceptions to present them to the court. The exceptions 
being examined and found conformable to the truth shall 
be allowed by the presiding judge. In all cases the ad- 
verse party shall have an opportunity to be heard con- 
cerning the allowance of such exceptions. 

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

Approved March 19, 1880. 



I 



Chan. 119 ^^ ^^t to amend "an act to 



PREVENT FRAUDS IN THE SALE 
OF SEWING THREAD." 



Thread for sale 
on spools, etc., 
to be labelled 
with length in 
yards, or the 
weight. 
1878, 169, § 1. 



Be it enacted, &c., as folloios : 

Section 1. Chapter one hundred and sixty-nine of the 
acts of the year one thousand eight hundred and sevent)^- 
eight is hereby amended by striking out therefrom section 
one and inserting instead thereof the following : — 

" Every manufacturer of cotton, linen or silk sewing 
thread, or person engaged in putting up such thread on 
spools, or in packages not wound on spools, of four ounces 
weight or less, intended for sale, shall before the same is 
offered for sale, affix to or impress upon each spool of such 
thread and upon each package of such thread not wound 
on spools, a label or stamp designating tlie quantity of 



1880. — CiiArTER 120. 



77 



thread each spool or package contains, either by giving ronaityfor 
the length in yards or by giving the weight." Also, by ufb^l"' ^'''''' 
striking out therefrom section three and hiserting instead is^s, i69, §3. 
thereof the following : — " Any merchant, jobber or trader 
who shall sell or offer for sale cotton, linen or silk sewing 
thread, jjut up either on spools, or in packages not wound 
on spools, of the weight of four ounces or less, that is not 
labelled or stamped, or that is falsely labelled or stamped 
as regards length or quantity by an amount greater than 
five pev cent, shall be liable to the penalty prescribed in 
the preceding section." 

Section 2. This act shall take effect upon the first to take effect 
day of July in the year eighteen hundred and eighty. Juiyi, isso. 

Approved March 19, 1880. 



An Act in relation to commitments to the state prison Chap. 120 

AND reformatory PRISON FOR WOMEN, AND REMOVALS OP 

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

Section 1. When a person is sentenced to imprison- 
ment in the state prison or in the reformatory prison for 
women, the proceedings in relation to his or her commit- 
ment shall be the same as are now required by law in the 
commitment of a person sentenced to imprisonment in the 
house of correction. 

Section 2. The costs of the commitment of a person 
to either of said prisons shall be paid by the county from 
which the prisoner is committed, and shall be taxed and 
allowed in the same manner as other criminal costs are 
taxed and allowed. 

Section 3. Any sheriff or deputy sheriff, when en- 
gaged in the execution of a warrant for the commitment 
of a person to the state prison or to the reformatory prison 
for women, or when engaged in the execution of an order 
from the commissioners of prisons for the removal of a 
prisoner, shall have the same powers in any county through 
which he may pass, that he would have in his own county 
in the performance of a similar duty. 

Section 4. The cost of the removal of a prisoner from 
one jail or house of correction to another, or from any jail 
or house of correction to the reformatory prison for women, 
in accordance with the provisions of chapter two hundred 
and ninety-four of the acts of the year one thousand eight 
hundred and seventy-nine, shall be paid by the county 
from which such prisoner is removed. 



Commitments to 
state and 
reformatory 
prisons. 



Costs of 
commitment. 



Sheriff or 
deputy to liave 
same powers 
tlirougt) conn- 
ties lie maj" pass, 
as in liis own 
county. 



Cost of removal 
to reformatory 
prison. 



78 



1880. — Chapters 121, 122. 



Cost of removal 
from reform- 
atory prison 
and state work- 
bouse. 



Repeal of 

G. 8. 174, § 21. 
Gf-. S. 179, § 24. 
1879, 294. § 8. 



Section 5. The cost of the removal of any prisoner 
from the reformatory prison for women to the house of 
industry at Deer Island, or to any jail or house of correc- 
tion, or from the state workhouse to the reformatory prison 
for women, shall be paid from the treasury of the Common- 
wealth. 

Section 6. Section twenty-one of chapter one hundred 
and seventy-four of the General Statutes, section twenty- 
four of chapter one hundred and seventy-nine of the Gen- 
eral Statutes, and section eight of chapter two hundred and 
ninety-four of the acts of the year one thousand eight hun- 
dred and seventy-nine, are hereby repealed. 

Approved March 19^ 1880. 

Chap. 121 An Act to establish a boundary line between the towns 

OF FALMOUTH AND SANDWICH. 

Be it enacted^ &c., as follows: 

Section 1. The boundary line between the towns of 
Falmouth and Sandwich, at and westerly of Hope Spring, 
is hereby defined and estal)lished as follows, to wit: said 
line shall begin at Hope Spring, thence north eighty-eight 
degrees forty minutes west to a stone monument on Law- 
rence Island ; thence by the same course to Buzzard's Bay. 

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

Approved March 19, 1880. 



Boundary line 
established. 



Chap. 122 



Salmon and 
trout fishery in 
Bass River, 
regulated. 



An Act to authorize the towns of dennis and Yarmouth 
to regulate the salmon and trout fishery in BASS river. 

Be it enacted, &c., as follows: 

Section 1. Section one of chapter thirty-seven of the 
acts of the year eighteen hundred and forty-nine, entitled 
" An Act to authorize the towns of Dennis and Yarmouth 
to regulate the fisheries in Bass River," is hereby amended 
by inserting after the words "herrings or alewives and 
perch," the words " salmon and trout ; " and after the 
words "Bass River," the words " at the mouth thereof; " 
and section four of said chapter is hereby amended by 
inserting after the words "herrings, alewives or perch," 
the words " or salmon or trout," and by striking out of the 
last line of said section four the word " twenty," and 
inserting in lieu thereof the word " forty." 

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

Approved March 19, 1880. 



1880. — Chapters 123, 124, 125. 79 

An Act to confirm the corporate organization of the Chap. 123 

WAITERS BENEVOLENT ASSOCIATION OF THE CITY OF BOSTON. 

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

The corporate organization of the Waiters Benevolent organization 
Association of the city of Boston under that name is here- mrdeTaiid. 
by confirmed and made valid. All the deeds, acts and 
proceedings of said corporation are confirmed and made 
valid so far as such validity may have depended upon the 
name of the corporation under which they were made or 
transacted. Approved March 19, 1880. 

An Act to extend the provisions of chapter two hun- Chap. 124 

DRED AND SEVENTY-SEVEN OF THE ACTS OF THE YEAR EIGH- 
TEEN HUNDRED AND SEVENTY-NINE, RELATIVE TO THE INCOR- 
PORATION OF THE HOOSAC TUNNEL DOCK AND ELEVATOR 
COMPANY, 

Be it enacted, &c. , as follows : 

The provisions of chapter two hundred and seventy- Provisions 
seven of the acts of the year eighteen hundred and seven- one'^yeu^/"' 
ty-nine are hereby extended for one year from the date of 1879,277. 
the passage of this act. Approved March 19, 1880. 

An Act to authorize the city of boston to construct and Chap. 125 

MAINTAIN A HIGHWAY AND BRIDGE OVER CHARLES RIVER AND 
TO WIDEN WARREN BRIDGE. 

Be it enacted, &c., as folloivs: 

Section 1. The city of Boston, if in the judgment of May construct 
its city council the public convenience and necessity re- brfdg^Ycross 
quire, may lay out, construct and maintain a highway and char'^s River, 
bridge, not to exceed one hundred feet in width, across 
Charles River from some point on the northerly side of 
Causeway Street between Beverly and Prince Streets to 
some point on the southerly side of Water Street between 
Warren Avenue and the easterly side of Charles River 
Avenue. 

Section 2. The city of Boston if in the judgment of May reconstruct 
its city council the public convenience and necessity re- warren'^Bridge. 
quire may reconstruct and widen to a width not exceeding 
eighty feet the present Warren Bridge, and may construct 
fender guards, make changes in the draw and draw piers 
and do such other acts as they may deem necessary, exjDe- 
dient or convenient in the premises to secure a bridge and 
road which shall safely and conveniently accommodate 
public travel and navigation. 



80 



1880. — Chapter 126. 



May take lands, 
wharves, etc. 



Subject to the 
general hiws 
and provisions 
of 1869, 432. 



Section 3. To secure and accomplish the objects and 
purposes of the preceding sections, the city of Boston may 
take such hinds, buildings, wharves and structu^res as it 
maj'^ deem necessary ; and hM damages to private property 
for land taken under this act shall be ascertained as in the 
case of the laying out of highways in the city of Boston. 

Section 4. In the exercise of the powers granted by 
this act the city of Boston shall be subject to the provis- 
ions of chapter four hundred and thirty-two of the acts 
of the year eighteen hundred and sixty-nine and all gen- 
eral laws applicable thereto. 

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

Approved March 19, 1S80. 



May maintain 
new main pipes 
throiiij:h Brook- 
line to Boston. 



Chap. 126 An Act in addition to the acts for the purpose of supply- 
ing THE CITY OF boston WITH PURE WATER. 

Be it enacted, t&c, as folloios : 

Section 1. For the purpose of suppljdng water to its 
inhabitants, the city of Boston is hereby authorized by and 
through the agenc}' of the Boston Water Board to lay and 
maintain new main pipes from its reservoir constructed 
under the provisions of chapter one hundred and thirty- 
one of the acts of the year eighteen hundred and sixty- 
five, through the town of Brookline to the city of Boston in 
the manner provided in chapter one hundred and sixty- 
seven of the acts of the year eighteen hundred and fort}'-- 
six ; and for this purpose may take and hold by purchase 
or otherwise any lands or real estate necessary therefor ; 
and lay said pipes over or under any water course or any 
streets, turnpike roads, railroads, highways or other ways, 
in such manner as not to unnecessarily obstruct or impede 
the travel thereon ; and may enter upon and dig up any 
such roads, streets or ways, for the purpose of laying down 
said pipes beneath the surface thereof, and for maintaining 
and repairing the same ; but always in such manner and 
Avith such care as not to render the roads, streets and ways 
unnecessarily unsafe or inconvenient to the public travel 
thereon. And said cit}^ of Boston in performing said work, 
shall be subject to such reasonable regulations as to time, 
place and manner of digging up any streets or ways of 
public travel for the purposes aforesaid and the laying of 
said pipes as shall be made by the selectmen of Brookline, 
wdthin the limits of said town for the protection of their 
rights of drainage and sewerage therein and the public 
rights of passage thereon. 



May enter 
upon and dig 
up roads. 



Subject to regu- 
lations of select- 
men of Brook- 
line. 



1880. 



Chapter 126. 



81 



Section 2. For the purpose aforesaid the city of Bos- 
ton is likewise authorized, through the agency of the 
Boston Water Board to lay and maintain a main pipe from 
any point on pipes authorized by the foregoing section 
tlu-ough the cities of Cambridge and Somerville and the 
towns of Brookline and Medford to the Mystic pumping 
station, so called, in the city of Somerville, and for this 
purpose shall have all the powers specified in the fore- 
going section, and shall be subject to such reasonable regu- 
lations of the city council of the cities of Cambridge and 
Somerville and the selectmen of the towns of Medford and 
Brookline within their respective limits as may by the 
foregoing section be made by the selectmen of the town 
of Brookline. Said city of Boston shall not displace any 
public -sewer or water pipe without the assent of the said 
city councils and boards of selectmen respectively. 

Section 3. Whenever the city of Boston shall dig up 
any street or way as aforesaid, it shall restore the same to 
as good order and condition as the same shall be in when 
such digging commenced ; and the city of Boston shall at 
all times indemnify and save harmless the cities of Cam- 
bridge and Somerville, and the towns of Medford and 
Brookline against all damage which may be recovered 
against them respectively; and shall reimburse to them 
respectively, all expenses which they shall incur by reason 
of any defect or want of repair in any street or way, caused 
by the construction of said aqueduct or the laying of said 
pipes, or by the maintaining or repairing of the same: 
provided, that the city of Boston shall have due and reason- 
able notice of all claims for such damages or injury, and 
opportunity to make a legal defence thereto. 

Section 4. The city of Boston shall be liable to pay 
all damages that shall be sustained by any persons in their 
property by tlie taking of any land or real estate or the 
laying of said pipes as aforesaid ; and any person sustain- 
ing damage as aforesaid may have the same ascertained, 
determined, collected and paid in the manner which is 
provided in sections six, seven and eight of chapter one 
hundred and sixty-seven of the acts of the year eighteen 
hundred and forty-six. 

Section 5. Upon requisition by the respective city 
councils of the cities of Cambridge and Somerville and 
the respective boards of selectmen of the towns of Med- 
ford and Brookline, prior to the laying of the said aque- 
duct and pipes througli their respective limits, the city of 
Boston shall insert a number of hydrants in said pipes at 



May lay and 
maintain pipes 
through Cam- 
bridge, Somer- 
ville and Med- 
ford. 



Streets to be 
restored to 
same order and 
condition as 
when digging 
commenced. 



Liability for 
damages. 



Hydrants to be 
established. 



82 



1880. — Chapter 127. 



May sell water 
to Cambridge. 



Subject to 
aeciptance by 
city council. 



points not less than one thousand feet apart, to be used 
for extinguishing fires, free of charge, and for ])o other 
purpose ; and said several cities and towns shall pay to the 
city of Boston the expense of inserting and keeping in 
re})air such hydrants as shall have been so inserted upon 
their requisitions aforesaid within their respective limits. 

Section 6. The city of Boston is also authorized, if 
the Boston Water Board shall be of opinion tliat the 
supply of water is sufficient for the purpose, to sell water 
to the city of Cambridge, wiien conducted through the 
main pipes laid by virtue of the provisions of section two 
of this act, upon such terms as may be agreed upon by the 
city council of the city of Cambridge, and said Boston 
Water Board. 

Section 7. This act shall take effect upon its accept- 
ance by the city council of the city of Boston ; but tiie 
powers conferred b}^ section one of this act may be exer- 
cised without any obligation on the part of said city to 
exercise the powers conferred by section two. 

Approved March 19, 1880. 



Chap. 127 Ax Act to incorporate the Berkshire water company. 



Corporators. 



Name and 
purpose. 



Powers and 
duties. 



May take water 
in the town of 
Lee. 



Laurel Lake. 



May take and 
hold real estate. 



Be it enacted, &c., as follotvs : 

Section 1. Frank M. Pease, Henry C. Phelps, Charles 
C. Holcombe and Frank S. Gross, their associates and 
successors, are hereby made a corporation by the name of 
the Berkshire Water Company, for the purpose of furnish- 
ing the inhabitants of Lee with pure water for the extin- 
guishment of hies, domestic and other purposes ; with all 
the powers and piivileges, and subject to all the duties, 
restrictions and liabilities set forth in all general laws 
which now are or hereafter may be in force applicable to 
such corporations. 

Section 2. Said corporation may take, hold and convey 
through the town of Lee or any part thereof, the water of 
any spring or springs or of any stream or streams within 
said town of Lee, together with any water rights connected 
therewith, excepting however, Laurel Lake, its outlets and 
sources, unless with the consent of the owners of said 
lake ; and may take and hold, by purchase or otherwise, 
any real estate necessary for the pieservation and purity 
of the same, or for forming any dams or reservoirs to hold 
the same, and for laying and maintaining aqueducts and 
pipes for distributing the waters so taken and held ; and 
may lay its water pipes through any private lands, with 



1880. — Chapter 127. 



83 



the right to enter upon the same and dig therein for tlie 
purpose of making all necessarv repairs or service connec- 
tions ; and for tlie purposes aforesaid may carry its pipes 
under or over any water-course, street, railroad, highwa}'- 
or other \va3% in such manner as not to obstruct the same ; 
and may under the direction of the board of selectmen 
enter upon and dig up any road or other way foi- the 
purpose of laying or repairing its aqueducts, pipes, or other 
works ; and in general may do any other acts and things 
convenient or proper for carrying out the purposes of this 
act. 

Section 3. Said c-srporation shall, Avithin sixty days 
after the taking of any land under the provisions of this 
act, file in the registry of deeds of tlie middle district of 
the county of Berkshire a description of any land so taken, 
sufficiently accurate. for identification, and state the pur- 
poses for which it is so taken ; and the title of land so 
taken shall vest in said corporation. Any person or cor- 
poration injured in any way by any acts of said corpora- 
tion, 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 
liighways ; but no application shall be made to the county 
commissioners for the assessment of damages for the taking' 
of water rights until the water is actually taken and 
diverted by said corporation. Any p)erson whose water 
rights are thus takeu or affected, may apply as aforesaid 
within three years from the time the water is actually 
withdrawn or diverted, and not thereafter, and no suit for 
injux'y done under this act shall be brought after two years 
from the alleged date of the receipt of injury. • 

Section 4. Said corporation may distribute the water 
through said Lee ; may establish and fix from time to time 
the rates for the use of said water, and collect the same ; 
and may make such contracts with the town of Lee, or 
with the Lee fire district, or with individuals or corpora- 
tions to supply water for fire or for other pur{)Oses, as may 
be agreed upon by said town, or fire district, or individuals, 
or corporations, and said corporation. 

Section 5. Said corporation, for the purposes set forth 
in this act, may hold real and personal estate not exceed- 
ing in amount fifty thousand dollars ; and the whole capital 
stock shall not exceed one hundred thousand dollars, to be 
divided into shares of one hundred dollars each. 

Section 6. Manuf icturing and other corporations do- 
ing any business in said Lee are hereby authorized to sub- 
scribe for and hold stock of said Berkshire Water Company. 



May enter upon 
and dig up 
highways. 



To file in 
registry of 
deeds a descrip- 
tion of the land 
taken. 



Liability for 
damages. 



Application to 
be made within 
three years. 



May fix water 
rates. 



Real and per 
sonal estate. 



Corporations 
may take stock 
m company. 



84 



1880. — Chapter 128. 



Penalty for 
diverting or 
corrupting 
water. 



Town of Lee 
may purchase 
property and 
rights upon a 
two-thirds vote 
of the voters. 



Section 7. If any person shall use any of said water 
taken nnder this act, without the consent of said corpora- 
tion, or shall wantonly or maliciously divert tlie water or 
any part thereof so taken, or corrupt the same, or render 
it impure, or destroy or injure any dam, aqueduct, pipe, 
conduit, hydrant, machinery, or other works or property 
held, owned or used by said corporation under the 
authority of and for the purposes of this act, he shall 
forfeit and pay to said corporation three times the amount 
assessed therefor, to be recovered in an action of tort ; and 
on conviction of either of the wanton or malicious acts 
aforesaid may be punished by a fine not exceeding three 
hundred dollars or by imprisonment in jail not exceeding 
one year. 

Section 8. The town of Lee shall have the right at 
any time during the continuance of the charter hereby 
granted, to purchase the corporate property and all the 
rights and privileges of said company, at the actual cost of 
the same, or if mutually agreed upon between said corpo- 
ration and said town at a less price ; and said corporation 
is hereby authorized to make sale of the same to said 
town ; but such authority to purchase said franchise and 
property is granted to said town upon the condition that 
the same is assented to by said town b}^ a two-thirds vote 
of the voters present and voting thereon at any annual 
meeting, or at a legal meeting called to act on that subject. 

Section 9. 1'his act shall take effect upon its passage. 

Aj^proved March 19, 1880. 



Chap. 128 An Act to provide for the taking of land and the erec- 
tion TUEKEON OF A COURT HOUSE FOR THE COUNTY OF SUF- 



Aldermen of 
Boston may 
take land for a 
court house in 
Boston. 



To file in the 
registrj' of deeds 
a description of 
the land tal^en. 



Be it enacted, &c., as follows: 

Section 1. The board of aldermen of the city of Bos- 
ton, acting as county commissioners for the county of 
Suffolk, are hereby authorized and empowered to take and 
hold, by purchase or otherwise, so much land as they 
may deem necessary for the erection thereon of a court 
house by the city of Boston for the use of the courts of 
the Commonwealth within and for the county of Suffolk 
and other purposes incidental thereto, and for a court house 
yard for the same ; and they may appropriate and use there- 
for any land now owned by the city. 

Section 2. The board of aldermen shall, within thirty 
days from the time when they shall take any parcel or 



t 



1880. — Chapter 128. 85 

parcels of land under this act, file in the office of the regis- 
ter of deeds for said county, and cause to be recorded, a 
descrii^tion of the land so taken as certain as is required in 
a common conveyance of land with a statement of the 
purpose for which it is taken ; which description and state- 
ment shall be signed by the mayor of the city ; and the Liability for 
city of Boston shall be liable to pay all damages that shall damages, 
be sustained by an}^ person or persons by reason of the 
taking of such land as aforesaid ; such damages to be ascer- 
tained and determined in the manner provided for ascer- 
taining and determining damages in case of the laying out, 
altering or discontinuing of ways within the city of Boston. 

Section 3. In case the board of aldermen of the city ifaidermenfaii 
of Boston shall fail before the first day of December, eigh- mVy be taken by 
teen hundred and eighty, to exercise the powers granted appoTmedby" 
them in the foresroing sections, such powers shall thereupon the supreme 

IT * . '^ T 1 11 ji 1 1 r 1 jy J.^ judicial court. 

cease and determme. It shall then be lawiul lor tlie 
supreme judicial court, or any justice thereof, sitting in 
the county of Suffolk, either in term time or vacation, 
upon the petition of any ten citizens of the city of Boston, 
and after notice to said city, to appoint three discreet men, 
inhabitants of said city, to be a board of commissioners, 
who, upon such appointment, and upon being duly sworn 
to the performance of their duties, shall give public notice 
of their appointment, shall proceed to consider what site 
within said city is most suital)le for a court- house for the 
county of Suffolk, and shall take upon the site found to be 
most suitable by them, so much land as they may deem 
necessary for the purpose of a court house for the use 
of the courts of the Commonwealth within and for the 
county of Suffolk and other purposes incidental thereto 
and for a court house yard for the same. The said taking 
shall set forth the parcel or parcels of land taken with a 
description thereof as certain as is required in a common 
conveyance of land, and such taking being duly signed by 
the said commissioners or a majority thereof, and returned 
to the supreme judicial court, sitting in said county of 
Suffolk, and having been confirmed by said court, or any 
justice thereof, shall thereupon vest the title to said land 
in the city of Boston, and render the said city liable to pay 
all damages for the said taking as fully and completely in 
all respects as if said land had been taken by the board of 
aldermen acting as county commissioners by virtue of sec- 
tions one and two of this act, in the manner and within 
the time herein provided. It shall thereupon be the duty Mayor to file 
of the mayor of the city of Boston to file the said descrip- iLndBo ukJn^ 



86 



1880. — Chapter 128. 



Asseesrnent of 
damages. 



Parties 

aKSi'ieved may 
claim a trial by 
jury. 



Court house to 
be erected 
■within a reason- 
able time. 



Betterment 
laws not to 
apply. 



tioii of the lands so taken with a statement of the purpose 
for which they have been taken, in the registry of deeds 
for the county, of Suffolk. Said board of commissioners 
shall likewise estimate, determine and assess all damages 
sustained by any persons by the taking of land or by other 
acts of said board in the execution of the powers vested in 
them by this act, and shall return their award of said 
damages to the supreme judicial court for the county of 
Suffolk with their return of such taking and the award of 
said board or the majority of them being returned and 
accepted by said court, shall be final, and judgment shall 
be entered and execution issued thereon, unless either the 
city of Boston or any of the parties shall claim a trial by 
jury as liereinafter provided. The board of commissioners 
shall be entitled to a reasonable compensation for their 
services to be fixed by the court, and paid by the city of 
Boston, and any vacancy occurring in said board of com- 
missioners may be filled by the said court. 

Section 4. If either the cit}^ of Boston or any of the 
parties claiming to have sustained damages by the taking 
of land or by other acts of said board of commissioners, 
shall be dissatisfied with the amount of damages awarded, 
the city of Boston or such party may, at the term at which 
such award was returned, claim, in writing, a trial in said 
court, and have a jury to hear and determine at the bar of 
said court, all questions of fact relating to such damages, 
and to assess the amount thereof, in the same manner as is 
provided by law with respect to damages sustained by 
reason of the laying out of ways in the city of Boston ; 
and the verdict of such jury being accepted and recorded 
by the said court, shall be final and conclusive, and judg- 
ment shall be rendered and execution issued thereon. 

Section 5. It shall be the duty of the city of Boston, 
acting by its city council, to erect within a reasonable time 
after any taking authorized by this act, a suitable court 
house for the use of the courts of the Commonwealth in 
and for the county of Suffolk and for other purposes inci- 
dental thereto upon the land so taken. 

Section 6. The provisions of law in relation to the 
assessment of betterments shall not be applicable to any 
of the takings of land under this act. 

Section 7. This act shall take effect upon its passage. 

Approved March 22, 1880. 



1 



1880. — Chapter 129. 



87 



Proha'i^n 
ofBoers may 
be appointed 
in cities and 
towns. 



An Act to provide for the appointment op probation Chap. 129 

OFFICERS. 

Be it enacted^ &c., as folloius : 

Section 1. The aldermen of any city, except the city 
of Boston, or the selectmen of any town, may establish 
the office of probation officer, and may fix the salary of 
such officer. The mayor of any city or the selectmen of 
any town in which such office has been established may 
appoint such officer: provided, that the appointment made 
by the mayor of any city shall be subject to the confirma- 
tion of the aldeimen of said city. Such officer, when 
duly appointed, shall hold his office until removed by the 
board appointing or confirming him, and shall have in the 
execution of the duties of his office all the powers of 
police officers. The person appointed to this office may be 
a member of the police force of the city or town in which 
he is appointed. 

Section 2. The clerk of each city or town which 
shall appoint a probation officer under this act, shall imme- 
diately after such appointment notify the commissioners 
of prisons of the same. Every such officer shall make a 
monthly return to said commissioners, showing the name, 
age, sex and offence of each person placed upon probation 
upon his recommendation, with such other particulars as 
they ma}' require, and the result in each case when it shall 
be completed. 

Section 3. It shall be the duty of such officer to care- 
fully inquire into the character and offence of every per- 
son anested for crime in the city or town for which he 
acts, with a view to ascertaining whether the accused may 
reasonably be expected to reform without punishment. 
He shall keep a full record of the results of his investiga- 
tions. 

Section 4. If upon investigation said officer is satis- 
fied that the best interests of the public and of the ac- 
cused would be subserved by placing him upon probation, 
he shall recommend the same to the court trying the case, 
and the court may permit the accused to be placed upon 
probation, upon such terras as it may deem best, having 
regard to the reformation of the accused. 

Section 5. The person thus released shall be furnished 
with a written statement of the terras of his j)robation, 
and the probation officer shall keep a record of the same, 
and of his conduct during said probation. All the rec- 
ords kept by said probation officer shall at all times be 
open to the chief of police or city marshal of the city or 
town in which he is appointed. 



To have all 

powers of 
police officers. 



City and town 
clerks to notify 
prison oommis- 
sioners. 



Monthly reports 
to be made to 
commissionerB. 



Officers to 
inquire into 
character and 
offence of per- 
son arrested for 
crime, and keep 
full record of 
investigations. 



Accused maybe 
placed on pro- 
bation by court 
upon recom- 
mendation of 
officer. 



Person released 
to be furnished 
with a written 
statement of 
terms of his 
probatioD. 



88 



1880. — Chapter 129. 



Case of person 
in Jail witb not 
more than six 
months of sen- 
enee unexpired 
may be invcsti- 
jrated. 



Upon recom- 
mendation of 
otlicur and with 
the concurrence 
of the court, 
etc., county 
commissioners 
may release 
prisoner. 



Prisoners 
released upon 
probation may 
be returned to 
prison. 



Persons sup- 
posed to be 
reformed shall 
under 1862, 189, 
receive con- 
ditional dis- 
charge. 



Persons im- 
prisoned for 
drunlieuness. 



Prisoners 
released on 
probation may 



Section 6. Any probation officer, including any per- 
son appointed an officer under the provisions of chapter 
one hundred and ninety-eight of the acts of the year 
eighteen hundred and seventy-eight, may, with the con- 
sent of the county commissioners of the county in which 
he is appointed, or by their request, investigate the case of 
any person imprisoned in any jail or house of correction 
for an offence other than a felony, upon sentence of not 
more than six months, or upon a longer sentence, of which 
not more than six months remain unexpired, with a view 
to ascertaining the probability of the reformation of such 
person if released from imprisonment. If after such in- 
vestigation the probation officer sliall recommend the re- 
lease of the prisoner, and the court which imposed the 
sentence (or in case of the superior court, the district 
attorney), shall certify concurrence in such recommenda- 
tion, the county commissioners may if they deem it expe- 
dient release him upon probation, upon such conditions 
as they deem best, and they may require bonds for the 
fulfilment of said conditions. The surety upon an}' such 
bond shall have authority and right at any time to take 
and surrender his principal to the prison whence he was 
released. Nothing in this act shall apply to cases of per- 
sons held upon sentence of the courts of the United 
States. 

Section 7. The county commissioners shall have the 
right to order any prisoner, released b}^ them upon proba- 
tion, to return to the prison from which he was released, 
and upon their request, verbal or in writing, any court 
having jurisdiction in criminal offences shall issue a war- 
rant for his arrest and shall remand him to the prison from 
which he was released. 

Section 8. No person shall be discharged from any 
prison or workhouse by the county commissioners of any 
county, under the provisions of chapter one hundred and 
eighty-nine of the acts of the year one thousand eight 
hundred and sixty-two, except upon condition that if he 
shall at any time thereafter be convicted of any crime he 
shall serve the remainder of his original sentence, in addi- 
tion to the sentence imposed for said crime. The county 
commissioners shall hereafter have the same authority to 
release persons imprisoned for drunkenness that they now 
have to release jjersons imprisoned for being common 
drunkards. 

Section 9. The county commissioners may furnish 
any prisoner released from prison on probation with such 



1880. — CHArTERs 130, 131. 



89 



sum of money as in their judgment can be wisely used to 
jiromote his reformation, or they may pay the same to any 
probation officer to be used for such prisoner. 

Section 10. If any prisoner released from a jail or 
house of correction upon probation shall be returned 
thereto for a violation of the conditions of the same, he 
shall be detained according to the terms of his original 
sentence ; and in computing the period of his confinement, 
the time between his release upon probation and his return 
to the prison shall not be taken to be any part of the term 
of the sentence. 

Section 11. It shall also be the special duty of each 
probation officer to inform the court, so far as is possible, 
whether a person on trial has previously been convicted 
of any crime. 

Section 12 
such officer to interfere with any of the duties required of 
the visiting officer of the board of health, lunacy and 
charity, under the laws of this Commonwealth relating to 
juvenile offenders. Approved March 22, 1880. 



Nothing herein contained shall authorize 



be furnished 
witli a sura of 
money. 



Prisoner to 
serve out origi- 
nal sentence, 
if returned 
for violation of 
conditions. 



Officer to 
inform court 
when person has 
previously been 
convicted. 



Duties of visit- 
ing otBcer of 
board of health, 
etc., not to be 
interfered with. 



An Act to extend the charter op the east Cambridge Chap. 130 

LAND COMPANY. 

Be it enacted, &c., as follows : 

Section 1. The term of the charter of the East Cam- 
bridge Land Company is hereby extended twenty years 
from the date of its present limitation. 

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

Approved March 23, 1880. 



Charter 
extended. 



May issue bond* 
not exceeding 
$1,500,000. 



An Act authorizing the new london northern railroad Chap. 131 

COMPANY to issue BONDS. 

Be it enacted, &c., as folloios : 

Section 1. The New London Northern Railroad Com- 
pany is hereby authorized to issue its bonds, signed by its 
president and countersigned by its treasurer, to an amount 
not exceeding one million five hundred thousand dollars, 
for the purpose of retiring its present bonded indebtedness, 
paying its floating debt and extending its road. Said 
bonds shall be for one thousand dollars each, payable not 
more than thirty years from their date, and shall bear in- 
terest at the rate of not more than six per cent, per annum, 
payable semi-annually. 

Section 2. Said New London Northern Railroad Com- 
pany may secure said bonds by a mortgage of the whole 



Interest not to 
exceed six per 
cent. 



May secure 
bonds by mort- 
gage of whole 



90 



1880. — Chapters 132, 133. 



the Brattlebor 
ough Branch. 



present line and of their Dreseiit line and the Brattleborough Branch of the 
Vermont and Massachusetts Kauroad Corporation, and or 
all its property and franchises wherever and however situ- 
ated, acquired or to be acquired, to trustees for the holders 
of said bonds : j^^ovided, that the mortgage bonds of said 
company, outstanding at any one time, shall not exceed 
one million five hundred thousand dollars. 

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

Approved March 23, 1880. 



.Tustices of 
peace to exor- 
cise powers of 
justices of peace 
and quorum 
except, etc. 



Proviso. 



Chap. 132 -A.N Act to enlarge the powers op justices of the peace 

AND TO ABOLISH THE OFFICE OF JUSTICE OF THE PEACE AND 
OF THE QUORUM. 

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

Section 1. Justices of the peace shall hereafter have 
and exercise the powers and authority now conferred by 
law upon justices of the peace and of the qtiorum, except 
the liglit to act as magistrates for the examination of poor 
debtors under the provisions of chapter one hundred and 
twenty-four of the General Statutes and acts in amendment 
thereof. They shall also have jurisdiction and the right to 
act in any and all the counties : provided., that nothing here- 
in shall be construed to authorize any justice of the peace to 
take bail in any judicial district other than that for which 
he is designated and commissioned under chapter two hun- 
dred and fift3"-four of the acts of the year eighteen hun- 
dred and seventy-nine. 

Section 2. The office of justice of the peace and of 
the qtiorum is hereby abolished ; but justices of the peace 
and of the quorum now in office shall continue to exercise 
their powers, and in all the counties, according to the 
tenure of their respective commissions. 

Section 3. The provisions of this act shall apply to 
all justices of the peace now appointed and commissioned ; 
and hereafter all appointments of justices of the peace 
shall be made and their commissions be issued for the 
Commonwealth. Approved March 23, 1880. 



OfHce of justice 
of the peace and 
of the quorum, 
abolished. 



Provisions to 
apply to all 
justices of the 
peace now in 
commission. 



Chap. 133 ^N Act to AUTHORIZE THE CITY OF LYNN TO RAISE ADDITIONAL 
FUNDS TO COMPLETE ITS AVATER WORKS. 

Be it enacted, &c., as follows : 
May borrow SECTION 1. The city of Lyuu may, for the purposes 

pietewateT"^ mentioned in chapter two hundred and eighteen of the 
works. acts of the year eighteen hundred and seventy-one, raise 

by borrowing from time to time, an amount not exceeding 



1880. — Chapters 13-t, 135. 



91 



two hundred thousand doDars in addition to the amounts 
authorized by said chapter and by chapter two hundred 
and thirteen of the acts of the year eighteen hundred and 
seventy-two, upon like terras and conditions and with like 
powers in all respects us are provided in said first named 
act for the raising of money. 

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

Approved March 24, 1880. 



An Act authorizing the city of boston to make ordi- 
nances IN relation to vehicles and their loads in said 

CITY. 

Be it enacted, etc., as follows : 

Section 1. The city council of the city of Boston may 
make such ordinances in relation to the size and shape of 
all carriages, wagons, carts, trucks, sleighs, sleds, and other 
vehicles, and their loads, passing through the streets and 
public ways of said city, as it may deem necessary for the 
public safety and convenience, with penalties for the viola- 
tion thereof not exceeding twenty dollars for each offence. 

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

Approved March 24, 1880. 

An Act to authorize the town of peabody to make alter- 
ations AND I3IPROVEMENTS IN GOLDTHWAIt's BROOK. 

Be it enacted, &c., as follows : 

Section 1. For the purpose of carrying away the 
waters of Goldthwait's Brook and any pollution therein 
and preventing injury therefrom to the health of the in- 
habitants of the town of Peabody or its vicinity, said town 
is hereby authorized to straighten, deepen and widen the 
channel of said brook and remove obstructions therefrom, 
from a point at the crossing of said brook by Caller Street 
to a point in the boundary line between said town and the 
city of Salem, at or near the head of Frye's ]\Iill Pond, so 
called, near the location of the Essex Railroad, or, be- 
tween said points, to change the course of said brook, or 
to lay out and construct a new channel therefor, through 
the lands of any persons or corporations, and through 
such improved, changed or new channel to conduct the 
waters of said brook, and any pollution therein, into said 
pond. Said construction and alterations shall be substan- 
tially made in such manner as said town shall determine, 
and said town may repair such new or altered channel 
whenever repair thereof shall be necessary. All persons 
and corporations now having the right of drainage into or 



Chap. 134 



May regulate 
by ordinance 
the size and 
shape of vehicles 
and their loads. 



Chap. 135 



Town may 
deepen channel 
of Goldthwait's 
Brook. 



May change 
course of brook. 



Right of drain- 
age into brook. 



92 



1880. — CiiArxER 135. 



Pro\iso. 



May construct 
channel under 
any railroad or 
street. 



Notice to be 
given to 
abutters on 
brooli and to 
owners of land. 



Subject to 
acceptJince by 
the town. 



Town to pay 

damages 

sustained. 



If not agreed 
upon, damages 
may be assessed 
by county 
commissioners. 



Parties 

aggrieved may 
apply for a jury. 



through said Goldth wait's Brook shall have the same right 
of drainage into and through said new or altered channel : 
provided, that nothing contained in this act shall be con- 
strued as enlarging any rights of discharging any sewerage, 
filth or pollution into said brook, beyond what now exist. 

Section 2. Said town may construct said channel 
under any railroad, road, street, highway or other way, 
and may enter upon and dig up such railroads, roads, streets 
and ways, for the purpose of the alteration, construction, 
maintenance and lepair of said channel, and in such man- 
ner as not to render the same unnecessarily inconvenient 
to public travel during the work thereon, restoring such 
railroads, roads, streets or ways to as good order and con- 
dition as the same shall be when such digging, construc- 
tion or repair commenced, and in general may do all other 
acts and things necessary and proper for the purposes of 
this act. 

Section 3. Before making said alterations or laying 
out or constructing said new channel, said town shall give 
the same notice of its intention to the abutters on said 
brook, between said points, and to the owners of land 
through which it is proposed to lay out said new channel, 
as is provided by law in the case of laying out of town 
ways, and no such alteration sliall be made, or new chan- 
nel laid out, until such laying out or alteration, with the 
boundaries and admeasurements of such new channel and 
a description of such alteration, is reported to the town 
and accepted and allowed at some public meeting of the 
inhabitants regularly warned and notified therefor, nor 
unless such laying out, with said boundaries and admeas- 
urements or description is filed in the office of the town 
clerk seven days at least before such meeting. 

Section 4. Said town shall pay all damages sustained 
by any persons or corporations in their property, by rea- 
son of said alterations or of said laying out and construc- 
tion of said channel, and the benefit, if any, by reason there- 
of, to the property of such persons or corporations, shall be 
allowed by way of set oif to such damages. If any person 
or corporation sustaining damages as aforesaid cannot 
agree with the town upon the amount of such damages, 
they may have them assessed by the county commission- 
ers for the county of Essex, by making written application 
therefor witliin one j^ear after such alterations, laying out 
or construction ; and either party aggrieved by the doings 
of said commissioners in the estimation of said damages, 
may have the same settled by a jury ; and if the damages 



1880. 



Chapters 136, 137. 



93 



exercised iis 
town may 
direct. 



To take effect 
upon acceptance 
by town. 



are increased by the juiy the town shall pay all legal costs ; 
but otherwise the said costs shall be paid by the party 
claiming damages ; and the said commissioners and jury 
shall have the same powers, and the proceedings shall be 
in all other respects conducted in the same manner as pro- 
vided by law in case of taking land for highways. 

Section 5. The rights and powers given to said town powers may be 
by this act shall be exercised by it in such manner and by 
such officers and agents as said town shall choose and 
direct. And said town may at any legal meeting grant 
and vote such sums as it may judge necessary for the pur- 
poses of this act. 

Section 6. This act shall take effect upon its accept- 
ance by said town at a legal meeting of the voters thereof. 

Approved Ifarch 26, 1880. 

An Act in relation to pilots and port wardens of the Char). 136 

PORTS OF GLOUCESTER AND ROCKPORT, AND THE PORTS ON 
buzzard's p. ay and the ISLAND OF MARTHA's VINEYARD. 

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

Section 1. Once in every three months each pilot for 
the ports of Gloucester and Ilockport shall render to the 
board of port wardens for said ports an accurate account 
of all vessels piloted by him, together with the full amount 
of all money received by him or by any person for him, 
for pilotage, and shall pay said port wardens four per cent, 
of the amount thereof; and if any pilot shall make a false 
return or otherwise neglect his duty under this act he shall 
be liable to suspension as provided for in section six- 
teen of chapter one hundred and seventy-six of the acts 
of the year eighteen hundred and sixty-two. 

Section 2. Each pilot for the ports upon Buzzard's 
Bay and the Island of Martha's Vineyard shall make the 
same returns, and pay the same commission, to the port 
wardens of said ports, as are required l)y section one of 
this act of the pilots of Gloucester and Rockport. 

Section 3. This -act shall take effect on and after the 
first day of April in the year eighteen hundred and eighty. 

Approved March 26, 1880. 



Pilots of 
Oloucoster and 
Kockport to 
rendir account 
to port wardens 
of vessels and 
fees. 



To pay over to 
port wardens, 
four per cent of 
fees. 



Pilots of 
Buzzard's Bay 
and Martha's 
Vineyard. 



To take effect 
April 1, 1880. 



An Act to amend an " act relating to the employment of Chap. 137 

CHILDREN, AND REGULATIONS RESPECTING THEM." 

Be it enacted, &c., as follows : 

Section one of chapter two hundred and fifty-seven of Employment of 
the acts of the year eighteen hundred and seventy-eight is '-''"''^'''■"• 
hereby amended by striking out in lines five and six the 



94 



1880. — Chapters 138, 139. 



Water supply 
for Middle- 
borouch. 
1879, 20, § 10. 



Amendments to worcls " ill his emploj or ill the employ of such establish- 
18*8, 2o(, § 1. ment," and inserting in place thereof the words " employed 
in said establishment," and by striking out in lines ten, 
eleven, twelve and thirteen the words " Said certificate 
shall be made by or under the direction of the school com- 
mittee of the phice where such attendance has been had, 
or where such establishment is located," and inserting in 
place thereof the words " Said certificate shall be signed by 
a member of the school committee of the place where such 
attendance has been had, or some one autliorized by them ; 
and the form of said certificate shall be furnished by the 
secretary of the state board of education and shall be 
approved by the attorney general." 

Approved March 26^ 1880. 

Chap. 138 Ax Act to amknd section ten of chapter twenty op the 

ACTS OF THE YEAR EIGHTEEN HUNDRED AND SEVENTY-NINE, 
ENTITLED " AN ACT TO SUPPLY THE TOWN OF 3I1DDLEB0R- 
OUGH WITH PURE WATER." 

Be it enacted., tfcc, as folloios : 

Section 1. Section ten of chapter twenty of the acts 
of the j^ear eighteen hundred and seventy-nine is hereby 
amended by striking out the words, " at a legal meeting 
called for that purpose, and held in the same manner as 
meetings for tlie election of town officers," and inserting 
instead thereof the words, " on the day of the annual state 
election in November in the year eighteen hundred and 
eighty or at the annual town meeting of said town in 
March or April in the year eighteen hundred and eighty- 
one ; " also in said section ten in the last two lines thereof, 
hy striking out the words, '•' within three j^ears from the 
date of its passage." 

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

Approved March 26, 1880. 

Chap. 139 An Act relating to notice of the election or appointment 

OF certain county officers. 

Be it enacted, &c., as folloios : 

Section 1. The board of examiners in each county 
where such board exists shall, as soon as the election of 
any county commissioner or special commissioner has been 
determined, notify the secretary of the Commonwealth of 
the name and residence of the person chosen, with the date 
when his term of service will expire ; and they shall also 
notify the secretary of the Commonwealth of any vacanc}" 
ill either of said offices, whenever such yacancv occurs. 



Notice to be 
given to tbe 
secretary of tbe 
Commonwealth 
of election of, 
or vacancy in 
the office of, 
special or 
county 
commissioner. 



1880. — Chapters 140, 141. 



95 



Section 2. The county coniniisyioners in each county county treas- 
shall, as soon as the election of any treasurer or register "eTof deedf.'^" 
of deeds for such county lias been determined, notify the 
secretary of the Commonwealth of the name and residence 
of the person chosen, and the date when his term of 
service will expire; also of any vacancy in either of said 
o£Sces, whenever such vacancy occurs. 

Sectioisi 3. The clerk of the courts in each county Assistant cierk 
where there is an assistant clerk or clerks shall notify the ° ^ ecours. 
secretary of the Commonwealth at once of the name and 
residence of such assistant or assistants, and of a vacancy 
in either of said offices, when such vacancy occurs ; also of 
the name and residence of an appointee to either of said 
offices when a new appointment is made, tooether with the 
date of the expiration of the term of service in each case. 

Section 4. The register of probate and insolvency for Register of 
each county where there is an assistant register shall notify ?ns°oivency'ind 
the secretary of the Commonwealth of the name and resi- assistant, 
dence of such assistant, and of a vacancy in said office, 
when such vacancj' occurs, and of the name and residence 
of an appointee to such office, when a new appointment is 
made, together with the date of the expiration of the term 
of service in each case. 

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

A^jproved March 26, 1880. 



An Act to authorize street railway companies to make' 

regulations for the use of their roads and cars. 
Be it enacted, &c., as foUoivs : 

Section 1. Any street railway corporation may from 
time to time by its directors establish regulations for the 
use of its road and cars: jorov/t^f'tZ, that such regulations 
shall at all times be subject to the approval, revision or 
alteration of the board of railroad commissioners. 

Section 2. This act shall not be construed to deprive 
the mayor and aldermen of any city, or the selectmen of 
any town, of any right or power which they now have by 
law to regulate the construction or use of the roads or cars 
of street railway companies within their respective juris- 
dictions. Approved March 27, 1880. 

An Act conxerning the assessment of highway and railroad Chap. 141 

LAND damages. 

Be it enacted, &c., as follows : 

Section 1. No petition, suit, appeal or other proceed- suits, etc., for 
ing in the superior or supreme judicial court begun, taken ^^'^^s<i»ior 



Chap. 140 



May establish 
regulations for 
use of road and 
cars, subject to 
approval of 
railroad com- 
missioners. 



Mayor and 
aldermen and 
selectmen not 
deprived of 
their powers. 



96 



1880. — Chapters 142, 143. 



building rail- OP instituted by any party aggrieved by the award of the 
d^^conti*nue°d''*^ damages occasioned by laying out, making and maintaining 
except by leave ^ railroad OP bv taking any land or materials therefor, or 

of court or con- ii- i°."^ ■,■ ■ f ^ • ^ 

sent of parties, by the laying out, alteration or discontinuance or a high- 
way, or town or private way, or the taking of any land or 
materials therefor, shall be discontinued except by leave 
of court or by agreement of the parties ; and any party 
thereto may prosecute said petition, suit, appeal or other 
proceeding with like effect as if the same had been begun, 
taken or instituted by said party. 

Section 2. This act shall not apply to proceedings 
already commenced. Approved March 27, 1880. 

Chap. 142 An Act making further provisions for foundlings and 

DESERTED CHILDREN. 

Be it enacted, (fee, as folloios: 

Section 1. Whenever the Masssachusetts Infant Asy- 
lum is full of inmates, or when fi-om sickness or other suf- 
ficient cause it is not expedient to receive or retain any 
infant legally committed thereto, said infant being a state 
pauper, it shall be the duty of the state board of health, 
lunacy and charity to provide for such infant in a proper 
family, or other suitable place, under the constant super- 
vision of its medical officers, till it shall reach the age of 
two years, or is otherwise provided for by said board under 
existing laws. 

Section 2. The cost of maintaining said infant shall 
be paid from the appropriation for the support of infants 
having no known settlement in the Commonwealth, or 
from the ordinary appropriations for the support of the 
out-door poor. 

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

Ai^proved March 27, 1880. 



Infant state 
paupers to be 
cared for in 
families when 
Massacliusetts 
Asylum is full 
of inmates. 



Cost of 
maintenance, 



Chap. 143 An Act to amend chapter two hundred and six of the 

ACTS OF the tear EIGHTEEN HUNDRED AND SEVENTY-EIGHT, 
relative TO PROPERTY AND PERSONS EXEMPTED FROM TAXA- 
TION. 

Be it enacted, &c., as follows : 

Chapter two hundred and six of the acts of the year 
eighteen hundred and seventy-eight is hereby amended by 
adding to the first section thereof the following words: 
and provided, fitrther, that no property shall be so exempt- 
ed which in the judgment of the assessors has been con- 
veyed to any person for the purpose of evading taxation. 



Property 
exempted from 
taxation. 
1S78, 206. 



1880. — Chapters 144, 145. 



9T 



Any person aggrieved by the determination of the assess- 
ors may appeal to the county commissioners within the 
time and in the manner allowed by law for an abatement 
of taxes. Approved March 27, 1880. 

An Act to authorize the connection of the arnold Chap. 144 

ARBORETUM WITH THE SYSTEM OF PARKS OF THE CITY OF 



Park commis- 
sioners may 
take land dedi- 
cated to the use 
of the Arnold 
Arboretum. 



May lease por- 
tion of land 
taken, to Har- 
vard College 
for the purposes 
of the 
arboretum. 



Be it enacted, &c., as foUoivs : 

Section 1. In case the board of park commissioners 
of the city of Boston deem it desirable to take that tract 
of land in that part of the city of Boston known as West 
Roxbur}', held by the president and fellows of Harvard 
College, and by them dedicated to the use of the Arnold 
Arboretum, so called, together with certain adjoining 
tracts, the property of other parties, deemed by said com- 
missioners convenient and necessary for use in connection 
therewith, for the purposes and under the powers and lim- 
itations set forth in chapter one hundred and eighty-five of 
the acts of eighteen hundred and seventy-five, and acts in 
addition thereto and amendment thereof, the city of Bos- 
ton is hereby authorized to lease such portion of said 
arboretum and adjoining tracts so taken as the said board 
of park commissioners may deem not necessary for use as 
park-ways and grounds to the president and fellows of 
Harvard College, to be held by them to the same uses and 
purposes as the arboretum is now held under the trusts 
created by the wills of Benjamin Bussey and of James 
Arnold; and for such a term, and upon such mutual re- 
strictions, reservations, covenants and conditions, as to the 
use thereof by the public, in connection with the uses of 
the same under said trusts, and as to the rights, duties and 
obligations of the contracting parties, as may be agreed 
upon between said commissioners and said president and 
fellows. The board of park commissioners on the j^a-rt of 
the city of Boston, and the president on behalf of the 
president and fellows of Harvard College, are respectively 
authorized to execute and deliver said lease. 

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

Approved March 29, 1880. 

An Act in further addition to "an act relating to the Chap. 145 

MYSTIC RIVER CORPORATION." 

Be it enacted, &c., as follows : 

Section 1. The Mystic River Corporation is hereby Mystic River 
authorized to extend its band of pier wharf, bevond the |^a?extend 

13 



98 



1880. — Chapter 146. 



Tiand of pier 
■wharf on main 
channel of 
Mystic River. 



To be done 
under the 
Buper^ision of 
the harbor and 
land commis- 
sioners. 



Corporation 
may hold shares 
in Ocean Ter- 
minal Railroad 
Company. 



line now provided by law, on the main channel of Mystic 
River in a northerly direction to a point three hundred and 
eighty-five feet easterly from a point on the easterly line 
of Chelsea Bridge Avenue, one hundred feet distant south- 
erly from the top face of the northerly abutment of said 
avenue measured at right angles therewith ; thence turn- 
ing and running north-westerly in a straight line to a point 
on the easterly line of said avenue extended north-easterly 
sixty-five feet distant north-easterly from the said abut- 
ment of said avenue. Then commencing at a point on the 
westerly line of said avenue extended north-easterly sixty- 
five feet distant north-easterly from the said abutment of 
said avenue, and running in a straight line to a point thir- 
ty feet northerly from the north-westerly corner of the 
sea wall of said corporation as now built ; thence turning 
and running in a straight line to the easterly line of Elm 
Street, extended north-easterly and thirty feet northerly 
from the northerly line of the north sea wall of said cor- 
poration as already authorized to be built. And vessels 
may be laid at said piers, and wharfage and dockage may 
be received therefor. And all acts hereby authorized 
shall be done under the supervision and to the satisfaction 
of the harbor and land commissioners ; and the amount of 
water displaced by the additional structure hereby author- 
ized shall be ascertained by said commissioners as provided 
by chapter seventy-four of the acts of the year eighteen 
hundred and seventy-eight ; and compensation shall be 
made therefor to the extent provided b}^ said act by exca- 
vation between the structure hereby authorized and the 
main channel of Mystic River, in addition to the excava- 
tion required by chapter four hundred and eighty-one of 
the acts of the year eighteen hundred and fifty-five and as 
provided by said act. 

Section 2. The said Mystic River Corporation is here- 
by authorized to purchase and hold shares of the capital 
stock of the Ocean Terminal Railroad Company. 

Ajiproved March 29, 1880. 



Chap. 146 An Act. in addition to an act to incorporate the lynn 

AND BOSTON RAILROAD COMPANY. 



Charter 
amended. 
1855, 24. 
1859, 202, § 13. 



Be it enacted, &c., as follows: 

Section 1. Section thirteen of chapter two hundred 
and two of the acts of the year eighteen hundred and 
fifty-nine is hereby amended by inserting after the words 
" constructing or equipping their road," the words " or any 
extension thereof ; " and the sinking fund provided in 



1880. — Chapter 147. 99 

chapter twentv-four of the acts of the year eighteen hun- 
dred and fifty-five, and referred to in said section thirteen, 
need not be made to secure any bonds hereafter issued by 
said Lynn and Boston Railroad Company ; but no bonds 
hereafter issued shall be made payable at a period prior to 
the time of pajanent of bonds heretofore issued. 

Section 2. Said company under its charter as hereby May issue bonds 
amended is hereby authorized to issue bonds to an amount $i8,ooor '°^ 
not exceeding eighteen thousand dollars, to enable it to 
pay at or before maturity its present bonded debt. 

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

Approved March 29, 1880. 

An Act to incorporate the somerville wharf and improve- Chap. 147 

MENT COMPANY. 

Be it enacted, tfcc, as follows: 

Section 1. George Wheatland, James W. Roberts, corporators. 
Peter S. Roberts, Solomon Parsons, Horatio G. Parker, 
their associates and successors, are made a corporation by 
the name of the Somerville Wharf and Improvement Name and 
Company, with power to purchase and hold, in fee simple p"''p°*^- 
or otherwise, all or any part of that tract of land and 
flats situated in Somerville, and bounded south-westerly by 
Mystic Avenue, north-westerly by the Medford line, north- 
easterly by Mystic River, and easterly by the Boston and 
Maine Railroad, containing about two hundred acres. 

Section 2. Said corporation shall have power to sell Mayseiuand, 

, , ,^ ji • !• r J build wharves, 

and convey, lease, mortgage, or otlierwise dispose oi and. etc., and lay out 
deal with said corporate property or any part thereof, and ^''^eets. 
to manage, improve, fill and grade the same, with author- 
ity to construct docks, wharves and buildings, and to lay 
out streets and passageways, and otherwise improve the 
same, as it shall deem expedient : provided, however, that Proviso, 
no canal shall be constructed within the territory of said canainottobe 
corporation without the consent of the city of Somerville ; without consent 
and provided, further, that all authority granted by this act °^ '''^^■ 
to do any filling or to build any structures in said tide water 
is granted subject to the provisions of chapter four hun- 
dred and thirty-two of the acts of the year eighteen hun- 
dred and sixty-nine, and further with all the rights and 
privileges, and subject to all the duties, limitations and re- 
strictions conferred or imposed by general laws which now 
are or hereafter may be in force applicable to such corpo- 
rations. 

Section 3. The capital stock of said corporation shall capital stock 
be six hundred thousand dollars divided into shares of * " 



100 



1880. — Chapters 148, 149. 



Maj' construct 
dunis for 
creating water 
power. 



Powers and 
duties. 



one hundred dollars each, and said corporation, subject to 
the provisions of law, may increase the said stock from 
time to time to an amount not exceeding one million dol- 
lars. 

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

Approved March 29, 1880. 

Chap. 148 An Act ik relation to the turner's falls company. 
Be it enacted, &c., as follows : 

Section 1. The Turner's Falls Company may main- 
tain and use its dams, locks and canals, as at present con- 
structed, or any portion thereof, and may construct other 
dams, locks and canals connected therewith, for the pur- 
pose of creating a water power to use or lease to other 
persons or corporations for mechanical or manufacturing 
purposes. And for the purposes aforesaid the said Tur- 
ner's Falls Company shall have all the powers and privi- 
leges and be subject to all the duties, liabilities and re- 
strictions set forth in chapter sixty-eight of the General 
Statutes and the acts in amendment thereof and in addi- 
tion thereto, and chapter two hundred and twenty-four of 
the acts of the year eighteen hundred and seventy and 
the acts in amendment thereof and in addition thereto ; 
but this grant shall in no wise impair the legal rights of 
any stockholder in said company. 

Section 2. The Turner's Falls Company is hereby re- 
lieved from the obligation to support its locks, dams and 
canals, for the purposes of navigation, and its said canal is 
hereby discontinued as a navigable highway. 

Section 3. This act shall not take effect until it is ac- 
cepted by a majority in interest of the stockholders pres- 
ent or lawfully represented and voting at a legal meeting 
called for that purpose. Approved March 29, 1880. 

Chap. 149 An Act to regulatp the price of board in the several 

STATE LUNATIC HOSPITALS. 

Be it enacted, &c., as follows: 

The rate of board to be charged by the trustees of the 
several state lunatic hospitals, for the support in said hos- 
pitals of state, city and town paupers therein, shall be 
three dollars and twenty-five cents a week, from and after 
the first day of April in the year one thousand eight hun- 
dred and eight3^ Approved March 29, 1880. 



Canal discon- 
tinued 38 a 
navigable 
highway. 



Subject to 
acceptance by 
stockholders. 



Rate ol board 
fixed for insane 
paupers. 



1880. 



Chapters 150, 151, 



101 



An Act to amend an act in relation to savings banks and Chap. 150 

INSTITUTIONS FOR SAVINGS. 

Be it enacted, t&c, as folloios : 

Section 1. Section fifteen of chapter two hundred and Payment of 
three of the acts of the year eighteen hundred and seventy- 
six is hereby amended, by striking out the word " two," 
in the fifth line, and inserting in place thereof the words 
" one and one-half." 

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

Approved March 29, 1880. 



An Act to provide for binding out female prisoners from 

county prisons. 
Be it enacted, &c., as folloivs : 

Section 1. The commissioners of prisons may, with 
the consent of any woman who is serving a sentence in 
any jail or house of correction, and with the consent of the 
county commissioners, contract to have such woman em- 
ployed in domestic service for such term of time not ex- 
ceeding her term of imprisonment, and upon such terms, 
as shall seem to said commissioners fit, having regard to 
her welfare and reformation. If after such contracting 
for domestic service the conduct of such woman during 
the term of her imprisonment shall not in the opinion of the 
said commissioners be good, they may order the return of 
such woman to the prison whence she was taken for em- 
ployment. 

Section 2. If any woman employed at domestic service 
under the provisions of this act, or under the provisions of 
chapter two hundred and twenty-nine of the acts of the 
year one thousand eight hundred and seventy-nine, sliall 
leave such place of service, or having been ordered by the 
commissioners of prisons to return to prison, neglects or 
refuses so to do, she shall be deemed to have escaped from 
prison, and may be arrested and returned to the prison 
whence she was taken for employment, in the same manner 
as if she had escaped from said prison. 

Section 3. Any woman employed at domestic service 
as aforesaid shall, if convicted of leaving such place of 
service, or of refusing to return to the prison whence 
she was taken for employment, when ordered so to do by 
the commissioners of prisons, as aforesaid, be punished 
by imprisonment in a jail or ho.use of correction not less 
than three months nor more than one year. 

Section 4. The costs of the arrest and return of any 
woman leaving her place of service, or refusing to return 



Chap. 151 



Female prison 
ers in county 
prisons may be 
bound out to be 
employed in 
domestic 
service. 



May be returned 
to prison upon 
leaving place 
of service, etc. 



Penalties for 
leaving place 
of service, etc. 



Payment of 
costs of arrest, 
etc. 



102 



1880. — Chapters 152, 153. 



Bonds of execu- 
tors, adminis- 
trators and 
guardians. 



to prison, as aforesaid, shall be paid in the same manner as 
are the costs of the arrest and return of a prisoner who 
escapes from a place of confinement established by law. 

Approved March 29, 1880. 

Chap. 152 An Act relating to the bonds of executors, administrators, 

TRUSTEES AND GUARDIANS. 

Be it enacted^ tfcc, as folloios : 

Section 1. Section two of chapter ninety-three of the 
General Statutes is hereby amended by striking out of the 
second clause of the condition of the bond named therein 
the words "for the payment of his debts or legacies," and 
inserting in place thereof " or mortgaged." And section 
two of chapter ninety-four of the General Statutes is 
hereby amended by striking out of the second clause of the 
condition of the bond named therein, the words "for the 
payment of his debts," and inserting in place thereof " or 
mortgaged." And section sixteen of chapter one hundred 
and nine of the General Statutes is hereby amended by 
inserting in the third clause of the condition of the bond 
named therein, after the word "sold," the words "or 
mortgaged." 

Section 2. When a license or authority for the sale or 
mortgage of real estate is granted to an executor, adminis- 
trator, trustee or guardian, no special bond shall be re- 
quired ; but if the bond given by such executor, adminis- 
trator, trustee or guardian, upon his appointment, appears 
to the court to be insufficient, the court, before granting 
the license or authority as aforesaid, shall require an addi- 
tional bond containing the same conditions as those in the 
bond prescribed in this act, and the statutes to which 
this is in addition, to be given, upon the appointment of 
such executor, administrator, trustee or guardian. 

Section 3. This act shall take effect upon the first day 
of September in the year eighteen hundred and eighty. 

Approved March 29, 1880. 

Chap. 153 An Act for the preservation of ancient burial grounds. 
Be it enacted, &c., as follows: 

It shall not be lawful for any city or town in this Com- 
monwealth to alienate, convey, or appropriate to any other 
use than that of a burial ground, any tract of land which 
has been for more than one hundred years used as a place 
of burial of the dead ; nor shall any portion of such burial 
ground be taken for any public use without special 



When authority 

is given to sell, 
special bond not 
required unless 
bond given 
upon appoint- 
ment is 
iuBufficient. 



Cities and towns 
not to alienate 
land used more 
than 100 years 
for a burial 
ground without 
consent of the 
legislature. 



1880. — Chapters 154, 155. 



103 



authority from the legislature : provided^ that this act Proviso, 
shall not apply in any case where the town has already 
given its consent to such use, or where special authority 
therefor has been granted by the legislature. 

Approved March 29, 1880. 

An Act to amend chapter one hundred and eighty-nine of Chap. 154 

THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND SEVENTY-FIVE 
CONCERNING NON-RESIDENT GUARDIANS. 

Be it enacted, &c., as follows : 

Section 1. Section one of chapter one hundred and Amendment to 
eighty-nine of the acts of the jeiir eighteen hundred and 
seventy-five is hereby amended by striking out in the 
nineteenth line thereof the word " minor," and inserting 
in place thereof the word ^ ward." 

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

Approved March 29, 1880. 

An Act in relation to the sale of unclaimed property in Chap. 155 

THE possession OF POLICE DEPARTMENTS OF CITIES. 

Be it enacted, &c., as follows : 

Section 1. Whenever any money, goods or other prop- 
erty shall come into the possession of any member of a 
police department of any city b}' virtue of his office, said 
property having been lost, abandoned, stolen or taken from 
any person under arrest, he shall deliver the same to such 
officer or member of said department as shall be designated 
by the rules or regulations for the government of the 
department, and shall then be relieved from further 
responsibility therefor. Said officer or member to whom 
such property may be so delivered shall, except as herein- 
after provided, be held to comply with all the requirements 
of any statutes relating to lost goods and stray beasts. 

Section 2. Whenever any of such money, goods or 
other property shall have remained in the possession of 
any of said police departments, or any member thereof, for 
the term of six months, the same having been unclaimed, 
and the owner thereof being unknown or having no place 
of abode or of business known to such officer, the said 
departments may sell the same at public auction in the 
manner provided for herein. 

Section 3. Notice of such sale shall be published at 
least once a week, for three successive weeks preceding 
such sale, in some newspaper in the city where said police 
department may be ; such notice to give the time and 
place of sale, together with a description of the property 
to bersold. 



Property stolen, 
etc., in hands of 
police to be 
delivered to the 
officer desig- 
nated by rules. 



Property re- 
maining six 
months un- 
claimed to be 
sold at auction. 



Public notice 
of sale to be 
given. 



104 



1880. — Chapter 156. 



Property of a 
perishable 
nature may be 
Bold. 



Proceeds of 
sales to be paid 
into treasury 
of city. 

If owner applies 
within two 
years, proceeds 
to be paid over 
to him. 



Repeal. 



Chap 



Cost of support 
of prisoner 
transferred 
from one county 
to another. 



Cost of support 
of prisoner 
transferred 
from reforma- 
tory prison to 
jail, etc., to be 
paid by the 
state. 



Section 4. Whenever any of such property shall be 
of a perishable nature, or such as will deteriorate greatly 
in value by keeping, or of which the expense of keeping 
will be likely to exceed the value thereof, the same may 
be sold at public auction in accordance with the rules and 
regulations governing said departments, i-easonable notice 
of the time and place of sale being first given by advertis- 
ing the same in some newspaper of the city where said 
police department is established. 

Section 5. The proceeds of such sales, after deducting 
all reasonable charges and expenses incurred on such 
property, shall be paid into the treasury of said cities. 

Section 6. If within two years after any such sale the 
owner of any property so sold shall make claim to and 
prove his ownership of said property, the said proceeds, 
all reasonable charges and expenses being first deducted, 
shall be paid over to him upon the order of the head of 
such department. 

Section 7. All acts and parts of acts inconsistent here- 
with are hereby repealed. 

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

Approved March 29, 1880. 

.156 An Act to provide for the payment of the cost of sup- 
porting PRISONERS IN certain CASES. 

Be it enacted, &c., as follows: 

Section 1. The cost of supporting any prisoner trans- 
ferred from a jail or house of correction in one county to 
a jail or house of correction in another county shall be 
paid in accordance with the provisions of section two of 
cha]3ter two hundred and eighty of the acts of the year 
one thousand eight hundred and sixty-six. 

Section 2. The cost of supporting any prisoner trans- 
ferred from the reformatory prison for women to any jail 
or house of correction shall be paid from the treasury of 
the commonwealth : provided, said prisoner was not origi- 
nally sentenced from the county in which said jail or house 
of correction is located. No bill for the support of prison- 
ers under this section shall be paid without the approval 
of the commissioners of prisons. 

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

Approved March 29, 1880. 



1880. — Chapters 157, 158, 159. 



105 



Returns to be 
made to the 
Bocrctary of the 
Commonwealth 
of corporations 



An Act requiring returns to be made of corporations Chap. 157 

DISSOLVED BY THE SUPREME JUDICIAL COURT. 

Be it enacted^ &c. , as follotvs : 

Whenever a corporation is dissolved by the supreme 
judicial court, the clerk of the courts for the county in 
which the decree or order for dissolution is made shall 
forthwith make return thereof to the secretary of the Com- ^i^p^^'^,^;;^^!. 
monwealth, giving the name of the corporation dissolved ciai court, 
and the date upon which such order or decree was made. 

Approved March 29, 1880. 

An Act to amend "an act to regulate the sale of wheat, Chap. 158 

CORN AND OTHER GRAINS, AND MEAL." 

Be it enacted, &c., as folloivs : 

Section 1. The term "cental" as used in this act 
shall mean one hundred pounds. 

Section 2. Chapter two hundi-ed and thirty-two of 
the acts of the year eighteen hundred and fifty-five is 
hereby amended so that wheat, corn, rye, oats, barley, 
buckwheat, ground corn or corn meal, ground rye or rye 
meal and feed, may be bargained for and sold by the 
" cental." 

Section 3. Whenever said articles shall be sold by 
the cental, the measurers of grain, upon application as 
provided for by said act, shall give a certificate of the 
number of centals of the same ; and if the vender shall 
sell and deliver any quantity of the same, exceeding 
one cental, without the same having been weighed by said Penalty, 
measurers, such person shall forfeit the sum of ten dollars 
for every lot purporting to be a cental which shall contain 
less than one hundred pounds, said sum to be recovered 
by the purchaser in an action of tort. 

Approved March 29, 1880. 



" Cental," 100 
pounds. 

Grain and meal 
may be sold by 
the cental. 



Measurers to 
certify to the 
number of 
centals. 



An Act in relation to chelsea bridge. 
Be it enacted, &c., as follows : 

Section 1. Upon the payment of the sum of twenty- 
five thousand dollars by the city of Chelsea to the city of 
Boston, it shall thereupon be the duty of the city of Bos- 
ton to forever maintain and keep in repair the north-east- 
erly draw and draw-piers of Chelsea bridge, and also such 
portion of the bridge as may be included within the piers 
when re-located. 

Upon the payment aforesaid said city of Boston shall, in 
addition to its existing liability under the laws of this 
Commonwealth for damages resulting from defects in said 

14 



Chap. 159 



Boston to for- 
ever keep in 
repair certain 
part of Chelsea 
Biidge, upon 
payment of 
$25,000 by 
Chelsea to 
Boston. 



Liability for 
defects in 
bridge. 



106 



1880. — Chapter 160. 



Powers of 
Boston in 
reconstruction 
of bridge. 



Temporary 
carriage way. 



May build tem- 
porary struc- 
ture for I^ynn 
and Boston 
Railroad. 



Channel of 
Mystic River 
not to be 
obstructed. 



bridge, be likewise liable under said laws for all such 
defects in that portion of said bridge whereof by this act 
it assumes the maintenance and repair. 

Section 2. For the purpose of reconstructing said 
Chelsea bridge under the provisions of chapter one hun- 
dred and six of the laws of the year eighteen hundred and 
seventy-six, the city of Boston shall have, with reference 
to that portion of said bridge the maintenance and repair 
of which was newly imposed upon the city of Boston by 
chapter forty-one of the laws of the year eighteen hundred 
and seventy-eight, and that portion to be maintained and 
kept in repair under the first section of this act, all the 
powers with reference to said portions conferred by said 
chapter one hundred and six of the laws of the year eigh- 
teen hundred and seventy-six upon the city of Chelsea. 
The city of Boston is authorized at its discretion to con- 
struct a temporary carriage way, in addition to the foot 
way mentioned in section five of chapter one hundred and 
six of the laws of eighteen hundred and seventy-six, with 
the exemption from liability therein set forth. 

Section 3. Said city of Boston is further authorized to 
build a temporary structure upon which the Lynn and 
Boston Railroad Company may run its cars at its own risk, 
while said city is rebuilding any portion of said bridge, or 
said railroad company may build and use said temporary 
structure itself, subject to the approval of the harbor com- 
missioners : provided^ that said city shall not be liable to 
any person or corporation by reason of maintaining said 
temporary structure, or by reason of any defect therein ; 
and 'provided also, that nothing contained in this section 
shall be construed to prohibit said city from closing said 
bridge or any portion thereof to public travel, whenever it 
shall become necessary in the construction thereof. 

Section 4. Nothing in this act shall permit any ob- 
struction of the main channel of Mystic River by such 
temporary structures or otherwise. 

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

Approved March 31, 1880. 



Chap. 160 -^N Act relating to the preparation and presentation to ■ 

THE general court OF PUBLIC AND PRIVATE BUSINESS. 



Estimates for 
appropriations 
to be made in 
detail and in 
tabular form. 



Be it enacted, &c., as folloios : 

Section 1. Heads of departments and officials making 
estimates for appropriations, under the requirements of 
chapter three hundred and forty-nine of the acts of the 
year eighteen hundred and seventy-two, shall make such 



1880. — CHArTER 161, 



107 



estimates in detail and in tabular form, showing the 
amounts appropriated for the current year and the amounts 
required for the ensuing year, with notes exphiining tlie 
necessity for any new, increased or decreased expenditure, 
and citations of statute provisions rehiting to said expendi- 
tures. The heads of departments and officials heretofore 
named, when presenting their estimates for the year eigh- 
teen hundred and eighty-one, shall furnish in addition 
thereto and separately, estimates for a further period of 
six months beginning January first, eighteen hundred and 
eighty-two, and also estimates for a period of nine months 
beginning on the same date. 

Section 2. The secretary of the Commonwealth shall 
cause to be printed in one document, and laid before the 
legislature on the second Wednesday of January in each 
year, a copy of all applications by towns, cities, persons or 
corporations for new legislation which may have been filed 
with him in compliance with sections eight to twelve in- 
clusive of chapter two of the General Statutes ; and when 
said document is laid before the legislature the subject 
matters of the applications therein named shall be taken 
and deemed to be in the possession of the legislature for 
such action as it may deem proper ; and to all persons or 
corporations whose applications are subject to this act the 
secretary of the Commonwealth shall furnish a copy of this 
act. Approved March 31^ 1880. 

An Act in addition to an act to provide for the audit- 
ing OF THE accounts OF COUNTY OFFICERS. 

Be it enacted^ t&c, as follows : 

Section 1. The first section of chapter two hundred 
and ninety-three of the acts of the year eighteen hundred 
and seventy-nine is hereby amended by inserting the words 
" special commissioners, registers of probate and insolven- 
cy, registers of deeds, district attorneys, commissioners of 
insolvency," in the first line after the word " commission- 
ers," and by inserting the words, " deputy jailers and mas- 
ters of houses of correction" after the word "jailers," in 
the first line, and by inserting the words "charged or" 
after the word "been" in the sixth line, so that said sec- 
tion as amended shall read: — The county commissioners, 
special commissioners, registers of probate and insolvency, 
registers of deeds, district attorneys, commissioners of in- 
solvency, sheriffs, jailers, deputy jailers and masters of 
houses of correction, treasurers, clerks of courts and bail 
commissioners in the several counties shall keep an accu- 



Separate esti- 
mates for the 
Bix months and 
nine months 
from Jan. 1, 
1882, to be made, 
in addition to 
those for 1881. 



Applications 
for legislation 
under G. S. 2, 
§§ 8-12, to be 
printed in one 
document and 
laid before 
legislature. 



Subject matters 
deemed to be in 
possession of 
legislature 
for action. 



Chap. 161 



County officers 
to make return 
under oath of 
sums of money 
received by 
them, to bank 
commissioners. 
1879, 293, § 1. 



108 



1880. — Chapter 161. 



Returns to be 
compiled in 
tabular form 
and laid before 
the legislature. 



County treas- 
urers' books to 
be examined 
once a j'ear 
without 
previous notice. 



Examination of 
books of other 
county oflicers. 



Returns to be 
made in such 
form as commis- 
sioners may 
prescribe. 



Penalties. 



rate record of, and shall, on or before the tenth day of 
January in each year, make return under oath to the com- 
missioners of savings banks, of all sums of money which 
have in any way been charged or received by them or to 
their use, by reason or on account of their said offices, or 
in their olficial 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. 

Section 2. The commissioners of savings banks are 
hereby directed to inspect the books and accounts of the 
county treasurer of each county at least once a year with- 
out previous notice to said treasurer, and to examine all 
original vouchers for the expenditures made by said treas- 
urer, for or on account of the several departments or 
officers having authority to contract the same ; and shall 
also visit, or cause to be visited at least once a year with- 
out previous notice, all other said county officers, and at 
such time make an examination of the books, accounts 
and vouchers of the aforesaid officers, ascertaining in de- 
tail the various items of receipts and expenditures ; and 
said commissioners of savings banks shall ascertain the 
actual amount of cash or money on hand in either of the 
aforesaid departments or with said officers, and shall re- 
quire, so far as possible, uniformity and correctness in the 
method of keeping said accounts, and may order such 
classification of receipts and expenditures as they see fit. 

Section 3. To enable said commissioners of savings 
banks to perform the services herein required of them, the 
said county officers shall afford all reasonable and needed 
facilities; and it is hereby made the duty of all such offi- 
cers to make returns and exhibits under oath to said com- 
missioners of savings banks, in such form and at such time 
or times as they shall reasonably prescribe ; and such per- 
son or persons, who shall refuse or neglect to give such in- 
formation as may be required by said commissioners, pro- 
vided the same be within their knowledge, shall be deemed 
guilty of a misdemeanor and shall be punished therefor by 
a fine not exceeding one hundred dollars for each offence ; 
and if any person in making such return or exhibit/ or 
giving such information or statement on his oath, shall 
knowingly swear falsely concerning the same, he shall be 
deemed guilty of perjury and punished accordingly. 



1880. 



Chapters 162, 163. 



109 



Attorney-gen- 
eral to take 
action if officera 
refuse to 
comply. 



Allowance for 
extra clerical 
assiiitance. 



Powers of 
auditor of 
Suttblk County 
not abridged. 
1879, 256. 



Takes effect 
May 1, 1880. 



Section 4. The said commissioners of savings banks 
shall report to the attorne3'-general the refusal or neglect 
of any count}* officer to comply with any of the require- 
ments of this act, and it shall be the duty of the attorney- 
general to promptly take action thereon. 

Section 5. Said commissioners of savings banks shall 
be allowed, for extra clerical assistance in the duties im- 
posed by this act and in their other duties, a sum not ex- 
ceeding six hundred dollars a year in addition to the 
amount authorized by law, the same to be expended under 
their direction. 

Section 6. Section two of chapter two hundred and Repeal, 
niriety-tliree of the acts of the year eighteen hundred and 
seventy-nine and all acts and parts of acts inconsistent 
with the provisions of this act are hereby repealed. 

Section 7. This act shall not be construed to abridge 
the powers or restrict the authority given to the auditor of 
the county of Suffolk by chapter two hundred and fifty-six 
of the acts of the year eighteen hundred and seventj'-nine. 

Section 8. This act shall take effect upon the first day 
of May eighteen hundred and eighty. 

Approved March 31, 1880. 

An Act relative to the bonds of treasurers of savings Chap. 162 

BANKS. 

Be it enacted, &c., as follows: 

Section 1. The trustees of every savings bank and 
institution for savings shall file with the commissioners of 
savings banks a copy of the bond of the treasurer of said 
bank or institution, and shall notify them of any change 
thereafter made in said bond. 

Section 2. The said commissioners shall keep a record 
to show when said bonds expire, and of the changes noti- 
fied to them under the preceding section. And said com- 
missioners shall have authority whenever in their judgment 
it may be necessary for the security of the depositors to 
require a new bond to be given in such amount and with 
such sureties as they shall approve. 

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

Approved March 31, 1880. 

An Act relating to the termination of trusts. 
Be it enacted, &c., as folloics : 

The probate court in each county shall have original 
jurisdiction concurrent with the supreme judicial court 
over all matters relating to the termination of trusts under 
wills, deeds, indentures or other instruments. 

Approved March 31, 1880. 



Copy of bond 
of treasurer to 
be tiled with 
commissioners. 



Commissioners 
to keep a record 
to show when 
bonds expire, 
etc. 



May require 
new bond. 



Chaj). 163 



Termination of 
trusts. 



110 



1880. — Chapter 164. 



Chap. 164 



Ooi-porators. 



Name and 
purpose. 
1867, 62. 



May dig up and 
open grounds. 



To put streets 
iu repair. 



Real estate. 



Capital stock. 



May acquire 
rights of the 
Manufacturers 
Cias Company 
of Fall River. 



An Act to incorporate the manufacturers gas light com- 
pany OF FALL river. 

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

Section 1. Thomas F. Ecld3% Charles M. Shove and 
Joseph A. Baker, their associates and successors, are here- 
by made a corporation by the name of the Manufacturers 
Gas Light Company, for the purpose of making and sell- 
ing gas in the city of Fall River ; with all the powers and 
privileges and subject to all the duties, restrictions and 
liabilities set forth in all general laws which now are or 
may hereafter be in force relating to such corporations. 

Section 2. Said corporation with the consent of the 
mayor and aldermen of said city shall have power and 
authority to dig up and open the grounds in any of the 
streets, lanes and highways in said city for the purpose of 
laying, sinking and repairing such pipes and conductors as 
may be necessar}^ to accomplish the ol)ject of the corpora- 
and for the purpose aforesaid ; but such consent shall not 
affect the right or remedy to recover damages for any 
injury which shall be caused to persons or property by the 
doings of such corporation. They shall put all such 
streets, lanes and highways which are opened, into as 
good repair as they were in when they were opened, and 
upon failure so to do within a reasonable time shall be 
deemed guilty of a nuisance. The mayor and aldermen of 
said city shall at all times have power to regulate, restrain 
and control all acts and doings of the said corporation 
which may in any manner affect the health, safety, con- 
venience or property of the inhabitants of said city. 

Section 3. Said corporation may hold such real estate 
as may be necessary and convenient for the purpose afore- 
said, not exceeding in value the sum of forty thousand 
dollars; and the whole capital stock shall not exceed the 
sum of fifty thousand dollars. 

Section 4. The manufacturing corporations in Fall 
River may severally hold stock, not to exceed thirty-three 
per cent, of the whole stock, in said gas company ; and 
said gas company may acquire and hold the rights and 
property formerly belonging to the Manufacturers' Gas 
Company of Fall River. 

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

Approved March 31, ISSO. 



1880. — Chapters 165, 166. 



Ill 



May increase ita 
indebtedness 
$40,01)0 to pay 
for building 
bridge. 



Three per cent 
of principal 
indebtedness 
to be paid 
annually. 



Provisions of 
1875, 209, not 
inconsistent, 
to apply. 



An Act to authokize the town op agawam to borPwOW money. Chap. 165 
Be it enacted, <&c., as follows : 

Section 1. The town of Agawam, for the purpose of 
discharging its liability for the payment of its portion of 
the cost of building the bridge from Springfield over the 
Connecticut river to that town, may become indebted in 
addition to its other existing indebtedness in a further sum 
not to exceed forty thousand dollars. Any debts con- 
tracted by virtue hereof shall be made payable at a period 
not exceeding twenty years from the passage of this act. 
And said town shall annually raise by taxation a sum not 
less than three per cent, of the principal indebtedness of 
the whole amount of the indebtedness of the town, which 
shall be annually applied towards the payment of the 
debts of the town, exclusive of the interest of such in- 
debtedness. 

Section 2. The provisions of chapter two hundred 
and nine of the acts of the year eighteen hundred and 
seventy-five, and of other acts in addition thereto, shall 
apply to said town except so far as they are inconsistent 
herewith. 

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

Approved March 31, 1880. 

An Act to provide for the support and maintenance of Chap. 166 

CHILDREN OF INSANE PERSONS. 

Be it enacted, &c., as follows : 

Section 1. In addition to the provisions of section 
nineteen of chapter one hundred and nine of the General 
Statutes providing for the support of the family of a per- 
son under guardianship, the probate courts in the several not reqime'd 
counties, on the application of the guardian of an insane support of 
person, or of any child, or guardian of any child of such 
insane person, after notice to all other persons interested, 
may authorize and require the guardian of such insane 
person to apply such portion as the court shall direct of 
the income of the ward, which is not required for his 
maintenance and support, to the maintenance and support 
of any child or children of said ward. 

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

Approved April 5, 1880'. 



Probate court 
may direct 
guardian of 
insane person to 
apply income 



children. 



112 



1880.— Chapters 167, 168. 



Special sheriffs 
to be appointed, 
to perform 
duties of 
office wlien 
Btieriff is unable 
to- act. 



Chap. 167 An Act to authorize the appointment of special sheriffs. 
Be it enacted., &c., as follows : 

Section 1. The sheriffs of the several counties shall 
appoint one person within their respective connties special 
sheriff, who shall give to the sheriff such bond for the 
faithful performance of his duties as the sheriff may require, 
and have all the authority that deputy sheriffs now have. 
And whenever by reason of sickness, absence, interest or 
other cause the sheriff is unable to perform the duties of 
his office, and when those duties cannot under existing 
laws be performed by one of his deputies, the same shall 
be performed b}^ said special sheriff; and compensation 
therefor shall be paid by the sheriff when not otherwise 
provided for by existing laws. 

Section 2. Whenever a vacanc}^ occurs in the office 
of sheriff in any county the special sheriff in said county 
shall perform all the duties required by law to be per- 
formed by the sheriff until the office of sheriff is filled in 
manner provided by law, giving bond as now required by 
sheriffs. And in case of such vacancy the deputies of the 
sheriff vacating the office shall continue to have and ex- 
ercise the power of deputy sheriffs until said office is filled 
as aforesaid. 

Section 3. Sections twenty-two and twenty-three of 
chapter two hundred of the acts of eighteen hundred and 
seventy-seven are hereby repealed. 

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

Approved April 5, 1880. 



To act during 
vacancy in office 
of sheriff. 



Deputies to 
continue to act. 



Repeal of 
1877, 200, §§ 22, 
23. 



Chap. 168 An Act relating to criminal jurisdiction at downer land- 
ing IN THE TOWN OF HINGHAM. 



Courts of Suf- 
folk County to 
have concurrent 
criminal juris- 
diction at 
Downer 
Landing. 



Police of Boston 
may make 
arrests and 
serve criminal 
process. 



Be it enacted., <fcc., as follows: 

Section 1. The courts in the county of Suffolk shall 
have jurisdiction concurrently with the courts having 
jurisdiction in the county of JPl3-mouth of all crimes, of- 
fences and misdemeanors committed in that j^ortion of the 
town of Hingham in the county of Plymouth lying within 
the following limits ; viz., beginning at the tide-gate under 
the bridge on Otis Street, thence running in a direct line 
to the corner of Lincoln Street and Downer Avenue, 
thence by Lincoln Street to the Wejanouth line, thence 
by the shore to the place of beginning. 

Section 2. The police officers of the city of Boston 
shall have the same power and authority to make arrests 
and serve criminal process in that portion of the town of 



1880. — Chapter 169. 



113 



Hingham described in section one of this act as they now 
liave in the city of Boston. 

Section 3. The police commissioners or other person May be sent to 
or persons having authority over the police force of the nowiu'^r''" "^ 
city of Boston, may in their discretion, upon request made landing, 
to them by any person living or owning property within 
the limits described in section one of this act, send one or 
more police officers of the city of Boston to aid the officers 
of the town of Hingham in maintaining and preserving 
the peace within said limits. 

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

Approved April 5, 1880. 



An Act to enable the Massachusetts central railroad Chap. 169 

COMPANY to cross THE LEXINGTON AND ARLINGTON RAILROAD 
AT GRADE, AND TO CHANGE THE LOCATION OF CERTAIN POR- 
TIONS OF ITS ROAD. 



Be it enacted, <fcc., as follows : 

Section 1. Section two of chapter two hundred and 
fifty-three of the acts of the year eighteen hundred and 
seventy-nine is hereby amended so far as to authorize the 
Massachusetts Central Railroad Company to so locate and 
construct its railroad as to cross the railroad formerly of 
the Lexington and Arlington Railroad Company, now the 
property of the Boston and Lowell Railroad Corporation, 
in the city of Cambridge, at the same level therewith : 
provided., said Massachusetts Central Railroad Company 
shall first obtain the consent in writing of the board of 
railroad commissioners thereto, in accordance with chapter 
three hundred and seventy-two of the acts of the year 
eighteen hundred and seventy-four. 

Section 2. The Massachusetts Central Railroad Com- 
pany is hereby authorized to locate and construct its rail- 
road over and upon such portion of the location of the 
Ware River Railroad Company as it may hereafter acquire 
by agreement with said Ware River Railroad Company, 
and over and upon such portion of the location of the New 
London Northern Railroad Company as it may hereafter 
acquire by agreement with said New London Northern 
Railroad Company : provided., lioivever., that nothing in this 
section shall authorize a relocation of said Massachusetts 
Central Railroad Company contrary to the provisions of sec- 
tion two of chapter one hundred and forty-eight of the acts 
of eighteen hundred and seventy-five, and that before any 
change is made in its location under this act the said 
Massachusetts Central Railroad Company shall give a 

15 



Massachusetts 
Central Rail- 
road may cross 
railroad 
formerly of 
Lexington and 
Arlington Rail- 
road Company. 



Proviso. 



May locate and 
construct rail- 
road upon the 
Ware River, 
and New Lon- 
don Northern 
Railroads. 



114 



1880. — Chapter 170. 



Ware River 
Railroad Com- 
pany may re- 
locate road. 



bond with sufficient sureties to the parties in interest, to 
pay all damages already caused by the acts of the railroad 
upon the portion of the location which may be discontinued 
under this act, the said bond to be approved by the county 
commissioners of the county where the land is situated ; or 
shall pay said damages within six months from the jDassage 
of this act. 

Section 3. The Ware River Railroad Company is 
hereby authorized to relocate and construct its railroad, 
and the New London Northern Railroad Company is here- 
by authorized to relocate and construct its railroad, so far 
as the same shall become necessary to either company by 
reason of any agreement made in pursuance of section two 
of this act : and provided, that such relocation and con- 
struction shall be made in accordance with law. 

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

Approved April 6, 1880. 



Chap. 170 An Act to establish harbor links in boston harbor. 



Harbor line8 in 
Boston Harbor 
established. 



City proper. 
Dover Street 
Bridge. 



Dover and 

Albany Streets. 



Pope's upper 
Wharf. 



Be it enacted., &c., asfolloivs: 

Section 1. The lines hereinafter described shall be, 
and the same hereby are, established as lines beyond which 
no wharf or pier shall be extended into and over the tide 
waters of the Commonwealth. 

Section 2. The line on the frontage of the city proper 
begins at point A on the northerly side of Dover Street 
Bridge, at its junction with the face of the wharf, and is 
marked by a copper tack through an iron plate on the face 
of the capsill, and is referred to points A' and A". A' is 
on the plank sidewalk on the southerly side of Dover 
Street Bridge, and is marked by a copper tack through an 
iron plate : the bearing from point A to A' is the same as 
the harbor line between the points A and B. Point A'' is 
at the south-easterly corner of a brick building at the north- 
easterly corner of Dover and Albany Streets : distance from 
point A to A", one hundred and twenty-two and fifty-four 
one-hiuidredths feet ; bearing from point A to A'\ one 
hundred and four degrees, forty-six minutes, and twenty- 
three seconds. 

Thence northerly to point B, which is at the northerly 
corner of Pope's upper Wharf, and is referred to point B' 
on the capsill of Pope's lower Wharf, and is marked by a 
copper tack through an iron plate : distance from B to B\ 
thirty-five and sixty one-hundredths feet; bearing from B 
to B', one hundred and ninety -eight degrees, three minutes, 
and nineteen seconds. 



1880. — Chapter 170. 



115 



Thence northerly to point C, which is at the southerly 
corner of Furber and Bailey's Wharf, and is referred to 
point C on the capsill of the same wliarf, and is marked 
by a nail through an iron plate : distance from C to C, 
thirty-eight feet ; bearing from C to C, one hundred and 
ten degrees and twenty seconds. 

Thence northerly to point D, which is at the southerly 
corner of Gutterson's Wharf, and is referred to point D' 
on the northerly corner of Hamni's Wharf, and is marked 
by a copper tack through an iron plate on the capsill : dis- 
tance from D to D', forty-eight and seventy-eight one- 
hundredths feet ; bearing from D to D', thirty-nine degrees, 
thirty-two minutes, and four seconds. 

Thence northerly to point E, which is near the intersec- 
tion of the southerly side of Broadway Bridge and the 
face of the wharf, and is referred to point E' on the south- 
erly corner of the Boston and Albany Railroad Wharf, 
under Broadway Bridge, and is marked by a nail through 
an iron plate on the diagonal corner-brace framed into the 
capsill of the wharf : distance from E to E', thirty-six and 
ninety-two one-hundredths feet ; bearing from E to E', two 
hundred and thirty-six degrees, twenty-six minutes, and 
fifty-three seconds. 

Thence northerly to point F, which is at the angle in 
the Boston and Albany Railroad Wharf about one hun- 
dred feet below Broadway Bridge, and is referred to point 
F' on the capsill of the same wharf, and is marked by a 
copper tack through an iron plate : distance from F to F', 
forty-six one-hundredths feet ; bearing from F to F', one 
hundred and eighty-one degrees, fourteen minutes, and 
forty-two seconds. 

Thence northerly to point G, which is at the face of the 
Boston and Albany Railroad Wharf, at its intersection 
with the harbor line between the points G and H ; said 
point G being about twenty-four and one-half feet from 
the corner of the same wharf, and is referred to points G' 
and G''. Point G' is on the harboi' line between the points 
G and H, where said last named line crosses the Old 
Colony Railroad Bridge, and is about sixty-five feet south- 
westerly from the corner of a freight shed, and is marked 
by a copper tack through an iron plate : distance from G 
to G', two hundred and six and eighteen one-hundredths 
feet ; bearing from G to G' is the same as the harbor line 
between the points G and H. Point G'' is on the capsill 
of the same wharf as point G, and is marked by a copper 
tack through an iron plate : distance from G to (j'\ twenty- 



Furber and 
Bailey's Wharf. 



Gutterson's 
Wharf. 



Hamm's Wharf. 



Broadway 
Bridge. 



Boston and 
Albany liail- 
road Wharf. 



Boston and 
Albany Rail- 
road Wharf. 



Old Colony 

Railroad 

Bridge. 



116 



1880. — Chapter 170. 



Federal Street 
Bridge. 



Austin Welling- 
ton's Wharf. 



Mount Wash- 
ington Avenue 
Bridge. 



Otis'8 Wharf. 



Arch Wliarf. 



two and seventy-eight one-liundredths feet, bearing from 
G to G", two hundred and twenty-six degrees, fifty-four 
minutes, and fifty-seven seconds. 

Thence northerly to point H, which is the point of com- 
mencement of a curve in the harbor line of three hundred 
and thirty-eiglit feet radius ; the harbor lines between the 
points G and H and between the points I and K being 
tangent thereto. The radius of curve is three hundred 
and thirty-eight feet ; the length of tangent is one hundred 
and nine and twenty-nine one-hundredths feet; the arc 
passed through is thirty-five degrees, fifty minutes, and 
seventeen seconds. Point H is referred to point H^ on 
northerly side of Federal Street Bridge, where the harbor 
line between the j^oints G and H crosses said Federal 
Street Bridge, and is marked by a copper tack through an 
iron plate on the face of the capsill ; also by a copper tack 
in the outside corner of the sidewalk cap : distance from 
H to H/, one hundred and eighty-six and two one-hun- 
dredths feet ; bearing from H to H', the same as the harbor 
line between the points H and G. 

Thence northerly on an arc of a circle of three hundred 
and thirtj-'-eight feet radius to point I, which is the point 
of termination of the curve whose point of commencement 
is at i^oint H. Said point I is near Austin Wellington's 
Wharf, and is referred to point Y on the southerly side of 
Mount Wasliington Avenue Bridge, where the harbor line 
between the points I and K crosses said Mount Washing- 
ton Avenue Bridge, and is marked by a copper tack 
through an iron plate : distance from I to I^ four hundred 
and sixty-four and eighty -four one-hundredths feet ; the 
bearing from I to I' is the same as the harbor line between 
the points I and K. 

Thence northerh' to point K, which is at the angle in 
the outer face of Otis's Wharf, about eighty feet south- 
westerly from the Pioneer Floating Dry Dock, and is 
referred to points K' and K". Point K' is on the capsill of 
Otis's Wharf, and is marked by a copper tack through an 
iron plate : distance from K to K', fifty-eight one-hun- 
dredths feet ; bearing from K to K', one hundred and forty- 
six degrees, fifty-five minutes, and fifty-two seconds. Point 
K" is at the south-easterly brick corner of a brick building 
on the northerly side of the entrance to Arch Wharf: dis- 
tance from K to K'', one hundred and sixty and thirty-four 
one-hundredths feet ; bearing from K to K", sixty-two 
degrees, eleven minutes, and forty -seven seconds. 

Tlience northerly to point L, which is at the southerly 



1880. — Chapter 170. 



117 



corner of Long Wharf, and is referred to points L' and \J' . Long wiiarf. 
Point 1/ is also on the same southerly corner of the said 
Long Wharf, and is marked' by a copper tack through an 
iron plate on the capsill : distance from L to L', fifty-nine 
one-hundredths feet; bearing from L to L', one hundred 
and five degrees, forty-three iiiinutes, and thirty-five sec- 
onds. Point \J' is at the south-easterly corner of a brick 
building at the outer end of the said Long Wharf :' dis- 
tance from L to L", two hundred and eighteen and twenty- 
three one-hundredths feet; bearing from L to \J\ one 
hundred and seven degrees, fifty-seven minutes, and forty- 
eight seconds. 

Thence northerly to point M, which is at the northerly 
corner of Long Wharf, and is referred to point \J' before 
described, and also to point M' on the northerly corner of 
the said Long Wharf: distance from M to \j'\ two hun- 
dred and fifty-nine and ninety-two one-hundredths feet ; 
bearing from M to \J\ fifty-three degrees, forty-two min- 
utes, and five seconds : distance from M to M', one and 
nine one-hundredths feet ; bearing from M to M', fifty-two 
degrees and two minutes. 

Thence northerly to point N, which is on the northerly union wharf, 
corner of Union Wharf, and is referred to point N' on the 
same northerly corner of the said Union Wharf, and is 
marked by a copper tack through an iron plate on a three- 
inch thick false cap, which is spiked to the capsill of the 
wharf: distance from N to N', one and twentj^-nine one- 
hundredths feet ; bearing from N to N', twenty-six degrees, 
one minute, and five seconds. 

Thence northerly to point O, which is at the southerly Battery south 
corner of Battery South Wharf, and is referred to point ^^'*'"^- 
O' on the same southerly corner of the said Battery Wharf, 
and is marked by a copper tack through an iron plate on 
the front capsill : distance from O to O', one and fifty-three 
one-hundredths feet ; bearing from O to O', one hundred 
and seventy-nine degrees and twenty-nine minutes. 

Thence northerly to point P, which is near the northerly 
corner of Battery South Wharf, and is referred to point P' 
on the planking at the same northerly corner of the said 
Battery South Wharf, and is marked by a copper tack 
through an iron plate : distance from P to P', two and 
eighty-two one-hundredths feet: bearing from P to P', 
sixty-four degrees, thirty-two minutes, and four seconds. 

Thence northerly to point Q, which is at the southerly Constitution 
corner of Constitution Wharf, and is referred to point Q' Wharf. 
on the same southerly corner of the said Constitution 



118 



1880. — Chapter 170. 



Fiske'B Wharf. 



Bartlett'g South 
Wharf. 



Bartlett's North 
Wharf. 



Wharf, and is marked by a nail through an iron plate : 
distance from Q to Q', five and fourteen one-hundredths 
feet : bearing from Q to Q', one hundred and thirty de- 
grees and fifteen minutes. 

Thence north erh- to point R, which is near the north- 
westerly corner of Constitution Wharf and about in the 
line of the westerly side thereof extended, and is referred 
to point R' on the planking near the same northerly cor- 
ner of the said Constitution Wharf, and is marked by a 
copper tack through an iron plate : distance from R to R', 
one hundred and six and thirty-one one-hundredths feet ; 
bearing from R to R', two hundred and eleven degrees, 
fifty-seven minutes, and forty seconds. 

Thence north-westerly to point S, which is near the 
north-westerly corner of Fiske's Wharf and about in the 
line of the westerly side thereof extended, and is referred 
to j)oint S' near the end of the said Fiske's Wharf, and is 
marked by a copper tack through an iron plate : distance 
from S to S', one hundred and thirty-eight and seventy- 
nine one-hundredths feet ; bearing from S to S\ one de- 
gree, forty-five minutes, and six seconds. 

Thence westerW to point T, which is near the north- 
westerly corner of Bartlett's South Wharf, and is referred 
to point T' near the outer angle in the northerly face of 
the said Bartlett's South Wharf, and is marked by a cop- 
per tack through an iron plate : point T is also referred to 
a point in the triangnlation of eighteen hundred and 
seventy-seven and eighteen hundred and seventj^-eight, 
called "Gray's Wharf," which is at the north-westerly 
corner of a brick building on Gray's Wharf: distance 
from T to T'^ fifty-two and fourteen one-hundredths feet ; 
bearing from T to T', two hundred and sixty-four degrees, 
fifty-eight minutes, and thirty-eight seconds : distance from 
" Gray's Wharf" to T', sixty-eight and forty-four one-hun- 
dredths feet; bearing from "Gray's Wharf" to T', one 
hundred and ninety-two degrees, twenty-eight minutes, 
and forty-four seconds. 

Thence westerly to point U, which is at the westerly 
corner of Bartlett's North Wharf, and is referred to point 
U', which is on the easterly corner of the said Bartlett's 
North Wharf, and is marked by a nail through an iron 
plate on the planking of the wharf: distance from U to U', 
one hundred and eight and ten one-hundredths feet ; bear- 
ing from U to U^ two hundred and sixty-eight degrees, 
fifty-five minutes, and fortj^-three seconds. 

Theuoe westerly to point V, which is at the angle in the 



1880. — Chapter 170. 119 

outer face of the wharf of the Boston Gas Light Company, Boston Gas 
about one hundred and eighty-seven feet from the easterly Jj;llny'8*^\vharf. 
line of the last named company's land, and is referred to 
point V on the sill of the easterly coal shed, and is marked 
by a copper tack through an iron plate : distance from V 
to V, thirty-four and eighty-two one-hundredths feet; 
bearing from V to V, three hundred and thirty-seven de- 
grees and twenty-two seconds. 

Thence westerly to point W, which is at the angle in 
the outer face of the wharf of the Boston Gas l^ight Com- 
pany, next westerly from the angle at the point V last 
described, and is referred to point W on the sill used as a 
guard on the west side of a passage way between two coal- 
sheds on the said Gas Light Company's Wharf, and is 
marked by a copper tack through an iron plate : distance 
from W to W, forty-five and fifty-one one-hundredths feet ; 
bearing from W to VV, two hundred and ninety-four de- 
grees, ten minutes, and twenty-three seconds. 

Thence westerly to point X, which is at the westerly charies River 
side of Charles River Bridge at its intersection with the ^"''s'^- 
wharf line, and is marked by a copper tack through an iron 
plate on the capsill outside of the sidewalk. 

Thence westerly to point Y, which is at the easterly side warren Bridge, 
of Warren Bridge, about seventeen feet northerly from 
the outer face of Lovejoy's Wharf, and is marked by a 
copper tack through an iron plate on the capsill outside of 
the sidewalk. 

Thence westerly to point Z, which is at the easterly side Boston and 
of the Boston and Maine Railroad Bridge, where it inter- Bddge. 
sects the face of the wharf at the head of the dock, and is 
marked b}^ a copper tack through an iron plate. 

Thence westerly to point A'\ which is at the easterly Eastern Raii- 
side of the Eastern Railroad Bridge, about one hundred and ^''•^ ^"'^^*'- 
thirty-eight feet northerly from the head of the dock, and 
is marked by a copper tack through an iron plate, and is 
also referred to point A*^' at the north-easterly corner of 
the Boston and Lowell passenger station, at the outer 
corner of the stone plinth of the buttress : distance from 
A'' to A,^', one hundred and thirt3'-eight and three one- 
hundredths feet ; bearing from A^ to A^', thirty -three de- 
grees, forty-three minutes, and eight seconds. A*^ is also 
referred to A'"^'', Avliich is at the westerly side of the Boston 
and Lowell Railroad passenger bridge at the intersection 
with the northerly face of thfe said Boston and Lowell 
freight bridge, and is marked by a copper tack through an 
iron plate on the capsill ; said point A'^" being in the align- 
ment of the harbor line between the points A* and B*. 



120 



1880. — Chapter 170. 



Wharf between 
Poplar and 
Allen Streets. 



ECweUfret ht Thence westerly to point B% which is at the northerly- 
bridge, side of the Boston and Lowell freight bridge, where it 
begins to curve, and is marked by a copper tack, and is 
also referred to point B-'"', which is on the same northerly 
side of the said Boston and Lowell freight bridge, and in 
the alignment of the harbor line between the points A* and 
B'* produced, and is marked by a copper tack through an 
iron plate on the capsill : distance from B'"" to B'^', thirty- 
six and eighteen one-hundredths feet ; bearing from B'^ to 
B'^', the same as line between points A^ and B'\ 
Cragie'B Bridge. Thcnce Westerly to point C% which is at the northerly 
side of Cragie's Bridge, about sixteen feet south-easterly 
from the old draw-pier, and is marked by a copper tack 
through an iron plate, and is also referred to point C^, 
which is at the easterly corner of the stone step to a brick 
building at the intersection of the easterly side of Charles 
Street and the southerly side of Leverett Street : distance 
from C'' to C^, two hundred and twenty-one and fifty-two 
one-hundredths feet ; bearing from C^ to C^, three hundred 
and twenty degrees, twenty-eight minutes, and nineteen 
seconds. 

Thence southerly to point D^, which is at the northerly 
corner of the wharf between Poplar and Allen Streets, 
and is referred to points D'^' and D*'^ Point D*^' is on the 
southerly side of the scale frame at the entrance from 
Charles Street to the Boston Gas Light Company's Wharf, 
and is marked by a copper tack through an iron plate : 
distance from D^* to D'"^', two hundred and forty-eight and 
thirty-two one-hundredths feet ; bearing from D" to D*^', 
two hundred and fifty-nine degrees, nine minutes, and 
thirty-one seconds. Point D^^' is at the corner of a brick 
building at the angle in the easterly side of Charles Street, 
about one hundred and twenty-two feet northerly from the 
northerly side of Poplar Street : distance from D'' to T>^\ 
three hundred and thirty-nine and five-tenths feet ; bearing 
from D* to D^', two hundred and fifty-seven degrees, fifty- 
four minutes, and thirty-five seconds. 

Thence southerly to point E% which is at the northerly 
side of West Boston Bridge at its intersection with the 
sea wall, and is marked by a copper tack througli an iron 
plate on the cap outside of the brick sidewalk, and is also 
referred to points E*' and E^''. Point E*^^ is at the north- 
easterly corner of the brick building on the south-westerly 
corner of Charles and CaAibridge Streets : distance from 
E** to E^, one hundred and thirty-six and eleven one- 
hundredths feet ; bearing from E'*^ to E*', two hundred and 



West Boston 
Bridge. 



1880. — Chapter 170. 



121 



ninetj-seven degrees, eight minutes, and tliirty-eiglit 
seconds. Point E'^" is at the south-westerly corner of the 
jail yard fence, about eighty feet northerly from the south- 
westerly corner of a brick building on the north-easterly 
corner of Charles and Cambridge Streets : distance from 
E"- to E'"^", one hundred and eighty-eight and fifty-two one- 
hundredths feet ; bearing from E* to E"^'^, two hundred and 
fifty-three degrees, twenty-three minutes, and twenty-two 
seconds. 

The line on the frontage of Cambridge and Charlestown 
begins at point A, at the northerly side of West Boston 
Bridge at its intersection with the face of the wharf, and 
is marked by a copper tack through an iron plate on the 
cap outside of the brick sidewalk. 

Thence north-easterl}^ to point B, which is on the 
southerly side of Cragie's Bridge at its intersection with 
the face of the wharf, and is marked by a copper tack 
tlirough an iron plate on the cap outside of the sidewalk, 
and is referred to point B', which is at the south-easterly 
corner of the Boston and Lowell machine shop : distance 
from B to B', seventy-tliree and thirty-nine one-hundredths 
feet ; bearing from B to B', two hundred and twenty -four 
degrees, forty-six minutes, and nineteen seconds. 

Thence north-easterly to point C, at the southerly side 
of the Boston and Lowell Railroad passenger bridge at its 
intersection with the face of the wharf, and is marked on 
the capsill of the bridge by a copper tack through an iron 
plate. 

Thence easterly to point D, which is at the westerly sid.e 
of Warren Bridge, about sixty-six feet southerly from the 
outer face of the wharf on the same westerly side of the 
said Warren Bridge, and is marked by a copper tack 
through an iron plate. 

Thence easterly to point E, which is at the easterly side 
of Charles River Bridge, about eighty feet southerly from 
the outer face of Tudor's Wharf, on the same easterly side 
of the said Charles River Bridge, and is marked by a 
copper tack through an iron plate. 

Thence north-easterly to point F, which is about eighty 
feet south-easterly from the south-westerly corner of 
Hittinger's Wharf, and nearly in the alignment of the 
westerly side of said Hittinger's Wharf produced, and is 
referred to point E : distance from point F to point E, 
three hundred and seventy-nine feet ; bearing from point 
F to point E is fifty-nine degrees, six minutes, and twenty- 
seven seconds. 
16 



Cambridge and 
Charlestown. 



West BoBton 
Bridge. 



Cragie's Bridge. 



Boston and 
Lowell passen- 
ger bridge. 



Warren Bridge. 



Charles River 
Bridge. 



Hittinger's 
Wharf. 



122 



1880. — Chapters 171, 172. 



Map of lines to 
be kept in office 
of harbor and 
land commis- 
eiouers. 



Lines heretofore 
established are 
superseded. 



Ihe^^s^wbarf Thence north-easterly to point G, whicli is at the. south- 

westerly corner of the Navy Yard Shears Wharf, and is 
referred to point G', which is near the same south-westerly 
corner of the said Navy Yard Shears Wharf, and is 
marked by a copper tack through an iron plate : distance 
from G to G', one and forty one-hundreclths feet ; bearing 
from G to G', one hundred and fifty degrees and thirty- 
five minutes. 

Sectiok 3. Maps showing the lines hereby established, 
and a book or books containing proper descriptive data for 
determining their location, shall be kept in the office of 
the harbor and land commissioners, and the public shall 
have a right to examine the same. ' 

Section 4. All harbor lines heretofore established 
upon any part of the harbor frontage covered by this act 
are hereby superseded by the harbor lines established b}'' 
this act. 

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

Approved April 6, 1880. 

Chajy. 171 An Act to amend chapter one hundred and sixty-five op 

THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND SEVENTY- 
FIVE, RELATING TO A FURTHER SUPPLY OF WATER FOR THE 
CITY OF CAMBRIDGE. 

Be it enacted, &c., as follows: 

Section 1- So much of chapter one hundred and 
sixty-five of the acts of the year eighteen hundred and 
seventy-five as authorizes the city of Cambridge to take 
such land around the margin of Spy Pond, not exceeding 
five rods in width, as may be necessary for the preserva- 
tion and purity of the water of said j)ond, is hereby re- 
pealed : provided, however, that this act shall not affect any 
riglit already accrued under any former taking of land 
upon the margin of said pond under said act ; and pro- 
vided, further, that this act shall not in any way aifect any 
other provisions of the said act. 

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

Approved April 7, 1880. 



Authority of 
Cambridge to 
take land around 
margin of Spy 
Pond, repealed 
1875, 165. 



Proviso. 



Chap. 172 An Act to authorize the Springfield and north eastern 

RAILROAD COMPANY TO SELL AND CONVEY ITS RAILROAD PROP- 
ERTY AND FRANCHISE TO THE BOSTON AND ALBANY RAILROAD 
COMPANY'. 

Be it enacted, &c., as folloios : 

Section 1. The Springfield and North Eastern Rail- 
road Company is hereby authorized to sell, convey and 



Boston and 
Albany Rail- 
road Company 



1880. — Chapter 173. 



123 



transfer to the Boston and Albany Railroad Company may purchase 
the railroad and all the property, rights, j^rivileges and Lui'North'East. 
franchises of the said Springfield and North Eastern Rail- em Railroad. 
road Company, and said Boston and Albany Railroad 
Company is hereby anthorized to purchase, receive, hold, 
operate, use and enjoy said railroad and all said property, 
rights, privileges and franchises, upon such terms and con- 
ditions as shall at any time within one year from the pas- 
sage of this act be agreed upon by the directors of each of 
said corporations and approved by a majority in interest of 
the stocldiolders of each of said corporations present and 
voting at meetings duly called for that purpose: provided^ No discrimina- 
that the said Boston and Albany Railroad Company shall in°cha%es'for ^^ 
extend to all railroads connecting now or hereafter with gengirs?'^'**' 
the said Springfield and North Eastern Railroad, the same 
rate per ton, or per passenger, per mile, over said road, also 
over their own road, as the said Boston and Albany Rail- 
road Comj)any charges upon its own traffic of the same 
character ; and give the same facilities, conveniences, and 
prompt dispatch to all freight and passengers to or from 
connecting roads, over the said Springfield and North 
Eastern Railroad, as it does to its own traffic of the same 
character. 

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

Approved April 7, 1880. 



Chap. 173 



Ax Act to incorporate the james otis savings bank. 
Be it enacted, &c., as folloivs : 

Section 1. Joseph M. Day, Freeman H. Lothrop, corporators 
Frank B. Goss, Gorham Hallet, Ansel D. Lothrop, Samuel 
Snow and Gustavus A. Hinckley, of Barnstable, Charles 
B. Hall, Charles H. Burgess, Samuel Fessenden and 
Isaiah T. Jones, of Sandwich, James E. Gifford, Silas 
Hatch and Silas F. Swift, of Falmouth, Thomas P. Howes 
of Dennis and Winthrop Sears of Yarmouth, their asso- 
ciates and successors, are hereby made a corjDoration by 
the name of the James Otis Savings Bank, to be located in 
the town and village of Barnstable ; with all the powers 
and privileges, and subject to all the duties, liabilities and ^"'''•■'' 
restrictions set forth in the general laws which now are or 
may hereafter be in force relating to institutions for sav- 
ings. 

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

Approved April 7, 1880. 



Kame. 
Powers and 



124 



1880. — Chapter 174. 



Chan. 174 -^^ ■^^'^ '^'^ incorporate the trustees of the city hospital 



Trustees of the 
City Hospital 
of tlie city of 
Boston, iucor- 
porated. 



OF THE CITY OF BOSTON. 

Be it enacted^ t&c, as follows : 

Section 1. The trustees of the City Hospital of the 
city of Boston for the time l)eing are hereby made a cor- 
poration by the name of the Trustees of the City Hospital 
of the city of Boston; and said trustees and their suc- 
cessors in office shall continue a body corporate for the 
purposes hereinafter set forth, with all the powers and 
privileges, and subject to all the duties, restrictions and 
liabilities in the general laws relating to such corpora- 
tions. 

Section 2. Said corporation shall have authority to 
take and hold real and personal estate to an amount not 
exceeding one million dollars, which may be given, granted, 
bequeathed or devised to it, and accepted by the trustees 
'0*2- ^^5""- for the benefit of the City Hospital of the city of Boston 
"* or au}^ purpose connected therewith. Money received by 

it shall be invested by the treasurer of the city of Boston 
under the direction of tlie finance committee of said city ; 
and all securities belonging to said corporation shall be 
placed in the custody of said treasurer : provided., always, 
that both the principal and income thereof shall be appro- 
priated according to the terms of the donation, devise or 
bequest, under the direction of said corporation. 

Section 3. The trustees of the City Hospital shall be 
seven in number. In the month of April in fhe year 
eighteen hundred and eighty, and annually thereafter in 
the month of Januar}'-, the city council shall elect, by con- 
current vote of the two branches, one member of the 
board of aldermen, and one member of the common coun- 
cil, to be members of said board of trustees, to hold office 
during the remainder of the municipal year in which they 
are elected and until others are elected in their places. 
And in the month of April in the year eighteen hundred 
and eighty the mayor shall appoint, subject to the confir- 
mation of the cit}- council, five citizens of Boston, not mem- 
bers of the city council, to be members of the board of 
trustees of the City Hospital, one of whom shall hold 
office for five years, one for four years, one for three years, 
and one for two j'cars and one for one year ; and upon 
such election, and such appointment and confirmation, the 
terms of office of the trustees of the City Hospital then 
holding office shall cease and determine. And annually 
thereafter in the month of April in each year the mayor 
shall appoint, subject to the confirmation of the city coun- 



May hold real 
and personal 
estate not 
exceeding 
$1,000,000. 



Money to be 
invested by the 
city treasurer. 



Proviso. 



Trustees to be 
seven in 
number. 



Appointment of 
trustees. 



1880. — Chapter 174. 



125 



cil, one citizen at large as a trustee of the City Hospital 
to serve for a term of five years from the first I^Ionday in 
May in the year in which lie sliall be appointed. The 
trustees shall at all times be subject to removal from office 
for cause, by a vote of two-thirds of each branch of the 
city council present and voting thereon. Whenever any 
vacancy shall occur in said board of trustees by death, 
resignation or otherwise, said vacancy shall be filled by 
the election or appointment, in the manner aforesaid, of 
another trustee, who shall hold office for the residue of 
the unexpired term. No member of said board of trus- 
tees shall receive any pecuniary compensation for his ser- 
vices. 

Section 4. The members of said board shall meet for 
organization annually on the first Monday of May and 
choose one of their number as president. They shall have 
power to make such rules and regulations relating to said 
City Hospital, and its officers and servants, and to fix and 
enforce penalties for the violation of such rules and regu- 
lations, as they may deem expedient : provided^ that the 
same shall not be inconsistent with the provisions of this 
act, and shall be subject at all times to such limitations, re- 
strictions and amendments as the city council may direct. 

Section 5. The said trustees shall, subject to the di- 
rection of the city council, by ordinance or otherwise, 
have the general care and control of the City Hospital 
and of all branches thereof, which have been or which 
may hereafter be established, together with the buildings 
and rooms containing the. same, and the fixtures and furni- 
ture connected therewith, and also of the expenditures of 
the money approj^riated therefor. 

Section 6. The said board of trustees may appoint a 
superintendent with such assistants and subordinate offi- 
cers as they may think necessary or expedient, and may 
remove the same, and fix their compensation : provided, 
that the amount thus paid shall not exceed the sum appro- 
priated by the city council for that item of expense, and 
the income of any moneys which may lawfully be appro- 
priated for the same purpose from funds or property held 
by said trustees under the provisions of this act. 

Section 7. The city council shall have power to pass 
such ordinances, not inconsistent herewith or repugnant 
to other laws of the Commonwealth, as to the duties and 
authority of said board as they may from time to time 
deem expedient. 

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

Approved April 7, 1S80. 



Subject to 
removal from 
office for cause. 



Organization of 
board. 



Proviso. 



Trustees to 
have general 
care and con- 
trol of hospital. 



May appoint 
superintendent 
and assistants 
and fix their 
compensation. 
Proviso. 



City may regu- 
late by ordi- 
nance tlie duties 
and authority 
of the board. 



126 



1880. — Chapters 175, 176. 



Conditions to be 
printed sep- 
arately and at 
bead of policy. 



HassachusettR 
standard policy. 



Chap. 175 An Act in addition to an act to establish a standard 

FORM FOR INSURANCE POLICIES. 

Be it enacted^ &c., as follows : 

Section 1. No fire insurance company authorized to 
issue policies in tins Commonwealth shall issue any policy 
containing any condition or conditions that the company 
shall not be liable beyond the whole or any fractional por- 
tion of the actual value of the property insured, at the 
time of the loss or damage, unless said condition or condi- 
tions are separately printed in long primer type, Roman or 
old style face, at the head of tlie policy, and also in the 
same type in the body of the policy ; and no such com- 
pany, excepting mutual companies, except as provided in 
section two of this act, shall issue any policy in which the 
printed parts, exclusive of the description of the property 
insured, vary from the Massachusetts standard policy, set 
forth in the acts of the year eighteen hundred and seven- 
ty-three, chapter three hundred and thirty-one, excepting 
that every such company may issue policies in which any 
of the provisions of the said policy are printed and erased ; 
and excepting also, that every such company may insert 
any provisions varying from the provisions of the said 
standard policy, provided such provisions are printed upon 
separate slips, or riders, in type of size not smaller than 
long j)rimer, and are accepted by the insured, and that 
every such slip or rider is signed by him as well as by an 
agent or officer of such company duly authorized tliereto. 

Section 2. The provisions of the preceding section 
shall not prevent any company authorized to insure against 
damage by lightning from adding in the clause in said 
standard policy enumerating the perils insured against, the 
words " also any damage by lightning whether fire ensues 
or not," and also from adding in the clause of said policy 
providing for an apportionment of loss in case of other 
insurance, the words '' whether by fire, lightning or both." 

Section 3. This act shall take effect upon the first day 
of January in the year eighteen hundred and eighty-one. 

Approved April 7, 1880. 



Insurance 
againi^t damage 
by lightning. 



To take effect 
Jan. 1, 1881. 



Chap. 1 76 An Act to amend chapter fifty-seven of the acts of the 

YEAR eighteen HUNDRED AND SIXTY-TWO, RELATING TO PUB- 
LIC SCHOOLS. 

Be it enacted. <£'c., as folloios : 
The Bible to be Tlic first sectiou of chapter fifty-seven of the acts of 
the public'" eighteen hundred sixty-two is hereby amended so as to read 
schools. as follows: — The school committee shall require the daily 



1880. — Chapters 177, 178, 179. 127 

reading of some portion of the Bible without written note or 
oral comment in the public schools ; but they shall require 
no scholar to read from any particular version, or to take 
any personal part in the reading whose parent or guai'clian 
shall inform the teacher in writing that he has conscien- 
tious scruples against it ; nor shall they ever direct any 
school books calculated to favor the tenets of any particu- 
lar sect of Christians to be purchased or used in any of the 
public schools. Approved April 7, 1880. 

An Act in relation to investments which may be made by Chap. Ill 

SAVINGS banks AND INSTITUTIONS FOIi SAVINGS. 

Be it enacted^ tfcc, as follows : 

Section 1. In addition to the investments authorized May invest in 
by section nine of chapter two luindred and three of the of anyTown'or 
acts of the vear eig-hteen hundred seventy-six, savings ^^""'^^"V*'. 
banks and institutions tor savings may invest m the bonds states. 
or notes of any of the counties or towns of the states of 
Maine, New Hampshire, Vermont, Rhode Island and Con- 
necticut, whose indebtedness does not exceed three per 
cent, of their valuation. 

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

Approved April 7, 1880. 

An Act to amend chapter three hundred and five op the Chan. 1 78 

ACTS ,OF THE YEAR EIGHTEEN HUNDRED AND SEVENTY-NINE, 
establishing a DISTRICT POLICE FORCE. 

Be it enacted^ &c.^ as follows : 

Section 1. Chapter three hundred and five of the acts District pouce. 
of the year eighteen hundred and seventy-nine is hereby 
amended by adding at the end of section twelve the follow- 
ing words, "and in any district where an officer of the inspector of 
district police is appointed to act as inspector of factories pubuu'buiid^ 
and public buildings, the governor may appoint an addi- '"ss- 
tional officer of said district police : provided., however., that Proviso, 
the whole district police force shall not exceed sixteen 
men." 

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

Approved April 7, 1880. 

An Act to incorporate the amherst water company. Chap. 179 
Be it enacted., <fcc., as folloivs : 

Section 1. W. S. Clark, D. W. Palmer, L. D. Hills, corporators. 
W. S. Tyler, P E. Irish, H. F. Hills, S. C. Carter, E. F. 



128 



1880. — Chapter 179. 



Name and 
purpose. 



Powers and 
duties. 



May convey 
into the town of 
Amherst the 
water of 
Amethyst 
Brook of 
Pelbam. 



May lay water 
pipe* through 
private lauds. 



May dig up 
roads under 
direction of 
selectmen. 



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



Cook, J. H. Seelye and W. A. Dickinson, their associates 
and successors, are hereb}^ made a corporation hy the name 
of the Amherst Water Company, for the purpose of fur- 
nishing the inhabitants of Amherst with pure water for the 
extinguishment of fires, domestic and other purposes, with 
all the powers and privileges, and subject to all the duties, 
restrictions and liabilities set forth in all general laws 
which now are or hereafter may be in force applicable to 
such corporations. 

Section 2. Said corporation may take, hold and convey 
into and through the town of Amherst or any part thereof, 
the water of what is known as the Amethyst Brook, 
formerly Valley, situated in the town of Pelham ; and may 
take and hold by purchase or otherwise any real estate 
necessary for the preservation and purity of the same, or 
for forming any dams or reservoirs, and for laying and 
maintaining aqueducts and pipes for distributing the 
waters so taken and held ; and may lay its water pipes 
through any private lands, with the right to enter upon 
the same, and dig therein for the purpose of making all 
necessary repairs ; and for the purposes aforesaid may 
carry its pipes under or over any water course, street, rail- 
road, highway or other way, in such manner as not to 
obstruct the same ; and may, under the direction of the 
board of selectmen, enter upon and dig up any road or 
other way for the purpose of laying or repairing its aque- 
ducts, pijies or other works ; and in general may do any 
other acts and things convenient or proper for carrying 
out the purposes of this act. 

Section 3. Said corporation shall, within sixty days 
after the taking of any land under the provisions of this 
act, file in the registry of deeds of the connty of Hampshire 
a description of au}^ land so taken, sufficiently accurate for 
identification, and state the purposes for which it is so 
taken ; and the title of land so taken shall vest in said 
corporation. Any f)erson injured in any way by any acts 
of said corporation, and failing to agree with said corpora- 
tion 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 commissioners for the assessment of 
damages for the taking of water rights until the water is 
actually taken or diverted by said corporation, nor after 
three years from the time the water is actually so taken or 
diverted ; and no suit for injury done under this act shall 
be brought after two years from the alleged date of the 
injury. 



1880. — Chapter 179. 



129 



Section 4. Said corporation may distribute the water 
tliroug-h said Amherst, may establish and fix from time to 
time the rates for the nse of said water and collect the 
same ; and may make such contracts with the town of 
Amherst, or any fire district that may hereafter be estab- 
lished, or with individuals, to supply water for fire or for 
other purposes, as may be agreed upon by said town, or 
such fire district, or individuals and said corporation. It 
may also distribute water through that part of Pelham 
known as West Pelham, and shall have the same rights 
and powers in and for that locality tliat are granted it by 
the other sections of this act in and for the said town of 
Amherst. 

Section 5. Said corporation for the purposes set forth 
in this act may hold real and personal property not exceed- 
ing twenty thousand dollars in value ; and the whole capital 
stock shall not exceed seventy-five thousand dollars to be 
divided into shares of one hundred dollars each ; and said 
corporation may at any time issue bonds to an amount 
equal to the capital stock actually paid in. 

Section 6. If any person shall use any of said water 
taken under this act, without the consent of said corpora- 
tion, or shall wantonly or maliciously divert the water or 
any j^art thereof so taken, or corrupt the same, or render 
it impure, or destroy or injure any dam, aqueduct, pipe, 
conduit, hydrant, machinery or other works or property 
held, owned or used by said corporation under the authority 
of and for the purposes of this act, he shall forfeit and pay 
to said corporation three times the amount assessed there- 
for, to be recovered in an action of tort ; and on conviction 
of either of the wanton or malicious acts aforesaid may be 
punished by a fine not exceeding three hundred dollars or 
by imprisonment in jail not exceeding one year. 

Section 7. The town of Amherst shall have the right 
at any time within tliree years after the charter hereby 
granted takes effect, to purchase the corporate property 
and all the rights and privileges of said company at the 
actual cost of the same, together with interest at a rate 
not exceeding seven per cent, 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 
Amherst ; and the said corporation is authorized to make 
a sale of the same ; and this authority to purchase said 

17 



May establish 
water rates and 
collect the same. 



May distribute 
water through 
West Pelham. 



Real and per- 
sonal jiroperty 
not to exceed 
$20,0U0. 

Capital stock 
and shares. 



Penalty for 
diverting water 
or rendering it 
impure. 



Town of 
Amherst may 
purchase fran- 
chise and prop- 
erty. 



130 



1880. — Chapters 180, 181, 182. 



franchise and property is granted on condition that the same 
is assented to by said town by a two-thirds vote of the 
Subject to a vote votcrs present and voting thereon, at any annual meeting 
of the town. ^^ ^^ ^ legal meeting called for that purpose; and the 
/question of such purchase shall not be presented to said 
town more than twice in any one year. 

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

Approved April 7, 1880. 

Chap. 180 An Act relath^e to persons holding office in violation of 

THE CONSTITUTION AND THE LAW. 

Be it enacted, &c., as follows: 

Section 1. Any person wilfully accepting or holding 
office in violation of article two of chapter six of the con- 
stitution, or accepting or wilfully holding any office in vio- 
lation of section thirty-six of chapter fifteen of the General 
Statutes, shall forfeit and pay into the treasury of the Com- 
monwealth any and all compensation received by him from 
an}^ and all offices during the time in which he has held 
an}'- office in violation of law ; and upon failure or neglect 
to comply with the provisions of this act the attorney- 
general shall promptly take steps to recover the same in 
an action of law upon a written complaint within one year, 
from any citizen of the Commonwealth. 

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

Approved April 7, 1880. 



Penalty for 
holding office in 
violation of the 
conBtitution 
and the law. 



Chap.\^\ An Act to amend an "act relating to the inspection of 

FACTORIES AND PUBLIC BUILDINGS." 



Inspection of 
buildings. 
1877, 214, § 7. 



Be it enacted, <fcc., as follows: 

Section seven of chapter two hundred and fourteen of 
the acts of the year eighteen hundred and seventy-seven 
is hereby amended by inserting the words " and mercan- 
tile," after the word " manufacturing," in the fourth line 
of said section. Approved April 9, 1880. 

Chap. 182 An Act in addition to an act making appropriations for 
expenses authorized the present year, and for other 
purposes. 
Be it enacted, &c., as follows: 

Appropriations. 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 in certain acts and 
resolves of the present year, and for other purposes, to 
wit: — 



1880. — Chapter 182. 



131 



In the resolve, chapter thirteen, in favor of the town of 
Warren, the sum of fifty-five dollars and thirty-five cents. 

In the resolve, chapter fourteen, in favor of John Don- 
nelly, the sum of thirty-six dollars, payable on the first day 
of April, eig)iteen hundred and eighty. 

In the resolve, chapter fifteen, in favor of the state 
normal school at Framingham, the sum of two hundred 
and forty-six dollars, to be paid out of the moiety of the 
school fund devoted to general educational purposes. 

In the resolve, chapter sixteen, in favor of the disabled 
soldiers' employment bureau, the sum of three thousand 
dollars. 

In the resolve, chapter eight, entitled " Resolve to 
amend chapter fifteen of the resolves of the year eighteen 
hundred and seventy-five, authorizing the publication of a 
list of Massachusetts officers, sailors and marines, who 
served in the navy in the late civil war," a sum not exceed- 
ing one thousand dollars. 

In the resolve, chapter eighteen, in favor of the state 
almshouse at Tewksbury, eight thousand three hundred 
and seventy-five dollars. 

For incidental and contingent expenses of the sergeant- 
at-arms, a sum not exceeding three hundred dollars. 

In the resolve, chapter nineteen, in favor of the state 
prison at Concord, the sum of ten thousand dollars. 

In the resolve, chapter twenty, in favor of the Massa- 
chusetts charitable eye and ear infirmary, the sum of nine 
thousand dollars. 

In the resolve, chapter twenty-two, relating to the pur- 
chase of an engine and boiler for the state prison at Con- 
cord, the sum of eight thousand dollars. 

In the resolve, chapter twenty-five, in favor of Annie 
Jackson, the sum of one hundred dollars. 

In the resolve, chapter twenty-six, in favor of Philip 
Mackey, the sum of fifty dollars. 

In the resolve, chapter thirty, in aid of the Massachu- 
setts teachers' association, the sum of three hundred dol- 
lars ; the said amount to be paid from the moiety of the 
school fund applicable to educational purposes. 

In the resolve, chapter thirty-one, in favor of the trus- 
tees of the state lunatic hospital at Danvers, the sum of 
twenty thousand dollars. 

In the resolve, chapter thirty-two, concerning the print- 
ing of laws relating to elections, a sum not exceeding three 
hundred and fifty dollars. 

In the resolve, chapter thirty-three, in favor of female 



Town of 
Warren. 

John Donnelly. 



Normal school 
at Framingham. 



Disabled 
soldiers' 
employment 
bureau. 

List of officers 
and sailors in 
the navy. 



State 
almshouse. 



Sergeant-at- 
arms. 

State prison. 



Eye and ear 
iutirmary. 



State prison. 

Annie Jackson. 
Philip Mackey. 



Massachusetts 

teachers' 

association. 



State lunatic 
hospital at 
Danvers. 



Election laws. 



Discharged 

female 

prisoners. 



132 



1880. — Chapter 183. 



Adjutant-gen- 
eral's extra 
clerks, etc. 



State and mili- 
tary aid. 



Proceeds of 
sale may be 
used for pur- 
chase of mili- 
tary supplies. 



Small items of 
expenditure. 



State reform 
Bcbool for boys. 



Reformatory 
prison for 
women. 



Commitment 
and removal of 
prisoners. 



prisoners dischai-gecl from jails and houses of correction, 
the sum of two hundred dollars. 

From the appropriation made the present year for the 
compensation of extra clerks in the office of the adjutant- 
general, there may be used the sum of two hundred dollais 
for compensation of employes at the state arsenal, the 
same to be in addition to the sum heretofore appropriated. 

For postage, printing and other expenses, made neces- 
sary in carrying out the provisions of the state and mili- 
tary aid laws, a sum not exceeding five hundred dollars. 

Any sums of raone}" 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 di- 
reclion 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 payment of salaries at the state reform school 
for boys, a sum not exceeding eleven thousand dollars, and 
for other current expenses of said institution, a sum not 
exceeding nineteen thousand dollars, the same to be in 
addition to the amount heretofore appropriated ; of the 
sum for current expenses, the sum of fifteen hundred and 
seventy-five dollars and ninety-seven cents may be used 
for the pajnnent of expenses incurred on account of the 
year eighteen hundred and seventy-nine. 

P'or expenses incurred in the removal and commitment 
of piisoners to the reformatory prison for women, a sum 
not exceeding three hundred dollars. 

In the act, chapter one hundred and twenty, " in rela- 
tion to commitments to the state prison and reformatory 
prison for women, and removals of prisoners," in order to 
carry out the provisions of section five of said act only, a 
sum not exceeding three hundred dollars. 

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

Approved April 5, 1880. 



Chap. 183 



Trial and 
sentence of 
juvenile 
offenders. 



An Act concerning the trial of juvenile offenders. 
Be it enacted^ t&c, as follows: 

Section 1. Judges of district, police and municipal 
courts, and trial justices, shall have jurisdiction of felonies, 
punishable by imprisonment other than imprisonment for 



1880. — Chapters 18-4, 185. 



133 



life, committed by juvenile offenders under seventeen 
years of age, and upon conviction may sentence such 
offenders to any punishment provided by law for the 
offence other than imprisonment in the state prison or to 
any institution established by authority of the laws of the 
Commonwealth for the reformation of juvenile offenders, 
in like manner and subject to the same provisions of law 
as now apply to juveniles committed to such institutions, 
or said judges or justices may order the offenders to rec- 
ognize with sureties for their appearance before the supe- 
rior court in due course of law. 

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

Approved April 5, 1880. 

An Act in addition to an act to provide for the acquisi- Chap. 184 

TION OF title BT THE UNITED STATES TO LANDS FOR LIGHT- 
HOUSE PURPOSES AND TO CEDE JURISDICTION THEREOF. 

Be it enacted^ &c. , as follows : 

Section 1. The board of harbor and land commission- 
ers, with the approval of the governor and council, are 
hereby authorized in the name and behalf of the Common- 
wealth to convey to the United States the title to any tracts 
of land covered by navigable waters within the Common- 
wealth, necessary for the purpose of erecting light-houses, 
beacon lights, range lights or other aids to navigation, and 
light keepers' dwellings, upon the application of any 
authorized agent or agents of the United States: provided, 
that said title shall revert to and revest in the Common- 
wealth whenever the said premises shall cease to be used 
for the purposes herein before described. 

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

Approved April 9, 1880. 



Title to lands 
covered by 
navigable 
waters may be 
conveyed to the 
United States 
for light-house 
purposes. 



An Act to protect the purity of the ponds of the common- 
wealth. 

Be it enacted^ &c., as follows: 

Section 1. Whoever shall drive any horse on the ice 
on any pond, the water of which is used for the purpose 
of domestic water supply for cities or towns, shall be 
deemed guilty of a misdemeanor, and upon conviction 
thereof shall be punished b}^ a fine not exceeding fifty dol- 
lars or by imprisonment not exceeding thirty days. 

Section 2. The provisions of the preceding section 
shall not apply to persons engaged in cutting or harvesting 
ice from such ponds, or in hauling or teaming logs, wood 
or lumber. Apjiroved April 9, 1880. 



Chap. 185 



Penalty for 
driving horse 
on the ice of a 
pond used for 
domestic water 
supply. 



Not to apply to 
persons cutting 
ice, etc. 



134 



1880. — Chapter 186. 



Decree of 
removal of 
executor, etc., 
to have efl'ect 
notwithstanding 
an appeal. 



Probate court 
may appoint a 
Buccessor to 
person 
removed. 
Proviso. 



Chap. 186 An Act relating to the removal of executors, adminis- 
trators, GUARDIANS AND TRUSTEES. 

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

Section 1. A decree of the probate court removing 
an executor, administrator, guardian or trustee, for any 
cause provided by law, shall have effect, notwithstanding 
an appeal from such decree, until otherwise ordered by the 
supreme judicial court. 

Section 2. The probate court may appoint a successor 
in the trust to the person removed, and such successor 
shall proceed in the performance of his duties in like man- 
ner as if no appeal had been taken : provided, however., if 
the decree of removal is reversed by the supreme judicial 
court, the powers of such successor shall thereupon cease, 
and he shall forthwith deliver to his predecessor in the 
trust, or to such person as the court shall order, all goods, 
chattels, moneys and effects of the estate in his hands. 

Section 3. Upon the appointment of a successor, as 
mentioned in section two, the person removed shall deliver 
to such successor all goods, chattels, moneys and effects in 
his hands belonging to the estate held by him ; and upon 
his neglect or refusal to deliver the same, the probate court 
may, upon application of such successor or any party bene- 
ficially interested in the estate, require such delivery. 

Section 4. The several probate courts shall have like 
power and authority for enforcing all orders and decrees 
made under this act, and for punishing any contempt 
thereof, as are vested in the supreme judicial court sitting 
in equity for such purposes, in relation to any suit or mat- 
ter in that court ; and any decree of the probate court 
made in pursuance of the provisions of this act shall have 
effect, notwithstanding an appeal therefrom, until other- 
wise determined by the appellate court. 

Section 5. The supreme judicial court for any coun- 
ty, or any justice thereof, in term time or vacation, after 
an appeal has been claimed from any order or decree made 
under this act and before the same has been finally deter- 
mined, may suspend or modify such order or decree during 
the pendency of such appeal. 

Section 6. All acts or parts of acts inconsistent with 
any of the provisions of this act are hereby rej^ealed. 

Section 7. This act shall take effect upon its passage. 

Approved April 9, 1880, 



Person 
removed to 
deliver to suc- 
cessor all goods 
and effects in 
his bands. 



Probate courts 
may enforce 
orders and 
decrees and 
punish con- 
tempt thereof. 



Supreme judi- 
cial court may 
suspend or 
modify order, 
etc., during 
pendency of 
appeal. 



Repeal. 



1880. — Chapters 187, 188. 



135 



Declaration of 
orcler for laying 
out striiut, etc., 
to be filed la 
registry of 
deeds, if assess- 
ments are to be 
made for 
betterments.etc. 



To state action 
of board and 
intention to 
assess upon 
estates 
benefited. 



An Act relating to special assessments on real estate of Chap. 187 

A PORTION OF THE COST OP PUBLIC IMPROVEMENTS. 

Be it enacted^ &c., as follows : 

Section 1. Whenever in an-y city of this Common- 
wealth any board of public officers having authority so to 
do shall pass any order to lay out, alter, widen, grade or 
discontinue any street, to establish, grade and construct 
any sidewalk, or complete any partially constructed side- 
walk in any street, or to lay, make and maintain or repair 
any main drain or common sewer, or to make any other 
public improvement for a portion of the expense of which 
assessments are or may be authorized to be made upon 
real estate, the clerk of such board shall within ten days 
thereafter file a declaration thereof in the registry of 
deeds of the county or district wherein such city is situ- 
ated. 

Section 2. Such declaration shall state in general 
terms the action of the board, and its intention to assess 
upon the estates benefited thereby a proportional part of 
the expense or charge of the work done in pursuance of 
such order, and shall specify the streets or parts of streets 
upon which are situated the parcels of real estate so to be 
assessed. The register of deeds shall cause every such 
declaration so filed in the registry to be forthwith entered 
in a book kept for the purpose, classified according to the 
names of the streets specified therein. 

Section 3. No assessment of a proportional part of 
the expense or charge of the work done in pursuance of 
an}^ such order shall be laid upon or in respect of any par- 
cels of real estate except such as abut upon streets speci- 
fied in such declaration ; and no such assessment shall con- 
stitute a lien upon the real estate assessed unless a 
declaration shall have been filed as required by this act. 

Section 4. The term " street," for the purposes of 
this act, shall be construed to include highways, townways, 
footways, private ways, courts, lanes, allej^s and passage- 
ways. 

Section 5. This act shall not take effect in any city 
until it has deen duly accepted by vote of its city council. 

Ai^proved April 9, 1880. 

An Act exempting religious societies from obtaining Chap. 188 

LICENSE for public ENTERTAINMENTS. 

Be it enacted^ <fcc., as follows: 

Section 1. All religious societies shall be exempt from Religious soci- 
obtaining a license required by the laws of this Common- required to 



Assessments to 
be made only 
upon such real 
estate as abuts 
upon streets 
specified. 



"Street" 
defined. 



To take effect 
upon accept- 
ance. 



136 



1880. — Chapters 189, 190, 191. 



Additional 
trustees may 
be chosen. 



Election of 
town officers 
ratified. 



obtain licenee Wealth for public entertainments, provided said entertain- 
ente?tainment8. meiits are for a religious or cliari table purpose. 

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

Approved April 9, 1880. 

Chap. 189 An Act to authorize the choice of additional trustees 

OF SAVINGS BANKS AND INSTITUTIONS FOR SAVINGS. 

Be it enacted^ tfcc, as foUoivs : 

The corporators of any savings bank or institution for 
savings may choose additional trustees of such bank or 
institution at a special meeting to be held within sixty 
days after the passage of this act. 

Approved April 9, 1880. 

Chap. 190 An Act to ratify the election op town officers in shel- 

burne. 

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

Section 1. The election of town officers in the town 
of Shelburne made at the annual town meeting held in 
that town on the first day of March in the current year, so 
far as the said election may be illegal for the reason that 
the check list was not used in said election, is ratified and 
confirmed, and the same shall be taken and deemed to be 
good and valid in law to all intents and purposes whatso- 
ever. 

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

Approved April 9, 1880. 

Chap. \91 An Act to supply the town of Marlborough with pure 

WATER. 

Be it enacted, cfcc, as folloivs : 

Section 1. The town of Marlborough is hereby au- 
thorized to supply itself and its inhabitants with pure 
water to extinguish fires, generate steam, and for domestic 
and other uses ; to estabHsh fountains and h3'drants ; to 
regulate their use and relocate or discontinue the same ; 
and to fix and collect rents for the use of said water. 

Section 2. Said town for the purposes aforesaid may 
take and hold the waters of Gates Pond in the town of 
Marlborough, or the waters of White Pond in the towns 
of Hudson and Stow, or the waters of either of said ponds 
or of both and the waters flowing into said ponds or either 
of them and of the effluents from the same and all water 
rights connected therewith ; and may convey said waters 
of White Pond and the waters flowing into the same, and 



Water supply 
for town of 
Marlborough. 



May take waters 
of Gates and 
White Ponds. 



1880. — Chapter 191. 



137 



of the effluents from said White Pond or any part thereof, 
tlirough the town of Hudson and into the town of Marl- 
borough ; and may convey said waters of Gates Pond or 
said waters of White Pond, or the waters of either of said 
ponds or of both, and the waters flowing into said ponds 
or either of them and of the effluents from the same, or 
any part thereof, to any and all parts of the town of 
Marlborough ; and may also take and hold by purcliase or 
otherwise all necessary lands for I'aising, diverting, flowing 
and holding said waters and securing and preserving the 
purity of the same not exceeding five rods in width around 
the margin of said Gates Pond and White Pond, and all 
necessary lands for conveying said waters of White Pond 
through the town of Hudson and into the town of Marl- 
borough, and for conveying the waters of said ponds or of 
either of them to any and all parts of said town of Marl- 
borough ; and such other lands in said town of Marlbor- 
ough as may be necessary to construct and maintain one 
or more storing and distributing reservoirs ; and may erect 
on said lands proper dams, buildings, fixtures and other 
structures, and make thereon excavations and embank- 
ments, and procure and run machinery therefor, with such 
other means and appliances as may be necessary for com- 
plete and effective water works ; and for such purposes 
may construct and lay down conduits, pipes and drains in, 
under or over any lands, water courses, roads or railroads, 
and along any street, highway, alley or other way, in such 
manner as not to unnecessarily obstruct the same, and for 
the purposes of constructing, laying down, maintaining 
and repairing such conduits, pipes and drains, and for all 
other purposes of this act, may dig up, raise and embank 
any such lands, street, highway, alley or other way in such 
manner as to cause the least hindrance to travel thereon: 
providech that within ninety days after the time of taking 
any lands, water, water sources or water rights as afore- 
said, otherwise than by purchase, said town of Marlborough 
shall file in the registry of deeds for the county of Mid- 
dlesex in the district in which the same is situated, descrip- 
tions of said lands, water, water sources and water rights, 
sufficiently accurate for identification, with a statement of 
the purpose for which the same is taken, signed by the 
selectmen of said town. 

Section 3. The said town of Marlborough shall be 
liable to pay all damages sustained by any person or per- 
sons in their property by the taking of any lands, water, 
water sources, water rights or easements, or by the con- 
is 



May convey 
waters into 
town of Marl- 
borough. 



May construct 
reservoirs. 



May lay down 
conduits. 



To file in 
registry of 
deeds within 
sixty days, a 
description of 
the land taken. 



Liability for 
damages. 



138 



1880. — Chapter 191. 



May be deter- 
mined by a jury. 



*' Marlborough 
Water Loan " 
not to exceed 
$125,000. 



Sinking fund. 



struction of any dams, aqueducts, reservoirs, water ways 
or other works for the purposes of tliis act. If any per- 
son or persons sustaining damages as aforesaid cannot 
agree with the town upon the amount of the damages to 
be paid therefor, such person or persons may have said 
damages assessed by the county commissioners for the 
county of Middlesex by making an application in writing 
therefor to said commissioners, within three years from the 
taking of such lands, water, water sources, water rights 
or easements, or the construction of dams, reservoirs or 
other works occasioning injury or damage as aforesaid but 
not thereafter; and if either party be aggrieved by the 
doings of said county commissioners in the estimation of 
said damages, he or they may have said damages deter- 
mined 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. 

Section 4. For the purpose of paying all necessary 
expenses and liabilities incurred under the provisions of 
this act, said town shall have authority to issue notes, 
bonds or scrip from time to time, signed by the treasurer 
and countersigned by the chairman of the selectmen, to 
be denominated on the face thereof, " Marlborough Water 
Loan,'" to an amount not exceeding one hundred and 
twenty-five thousand dollars, payable at periods not ex- 
ceeding thirty years from the date thereof, with interest 
payable semi-annually at a rate not exceeding six per cent, 
per annum ; and said town may sell said securities at 
public or private sale, or pledge the same for money bor- 
rowed for the purposes of this act upon such terms and 
conditions as it may deem proper ; and said town shall 
annually raise by taxation an amount sufficient, together 
with the net income and receipts from rents for the use of 
said water, to pay the interest on said loans as it accrues, 
and shall also, within two years after the introduction of 
the water into said town of Marlborough, establish a sink- 
ing fund and contribute thereto from year to year an 
amount raised annually by taxation, which together with 
the net surplus income and receipts after deducting all 
interest, expenses and charges of distribution, if any re- 
mains, sufficient with the accumulations of such amounts 
to extinguish said loan at maturity ; and said sinking fund 
shall be applied to the payment of the principal of said 
loan until the same is fully discharged and paid, and for 



1880. — Chapter 191. 



139 



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, and render an ac- 
count of all their doings in relation thereto 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 pro])erty, held, owned or used 
by said town under authority of and for the purposes of 
this act, shall forfeit and pay to the said town three times 
the amount of damage assessed therefor, to be recovered 
in an action of tort; and on conviction of either of the 
acts aforesaid may be punished by a line of not less than 
tAventy nor more than three hundred dollars, or by impris- 
onment 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, or at any legal meeting called 
for this purpose, five persons shall be elected by ballot to 
contract for and superintend the construction and comple- 
tion of the water works, who shall exercise all rights, 
powers and privileges for that purpose herein granted, 
subject however to instructions and directions of the town. 
At said meeting or at any legal meeting called for this 
purpose, there shall also be elected by ballot three persons, 
who shall constitute a board of water commissioners ; one 
of said three persons shall be elected for a term ending 
on the day of the next annual town meeting thereafter, in 
April; one for a term one year longer than the first; and 
one for a term two je-Ais longer than the first ; after which 
first election one member of said board as the term of each 
incumbent expires, shall be elected at the annual town 
meeting to serve for the term of three years. Said board 
of commissioners shall have charge of the water works 
when completed, and may fix the price or rent for the use 
of water, and may exercise all the rights, powers and 
authority granted to said town by this act relative to such 
duties, subject however to such instructions, rules and 
regulations as said town may impose by its vote, and a 
majority of said board of commissioners shall constitute a 
quorum for the transaction of business relative both to 
the water works and as trusteees of the sinking fund. 
Any vacancy occurring in said board of commissioners 
from any cause may be filled by said town at an}' legal 
town meetiiig, for the unexpired term. 



Trustees of 
fund. 



Penalty for 
polluting or 
diverting water. 



Five persons to 
be elected to 
contract for 
and superintend 
■works. 



Board of water 
coinmissioners 
to be elected. 



140 



1880. — Chapters 192, 193. 



Subject to Section 7. This act shall take effect upon its passage ; 

thevot'ers! ^ but DO expenditure shall be made or liability incurred 
under the same, except for preliminary surveys and esti- 
mates, unless this act shall first be accepted by a vote of 
two-thirds of the legal voters of said town present and 
voting thereon at a legal meeting called for that purpose 
within three years from the passage of this act ; the num- 
ber of said meetings called for that purpose in any one 
year not to exceed two. Approved April 12, 1880. 

Chap. 192 An Act to authorize the town of stoneham to pay a cer- 
tain BOUNTY TO henry W. GREEN FOR SERVICE IN THE LATE 
WAR AS PART OP THE QUOTA OF SAID TOWN. 

Be it enacted, &c., as folloios: 

May pay a SECTION 1. The town of Stoucham is hereby author- 

io'uenry\°"."'^ ^^^^ ^^ raisc moncy and pay to Henry W. Green the sum 

Green. of oiic hundred dollars as a bounty for service in tlie late 

war as a part of the quota of said town, provided, that the 

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. 

Approved April 13, 1880. 

Chap. 193 An Act concerning the preparation, printing and distri- 
bution OF PUBLIC documents. 

Be it enacted, &c.. as folloios : 

Section 1. There shall be printed annuall}^ on or 
before the assembling of the legislature or as soon there- 
after as possible, the number of copies of documents and 
reports specified in the following list, the same to be num- 
bered in a series to be called public documents, and dis- 
tributed as herein provided ; and said reports and docu- 
ments shall be made as brief as may be without omitting 
any facts or information which the officer or department 
making the report is required by law to furnish therein ; 
and no larger number than is herein provided for shall be 
printed at the expense of the Commonwealth, nor be paid 
for out of any contingent fund, nor the earnings of any 
department or institution, the earnings of which are the 
propert}' of the Commonwealth ; and no bill for printing 
any larger number shall be approved by the auditor, nor be 
paid out of an}' funds belonging to the Commonwealth: — 

Registration. Registration of births, marriages and deaths, three thou- 

sand copies. 

Education. Rcpoit of Secretary of board of education, four thou- 

sand copies. 



Public reports 
and documents. 



1880. — Chapter 193. Ul 

Report of librarian of state librarj^ one thousand two state library, 
hundred copies. 

Report of secretary of board of agriculture, six thou- Agriculture. 
sand four hundred copies. 

Report of treasurer and receiver-general, one thousand Treasurer, 
copies. 

Report of auditor of accounts, one thousand two hun- Auditor. 
dred copies, 

Report of adjutant-general, one thousand seven hundred Adjutant- 
and fifty copies. g^°'=''=*'- 

Report of savings bank commissioners, one thousand Savings banks, 
four hundred and lifty copies. 

Report of insurance commissioner, on fire insurance, two Fire insurance, 
thousand two hundred copies. 

Report of insurance commissioner, on life insurance, one Life insurance, 
thousand five hundred copies. 

Abstract of returns of corporations, two thousand copies, corporations. 

Report of harbor and land commissioners, one thousand Harbor and 
five hundred copies ; five hundred to be placed at the dis- itonersr""'*" 
posal of the commissioners. 

Report of attorney-general, one thousand five hundred Attorney, 
copies. ^'^'''^'-^i- 

Report of board of commissioners of prisons, one thou- Prisons, 
sand five hundred copies. There shall be printed in addi- 
tion to the foregoing, three hundred copies of that portion 
of the report referring to the reformatoi;}' prison for women, 
for the use of the superintendent ; five hundred copies of 
that portion referring to the state prison, for the use of 
the warden ; and two hundred copies of that portion re- 
ferring to the agent for aiding discharged convicts, for the 
use of said agent. 

Report of railroad commissioners and returns of railroad Railroads, 
corporations, one thousand five hundred cojnes. 

Report of railroad commissioners (without returns), one Kaiiroad 
thousand seven hundred and fifty copies. 

Report of bureau of statistics on the subject of labor, Labor, 
three thousand copies. 

Rej)ort of the tax commissioner, one thousand seven Tax. 
hundred copies. 

Report of state board of health, lunacy and charit}^, one Heaitb, lunacy 
thousand nine hundred copies. and chanty. 

Supplementary report of the health department of the 
board of health, lunacy and charity, three thousand six 
hundred copies. 

Report of the trustees of the state primary and reform rrimary and re- 
schools, one thousand four hundred copies. °™ 



com- 
missioners. 



142 



Polls, property, 
etc. 



Lunatic 
hospitals. 



State work- 
house. 



Inland fisheries. 



State alms- 
house. 

Blind asylum. 



Idiotic youth. 



500 copies to be 
bound in seta. 



Distribution. 



Manual. 



List of members 
and committees. 



Blue Book. 

Pamphlet edi- 
tion hereafter to 
contain all the 
law8 and re- 
solves. 



1880. — Chapter 193. 

Aggregates of polls, property and taxes, one thousand 
five hundred copies. 

Report of trustees of lunatic hospital at Northampton, 
one thousand two hundred and fifty copies. 

Report of trustees of lunatic hospital at Taunton, one 
thousand two hundred and fifty copies. 

Report of trustees of lunatic hospital at Worcester, 
one thousand two hundred and fifty copies. 

Report of trustees of lunatic hospital at Danvers, one 
thousand two hundred and fifty copies. 

Report of trustees of state workhouse at Bridgewater, 
one thousand copies. 

Report of commissioners on inland fisheries, two thou- 
sand copies. 

Report of board of trustees of the state almshouse, one 
thousand copies. 

Report of trustees of Perkins institution and Massa- 
chusetts school for the blind, one thousand two hundred 
and fifty copies. 

Report of trustees of school for idiotic and feeble- 
minded youth, one thousand two hundred and fifty copies. 

Section 2. The state printers are authorized to retain 
five hundred copies of each of the series of public docu- 
ments named in section one of this act, for binding in sets; 
the secretary of the Commonwealth being authorized to 
furnish, as heretofore, one set to each city and town, and 
one set to such public and other libraries as he in his discre- 
tion may select. And all public documents, the distribu- 
tion of which is not otherwise provided for, shall be 
distributed under direction of the secretary of the Com- 
monwealth and the secretaries or heads of the several 
boards and departments. 

Section 8. There shall also be printed the follow- 
ing:— 

Of the manual for the General Court, to be prepared 
each year by the clerks of the two branches, two thousand 
nine Jiundred copies. 

Of the lists of members and committees of the General 
Court, to be prepared each year by the clerks of the two 
branches, one thousand five hundred copies ; three hun- 
dred and fifty of which shall be bound in memorandum- 
book form, for the use of members and officers of the 
legislature. 

Of the " Blue Book," two thousand five hundred copies. 

Of the pamphlet edition of the Laws and Resolves, 
which shall hereafter contain all the acts and resolves 
passed by the legislature, twenty thousand copies. 



' 



1880. — Chapter 193. 



143 



Of the governor's address, in addition to the eight 
hundred copies printed for the nse of the legislature, one 
thousand two hundred copies ; five hundred of which shall 
be for the personal use of the governor. 

Section 4. Each member of the executive and legisla- 
tive departments, the clerks of both branches of the legis- 
lature, and each reporter assigned a seat in either branch 
of the legislature, shall be entitled to receive one copy of 
each of the documents named in this act. 

Each member of the legislature shall also be entitled to 
receive ten additional copies of the report of the secretary 
of the board of agriculture, four additional copies of the 
supplementary report of the health department of the 
board of health, lunacy and charity, four additional copies 
of the manual and two additional copies of the " Blue 
Book." 

Three hundred copies of the manual shall be reserved 
for the succeeding General Court; and the remaining 
copies of the manual, and lists of members and commit- 
tees, shall be in charge of the clerks of the two branches, 
to be distributed at their discretion ; members of the legis- 
lature and state officers to be entitled to first considera- 
tion. 

Section 5. There shall be printed, to be sold under 
the direction of the secretary of the Commonwealth, at a 
price not less than the actual cost of the same, of the fol- 
lowing named documents : — 

Report of the secretary of the board of agriculture, one 
hundred copies. 

Report of insurance commissioner on life insurance, five 
hundred copies. 

Report of commissioners on savings banks, fiftj^ copies. 

Supplementary report of health department of the 
board of health, lunacy and charity, one thousand copies. 

Manual, one hundred copies. 

" Blue Book," one hundred copies. 

Section 6. The state printers are authorized to stereo- 
type and secure copy-right upon the following named docu- 
ments : — 

The report of the secretary of the board of agriculture, 
and the supplementary report of the health department 
of the board of health, lunacy and charity ; and to print, 
from time to time, such copies as the secretary of the 
Commonwealth may order to supply the public demand ; 
said copies to be supplied to applicants at cost. 



Governor's 
address. 



Distribution of 
documents. 



Sale edition. 
One hundred 
copies. 



Agriculture. 
Life insurance. 

Savings banks. 

Health 
department. 

Manual. 
Blue Book. 

To be stereo- 
typed. 

Agriculture. 



To be sold at 
cost. 



144 



1880. — Chapters 194, 195. 



Hours of labor 
regulated. 
1874, 221. 



Printed notice 
of hours of 
labor to be 
posted up. 



Repeal. SECTION 7. Chapter two hundred and sixty-four of the 

acts of the year one thousand eight hundred and seventy- 
eight, and all other acts or parts of acts inconsistent here- 
with are hereby repealed. 

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

Approved April 15, 1880. 

Chap. 194 An Act to amend " an act to regulate the hours of la- 
bor IN MANUFACTURING ESTABLISHMENTS." 

Be it enacted, c&c, as follotvs : 

Section 1. Chapter two hundred and twenty-one of 
the acts of the year eighteen hundred and seventy-four is 
hereb}^ amended by adding to the first section the follow- 
ing words : — " and any person, firm or corporation employ- 
ing minors under the age of eighteen years, or women in 
any manufacturing establishment, shall post a printed 
notice in a conspicuous place in every room where such 
help is employed, which notice shall state the number of 
hours work required of such persons on each day of the 
week; and the employment of any such persons for a 
longer time in any one day than the time stated in such 
notice shall be deemed a violation of this act, unless it 
shall appear that such employment on such day was in 
compensation for and to make up for time lost in conse- 
quence of the stopping of machinery upon which such 
persons were employed, or dependent upon the same for 
employment, on some previous day of the week of which 
such day formed a part." 

Section 2. Section two of the same chapter is hereby 
amended by striking out the words " not exceeding fifty 
dollars," and inserting in their place the words " not less 
than fifty nor more than one hundred dollars for each 
offence." 

Section 3. This act shall take effect on the first day 
of July in the 3'ear eighteen hundred and eighty. 

Approved April 15, 1880. 



Penalties. 
1874, 221, § 2. 



To take eflfect 
July 1, 1880. 



Chap. 195 An Act to incorporate the lynn workingmen's aid associa- 
tion. 

Be it enacted, &c., as follotvs: 

Corporators. SECTION 1. Johu M. Bcrry, William H. Gove, Charles 

R. Tandy, William C. Lamphier, Preston Parker, their 

associates and successors, are hereby made a corporation 

Name and by the name of the Lynn Workingmen's Aid Association, 

purpose. ^^^ ^^^ ^^^^ ^£ Lynn, to purchase and hold real estate in 



1880. — Chapter 195. 



145 



said cit}^ to improve the same for homes to be owned by 
working people and others, and to sell houses and lots, 
payable at cost on instalments to ])ersons who shall occupy 
the same under its rules ; with all the liabilities, duties 
and restrictions set forth in all general laws which now 
ai'e or may hereafter be in force relating to such corpora- 
tions. 

Section 2. Said corporation is authorized to receive 
from the trustees, under the grant of John M. Berry, a 
convej'ance of the real estate granted by said Berry " in 
trust to the use of the Lynn Workingmen's Aid Associa- 
tion, when the same shall be duly organized and incor- 
porated in said Lynn," and to apply the said real estate to 
the purposes aforesaid. 

Section 3. Said corporation may hold real and personal 
estate for the purpose aforesaid not exceeding fifty thou- 
sand dollars in value, and it may receive and hold in trust, 
or otherwise, funds received by gift or bequest to be by it 
devoted to such purposes. 

Section 4. Any person residing in Lynn over twenty- 
one years of age, and of good moral character, may become 
a member of said association upon making application to 
the officers of the same, and paying an admission fee not 
to exceed ten dollars. 

Section 5. No shares shall be issued in said corpora- 
tion, but each member shall have an equal vote at its 
general meetings. No member of said association shall 
directly or indirectly derive any pecuniary profit from 
said association, provided that every member shall have 
an equal opportunity at each meeting he attends to buy 
a house and lot whenever a house is constructed by the 
association, and shall have the preference for such privi- 
lege over those not members of said association. In case 
any member receives the privilege of buying a house 
and lot of said association, the amount of his admission 
fee shall be returned to him, and he shall cease to be a 
member, and cannot again become such until he has paid 
for said house and lot in full, or has given up his privilege 
and a full settlement has been made between him and the 
association. 

Section 6. No assessment shall be laid upon the mem- 
bers of said association to exceed one dollar and twenty 
cents per annum. 

Section 7. No purchase shall be made by said associa- 
tion upon credit, and all the business of said association 
shall be done for cash so far as practicable. No title shall 

19 



Duties and 
liabilitius. 



May receive 
from trustees 
under grant of 
John M. Berry, 
a conveyance of 
real estate. 



Real and per- 
sonal estate not 
exceeding 
$50,000. 



Qualifications 
for membership. 



Shares not to 
be issued. 



Each member 
to have an 
equal vote. 



Privilege of 
buying a house 
and lot. 



Assessments 
not to exceed 
$1.20 per 
annum. 

Purchases not 
to be made by 
the association 
upon credit. 



146 



1880. — Chapter 196. 



HouBe and lot 
not to exceed in 
cost eight hun- 
dred dollars. 



To be paid for 
in monthly 
instaluieuts. 



be given by said association to any real estate sold by it 
until full payment has been received for the same. 

Section 8. Said association shall not provide any house 
and lot costing over eight hundred dollars ; and no house 
and lot costing over three hundred dollars shall be sold so 
long as any member is ready to take one costing less than 
that sum, and to make the requisite payments to buy the 
same. Any person buying a house and lot worth more 
than three hundred dollars of said association shall pay ten 
per centum of its cost at the time of receiving the privilege 
of buying it. 

Section 9. All houses shall be sold by said association 
to be paid for, except as provided in the preceding section, 
in equal monthly instalments, for a term not exceeding 
five years. Any person who shall receive the privilege of 
buying a house and lot from said association, upon paying 
the first instalment due upon said house and lot, shall have 
the right to occupy the same without payment of rent or 
interest so long as he shall continue to pay the instalments 
when due. If any such person fail to pay any instalment 
when due, he shall immediately vacate the house and lot 
and surrender the same to said association ; and when any 
house and lot shall be so surrendered, the association shall 
pay the person surrendering the same an equitable com- 
pensation for what he has invested upon said house and 
lot. In case of any dispute as to the amount of such com- 
pensation, said house and lot shall be sold at auction, and 
after deducting the unpaid instalments due, expenses of 
sale, and any other expenses which said association has 
necessari]}^ incurred on account of said house and lot, the 
balance, if any, shall be paid to the person surrendering 
the said house and lot. 

Section 10. Said corporation shall make a return an- 
nually to the board of state charities of the amount of 
capital belonging to it, of the amount invested in lands 
and buildings, and of all expenses incurred in the manage- 
ment thereof, and of all receipts from payments of instal- 
ments and from other sources. 

Section 11. This act shall take effect upon its passage. 

Apjjroved April 15, 1880. 

Chap. 196 An Act concerning charitable and other beneficiary as- 
sociations, m 
Be it enacted, &c. , as follows : -^ 
Beneficiary SECTION 1. All Corporations, associations or societies 
make'retums to within this Commonwealth which issue any certificate to 



Surrender of 
house, upon 
failure to pay 
instalment. 



In case of 
dispute, house 
to be sold at 
auction. 



Returns to be 
made to the 
board of state 
charities. 



1880. — Chapter 197. 



147 



or make an}^ promise or agreement with their members 
whereby any sum of money or other benefit is to become 
due or payable contingent upon the decease of a member, 
shall make to the insurance commissioner, annually or 
oftener, such statements of their membership and financial 
transactions, with such other information relating thereto, 
as he may deem necessary to a proper exhibit of their 
business and standing. 

Section 2. The insurance commissioner shall have 
authority to verify, if deemed necessary, the statements 
required as aforesaid, by examination of the books and 
papers appertaining to the membership and financial trans- 
actions connected therewith; and whoever having charge 
or custody of such business, books or papers, shall neglect 
or refuse to comply with the provisions of this act shall 
be subject to a fine not exceeding one hundred dollars. 

Sectiox 3. Any beneficiary corporation, association or 
society organized under the laws of this Commonwealth 
shall have the right to hold at any one time, as a death 
fund belonging to the beneficiaries of anticipated deceased 
members, an amount not exceeding one assessment from 
a general or unlimited membership, or an amount not 
exceeding in the as^u'regate one assessment from each lim- 
ited class or division of such society or association : pro- 
vided, that nothing in this section shall be held to restrict 
such death fund to less than ten thousand dollars ; and 
provided, further, that such death fund while held in trust 
shall be at all times invested in bonds of the United 
States, or deposited in safe banking institutions subject to 
sight drafts for distribution to the beneficiaries aforesaid. 

Section 4. Nothing herein contained shall make the 
general laws relating to life insurance companies applica- 
ble to such corporations, associations and societies referred 
to in this act. 

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

Approved Ap>ril 15, 1880. 



the insurance 
commissiouer. 



Insurance com- 
missioner may 
examine boolis 
and papers. 



Death fund. 



Provisos. 



Laws relating to 
life insurance 
not to apply. 



Ax Act relative to better means of egress from man- Chap. 197 

DPACTURING ESTABLISHMENTS. 

Be it enacted, &c., as follows : 

Section 1. Every room in manufacturing establish- 
ments or workshops in which five or more operatives are 
employed above the second story, shall be provided with 
more than one way of egress by stairways on the inside or 
outside of the building ; and such stairways shall be lo- 



Moans of egress 
from manu- 
facturing estab- 
lislimcuts and 
workshops. 




148 



1880. — Chapter 198. 



cated as near as may be practicable at opposite ends of the 
room. In the case of a stairway on the outside of the 
buikling, such stairway shall have suitable railed landings 
at each story above the first, and shall connect with each 
story of the building by doors, or by windows opening 
outward; and said doors, windows and landings shall be 
kept at all times clear of obstructions : provided^ however^ 
that no manufacturing establishment or workshop which 
shall have been already provided with proper fire escapes, 
in accordance with the provisions of chapter two hundred 
and fourteen of the acts of the year eighteen hundred and 
sevent3''-seven, shall be required to conform to the provis- 
ions of this act, unless since such fire escapes were con- 
structed there shall have been such changes in the 
building, or in the employ{iS therein, as to make it in the 
opinion of the inspector necessary for the protection of 
human life ; and provided^ further^ that the inspector may 
accept of such other provision for escape in case of fire as 
arraay^eeem*^^ ^^7 sccm to him to bc ample for the purpose ; but noth- 
ampie. ing in this last provision shall be so construed as to permit 

the inspector to allow of the employment of women or 
children in an}- room above the second story from which 
there is only one way of egress. 

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

Approved April 15, 1880. 



Inspector may 
accept such 
provi«ion for 



Chap. 198 



No payment to 
te made from 
county treasury 
without a 
voucher. 



Treasurer may 
require a 
written state- 
ment of the law 
under which 
payment is 
authorized. 



Indorsement 
of licenses hy 
treasurer and 
clerk. 



An Act relative to payjients from county treasuries. 
Be it enacted, &c., as folloivs : 

Section 1. No payment shall be made out of the 
treasury in any county unless the bills and accounts ren- 
dered are accompanied by the vouchers now required by 
law and unless all the vouchers confirm and sustain said 
bill or account. 

Section 2. The county treasurer may require in writ- 
ing of any county officer rendering an account against the 
county for payment a written statement showing the chap- 
ter and section of the statute authorizing said pa3anent 
or of any part thereof, and if said requirement is made, 
payment of the same shall be withheld by the treasurer 
until it is complied with, and said statement when received 
shall be filed with the other vouchers ; and the county 
treasurers shall be personally liable for any sum of money 
paid by them to any such officer without authority of law. 

Section 3. All licenses issued, indorsed or counter- 
signed by the treasurer of any county shall be indorsed or 
countersigned and recorded by the clerk of courts for said 



1880. — Chapters 199, 200. 



149 



Receipts to be 
in duplicate. 
Payments to be 
made in money 
or by checls, and 
within ten days 
of allowance 
of claim. 



Not to apply to 
Sufiblk County. 

To take eiTect 
May 1, 1880. 



countj ; and all receipts for money paid to the treasurer 
of any county shall be in duplicate ; one copy shall be 
given to the party making payment and one to the county 
clerk. 

Section 4. The county treasurer shall pay money or 
transmit a bank check to every person whose claim against 
the county has been passed upon and allowed, said check 
being payable to the order of said person when there is 
DO dispute or reasonable doubt as to the party receiving 
the amount in full satisfaction of the claim passed upon, 
and said check, when legally paid and returned, shall be a 
sufficient receipt for the payment by the county treasurer, 
said pa}' ment shall be made within ten clays after the claim 
shall have been allowed. 

Section 5. This act shall not apply to the county of 
Suffolk. 

Section 6. This act shall take effect on the first day 
of May, eighteen hundred and eighty. 

Approved April 17, 1880. 

An Act to amend chapter one hundred and six of the Chap. 199 

ACTS of the tear EIGHTEEN HUNDRED AND SEVENTY-EIGHT, 
ENTITLED "AN ACT TO PREVENT DECEPTION IN SALES OP 
BUTTER." 

Be it enacted, <fcc., as follows : 

Section 1. Section one of chapter one hundred and saies of butter, 
six of the acts of the year eighteen hundred and seventy- i^'^^- 1**^- § ^■ 
eight is hereb}^ amended by inserting in the eleventh line 
thereof before the word "letters," the words "plain 
Roman." 

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

Approved April 17, 1880. 

An Act to authorize the selectmen of towns and the Chap. 200 

BOARDS of mayor AND ALDERMEN OF CITIES IN THE COMMON- 
WEALTH TO CONTROL CERTAIN FISHERIES WITHIN SAID TOWNS 
AND CITIES. 

Be it enacted, &c., as follows : 

Section 1. The selectmen of all towns and the board May regulate 
of mayor and aldermen of cities within the Commonwealth eds^and'^ueii 
shall have full power when so instructed b}" said towns ^^^• 
and cities to control and regulate the taking of eels, clams, 
quahaugs and scallops within their respective towns and 
cities, including ponds which are now or may hereafter be 
leased by the tisli commissioners under chapter three hun- 
dred and eighty-four of the acts of the year eighteen han- 



150 



1880. — Chapter 201. 



May grant per- 
mits to take fish. 



Inhabitants 
may take fish 
for family use. 



Penalties. 



Repeal. 



died and sixty-nine ; and may grant permits prescribing 
the times and methods of taking eels and the shell fish 
above named within their said towns and cities, and may 
make such other regulations in regard to said fisheries as 
they may deem wise and expedient. But the inhabitants 
of an}' city or town, without such permit, may take from 
the waters of their own or other cities and tow^ns, eels and 
the shell fish above named for their own family use ; and 
from the waters of their own towns they may take an}' of 
the shell fish above named for bait, not exceeding three 
bushels, including shells, in any one day, but subject 
nevertheless to the general rules prescribed by the select- 
men of towns and the boards of mayor and aldermen in 
cities as to the times and methods of taking said fish. 

Section 2. Whoever takes any eels or any of the 
shell fish mentioned in the preceding section without such 
permit, and in violation of this act, shall on conviction 
pay a fine of not less than three nor more than fifty dol- 
lars and costs of prosecution ; said fine and forfeiture im- 
posed under this act to be recovered by indictment or 
complaint before any trial justice or any court of compe- 
tent jurisdiction within either of said counties. 

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

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

Approved April 17, 1880. 



Chap. 201 An Act to authorize the town of south abington to estab- 
lish A PUBLIC PARK. 



Town may 
accept gift of 
land ottered by 
Augustus 
Whitman for a 
public park. 



Boundaries. 



Be it enacted, &c., as follows: 

Section 1. The town of South Abington may at any 
time within one year from the passage of this act accept 
the gift and take possession, for the purpose of a public 
park, of the lot of land situated in said South Abington 
as offered to the inhabitants of said town b}^ Augustus 
Whitman ; which said lot is bounded and described as fol- 
lows, to wit : — Beginning at a stone monument at the 
north-west corner of the lot on the south side of Essex 
Street and three hundred and sixty feet easterly from the 
corner of Essex Street and Washington Street, thence run- 
ning southerly in a straight line to the north-east corner of 
land of William R. Vining about three hundred and sixty- 
eight feet, thence southerly by lands of said Vining and 
Loring Holbrook about one hundred and forty feet, thence 
easterly by lands of Miller Cook, junior, Bela Alden and 
heirs of Samuel N. Dyer, deceased, about five hundred and 



1880. — Chapter 202. 



151 



forty-three feet, thence northerly by land of said heirs 
about one hundred and four feet, thence easterly by land 
of the said iieirs about five hundred and fifty-three feet, 
thence northerly by land of Lyman R. Blake about four 
hundred and thirtj^-four feet to Arlington Street, thence 
westerly by said street three hundred and thirty-nine feet 
to Essex Street, thence westerly by Essex Street about 
eight hundred and fifty feet to the point of beginning. 

Section 2. Said town shall within one year from the 
time it receives a deed of said land file in the office of the 
registry of deeds for the county of Plymouth a descrip- 
tion of the land so taken and a statement that the same is 
taken pursuant to the provisions of this act, which de- 
scription and statement shall be signed by the chairman 
of the committee on parks appointed by said town, and 
the title of all lands so taken shall vest in the town of 
South Abington. 

Section 3. Said town may raise, appropriate and ex- 
pend such sums of money as may be deemed best for the 
improvement of said park, subject to the laws limiting 
municipal indebtedness. 

Section 4. All the votes passed by said town at its 
last annual town meeting in relation to said park are 
hereby confirmed. 

Section 5. Said town shall forever keep open and 
maintain as a public park all lands taken under this act. 

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

Approved April 17, 1880. 



To file in the 
registry of 
deeds a descrip- 
tion of the land 
so taken. 



May raise 
money for 
improvement 
of park. 



Votes of town 
confirmed. 



To be kept a 
public park 
forever. 



An Act to incorporate the trustees of the thomas crane Chap. 202 

PUBLIC LIBRARY OF THE TOWN OF QUINCT. 

Be it enacted^ <£;c., as foUotvs : 

Section 1. The trustees of the public library of the 
town of Quincy for the time being are hereby made a cor- 
poration by the name of the trustees of the Thomas Crane 
Public Library of the town of Quincy, and said trustees 
and their successors in office shall continue a body corpo- 
rate for the purposes hereinafter set forth, with all the 
powers and privileges, and subject to all the duties, restric- 
tions and liabilities in the general laws relating to such 
corporations. 

Section 2, Said corporation shall have authority to 
take and hold real and personal estate to an amount not 
exceeding one hundred thousand dollars, wliich may be 
given, granted, conveyed, bequeathed or devised to it 
and accepted by the trustees for the benefit of the public 



Trustees of the 
Thomas Crane 
Pultlic Library, 
incorporated. 



Powers and 
dutiea. 



Real and per- 
sonal estate not 
to exceed 

$100,000. 



152 



1880. — Chapter 202. 



Trustees to be 
six in number. 



Two trustees to 
be elected. 



By-laws for 
choice of offi- 
cers, etc. 
Rules-and 
penalties. 



Proviso. 



Trustees to have 
control of 
library. 



Town may make 
appropriations. 



Librarian and 
assistants. 



Duties of board 
may be regu- 
lated by 
ordinance. 



library of said town of Quincy or for any purpose con- 
nected therewith : jjrovided, that both the principal and 
income thereof shall be appropriated according to the 
terms of the donation, devise or bequest under the direc- 
tion of said corporation. 

Section 3. The trustees of said Thomas Crane Public 
Library shall be six in number. The present trustees 
shall continue in office for the terms for which they were 
elected trustees of the public library by the inhabitants of 
said town. At the next annual town meeting the said 
inhabitants shall elect by ballot two trustees of said 
Thomas Crane Public Library who shall hold office for 
the term of three years and until their successors are 
chosen ; and thereafter annually there shall be elected 
in tlie same manner two trustees for a like period of three 
years. Whenever a vacancy shall occur in said board of 
trustees by death, resignation or otherwise, the remaining 
tiustees shall fill such vacancy by the election of a new 
member, and the trustee so chosen shall act until the next 
annual town meeting when his successor shall be elected 
for the unexpired term by the said inhabitants by ballot. 

Section 4. The meml)ers of said board shall organize 
and provide by means of by-laws for the choice of officers, 
and shall have power to make such rules and regulations 
relating to such public library and to fix and enforce penal- 
ties for the violations of such rules and regulations as they 
may deem expedient: jyrovidech that the same shall not be 
inconsistent with the provisions of this act, and shall be 
subject at all times to such limitations, restrictions and 
amendments as the inhabitants of said town may direct. 

Section 5. The said trustees shall have the general 
care and control of the public libraiy and the grounds 
upon which the same is now or may hereafter be located 
in said Quincy together with the buildings and rooms con- 
taining the same, and also of the expenditures of the 
mone3^s appropriated therefor by said town ; and said town 
is hereby authorized to make such appropriations to the 
same extent that cities and towns are authorized by law to 
make appropriations for like purposes. Said trustees may 
appoint a librarian with such assistants as they may think 
expedient and ma}^ remove the same, and fix their compen- 
sation: provided^ that the total expenditures shall not 
dkceed the amounts appropriated by the said town and 
other moneys which they ma}' be authorized to expend. 

Section 6. The inhabitants of said town shall have 
power to pass such ordinances not inconsistent herewith 



1880. — Chapter 203. 



153 



or repugnant to the other laws of the Commonwealth as 
to the duties and authority of said board as they may from 
time to time deem expedient. 

Section 7. This act shall take effect upon its passage. 

Approved April 17, 18S0. 



An Act to supply the city of Gloucester with pure water. Chap. 203 



Be it enacted, t&c as foUoivs : 

Section 1. The city of Gloucester is hereby author- 
ized to take, hold and convey into and through said city 
or any part thereof, the water? of any springs, natural 
ponds, brooks or other water sources within its own limits, 
for the use of said city and the inhabitants thereof, for the 
extinguishment of fires, creating steam, domestic and other 
purposes ; and may also take and hold, by purchase or 
otherwise, lands or estates for the construction of such 
works as may be necessary therefor ; and for laying and 
maintaining aqueducts or pipes, constructing and main- 
taining reservoirs or canals, and such other works as may 
be deemed necessary or proper for conveying, raising, 
forcing, retaining, distributing or disposing of said water. 

Section 2. The mayor of said city of Gloucester shall, 
within sixty days after taking any of the land aforesaid, 
file in the registry of deeds for the county of Essex, south- 
ern district, a description thereof sufficiently accurate for 
identification. 

Section 3. Said city for the purposes aforesaid may 
build aqueducts and maintain the same by any works 
suitable therefor ; may provide and maintain suitable 
machinery for raising the water above the source of sup- 
ply ; may erect such structures as are necessary for pre- 
serving the works ; may make and maintain suitable dams 
and reservoirs, and establish such public fountains and 
hydrants as are at any time deemed proper, and may 
change or discontinue the same ; may distribute the water 
throughout said city, regulate its use and establish the 
rates to be paid therefor. Said city may also for the pur- 
poses aforesaid carry its pipes and other works over or 
under any water course, street, railroad or highway, in 
such manner as not to obstruct the same ; and ma}' do any 
other acts and things necessary and proper in executing 
the purposes of this act. 

Section 4. Said city shall be liable to pay all damages 
sustained by any person or corporation by taking any 
land, water, water rights, or propert}^ or by the con- 



Water supply 
for city of 
Gloucester. 



Description of 
the land taken, 
to be tiled In 
the registry of 
deeds. 



May build 
aqueducts, dams 
and reservoirs. 



May establish 
water rates. 



I-iability for 
damages. 



154 



1880. —Chapter 203. 



" City of 
Gloucester 
Water Loan " 
not to exceed 
$300,000. 



Sinkin"; fund. 



Riglits to be 
exercised as 
city council 
may direct. 



Penalty for 
diverting water 
or rendering it 
impure. 



structing of any aqueduct, reservoir, or other works for 
the purposes aforesaid ; and if any person or corporation 
sustaining damages as aforesaid cannot aoree with the 
city upon the amount of said damages, he or it may have 
them assessed in the same manner as is provided by law 
with respect to land taken for highways. 

Section 5. For the purpose of defraying the ex- 
penses which may be incurred by the city of Gloucester in 
carrying into effect the powers granted by this act, the 
city council shall have authority to issue from time to 
time notes, scrip, bonds or certificates of debt, to be 
denominated on the face thereof " City of Gloucester 
Water Loan," to an amount not exceeding three hundred 
thousand dollars ; the same to bear interest not exceeding 
the rate of six per cent, per annum, and the principal to be 
payable at periods not more than thirty years from the 
issuing of said notes, scrip, bonds or certificates of debt 
respectively ; and the city council may sell the same or 
any part thereof, from time to time, at public auction or 
private sale, or pledge the same for money borrowed for 
the purposes of this act, on such terms and conditions as 
the city council shall judge proper. The net surplus 
income and receipts shall be set apart as a sinking fund 
and applied solely to the payment of the principal of said 
loan. The mayor, city treasurer and president of the com- 
mon council for the time being, shall be trustees of said 
fund, and shall whenever required by the city council 
render an account of all their doings in relation thereto. 
And the city council of said city is hereby authorized, 
from time to time, to appropriate, grant and assess such 
sum or sums of money as shall be deemed expedient 
toward paying the principal of the money so borrowed or 
obtained, and the interest thereof, in the same manner as 
money is appropriated, granted and assessed for other city 
purposes. 

Section 6. The rights, powers and privileges hereby 
granted may be exercised by such officers, agents and ser- 
vants as said city may select or employ, who shall be sub- 
ject to such ordinances, rules and regulations as the city 
council may establish, and the mayor shall be eligible to 
such office. 

Section 7. If any person shall use any of the said 
water without the consent of said cit3% or shall wantonly 
or maliciously divert the water or any part thereof, of the 
ponds, springs, streams or sources of water taken or held 
by said city, pursuant to the provisions of this act, or cor- 



1880. — Chapter 204. 



155 



rupt the same, or render it impure, or destroy or injure 
any dam, aqueduct, pipe, conduit, hydrant, machinery or 
other works or property held, owned or used by said city 
under the authority and for the purposes of this act, he 
shall forfeit and pay to said city three times the amount 
of damages assessed therefor, to be recovered in an action 
of tort; and on conviction of either of the wanton or 
malicious acts aforesaid may also be punished by fine not 
exceeding three hundred dollars, or by imprisonment in 
jail not exceeding one year. 

Section 8. This act shall take effect upon its passage, subject to 
and shall become void unless accepted by two-thirds of the aTwo4hi'rdi'^ 
lesfal voters of the city of Gloucester, present and voting vote of the 

^ *^ ^^ i6£r£il voters 

thereon, at a legal meeting which shall be called in their 
several ward rooms for that purpose by the mayor and 
aldermen of said city, within six months from the passage 
of this act, at which meeting the check list shall be used. 

Approved Ax>ril 17, 1880. 

An Act to annex a part of the town of belmont to the Chap. 204 

CITY OF CAMBRIDGE. 

Be it enacted, &c., as follows : 

Section 1. All that part of the town of Belmont con- Part of town of 
tained within the line described as follows : — beginning at annexed to the 
a point where the dividing line between Cambridge and cambrid e 
Belmont intersects the dividing line between Belmont and 
Watertown; thence running in a north-westerly direction 
on said dividing line between Belmont and Watertown 
one thousand nine hundred and ninety-five feet ; thence 
turning and running in a northerly direction about four 
thousand three hundred and fifty feet to the north-westerly 
side of Washington Street at a point five hundred and 
ninety feet easterly of the easterly line of Grove Street, 
produced, as measured on said line of Washington Street ; 
thence turning and running northerly on the westerly side 
of Washington Street to Concord Avenue ; thence running 
in the same northerly direction on the westerly side of 
Brighton Street to the northerly side of Wellington Bi ook ; 
thence turning and running in a north-easterly direction 
in a straight line to the point where the said line of 
Wellington Brook strikes the location of the P'itchburg 
Railroad Company on the westerly side of the culvert ; 
thence turning and running a little more northerly about 
two thousand two hundred and sixty feet to a point in the 
dividing line between Belmont and Arlington, which is 
two thousand seven hundred and thirty feet as measured 



156 



1880. — Chapter 204. 



Taxes to be 
assessed and 
collected as 
though act had 
not been passed. 



Settlement of 
paupers. 



ElectioH of 
county, state 
and national 
oflBcers. 



Highways. 



on said last dividing line from the town bound at the 
junction of Alewife Brook and Little River ; thence turn- 
ing and running south-easterly on said last dividing line to 
the town bound last above mentioned ; thence turning and 
running in a general westerly and southerly direction on 
the present dividing line between Cambridge and Belmont 
to the point of beginning, — excepting and excluding 
however such portion of the above described territory as 
is included within the present fences of the town cemetery, 
— with all the inhabitants and estates therein, is hereby 
set off from the town of Belmont and annexed to the city 
of Cambridge, and until a new division of wards in said 
city shall be and constitute a part of the first ward thereof. 

Section 2. The inhabitants and estates within the ter- 
ritory hereb}^ set off and the owners of such estates shall 
be liolden to ])iiy all taxes assessed and in arrears to the 
same persons, and such taxes may be collected in the same 
manner as if this act had not been passed ; and until the 
next state valuation the city of Cambridge shall annually 
in the month of November pay to the town of Belmont 
three-tAventieths of all state and county taxes that shall be 
assessed upon Belmont. 

Section 3. All paupers who have gained a settlement 
in the said town of Belmont by a settlement gained or 
derived within said territory shall be relieved or supported 
by the city of Cambridge in the same manner as if they 
had a legal settlement in Cambridge. 

Section 4. The inhabitants of the territory hereby set 
off shall continue to be a part of Belmont for the purpose 
of electing state and countyofiScers, members af the exe- 
cutive council, senators and representatives to the general 
court, electors of president and vice-president of the United 
States, and representative to congress, until the next de- 
cennial census or until another apportionment is made ; 
and the mayor and aldermen of Cambridge shall make a 
true list of the persons residing in said district qualified to 
vote in such elections, post up the same in said territory, 
correct the same as required by law, and deliver the same 
to the selectmen of the town of Belmont seven days at 
least before any such election ; and the same shall be used 
by the selectmen of Belmont for such elections in the 
same manner as if it had been prepared by the said select- 
men. 

Section 5. The power to alter, straighten, widen, re- 
pair and grade all county and town ways existing in the 
territory hereby annexed, shall be vested in the city coun- 
cil of Cambridge. 



1880. — Chapter 205. 



157 



Section 6. The town of Belmont shall have the right Pubiic sewers 
to connect any of its public sewers with any sewer con- 
structed by the city of Cambridge within the territory 
hereby annexed, upon first paying to said city a just com- 
pensation therefor, to be determined, after due notice and 
hearing, by the county commissioners of the county of 
Middlesex : provided^ that any such connection shall be Proviso, 
made under the direction of said city, and the use of any 
sewer thus connected shall be subject to such reasonable 
rules and regulations, except as to assessments, as may be 
made by the city council of said city. 

Section 7. The city of Cambridge shall pay to the 
town of Belmont the fair market value of the town school- 
house, with the land connected therewith as a school yard, 
situated within the territory hereby annexed, and said city 
shall also take the town schoolhouse building nearest to 
said territory. If the said city and town cannot agree 
upon the sura to be paid therefor, the damages shall be 
determined and paid in the manner provided by law in the 
case of land taken for highways, 

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

Approved April 19, 1880. 



City of 
Cambiidi^e 
to pay Bi'lmont 
for schoolhouse. 



An Act in relation to the leasing of railroads. 
Be it enacted, &c., as follows: 

Section 1. The roads of two railroads shall be deemed 
to enter upon each other, connect or intersect within the 
meaning of section one hundred and seventy of chapter 
three hundred and seventy-two of the acts of the year 
eighteen hundred and seventy-four, if one of such roads 
enters upon, connects with, or intersects a road leased to 
the other railroad, or operated by it under a contract as 
authorized by said section. But the Eastern Railroad 
Company and the Boston and JMaine Railroad may make 
with each other such contract or lease for the operation of 
their roads for sucii period of time as the directors of said 
companies may agree to, and as shall be approved by a 
majorit}' in interest of the stockholders of each company 
at meetings called for that puipose : provided, that the 
facilities for travel and business on either of the roads of 
the said companies shall not be diminished; and provided, 
further, that the income arising from such contract or lease 
shall be subject to the provisions of law in regard to the 
right of the state to purchase the said roads, or reduce 
their tolls in the same manner as that arising from the use 
of the roads. 



Chap. 205 



Roads to be 
deemed con- 
nectinar, etc., 
when one road 
connects, etc., 
with a road 
leased to the 
other. 



Eastern and 
Boston and 
Maine, may 
make such con- 
tract, etc., with 
each other for 
the operation of 
their roads as 
may be agreed 
upon. 



Facilities for 
travel and 
business not to 
be diminished. 



158 



1880. — Chapters 206, 207. 



Lease or con- 
tract not to 
exceed ninety- 
nine years. 



SECTlolsr 2. No railroad corporation shall lease or con- 
tract for the operation of its road for a period of more 
than ninety-nine years without the consent of the legisla- 
ture : provided, that this act shall not apply to any corpo- 
ration whose stockholders have already acted or voted 
upon a lease. 

Section 3. This act shall take effect on the first day 
of July next. Approved April 21, 1880. 



Chap. 



Charters 
dissolved. 



Moneys remain- 
ing in banlis two 
years jo be 
deposited with 
state treasurer. 



Treasurer to 
pay over 
moneys to par- 
ties entitled. 



206 An Act to dissolve the ashbdrnham savings bank and the 
jamaica plain savings bank. 

Be it enacted, &c., as folloios : 

Section 1. The Ashburnham Savings Bank, chartered 
by chapter two hundred and forty-six of the acts of the 
year eighteen hundred and seventj'-one, and the Jamaica 
Plain Savings Bank, chartered by chapter one hundred 
and forty-seven of the acts of the year eighteen hundred 
and seventy-two, are hereby dissolved, subject to the pro- 
visions of sections thirty -six and thirty-seven of chapter 
sixty-eight of the General Statutes. 

Section 2. Any unclaimed moneys or dividends re- 
maining in said banks two years after the passage of this 
act shall be deposited with the treasurer and receiver-gen- 
eral of the Commonwealth, with a schedule of the names 
and residences, so far as known, of the parties entitled 
thereto ; and said treasurer shall receive and hold the 
same in trust for such parties and their representatives ; 
and said treasurer shall pay over the same to the parties 
entitled thereto, upon proper demand made therefor, upon 
being furnished with evidence satisfactory to him of the 
identity of the claimant and the justice of the claim. 

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

Approved April 22, 1880. 



Chap 



Selectmen may 
use King Street 
and Market 
Street Brooks 
for purposes of 
sewerage. 



. 207 An Act to enable the town of Northampton to appro- 
priate CERTAIN WATER COURSES FOR THE PURPOSES OF SEW- 
ERAGE. 

Be it enacted, &c., as follows: 

Section 1. The selectmen of the town of Northamp- 
ton may use and appropriate, for the purposes of sewerage 
and drainage, the whole or any parts of the water courses 
within said town known as King Street Brook and Market 
Street Brook and their tributaries, and the extension of 
said brooks to their union with Mill River near the point 



1880. —Chapter 208. 



159 



where Pleasant Street crosses the Connecticut River Rail- 
road ; and said selectmen may alter, change, widen, 
straighten and deepen the channels of said brooks, and 
may remove obstructions therefrom, and may cover said 
brooks, and pave and enclose them in retaining walls, and 
may divert the waters of said brooks into new courses, or 
divert the same into town sewers and main drains which 
may be built ; but the authority aforesaid shall only be 
had and exercised in accordance with such a system of 
sewerage as the town may adopt under the provisions of 
chapter two hundred and thirty-two of the acts of the 
year eighteen hundred and seventy-eight. 

Section 2. If in any system of sewerage which said 
town of Northampton may adopt under the provisions of 
chapter two hundred and thirty-two of the acts of the 
year eighteen hundred and seventy-eight, any brooks, 
water rights or interests in real estate belonging to any 
person are to be used and appropriated, the report and 
record of the system so adopted shall set forth substan- 
tially the nature and extent of the water rights and inter- 
ests in real estate so to be taken and appropriated under 
said system of sewerage. 

Section 3. When any water rights, lands or interest 
in lands are included in the general plan of sewerage 
which may be adopted by said town, the proceedings as to 
the taking and appropriating, and as to the damages in- 
curred, shall be the same in all respects as is provided by 
chapter one hundred and eleven of the acts of the year 
eighteen hundred and sixty-nine. 

Approved April 22, 18S0. 



May widen and 
deepen chan- 
nels. 



Report and 
record of 
system adopted 
under 1878, 232, 
to set forth the 
rights, etc., to 
be talien. 



Proceedings in 
falsing land, and 
as to damages, 
shall be as pro- 
vided in 
1869, 111. 



An Act to define the d^^ties op the board of trustees of Chap. 208 

THE STATE PRIMARY AND REFORM SCHOOLS. 

Be it enacted, &c. , as foUoivs : 

Section 1. The trustees of the state primary and Trustees of 
reform schools shall have full power to place in charge of an'^d'reforra'^^ 
suitable persons any of the children of the state primarv ^t'loo'-^may 
school, the power of visitation and final discharge remain- in charge of 
ing with the state board of health, lunacy and charity as 
now fixed by law. And said trustees may provide for the 
maintenance- of any child so placed, in whole or in part, 
at a cost to the state not exceeding two dollars per week. 
The expense of such maintenance shall be paid from the Expense of 
annual appropriation for the current expense of said "^'^tenance. 
school. 



suitable 
persons. 



160 



1880. — Chapter 209. 



May transfer 
inmates from 
industrial and 
reform schools 
to the primary 
school. 



Transfer from 
industrial 
school to 
reformatory 
prison. 



Oflice of 
treuBiirur 
abolished. 



Section 2. The said trustees shall also have full power 
to transfer inmates from the state industrial school and 
from the state reform school to the state piimary school. 
Wlien said transfers are made the mittimus upon which 
the person was committed shall accompany the person so 
transferred ; and such person shall be held upon said mitti- 
mus until the term of sentence shall have expired, unless 
sooner discharged or remanded. 

Section 3. On application of the trustees of the state 
primary and reform schools,' the commissioners of prisons 
may cause any girl in the state industrial school who was 
committed for any crime or misdemeanor to be transferred, 
with the mittimus upon which she was committed, to the 
reformatory prison for women, there to be held upon said 
mittimus until the term of sentence shall have expired, 
unless sooner discharged. The said commissioners may, 
upon application of the said trustees, cause the said girl, so 
transferred, to be returned to the state industrial school, 
there to be held as if no such transfer had been made. 

Section 4. Tlie existing offices of treasurer of the 
state reform and state industrial schools are hereby abol- 
ished. 

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

Approved April 22, 1880. 



Chap. 209 



Licenses to be 
issued to sell 
milk, in places 
where inspect- 
ors have been 
appointed, 



To be issued in 
name of owner 
of carriage. 



An Act to regulate the inspection and sale of milk. 
Be it enacted, &c., asfolloios: 

Section 1. In all cities and in all towns in whicli an 
inspector or inspectors of milk have been or shall be ap- 
pointed, all persons who conve}^ milk in carriages or other- 
wise for the purpose of selling the same in such city or 
town, shall annually on the fir^ day of May, or within 
thirty days thereafter, be licensed by the inspector or 
inspectors of milk of such city or town to sell milk within 
the limits of the city or town in which said milk is offered 
for sale ; and shall pa}- to such inspector or inspectors fifty 
cents each for the use of the city or town. The inspector 
or inspectors shall pay over monthly all sums collected by 
him or them to the treasurer of such city or town. Li- 
censes shall be issued only in the names of the owners of 
carriages or other vehicles ; and said licenses shall for the 
purposes of this act be conclusive evidence of ownership. 
No license shall be sold, assigned or transferred. Each 
license shall record the name, residence, place of business, 
number of carriages or other vehicles used, the name and 
residence of every driver or employe engaged in carry- 



1880. — Chapter 209. 



161 



ing or selling said milk, if any, and the number of the 
license. The licensee shall report to the inspector or in- 
spectors any change of driver or employe which may occur 
during the term of his license. Each licensee before 
engaging in the sale of milk shall cause his name, number 
and place of business to be legibly placed on each outer 
side of all carriages or vehicles used by him in the convey- 
ance and sale of milk. Whoever shall sell or expose for 
sale from carriages or other vehicles, or have in his custody 
or possession with intent so to sell, milk without being 
first licensed under the provisions of this section, or shall 
violate any other of its provisions, shall for the first of- 
fence be punished by a fine of not less than thirty nor 
more than one hundred dollars ; and for a second offence 
by a fine of not less than fifty nor more than three hun- 
dred dollars ; and for any subsequent offence by a fine of 
fifty dollars and imprisonment in the house of correction 
not less than thirty nor more than sixty days. 

Section 2. All persons before selling or offering for 
sale milk in stores, booths, stands or market places in any 
city or in any town in which an inspector or inspectors of 
milk have been or shall be appointed, shall register in the 
books of such inspector or inspectors, and shall pay him 
or them fifty cents for the use of such city or town ; and 
whoever neglects so to register shall be punished for each 
offence by a fine not exceeding twenty dollars. 

Section 3. Whoever by himself, his servant or agent, 
or as the employe of any other person sells, exchanges or 
delivers, or has in his custody or possession with intent to 
sell or exchange, or exposes or offers for sale or exchange, 
adulterated milk, or milk to which water or any foreign 
substance has been added, or any substance deleterious to 
the quality of the milk, or milk produced from cows fed on 
the refuse of distilleries, or from sick or diseased cows, 
shall for the first offence be punished by a fine of not less 
than fifty nor more than two hundred dollars ; and for a 
second offence by a fine of not less than one hundred nor 
more than three hundred dollars, or by imprisonment in 
the house of correction not less than thirty nor more than 
sixty da3's ; and for any subsequent offence by a fine of 
fifty dollars and imprisonment in the house of correction 
not less than sixty nor more than ninety days. 

Section 4. Whoever by himself, his servant or agent, 
or as employe of any other person sells, exchanges or de- 
livers, or has in his custody or possession with intent to 
sell or exchange, or exposes or offers for sale as pure milk, 

21 



Change of 
driver to be re- 
ported. 



Penalties for 
selling without 
license. 



Sellers to 
register in 
books of 
inspector before 
offering for sale 
in stores, etc. 



Penalties for 
selling adulter- 
ated milk. 



Penalties for 
selling milk as 
pure, from 
which the 
cream has been 
removed. 



162 



1880. — Chapter 209. 



Penalty on 
inspector or his 
agent. 



any milk from which the cream or any part thereof has 
been removed, shall be punished by the penalties provided 
in the preceding section. 
Skimmed milk. SECTION 5. Evcry dealer who shall sell, exchange or 
deliver, or shall have in his custody or possession with 
intent to sell or exchange, or deliver for himself or as the 
employ^ of any other person or persons, milk from which 
the cream or any part thereof has been removed, shall dis- 
tinctly mark in letters not less than one inch in length, 
in a conspicuous place above the centre upon the outside 
of every vessel, can or package containing such milk, the 
words, " SKIMMED MILK ; " and such milk shall only be 
sold in or retailed out of a can, vessel or package so 
marked. Whoever violates the provisions of this section 
shall be punished by the penalties provided in section 
three. 

Section 6. Any inspector of milk or his servant or 
agent who shall wilfully connive at or assist in any viola- 
tion of the provisions of this act, shall be deemed guilty 
of a misdemeanor, and upon conviction thereof shall be 
punished by a fine of not less than one hundred nor more 
than three hundred dollars, or by imprisonment not less 
than thirty nor more than sixty days. 

Section 7. In all prosecutions under this act, if the 
milk shall be shown uj^on analysis to contain more than 
eighty-seven per centum of watery fluid, or to contain less 
than thirteen per centum of milk solids, it shall be deemed 
for the purposes of this act to be adulterated. 

Section 8. Violations of this act may be prosecuted 
by complaint or indictment before any court of competent 
jurisdiction. 

Section 9. Each inspector shall cause the name and 
place of business of all persons convicted of selling or 
having in possession with intent to sell adulterated milk, 
to be published in two newspapers in the county in which 
the offence was committed. 

Section 10. Each inspector shall cause this act to be 
published once in a newspaper printed in the county in 
which he resides. 

Repeal. SECTION 11. All acts and parts of acts inconsistent 

herewith are hereby repealed ; but such' repeal shall not 
affect any prosecution now pending. 

Section 12. This act shall take effect upon its passage. 

Approved April 22, 1880. 



Adulterated 
milk. 



Analysis. 



Prosecutions. 



Names of per- 
sons convicted, 
to be published. 



Act to be pub- 
lished in news- 
paper. 



1880. — Chapter 210. 



163 



Normal schools. 



Normal art 
school. 



An Act in addition to an act making appropriations for Chap. 210 

CERTAIN EDUCATIONAL EXPENSES. 

Be it enacted^ &c., as follows: 

Section 1. The sums hereiricafter mentioned are appro- Appropriations, 
priated, to be paid out of the treasury of the Common- 
Avealth from the ordinary revenue, unless otherwise ordered, 
for the purposes specified, to meet expenses for the year 
ending on the thirty-first day of December, one thousand 
eight hundred and eighty, the same to be in addition to 
the appropriations heretofore made, to wit : — 

For the support of normal scliools, a sum not exceeding 
forty-two thousand five hundred dollars, to be paid out of 
the moiety of the school fund applicable to educational 
purposes. 

For the support of the state normal art school, the same 
to include rent, taxes, etc., a sum not exceeding twelve 
thousand nine hundred and twenty-five dollars, to be paid 
from the unappropriated balance of the moiety of the 
school fund applicable to educational purposes, and the 
excess, if any, from the treasury. 

For teachers' institutes, a sum not exceeding two thou- 
sand dollars, to be paid out of the moiety of the school 
fund applicable to educational purposes. 

FOr county teachers' associations, a sum not exceeding 
three hundred dollars, to be paid out of the moiety of the 
school fund applicable to educational purposes. 

For aid to pupils in the state normal schools, a sum not 
exceeding four thousand dollars, payable in semi-annual 
paj'ments, to be expended under the direction of the board 
of education. 

For travelling and other necessary expenses of the mem- 
bers of the board of education, a sum not exceeding four 
hundred dollars. 

For incidental expenses of the board of education, and 
for the secretary thereof, a sum not exceeding nine hun- 
dred dollars. 

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

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

Approved Aj^ril 22, 1880. 



Teachers' 
institutes. 



County teach- 
ers'associations. 



Pupils in 
normal schools. 



Board of 
education, 
travelling 
expenses. 

Incidental 
expenses. 



Agents of 
board. 



164 



1880. — Ch AFTERS 211, 212. 



Chap. 211 An Act relative to the descent op real estate of husband 

AND WIFE DTING INTESTATE AND WITHOUT ISSUE. 



Descent of real 
estate of 
husband and 
wife, dying 
intestate and 
without issue. 



Estate to be 
assigned and 
set out by 
metes and 
bounds. 



Proviso. 



Estate of 
curtesy, dower, 
etc., of remain- 
ing real estate. 

RepeaL 



Be it enacted, &c., as folloivs : 

Section 1. Whenever any person shall die intestate, 
without leaving issue living, and shall leave a husband 
or wife surviving, such husband or wife shall take in fee 
the real estate of such deceased to an amount not exceed- 
ing five thousand dollars in value. 

Section 2. The probate court having jurisdiction of 
the estate of said deceased on petition of any person in 
interest shall cause the real estate which the husband or 
wife takes under the preceding section to be assigned and 
set out by metes and bounds in the same manner as par- 
titions of land may be made by probate courts : provided, 
however, that when such assignment cannot be made with- 
out greatly injuring the residue of the estate or of some 
specific part thereof, an undivided portion of such real 
estate or of some part thereof may be set off instead of a 
specific part. 

Section 3. Nothing herein contained shall affect the 
estate of curtesy, dower or homestead in any remaining 
real estate of such deceased. 

Section 4. All acts and part of acts inconsistent here- 
with are hereby repealed. 

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

Approved April 22, 1880. 



Chaj. 



Compensation 
of messengers 
of senate and 
house. 



'9.212 An Act to fix the compensation of the messengers, door- 
keepers, ASSISTANT doorkeepers AND PAGES OF THE SENATE 
AND HOUSE OF REPRESENTATIVES. 

Be it enacted, &c., asfolloivs: 

Section 1. The compensation of the messengers of the 
senate and house of representatives shall be the same as 
that which vao.y be fixed by law, from time to time, for 
the compensation of the members of the legislature for 
the regular annual session ; and the doorkeepers, assistant 
doorkeepers and postmaster shall receive the same com- 
pensation as the messengers, and one hundred dollars each 
in addition for the regular annual session. 

Section 2. The compensatioii of the pages of the 
senate and house of representatives shall be three- fifths of 
the amount allowed the messengers for the regular annual 
session. 

Section 3. If any of the officials named in this act 
shall be employed by the sergeant-at-arms before or after 



Pages. 



Compensation 
for employment 
before or after 



1880. — Chapter 213. 



165 



the regular annual session, they shall receive for such ser- there^ruiar 
vice a sum per diem in proportion to the amount received ^'^''*'°"- 
for each day of the regular annual session. 

Sectiox 4. This act shall apply to the current annual Toappiyto 
session ; and the provisions of section two of chapter Bession.'^""" 
three hundred and twenty-eight of the acts of the year i^'^, 328, §2 
eighteen hundred and seventj^-two shall apply to said 
officials as well as to members of the senate and house. 

Apjyroved April 22, ISSO. 



May renew a 
portion of water 
bonds. 



An Act to authorize the town of Northampton to renew Clufp. 213 
A portion of its water bonds. 

Be it enacted, &c., as follows : 

Section 1. The town of Northampton is hereby 
authorized to execute and issue new bonds, signed by its 
treasurer and countersigned b}^ its selectmen, to be denom- 
inated Northampton Water Bonds, or promissory notes of 
the town in lieu of such bonds, to an amount not exceed- 
ing fifty thousand dollars, for the purpose of redeeming 
the fifty thousand dollars of its original water bonds falling 
due in eighteen hundred and eighty-one ; and such bonds 
or notes shall be payable at periods not exceeding eighteen 
years from the date thereof, with interest semi-annually at 
a rate not exceeding five per cent, per annum. And said 
town may sell or negotiate said bonds or notes at public 
or private sale upon such terms and conditions as it may 
deem proper, and may raise money by taxation to pay said 
bonds or notes and interest thereon when due ; but said 
town shall not raise by taxation more than ten thousand 
dollars in any one year to pay the principal of said bonds 
or notes, except the year in which the same may become 
due. 

Section 2. Nothing in this act contained shall be 
construed to relieve the town of Northampton from the ob- 
ligations imposed by chapter two hundred and nine of 
the acts of the year eighteen hundred and seventy- 
five, entitled "' An Act to regulate and limit municipal 
indebtedness," and the acts in addition thereto and in 
amendment thereof. 

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

Ajyproved. April 22, 18S0, 



May sell bonds 
at public or 
private sale. 



Not to be 
relieved from 
obligations 
imposed by 
1875, 209. 



166 



1880. — Chapters 2U, 215, 216. 



Chap. 214 



Amerdment to 
1878, 210, § 1. 



An Act to amend ' ' an act authorizing the Vermont and 
massachusetts railroad company to sell that part op 
its railroad known as the brattleborough branch." 

Be it enacted^ tfcc, as follows: 

Section 1. Section one of chapter two hundred and 
ten of the acts of the year eighteen hundred and seventy- 
eight is hereby amended by striking out the word 
" Erving," and inserting in place thereof the word 
" Montague." 

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

^pprouecZ April 22, 1880. 

Chap. 215 An Act to confirm certain acts of the town of dudley. 
Be it enacted, &c., as follows: 

Section 1. The action of the town of Dudley at a 
meeting thereof held at the town hall in said Dudley 
on Monday the fifth day of April in the year eighteen 
hundred and eighty, in voting " To appropriate the sum 
of five hundred dollars for the removal of the brick build- 
ing known as Academy Hall into line with the boarding- 
house of said Academy and Washington Hall, as desired 
by Hezekiah Conant and others," is hereby authorized, 
ratified and made valid. 

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

Approved April 22, 1880. 



Action of the 
town confirmed 



Chap. 216 



Liens on build 
ings and lands, 
1871, 78. 



An Act in relation to liens on buildings and lands. 
Be it enacted, &c., as follows: 

Section 1. Chapter seventy-eight of the. acts of the 
year eighteen hundred and seventy-one is hereby amend- 
ed by adding thereto the following words: — "If it ap- 
pears to the court or to the clerk thereof in vacation that 
any of the parties entitled to notice are absent, or that 
they cannot probabl}' be found to be served with the 
notice, the court or the clerk thereof in vacation may, 
instead of the personal notice before mentioned or in adcli- 
Notice to parties tiou thereto, Order notice to all persons interested, by pub- 
lishing in some newspaper the substance of the petition 
with the order of the court thereon assigning the time and 
place for a hearing, or may order such other notice to be 
given as may under all the circumstances of the case be 
considered most proper and effectual." 

Section 2. Section fifteen of chapter one hundred 
and fifty of the General Statutes is hereby repealed. 

Approved April 22, 1880. 



interested. 



Repeal of 

U. S. 150, § 15 



1880. 



Chapter 217. 



167 



Insolvent 
estates of in- 
sane persons. 



Guardian ad 
litem may be 
appointed. 



An Act to provide for the equitable distribution of in- Chap. 211 

SOLVENT ESTATES OF INSANE PERSONS. 

Be it enacted, tfcc, as follows: 

Section 1. Any of the creditors of an insolvent insane 
person, whose chiims provable against the insolvent estate 
amount to the sum of one hundred dollars, may apply by 
petition to the judge of the court of insolvency for tlie 
county where the debtor resides, setting forth the insolvency 
of the person and the nature of their claims verified by 
oath, and praying that the estate may be seized and dis- 
tributed according to the provisions of law relating to the 
settlement of estates of insolvent debtors. After notice 
to all persons interested, and the appointment of a guar- 
dian ad litem for such insane person, and a hearing, the 
judge may, if he thinks the interests of the debtor and 
creditors require it, issue his warrant to take possession of 
the estate of the debtor, and thereupon like proceedings 
shall be had as are provided by chapter one hnndred and' 
eighteen of the General Statutes and the acts in addition 
thereto and in amendment thereof for the settlement of 
estates of insolvent debtors of sound mind. 

Section 2. The schedules of creditors and of prop- 
erty required by said chapter shall be made and filed by 
the messenger upon his best information and belief. The 
debtor shall not be required to attend at any meeting of 
creditors nor be subject to examination except upon spe- 
cial order of the judge. 

Section 3. At any time within six months after re- 
covering from his insanity the debtor may apply to the 
court for a discharge from his debts, and shall thereupon 
be required to deliver up to his assignee for the benefit of 
his creditors any property which was in his hands or pos- 
session or to which he was in any way entitled at the time 
of the filing of the petition, and which had not come into 
the hands or possession of his assignee, and shall make 
a full disclosure thereof and shall take and subscribe an 
oath that he has so done, and shall submit himself to ex- 
amination thereon, and may within 'three months after his 
application file the assent in writing to his discharge of a 
majority in number and value of his creditors who have 
proved their claims as provided in section eighty-one of 
said chapter, and if it appears to the satisfaction of the 
judge, at a meeting of the creditors called for the purpose 
of acting upon said application, that he has made a full 
disclosure and delivery of his estate as herein required, 
and that he has in all thinu-s coiih)rmc'd to the directions 



Messenger to 
file schedules 
upon his best 
information. 



If debtor 
becomes sane, 
he may apply 
for a discbarge 



168 



1880. — Chapter 218. 



Provieions of 
G. S. 118, to 
apply, etc. 



Record to be 
kept of conduct 
of prisoner. 



and requirements of this act, and that his assets have paid 
fifty per centum of the claims prove'd against his estate, 
or that the assent in writing to his discharge of a majority 
in number and value of his creditors who have proved 
their claims has been filed in the case, the judge shall 
grant him a certificate of discharge which shall state all 
fiduciaiy debts specially exempt from discharge, and shall 
be in the form and have the effect prescribed by said 
chapter for like discharges to insolvent debtors of sound 
mind. 

Section 4. All the provisions of said chapter, and of 
tlie acts in addition thereto and in amendment thereof, 
sliall apply to proceedings under this act, except such as 
the insanity of the debtor ma}^ render inapplicable. 

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

Approved April 22, 1880. 

Chap. 218 An Act to provide for the release of prisoners for good 

CONDUCT. 

Be it enacted, &c., as follows: 

Section 1, Every officer in charge of a prison, and 
the superintendent of the house of industry, shall keep 
a record of the conduct of each prisoner in his custody 
whose term of imprisonment is not less than four months. 
Every such prisoner whose record of conduct as aforesaid 
shall show that he has faithfully observed all the rules of 
the prison, or house of industry, and has not been sub- 
jected to punishment, shall be entitled to a deduction from 
the term of his imprisonment, to be estimated as follows : 
— upon a sentence of not less than four months and not 
more than one year, one day for each month ; ujion a sen- 
tence of not less than one year nor more than three years, 
three days for each month ; upon a sentence of not less 
than three nor more than five years, four days for each 
month ; upon a sentence of not less than five years nor 
more than ten years, five days for each month ; upon a 
sentence of ten years or more, six days for each month. 
When a prisoner has two or more sentences the aggregate 
of his several sentences shall be the basis upon which the 
deduction shall be estimated. Each prisoner who is en- 
titled to a deduction from the term of his imprisonment, 
as aforesaid, shall receive a written permit to be at liberty 
during the time thus deducted, upon such terms as the 
board granting the same shall fix. Said permits shall be 
issued as follows : To prisoners in the house of industry, 
or in the jail or house of correction of Suffolk County, by 



Term of impria 
onment to be 
shortened for 
good conduct. 



Prisoner to re- 
ceive a written 
permit. 



1«80. — Chapter 218. 



169 



tlie board of directors of public institutions ; to prisoners 
in the other jails and houses of correction, by the county 
commissioners of the several counties ; to prisoners in the 
state prison and in the reformatory prison for women, by 
the commissioners of prisons. The board issuing a per- 
mit as aforesaid may at any time revoke the same, and 
shall revoke it whenever it comes to their knowledge that 
the person to whom it was granted has been convicted of 
any offence punishable by "imprisonment. 

Section 2. Any court or trial justice having jurisdic- 
tion of criminal offences, when notified by the board issu- 
ing a permit that the same has been revoked, shall issue a 
warrant for the arrest of the person holding said permit, 
and shall remand him to the prison from which he was 
released, where he shall be detained according to the 
terms of his original sentence ; and in computing the 
period of his confinement the time between his release 
upon said permit and his return to the prison shall not be 
taken to be any part of the term of the sentence : pro- 
vided^ Jioivever, that if the person for whose arrest said 
warrant is issued is confined in any prison, service of such 
warrant shall not be made until his release from said 
prison. 

Section 3. If a prisoner shall violate any of the rules 
of the prison in which he is confined, the board author- 
ized by section one of this act to grant permits shall de- 
cide what portion of the time, which would otherwise be 
deducted from the term of his imprisonment, shall be for- 
feited by such violation. 

Section 4. In computing the deduction from the 
terms of hnprisonment of convicts now in confinement, 
they shall be allowed the deductions to which they shall 
become entitled under existing laws prior to the passage 
of this act, and thereafter said deductions shall be made 
in accordance with the terms of this act. 

Section 5. Section fort3--seven of chapter one hun- 
dred and seventy-eight of the General Statutes, and sec- 
tions fifty-one and fifty-two of chapter one hundred and 
seventy-nine of the General Statutes, are hereby repealed. 
22 Approved April 22, 1880. 



Warrant of 
arrest to be 
issued, if permit 
is revoked. 



To be remanded 
to prison to 
serve out bis 
original sen- 
tence. 



Violation of 
prison rules. 



Computation of 
deductions. 



Repeal of 
G. S. 178, ? 47. 
O. S. 179, §§ 51, 
52. 



170 



1880. — Chapters 219, 220. 



Chcqj. 219 An Act to amend chapter two hundred and twkntt of 

THE acts of the YEAR EIGHTEEN HUNDRED AND SEVENTY- 
SIX RELATING TO THE DESCENT AND DISTRIBUTION OF REAL 
AND PERSONAL PROPERTY. 



Descent and 
distribution of 
real and per- 
sonal property. 
1S76, 220, § 1. 



Be it enacted, t&c, as follows: 

Section one of chapter two hundred and twenty of the 
acts of the 5"ear eighteen hundred and seventy-six is here- 
by amended by adding to the lifth clause at the end there- 
of the following : — " and if there is no surviving brother 
nor sister of the intestate, then to all the issue of his or 
her deceased brothers and sisters. If all such issue are in 
the same degree of kindred to the intestate, they shall 
share the estate equally; otherwise they shall take accord- 
ing to the right of representation." Also by inserting in 
the sixth chiuse thereof, after the word "• sister," the fol- 
lowing : " nor issue of any deceased brother or sister." 

Approved April 22, 1880. 



Foreign execu- 
tors, trustees, 
etc., may sell 
property and 
collect debts In 
this state. 



Chap. 220 An Act to authorize the sale of personal property,- and 

THE COLLECTION OF DEBTS BY FOREIGN EXECUTORS, ADMINIS- 
TRATORS, TRUSTEES AND GUARDIANS. 

Be it enacted, &c., as follows: 

Any executor, administrator, trustee or guardian, duly 
appointed in another state, or in any foreign country, and 
duly qualified and acting, who ma}^ be entitled to any per- 
sonal property situated in this state, maj-, upon petition to 
the probate court of any county in this state, and after 
such notice to all persons interested as said court shall 
order, be licensed to sell, transfer and convey at public or 
private sale, and on sucli terms and to such person or per- 
sons as he shall think fit, or to receive and otherwise dis- 
pose of, any shares in any corporation which has an estab- 
lished or usual place of business in said county, or any 
personal estate in said county : provided, it shall appear 
to said court that there is no executor, administrator, 
trustee or guardian appointed in this state authorized to 
sell, transfer and convey, or receive such shares or estate ; 
and provided, it shall appear to said court that stich execu- 
tor, administrator, trustee or guardian would be liable, upon 
and after such sale or receipt, to account for such shares 
or estate, or the proceeds thereof, in the state or country 
in which he was appointed, and provided, that no person 
resident in this state, interested as a creditor or otherwise, 
shall object to the granting of such license or shall appear 
to be prejudiced thereby, a?id provided, that no such 



Provisos. 



1880. — Chapter 221, 



171 



license shall be granted to any foreign executor or admin- 
istrator until the expiration of six months from the death 
of his testator or intestate. Approved April 22, 1880. 



An Act relative to the punishment for drunkenness. Chaj). 221 



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

Section 1, Whoever is convicted of the offence of 
drunkenness by the voluntary use of intoxicating liquor 
shall, if it shall not be proved that he or she has been con- 
victed of a like offence twice before within the next pre- 
ceding twelve months, be punished by a fine not exceeding 
one dollar, without costs. In case of the non-payment of 
such fine, the person convicted of said offence may be 
committed to any jail or house of correction, (in the city 
of Boston to the house of industry), or to the workhouse, 
if any, in the town or city where the offence was commit- 
ted, if such workhouse has a criminal department, until 
the fine shall be paid. The person convicted and com- 
mitted as aforesaid, however, shall not be imprisoned more 
than ten days for the non-payment of such fine. 

Section 2. When a male person is convicted of the 
offence of drunkenness as aforesaid, and it is proved that 
he has been convicted of a like offence twice before with- 
in the next preceding twelve months, he may be punished 
by a fine not exceeding ten dollars, or by imprisonment in 
any place now provided by law for common druid^ards, 
for a term not exceeding one year. It shall not be neces- 
sary in complaints under this act to allege such previous 
convictions. 

Section 3. When it shall appear to the county com- 
missioners of any county, or in Suffolk county to the 
board of directors *of public institutions, that a person 
imprisoned under the provisions of section two of this 
act, in any jail, house of correction, or other place of pun- 
ishment in their respective jurisdictions, has reformed, 
they may issue to him a permit to be at liberty during the 
remainder of his term of sentence ; and the board that has 
issued such permit may revoke the same at any time pre- 
vious to the expiration of the original term of sentence. 
The state board of health, lunacy and charity may issue to 
persons confined in the state workhouse the permits au- 
thorized by this section. 

Section 4. Any court or trial justice having jurisdic- 
tion of criminal offences, when notified by the board issu- 
ing a permit that the same has been revoked, shall issue a 



Fine for drunk- 
enness not to 
exceed one 
dollar witliout 
costs. 



To be impris- 
oned for non- 
payment of fine. 



If convicted a 
third time, may 
be fined $10, or 
imprisoned. 



Prisoner may be 
permitted to be 
at liberty if 
reformed. 



Permit may be 
revoked. 



Warrant of 
arrest to be 
issued, if permit 
is revoked. 



172 



1880. — Chafi'er 222. 



Repeal of 
G. S. 165, §§ : 



Chap. 222 



City may occupy 
land in Boston 
for publio libra- 
ry buildiug. 



Boundaries. 



Buildinsr and 
land to be under 
conlrul of tbe 
trustees. 



Conditions of 
grant. 



warrant for the arrest of the person holding said permit, 
and shall remand him to the prison from which he was 
released, where he shall be detained according to the terms 
of his original sentence ; and in computing the period of 
his confinement, the time between his release upon said, 
permit and his return to the prison, shall not be taken to 
be any part of the term of the sentence : provided, hoiv 
ever, that if the person for whose arrest said warrant is 
issued is confined in any prison, service of such warrant 
shall not be made until his release from said prison. 

Section 5. Sections twenty-five, twenty-six and twen- 
ty-seven of chapter one hundred and sixty-five of the Gen- 
eral Statutes, and chapter three hundred and one of the 
acts of the year eighteen hundred and seventy-two, are 
hereby repealed. Api^roved April 22, ISSO. 

An Act in relation to the public library op the city of 

BOSTON. 

Be it enacted, &c., as follows : 

Section 1. The city of Boston is hereby granted per- 
petual right to hold, occupy and control, free of rent or 
charge b}- the Commonwealth, for the purpose of erecting 
and maintaining thereon a building for the use of the pub- 
lic library of said city, a parcel of land now owned by the 
Commonwealth and situated in that part of said city 
called the Back Bay, on the southerly corner of Dart- 
mouth and Boylston streets, bounded north-westerly by 
Boylston Street two hundred and sixty-four feet, north- 
easterly by Dartmouth Street one hundred and twenty-five 
feet, south-easterly by a private passage way twenty-five 
feet in width, two hundred and sixty-four feet, and south- 
westerly by other land of the Commonwealth one hun- 
dred and twenty -five feet, and containing thirty-three 
thousand square feet, more or less, together with all the 
right, title and interest of the Commonwealth in that j^art 
of said passage way adjoining said parcel, and with such 
rights as the Commonwealth may possess to close the same. 
The said library building and land shall be under the care 
and control of the trustees of the public library of the 
city of Boston, under the provisions of chaj)ter one hun- 
dred and fourteen of the acts of the year eighteen hundred 
and seventy-eight. This grant is made, however, subject 
to the following stipulations, namely : — the city of Boston 
shall within three years from the date of the passage of 
this act commence the erection of a library building on 
said parcel of land, and shall in respect to such erection be 



1880. — Chapter 223. 173 

subject to the restrictions heretofore contained in other 
conveyances by the Commonwealth of its land upon 
Boylston Street, and shall thereafter appropriately lay out 
and cultivate such ground around it as may not be occu- 
pied by the building itself, and shall thereafter keep said 
grounds and building in a neat and ornamental condition ; 
and that upon the opening of said library all the citizens aii citizens of 
of the Commonwealth shall have the perpetual right of accels'^to 
access thereto, free of charge, under such reasonable regu- 'i^^o-- 
lations as said trustees may from time to time establish. 

Section 2. In case the city of Boston shall after due Bunding to be 
notice given fail to commence the erection of the library th^elfyeai's."" 
building within three years, or shall use said land, or any 
portion thereof, for any purpose foreign to the uses for 
which it is granted, it shall be lawful for the Common- 
wealth, by its proper officers and servants, to take appro- 
priate action in the courts of the Commonwealth, to the 
end that said parcel of land, or portion thereof, may be 
declared forfeited by the city of Boston, and the title 
therein be re-vested in the Commonwealth. 

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

Approved April 22, 18S0. 

An Act to authorize the transfer of land on back bay Chap. 223 

TO THE state BOARD OF EDUCATION FOR THE USE OF THE 
STATE NORMAL ART SCHOOL. 

Be it enacted, &c. , as follmos : 

Section 1. The harbor and land commissioners shall Lot of land on 
reserve from sale, subject to the provisions of this act, the fj'st.rv^d n-om*' 
following described lot of land situated upon the Back ^^'^• 
Bay, so called, in the city of Boston, viz. : — 

Beginning at a point on the soutlierly line of Newbury Description of 
Street and on the westerly line of Exeter Street, thence '"'"'■ 
southerly and on the said westerly line of said street one 
hundred and twelve feet to a passage way sixteen feet 
wide ; thence westerly on the northerly line of said pas- 
sage way one hundred and thirty-nine feet; thence north- 
erly and parallel to the course first described one hundred 
and twelve feet to the southeily line of Newbury Street 
aforesaid ; thence easterly on said southerly line of said 
Newbury Street one hundred and thirty-nine feet to the 
point of beginning ; containing fifteen thousand five hun- 
dred and sixty-eight square feet of land. Also all that 
part of said passage way sixteen feet wide that lies north- 
erly of its centre line and between the easterly and west- 
erly lines of said premises extended, reference being had 



174 



1880. — Chapter 224. 



Buildinfrraaybe 
erected for 
normal art 
school, when 
money is 
obtained from 
private sources. 



If building is 
erected within 
three years, 
land to be con- 
veyed to board 
of education. 



to the plan recorded with Suffolk Deeds at the end of 
liber eight hundred and eighty-five. 

Section 2. The board of education are hereby author- 
ized to enter upon and occupy the lot of land reserved 
under the provisions of section one for the purpose of 
erecting a building for the use of the state normal art 
school as provided in section three, whenever money shall 
be subscribed and actually paid by private individuals 
sufficient to erect such building. 

Section 3. Whenever within three years from the 
passage of this act the state board of education shall have 
erected upon said lot, without cost to the Commonwealth, 
a building suitable for the state normal art school, the plans 
for which shall conform to the restrictions contained in 
the deeds heretofore given by the Commonwealth to private 
purchasers of land on Newbury Street and Exeter Street, 
and shall have been approved by the governor and coun- 
cil, the said board of harbor and land commissioners shall 
convey the above described lot of land to the state board 
of education and its successors, in trust for the Common- 
wealth, for the use of the said state normal art school, 
but subject to the provisions of section two of chapter 
thirty-four of the General Statutes and all amendments 
thereto. But if said building shall not be completed 
ready for use within three years from the passage of this 
act said land shall thereafter be subject to sale in the 
same manner as if this act had not been passed. 

Ai)proved April 22, 1880. 



Charter, etc., 
revived, and 
time tor loca- 
tion extended. 



Chap. 224 An Act to revive the charter of the lee and Hudson 

RAILROAD company. 

Be it enacted, &c., as follows: 

Section 1. Chapter one hundred and sixty-two of the 
acts of the year eighteen hundred and seventy-one, chapter 
one hundred and sixty-eight of the acts of the year 
eighteen hundred and seventy-three, and chapter three 
hundred and ninety-five of the acts of the year eighteen 
hundred and seventy-four, are revived and continued in 
force ; and the time for the location and construction of 
the road of the Lee and Hudson Railroad Company is 
extended for two years from the passage of this act. 

Section 2. This act shall take effect when it is accepted 
by a majority of the acting directors of the Lee and Hudson 
Railroad Company and by the persons recorded as stock- 
holders thereof representing a majority of the stock, at a 



Subject to 
acceptance by 
tbe acting 
directors and 
stockliolders. 



1880. — Chapter 225. 175 

meeting called for the purpose, said vote to be taken within 
six months from the passage hereof; and all the rights, 
duties and obligations of said company and all contracts Duties and 
and liabilities made or incurred by it shall be revived, not- ''"^'''**^^- 
withstanding the provisions of law in regard to the limita- 
tion of actions or proceedings for the recovery of damages, 
and made A'alid against said company. 

Section 3. All acts done under authority hereof shall Acts to be done 
be done in conformity with and subject to the provisions vKs^on/ofUie 
of the general railroad act of the year eighteen hundred f^^™^"'''^' miiroad 
and seventy-four and of all acts in amendment thereof, 
except as herein otherwise provided. 

Approved April 22, 1880. 



An Act in relation to registration and elections in the Chap. 225 

CITY OP boston. 

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

Section 1. Chapter two hundred and fortj'-three of Amendments to 
the acts of the year eighteen hundred and seventy-eight is ■^^'^'-*"^- 
amended as follows: — 

First, by striking out all of section six of said act, down 
to and including the word "precincts" in the fifth and 
sixth lines, substituting in place thereof the following : — 
"The assessors of taxes of the city of Boston shall, on or Listsofpre- 
before the fifteenth day of July in each year, cause street pHnted^for 
lists of the several voting precincts in saicl city to be i^rinted distribution, 
and compiled in pamphlet form for public distribution. 
Said compilation shall be by precincts, separately, not ex- 
ceeding fifty copies for each, arranged." 

/Second, by striking out section eight of said act. 

Third, by substituting in place of section nine of said 
act the following: — "Section 9. All corrections of corrections of 
assessed names upon tax bills shall be made by the board SiJi^rtat'bi'iK* 
of assessors, the registrars of voters, or assistant registrars, 
on a form of a certificate specially prepared for the pur- 
pose ; and all tax bills so changed, together with the 
certificates, shall be sl^amped witli an official stamp of 
the board making such change, before the person repre- 
sented by such tax bill shall be allowed to register as 
a voter. All certificates of names so changed shall be 
sent to the collector of taxes, who shall as soon as may 
be, after the first day of January in each year, make 
corresponding changes or corrections on the list of as- 
sessed polls committed to him by the board of assess- 
ors. The collector shall also transmit said certificates to 
the board of assessors, who shall before the first day of 



176 



1880. — CiiArTER 225. 



Identify and 
qualilioations 
applicant for 
registration. 



of 



Precinct lists 
voters to be 
posted. 



of 



Amendments 
1877, 60, § 6. 



March in each year make corresponding changes or cor- 
rections on the street books in their department." 

Fourth^ by inserting in line one of section eleven of said 
act after the word "ward," the words "or precinct." 

Fifths by amending section fifteen so that it shall read as 
follows : — "If the registrars are not satisfied as to the iden- 
tity or qualifications of an applicant for registration, they 
may make such examination of such applicant, under oath, 
as they may consider necessary or proper to^verify the fact 
that he is possessed of the constitutional requirements of a 
voter ; and said registrars, as soon after the second day of 
September in such year as may be necessary, shall hold 
evening sessions in or near each ward, for the performance 
of any and all the duties imposed upon them by the pro- 
visions of this act : ijrovided^ however, that they shall hold 
not less than ten evening sessions of not less than three 
liours' duration prior to the annual state and municipal 
elections. The collector of taxes shall assign a deputy to 
be present at all such meetings held before the annual 
state election for the collection of taxes. He shall also 
give public notice thereof by advertisements in at least 
two daily papers printed in Boston, one of which shall be 
an evening paper, and by a circular or card addressed to 
each person assessed for a poll tax only, and delivered 
through the mail or otherwise. Said circulars or cards 
shall be delivered on or before the second day of Septem- 
ber in each year. No tax bill for poll taxes only shall here- 
after be distributed to or for the person assessed before 
payment thereof. 

Section 2. All requirements of law in regard to the 
preparation, publication, posting or use of ward lists in 
the city of Boston shall be held to be complied with 
by the employment, in each precinct, of precinct lists, 
of like description in all respects, of all the legal voters 
therein. 

Section 3. Section six of chapter sixty of the acts of 
the year eighteen hundred and seventy-four, as amended 
by section three of chapter two hundred and thirty-five of 
the acts of the year eighteen hundred and seventy-seven, 
is amended so as to read as follows: — "The registrars 
shall, at least twenty-four days before the day of the 
annual state election, cause printed lists of the voters 
in each precinct to be posted in one or more places in 
such precinct, with notices thereon stating the place 
and hours in which they or the assistant registrars for 
such precinct will hold sessions to correct and revise 



1880. — Chapters 226, 227. 



177 



Amendments to 
1876, 225. 



the lists. If the assistant registrars refuse to place the 
name of any person on the voting list he may appeal to 
the board of registrars of voters." 

Section 4. The provisions of chapter two hundred and 
twenty-five of the acts of the year eighteen hundred and 
seven ty-six are, as far as they relate to the city of Boston, 
extended to the voting precincts therein in place of the 
wards. 

Section 5. Whenever there is a vacancy in the board Election to tiii 
of aldermen or common council in the city of Boston, by boarrof'" ^^^ 
failure to elect, removal from the city, death, resignation aWermen. 
or otherwise, it shall be the duty of said board of aldermen 
to issue their warrant in due form for an election to fill 
such vacanc}^ at such time and place as they may deem 
advisable ; but in case of a vacancy in the common council 
such warrant shall not be issued until the board of alder- 
men receive official notice of such vacancy. 

Section 6. Sections twentj^-one, twenty-two, twenty- Repeal of 
three and twenty-five of chapter four hundred and forty- 22^23! 25.^^^^' 
eight of the acts of the year eighteen hundred and fifty- 
four, and all acts and parts of acts inconsistent with this 
act are hereby repealed. Approved April 22, 1880. 

An Act to increase the salary of the justice and clerk Chap. 226 

OF the second district court of PLYMOUTH. 

Be it enacted, &c., as follows : 

Section 1. From the first day of May eighteen hun- 
dred and eighty the justice and clerk of the second dis- 
trict court of Plymouth shall each receive one hundred 
and fifty dollars, annually, in addition to the salary now 
authorized by law. 

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

Approved April 22, 1880. 

An Act to impose an excise tax upon life insurance com- Chap. 227 

panies. 

Be it enacted, &c., as follows: 

Section 1. Every corporation and association engaged Excise tax upon 

■^ 1,, , ., no 1 °.^ life insurance 



Salaries 
increased. 



within this Commonwealth, by its officers or by agents as 
defined by chapter one hundred and fourteen of the acts 
of the year eighteen hundred and sixty-four, in the busi- 
ness of life insurance, whether incorporated by authority 
of this Commonwealth or otherwise, shall annually pay an 
excise tax of an amount to be determined by assessment 
of the same upon a valuation equal to the aggregate net 

23 



companies. 



178 



1880. — Chapter 227. 



Sworn returns 
to be made to 
tax commis- 
sioner. 



Tax commis- 
sioner to assess 
and determine 
amounts to be 
paid. 



Certain persons 
and corpora- 
tions deemed 
residents of 
state. 



Penalties for 
neglecting to 
make return. 



value of all policies in force on the tliirty-first day of De- 
cember, then next preceding, issued or assumed by such 
corporation or association, and held by residents of the 
Commonwealth at the rate of one-half of one per centum 
per annum. 

Section 2. Every such coiporation chartered by this 
Commonwealth shall, annually, on or before the tenth day 
of May, make a return to the tax commissioner, signed 
and sworn to by its president and secretary, giving the 
number, date and class of tlie policies so held, the age of 
the assured life, and the aggregate net value of each group 
requiring a separate computation to determine their net 
value and the combined aggregate. In case of companies 
or associations chartered or organized by other authority 
than this Commonwealth, like returns shall be made by 
the general agent of the company or association a})pointed 
under the provisions of chapter sixty-eight of the General 
Statutes ; but a return made and sworn to by the presi- 
dent and secretary of the company may be accepted by 
the tax commissioner, and shall be binding upon the com- 
pany. The tax commissioner shall, upon such return and 
such other evidence as he may obtain, assess and deter- 
mine the amount to be paid by such corporation under 
the requirements of the first section of this act ; and the 
provisions of the eleventh, twelfth, thirteenth and seven- 
teenth sections of chapter two hundred and eighty-three 
of the acts of the year eighteen hundred and sixty-five, 
shall apply to the determination of the amount, notifica- 
tion, and time of payment of assessments under this act, 
except that notification shall be made to the secretary or 
general agent of the company or association instead of 
the tr-easurer. 

Section 3. For the purpose of this act all persons or 
corporations shall be deemed residents of this Common- 
wealth who, under the provisions of chapter eleven of the 
General Statutes, are made liable to taxation on account 
of personal property other than that mpiitioned in the 
first, second and third divisions of section twelve of said 
chapter, owned or held by or for them in trust, pledged, 
or otherwise. 

Section 4. Every corporation or association neglecting 
to make return as required by this act shall forfeit fifty 
dollars for each day of such neglect; and any corporation 
that wilfully makes false statements in any such return 
shalhbe liable to pay a fine of not less than five hundred 
nor more than five thousand dollars. All sums forfeited, 



1880. — Chapter 228. 



179 



and all taxes unpaid when due, by a corporation under 
this act, or any act amending this act, may be collected Ijy 
information in equity brought in the supreme judicial 
court in the name of the attorney-general, at the relation 
of the treasurer and receiver-general ; and upon such in- 
formation the court may issue an injunction restraining 
the further prosecution of the business, or of any part 
thereof, of the corporation named therein, until said sums 
forfeited as aforesaid, or said taxes due and unpaid as 
aforesaid are paid, together with interest and the costs of 
the information, and until the returns required by this 
act, and any act amending this act are made. 

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

Ajjproved April 22, 1880. 

An Act concerning accounts of savings banks and institu- Chap. 228 

TIONS for savings. 

Be it enacted, <fcc., as folloivs : 

Section 1. The commissioners of savings banks may 
prescribe the manner and form of keeping and auditing 
tlie books and accounts of any 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 and 
amount of open accounts of fifty dollars and less, the 
number and amount of open accounts exceeding fifty dol- 
lars and not more than one hundred dollars, the number 
and amount of open accounts exceeding one hundred dol- 
lars and not more than two hundred dollars, the number 
and amount of open accounts exceeding two hundred dol- 
lars and not more than five hundred dollars, the number 
and amount of open accounts of one thousand dollars or 
more ; also the number and amount of open accounts to 
the credit of females, guardians, in trust, and religious 
and charitable associations respectively. The above re- 
turn shall be made whenever called for by the savings 
bank commissioners. 

Section 3. Chapter two hundred and eighty-five of 
the acts of the year eighteen hundred and seventy-nine is 
herel)y repealed. 

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

Approved April 22, 1880. 



Commissioners 
may prescribe 
form of Iseeping 
and auditing 
books. 



Treasurers to 
make returns 
of certain open 
accounts, wlien 
called for by 
tbe commis- 
sioners. 



Repeal of 
1879, 285. 



180 



1880.— Chapters 229, 230. 



Chap. 229 An Act to amexd chapter fifty-oxe of the general stat- 

TTES IN RELATION TO WEIGHTS AND MEASURES. 



Towns to be 
furni.shed with 
standard 
weiglits and 
measures. 



Repeal of 
G. S. 51, § 4. 



Be it enacted^ &c., as follows : 

Section 1. The treasurer shall furnish to each town 
not heretofore provided therewith, and to towns that may 
hereafter be incorporated, coinj)lete sets of standard, 
weights and measures, such as each town is by law 
required to keep for the use of its inhabitants. 

Section 2. Section four of chaj)ter fifty-one of the 
General Statutes is hereby repealed. 

Ajwoved April 22, 1880. 



Assistant 
inspector of gas 
meters, to be 
appointed by 
governor. 



Salary of, 
$1,200 a year. 



Chap. 230 An Act in addition to " an act for the inspection of gas 

METERS, THE PROTECTION OF GAS CONSUMERS, AND THE PRO- 
TECTION AND REGULATION OF GAS LIGHT COMPANIES." 

Be it enacted, &c., as follows: 

Section 1. The governor shall with the advice and. 
consent of the council appoint an assistant inspector of 
gas meters and of illuminating gas, who shall assist in 
performing the duties of the inspector under his direction. 
He shall hold his office for three years from the date of 
his appointment, unless sooner removed, and shall receive 
a salary of twelve hundred dollars per year, to be col- 
lected and paid in the same manner as is now provided by 
law for the salary of the inspector. He shall be subject 
to all the conditions, disabilities and responsibilities now 
imposed by law upon the inspector, except that the 
amount of the bond to be furnished by him shall be two 
thousand dollars. 

Section 2. The inspector and his assistant shall be 
paid in addition to their salaries all actual travelling ex- 
penses necessarily incurred by them in the performance 
of their duties, the amounts to be collected and paid in 
the same manner as is now provided for said salaries. 

Section 3. No meter shall be used for measuring gas 
supplied to a consumer unless it be sealed and stamped in 
the manner required by law ; and for every meter not so 
sealed and stamped, in use after the first day of July 
eighteen hundred and eighty, a fine of five dollars shall 
be paid to the city or town where such meter is situated 
by the gas company supplying the same. 

Section 4. Every gas light company annually manu- 
facturing more than fifteen million cubic feet of gas shall 
provide a suitable room, at least a quarter of a mile from 
the gas works, containing a disc photometer of a construc- 



Inspector and 
assistant to be 
paid travelling 
expenses. ' 



Meters to be 
sealed. 



Penalty. 



Company to 
provide a suita- 
ble room con- 
taining a disc 
photometer. 



1880. — Chapter 231. 



181 



tiou approved by the inspector ; and this room shall be 
open to the inspector and his assistant every working day 
from eight a.m. to six P.M. 

Section 5. The gas of every company supplying more 
than fifty consumers shall be inspected at least twice a 
year, and one additional inspection shall be made for 
every four million cubic feet of gas supplied by each com- 
pany : provided, that the gas of no company shall be in- 
spected oftener than once a week. All such inspections 
shall be made by the inspector or his assistant, and one- 
fourth at least of all such inspections shall be made by the 
inspector. The gas shall be tested for illuminating power 
by means of a disc photometer ; and during such test shall 
be burned from the burner best adapted to it which is at 
the same time suitable for domestic use, and at as near the 
rate of five feet per hour as is practicable. Whenever 
the gas of any company shall be found on three consecu- 
tive inspections to give less light than fifteen standard 
English candles, or to contain more than twenty grains of 
sulphur or ten grains of ammonia per hundred cubic feet 
of gas, or more than ten per cent, of carbonic oxide, or 
any sulphuretted hydrogen, a fine of one hundred dollars 
shall be paid by such company to the city or town sup- 
plied by it ; but no fine for any impurities found before 
the first day of September, eighteen hundred and eighty 
shall be imposed. Whenever during the test the con- 
sumption of gas shall vary from five feet per hour, or the 
candle from one hundred and twenty grains per hour, a 
proportionate correction shall be made for the candle 
power. 

Section 6. Section seven of chapter one hundred and 
sixty-eight of the acts of the year eighteen hundred and 
sixty-one is hereby amended by inserting after the word 
" apparatus " the words " and chemicals." 

Section 7. Sections six and ten of chapter one hun- 
dred and sixty-eight of the acts of the year eighteen 
hundred and sixty-one are hereby repealed. 

Approved April 22, 1880. 



Inspection 
of gas. 



Gas to be 
ti'sted by means 
of a disc 
photometer. 



Companies to 
be fined for 
impurities. 



Amendment to 
1868, 168, § 7. 



Repeal of 
1861, 168, §§ 6, 
10. 



Ax Act coxcerxing the care of abaxdoxed axd abused Chap. 231 

CHILDREX. 

Be it enacted, &c., as folloios : 

The Hampden County Children's Aid Association shall Association 

have the same rights, privileges and authority relating to "J;|-^;,|',f,,.d 

the guardianship, custody and control of minor children guaniian, etc., 

residing in Hampden Coimty, as are given by chapter one ^ ^'^^^^ ' 



182 



1880. — CuArTER 232. 



hundred and seventy-nine of the acts of tlie j^ear eighteen 
hundred and seventy-nine to The Massachusetts Society 
for the Prevention of Cruelty to Children, and the probate 
court for said county and judges or justices of other courts 
sitting therein, shall have the same right to appoint the 
said association guardian, or to give it the custody of 
such children, that they have under said chapter to ap- 
point the said Massachusetts Society for the Prevention of 
Cruelty to Children, or to give it custody in like cases : 
Powers given to provided, that uotliing in this act or in said chapter shall 
etc!! not to be ' limit the powers given to the board of health, lunacy and 
'""***'''• charity by existing laws. Ai^proved April 22, 18S0. 



Policies not to 
be forfeited 
after two full 
annual pay- 
ments have 
been made. 



Insurance and 
value upon 
default of pay- 
ment of third or 
subsequent an- 
nual premium. 



Chap. '2,Z'2 An Act limiting the forfeiture of policies in life insur- 
ance COMPANIES. 

Be it enacted, &c., as foUoios: 

Section 1. No policy of life or endowment assurance 
issued by any company incorporated or organized under 
the laws of this Commonwealth shall become forfeited or 
void for non-})ayment of premium after two full annual 
premiums shall have been paid thereon, in cash or note, or 
both ; but upon default in any subsequent i:)remium pay- 
ment such policy sliall become subject to the conditions 
hereinafter expressed. 

Section 2. In case of default in the payment of a 
third or of any subsequent annual premium on any policy 
issued as aforesaid, then such policy, without further nego- 
tiation or stipulation, shall be binding upon the company 
for an amount of paid-up insurance which the then net 
value of the policy, less any indebtedness of the assured 
to the company and a surrender charge as hereinafter 
provided, will purchase as a net single premium for life or 
endowment assurance, maturing or terminating at the 
same time and in the same manner as provided in the 
original policy contract; that is to say, no condition of 
the policy contract, other than for the payment of pre- 
miums, shall be affected by the provisions of this act ; nor 
shall any change be made in the terms of said contract on 
account of default in premium payment, after two full 
annual premiums have been paid as provided in section 
one of this act, except as herein set forth. The net value 
of the policy including all dividend additions declared 
thereon at the date of said default, shall be ascertained 
according to the combined experience or actuaries' rate of 
mortality, with interest at four per cent, per annum ; and 



Net value of 
policy. 



1880. — Chapter 233. 



183 



Determination 
of surrender 
charge. 



Surrender value 
payable in cash. 



from such value sliall be deducted any indebtedness of 
the insured to the company, or notes held by the company 
against the insured, and a surrender charge to be deter- 
mined as hereinafter provided. 

Section 3. Said surrender charge shall be determined 
as follows: — Assuming the rate of mortality and interest 
aforesaid, the present value of all the normal, future 
yearly costs of insurance, which by its terms said policy is 
exposed to pay in case of its continuance, shall be calcu- 
lated, and eight per cent, of this sum shall be the legal sur- 
render charge. 

Section 4. Whenever after the payment of two an- 
nual premiums as aforesaid the insurable interest in the 
life of the insured has terminated, the net value of the 
policy, subject to the conditions named in section two of 
this act, shall be a surrender value payable in cash : pro- 
vided^ also, that upon the termination of such insurable 
interest the holder of any policy upon which by its terms 
no further premiums are payable, may upon any anniver- 
sary thereof claim and recover in cash from the company 
a surrender value computed as aforesaid ; and provided, 
further, that upon policies of prudential or industrial 
insurance, on which the premiums are five cents per week 
and upwards, but not exceeding fifty cents, the said sur- 
render value shall in all cases be payable in cash. 

Section 5. The insurable interest named in section 
four of this act shall be construed to have terminatecl 
when the insured has no minor or dependent child ; and 
his wife, if he has one, and any living beneficiary or bene- 
ficiaries named in the policy shall join in the application 
for surrender thereof. 

Section 6. The provisions of chapter one hundred 
and eighty-six of the acts of eighteen hundred and sixty- 
one shall not appl}^ to any policy issued subsequent to the 
thirty-first day of December, eighteen hundred and eighty. 

Section 7. This act shall take effect on the first day 
of January, eighteen hundred and eighty-one. 

Approved April 23, 1880. 

An Act in relation to the estates of deceased persons. Chap. 233 
Be it enacted, &c., as follows: 

Section 1. Whenever judgment shall have been ren- judgment 
dered against the estate of a deceased person which has yfnt ettatTd' 
been rendered insolvent, and certified co])ies from the pro- deceased 

, . , • 1 1 -J. person. 

bate court showing such representation and the appoint- 
ment of commissioners of insolvency shall have been filed 



Termination 
of insurable 
interest. 



Provisions of 
1861, 186, nut 
to apply to 
policy issued 
after'Dec. 31, 
1880. 



184 1880. — Chapters 234, 235. 

in the clerk's office of the court in which the judgment 
was rendered, no execution shall be issued thereon, or 
enforced. But such judgment may be presented for al- 
lowance to the commissioners ; otherwise the proceedings 
touching such judgment shall be the same as with judg- 
ments rendered on appeal from commissioners of insol- 
vency. 

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

Approved April 23, 1880. 

Chap. 234 An Act in addition to an act to incorporate the Massa- 
chusetts CILVRITABLE MECHANIC ASSOCIATION. 

• Be it enacted^ &c., as follows: 

Real and per- The Massachusctts Charitable Mechanic Association is 

vXeof^^*** hereby authorized to hold real and personal estate to the 

$300,000. value of three hundred thousand dollars, in addition to 

the amount it is now authorized to hold, and the income 

of the same shall be applied to the same purposes as are 

specified in the former acts concerning said association. 

Approved April 23, 1880. 

Chap. 235 An Act to incorporate the newbdrtport water company. 

Be it enacted, &c., as follows: 
Corporators. SECTION 1. Joscph B. Morss, William H. Huse, 

Edward F. Coffin, Edward P. Russell, Henry M. Cross 
and Lawrence B. Cushing, their associates and successors, 
are hereby made a corporation by the name of the New- 
Name and buryport Water Company, for the purpose of furnishing 
purpose. ^Y\e inhabitants of Newburyport with pure water for the 
extinguishment of fires, and for domestic and other pur- 
Powersand poscs ; With all the powcTS and privileges, and subject to 
duties. ^Y[ the duties, restrictions and liabilities set forth in all 
general laws which now are or hereafter ma}'- be in force 
applicable to such corporations. 
May take water SECTION 2. Said corporatiou for the purposes aforesaid 
Pond^nd^**"'^ ^^J take and hold the water or so much thereof as may 
Powow River. \,q neccssary not exceeding one and a half million of gal- 
lons daily, of any springs, natural ponds or brooks within 
the hmits of said city, or of Kimball's Pond in the towns 
of Amesbury and Merrimac, or any of the effluents from 
said pond, or from the Powow River in said town of Ames- 
' bury and the town of Salisbury; and may convey said 
waters or any part thereof, into and through said city and 
said towns of Amesbury and Salisbury ; and may take 
and hold by purchase or otherwise any real estate neces- 



1880. — Chapter 235. 



185 



sary for the raising, preservation and purity of the same, 
or for forming clams or reservoirs to hold the same, and 
for laying and maintaining aqueducts and pipes for dis- 
tributing the waters so taken and held in any and all parts 
of said city and towns of Amesbury and Salisbury ; and 
may lay its water pipes through any private lands, with 
the right to enter upon the same and dig therein for the 
purpose of making all necessary repairs or service connec- 
tions ; and for the purposes aforesaid may carry its pipes 
under or over any w^ater-course, street, railroad, highway 
or other way, in such manner as not to obstruct the same ; 
and may enter upon and dig up any road or other way for 
the purpose of laying or repairing its aqueducts, pipes or 
other works ; and in general may do other acts and things 
convenient or proper for carrying out the purposes of this 
act. In case either of the towns in which said Kimball's 
Pond is situated, should hereafter apply for authority to 
take water from the same, the powers hereby granted shall 
not be construed as creating any priority of right, or 
operate in the prejudice of such application. 

Section 3. Said corporation may declare the quantity 
of water proposed to be taken under this act, not exceed- 
ing one and a half million of gallons daily, not less than 
three months before the waters shall be withdrawn from 
said springs, ponds or brooks ; and within sixty days from 
the time it shall take any lands, springs, ponds or brooks 
for the purpose of this act, otherwise than by purchase, 
said corporation shall file in the registry of deeds for the 
southern district of the county of Essex a description of 
such lands, springs, ponds, brooks or water, sufficiently 
accurate for identification, and state the purposes for 
which it is so taken, and the title of any land so taken 
shall vest in said corporation ; and upon such filing the 
terms shall be the measure and limit of the right of said 
corporation to take and divert the waters of such springs, 
ponds or brooks ; but if no such notice is filed said 
measure and limit shall be one and a half million of gallons 
daily. If at any time said corporation shall take a larger 
quantity of water than said limit, it may be restrained by 
injunction from taking such larger quantity, in a suit in 
equity brought by any party interested. 

Section 4. Any person or corporation injured in any 
way by any 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 ; 

24 



May lay pipes 
through private 
lands. 



May enter upon 
and dig up 
roads. 



May declare 
quantity of 
water to be 
taken. 



To file in regis- 
try of deeds 
description of 
land, etc., 
taken. 



Assessment of 
damages. 



186 



1880. — Chapter 235. 



If water is 
taken from 
Kimball's Pond 
or Powow 
River, main 
pipe to be laid 
throutcli 
Amesbury. 



Towns may 
require 
hydrants to be 
inserted. 



Penalty for 
diverting water 
or rendering it 
impure. 



but no application shall be made to the county commis- 
sioners for the assessment of damages for the taking of 
water rights until the water is actually taken and diverted 
by said corporation. Any person whose water rights are 
thus taken or affected may apply as aforesaid within three 
years from the time the water is actually' withdrawn or 
diverted, and not thereafter wards ; and no suit for injury 
done under this act sliall be brought after two years from 
the alleged date of the receipt of injury. 

Section 5. If said corporation takes the water from 
Kimball's Pond or any of its efHueiits, or from Powow 
River, it shall lay its ac^ueduct or main pipe for conducting 
the same to said city by some convenient route through 
the town of Araesbury. The inhabitants of any town 
upon the line of the works authorized by this act, upon 
the application of its board of selectmen, shall be entitled 
to the reasonable use of the water, for the same uses as 
are herein before provided, upon pajdng an equitable com- 
pensation therefor, which in case of difference shall be 
determined by three commissioners to be appointed by the 
supreme judicial court upon application of either party, 
and notice to the other, whose award when accepted by 
the court shall be binding upon the parties for the term of 
five years. 

Section 6. Any town under whose roads, streets or 
ways said corporation lays its aqueducts or main pipe, may 
require said corporation to insert therein proper hydrants, 
at points not less than five hundred feet apart, to be used 
for extinguishing fires and for no other purpose. The 
expense of inserting said hydrants and keeping the same 
in repair sliall be paid by such town. 

Section 7. If any person shall use any water taken 
under this act without the consent of said corporation, or 
shall wantonly or maliciousl}' divert the water or any part 
therof, taken or held by said corporation pursuant to the 
provisions of this act, or corrupt the same or render it im- 
pure, or destroy or injure diiy dam, aqueduct, conduit, 
pipe, hydrant, machinery or other works or property held, 
owned or used by said corporation, under the authority of 
and for the purposes of this act, he shall forfeit and pay 
to said corporation three times the amount of damage 
assessed therefor, to be recovered in an action of tort ; and 
on conviction of either of the wanton or malicious acts 
aforesaid may be also punished by fine not exceeding 
three hundred dollars or by imprisonment in jail not ex- 
ceeding one year. 



1880. — Chapter 235. 



187 



Section 8. Said corporation may distribute the water 
througli said city of Newburyport ; may establish and fix 
from time to time rates for the use of said water and col- 
lect the same ; and may make such contracts with the said 
city of Newburyport or with individuals or corporations 
to supply water for fire or for other purposes as ma}^ be 
agreed upon by said city or individuals or corporations, and 
said corporation ; provided^ that the source of supply, the 
size and quality of the pipes to be used, shall be approved 
by the board of water commissioners to be appointed under 
tile provisions of this act. The city of Newburyport is 
hereby authorized to contract for a supply of water for 
fire purposes for a term of years with said Newburyport 
Water Company; provided, the same is assented to by said 
city by a majority vote of the voters present and voting 
thereon at a legal meeting called for that purpose. 

Section 9. Said corporation for the purposes set forth 
in this act may hold real and personal estate, and the 
Avhole capital stock shall not exceed three hundred thou- 
sand dollars to be divided into shares of one hundred dol- 
lars each. 

Section 10. The city of Newburyport is hereby author- 
ized to appoint a board of water commissioners, to consist 
of five citizens of said city, who shall be chosen by the 
city council by joint ballot of both branches, whose duties 
it shall be to investigate all questions relative to the intro- 
duction of pure water into said city ; to ascertain the cost 
of the same ; and report the result of the investigation 
and deliberations upon the same to the city council at least 
ten days prior to the time appointed by section twelve of 
this act for said city to vote upon the acceptance of chap- 
ter two hundred and forty of the acts of the year eighteen 
hundred and seventy-eight. They shall serve without 
compensation, but the necessary expenses and liabilities 
incurred in the employment of engineers and personal ex- 
amination of various systems of water supply shall be 
defrayed by said city ; and the city council shall appropri- 
ate such sum or sums of money as may be needed for this 
purpose and in the same manner as money is appropriated 
for other city purposes. 

Section 11. The city of Newburj-port shall have the 
right at any time after ten years from the date of the com- 
pletion of said works to purchase the corporate property 
and all the rights and privileges of said company at a price 
which may be mutually agreed upon between said corpo- 
ration and the said city of Newburyport ; and the said cor- 



May fix water 
rates and col- 
lect the same. 



Proviso. 



Real and per- 
sonal estate. 



Capital stock 
and shares. 



Board of water 
commissioners 
to be appointed. 



r'ity may pnr- 
chaK(' ri^^lits and 
property. 



188 



1880. — Chapter 236. 



In case of 
acceptance of 
1878, '240, by 
Newburyport, 
this act to be 
inoperative. 



poration is authorized to make sale of the same to said 
city. In case said corporation and city are unable to 
agree, then the compensation to be paid shall be deter- 
mined by three commissioners to be appointed by the su- 
preme judicial court, upon application of either part}^ and 
notice to the other, whose award when accepted by the 
court shall be binding upon both parties. And this author- 
ity to purchase said franchise and property is granted on 
condition that the same is assented to by said city by a 
two-thirds vote of the voters present and voting thereon 
at a meeting called for that purpose. 

Section 12. In case the city of Newburyport shall 
accept chapter two hundred and forty of the acts of the 
year eighteen hundred and seventy-eight as revived and 
continued by chapter two hundred and forty of the acts 
of the year eighteen hundred and seventy-nine, within two 
months from the date of the passage of this act, 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 inoperative, otherwise this act shall take effect 
at and upon the expiration of the said two months, and 
the said chapter two hundred and forty of tlie acts of the 
year eighteen hundred seventy-eight as revived by chapter 
two hundred and forty of the acts of the year eighteen 
hundred seventy-nine shall become void. 

Apjrroved April 23, 1S80. 



Chap. 236 



Commissioners 
to be appointed 
to apportion 
cost of con- 
structing bridge 
over Connecti- 
cut River. 



An Act relative to the apportionment of the cost of con- 
structing AND maintaining A BRIDGE OVER CONNECTICUT RIVER 
between AGAWAM and SPRINGFIELD. 

Be it enacted, &c., as follows: 

Section 1. At any time within six months from the 
passage hereof, the supreme judicial court or any justice 
thereof, upon the written application of the city of Spring- 
field or town of Agawam, shall appoint a board of com- 
missioners consisting of three suitable and disinterested 
persons, not residents of Hampden County, who having 
been duly sworn to the faithful and impartial discharge of 
their duties, shall after due notice to all parties interested 
and after a hearing determine and decree the amount of 
special benefits said city and town receive from the bridge 
over the Connecticut River constructed under the provis- 
ions of chapter two hundred of the acts of the year eigh- 
teen hundred and seventy-three. 



1880. — Chapters 237, 238. 



189 



Section" 2. If said commissioners shall find that the if spociai bene, 
special benefits of said bridge to said city and town do the amoun^s*"^ 
not equal the cost of the bridge including all land dama- j'e'p^fd ^y""^ ^° 
ges and expenses as they appear in the report of the couuty. 
count}' commissioners on file in the office of the clerk of 
the supreme judicial court for said county, then they shall 
determine and decree that said Hampden County shall 
jDay to said city and town the amount that each has paid 
or become liable for on account of the construction of said 
bridge in excess of the l)enefit it receives therefrom ; and 
their determination and decree or that of the major part 
of them shall be made in writing and reported to the 
supreme judicial court or any justice thereof; and when 
the same is accei:)ted and judgment entered thereon by 
the said court it shall be binding upon all parties inter- 
ested therein. Said commissioners shall also determine 
and decree who shall pay their reasonable fees and ex- 
penses. 

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

Approved April 23, 1880. 

An Act to legalize the action of the town of stoughton at Chap. 237 

A meeting held the fifth day of APRIL EIGHTEEN HUNDRED 
AND EIGHTY, CONCERNING THE BUILDING OF A TOWN HALL. 

Be it enacted, &c., as follotvs : 

Section 1. The action of the town of Stoughton at 
its last annual meeting, held on the fifth day of April in 
the year eighteen hundred and eighty, with reference to 
the issuing of bonds by the town in payment for a town 
liouse, is hereby ratified, legalized and made valid. 

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

Approved April 23, 1880. 

An Act to amend an " act to incorporate the cape cod ship Chap. 238 

CANAL company." 

Be it enacted, &c., as follows: 

Section 1. Chapter thirty-six of the acts of the year 
eighteen hundred and seventy is hereby amended by in- 
serting in section two after the word " wharves," the word 
" basins ;" by inserting in section two after the words 
" for the convenient using of said canal," the Avords 
" together with the highwaj's provided for by this act, 
and any act in amendment thereof;" by inserting in sec- 
tion four of said act after the word " breakwaters," the 
word " basins ; " by inserting in said section four after the 



Action of town 
meeting ratified. 



Amendments to 
1870, 36, §§ 2, 4, 
5,24. 



190 1880. — Chafter 238. 

word " gates," the word " highways ; " by striking out 
the word " may," in the last clause of section five of said 
act, and ioserting instead the word " shall ; " by inserting 
in section twenty-four of said act after the word " act," 
the words " below high water mark ; " and by striking out 
wherever they occur in said act the words " Cape Cod 
Railroad Company," and substituting therefor the words 
•' Old Colony Railroad Company." 
Amendment to Sp^ctioN' 2. Scctiou eight of Said act is hereby amended 
18/0, 36, §8. by inserting after the word " crossing," the Avords ''and 
the location of the canal company at the crossing ; " 
and by striking out of said section all that follows the 
words " as in the case of the construction of railroads," 
and substituting tlierefor the words following, to wit: — 
To huiuibridge "And the Cape Cod Ship Canal Company shall also 
acios.s canal. build, maintain and keep in repair to the satisfaction of 
the railroad commissioners, a biidge across said canal, 
suitable for the passing of the railroad, and also for the 
passing of the highway at the point fixed upon as above 
j)rovided, which said bridge shall have a suitable draw for 
the passage of vessels ; and said railroad company shall 
appoint a steady and discreet superintendent and all 
necessary assistants for such drawbridge who shall be paid 
a reasonable compensation by said cana^l company. 8aid 
superintendent shall be experienced in the management of 
vessels, and shall have full control and direction of the 
passing of vessels through the draw, and of trains over the 
bridge, and with said assistants shall be subject to such 
rules and regulations not inconsistent with law as said 
railroad and canal company shall from time to time pre- 
scribe for the operation of said bridge ; but such rules and 
regulations shall be subject to approval and alteration by 
the railroad commissioners. And said su];)erintendent and 
assistants shall be subject to removal by said railroad com- 
missioners. And railroad passenger trains shall have pre- 
cedence over vessels, when there is occasion for such 
trains to pass said bridge ; but freight trains shall not 
have such precedence, unless the railroad commissioners 
shall so determine." 
Amendment to SECTION 3. Scction fourtccn of Said act is hereby 
18.0, 3b, §14. amended to read as follows, to wit: — "The provisions 
relating to drawbridges contained in sections one hundred 
and nine to one hundred and thirteen of chapter three 
hundred and seventy-two of the acts of eighteen hundred 
and seventy-four, shall extend to said bridge so far as 
applicable, except that the word "fifteen" in the tenth 



1880. — Chapter 239. 191 

line of section one hundred and ten, shall for the purpose 
of this act be erased and "five" substituted in its place. 
And the same penalties and forfeituies provided in section 
one liundred and fourteen of said statute shall also be in 
force, and may be recovered of the Old Colony Railroad 
Company, or any engineer, or any superintendent of said 
bridge, in like manner as therein provided for the viola- 
tion of any of the provisions of section one hundred and 
eleven, one hundred and twelve, and one hundred and 
thirteen of said chapter three hundred and seventy-two, 
or of the rules and regulations provided for b}' section 
eight of this act as amended." 

Section 4. Section sixteen of said act is hereby Amemimentto 
amended to read as follows, to wit: — "The said canal i'""'^^^, § ib. 
company shall also construct such highways to connect 
witlj the bridge and ferries provided for in sections eight 
and fifteen of this act, and such other highways as may 
1)6 necessary to replace the highways destroyed by the 
constiuction of said canal, as the county commissioners for 
the county of Barnstable shall prescribe, upon each side of 
said bridge and ferries. And after the completion of such 
highways, and their acceptance by the said county com- 
missioners, the said canal company shall not be respon- 
sible in any manner for the further maintenance of the 
same." 

Section 5. The said corporation shall file a new loca- To file a new 
tion of its canal to the satisfaction of the railroad eommis- canai'.°"'^ 
sioners, in the manner })rovided by chapter one hundred 
and thiity-five, acts of eighteen hundred and seventy- 
eight, for filing railroad locations, on or before the first 
day of July eighteen hundred and eighty. In case of fail- 
uie so to do, all powers granted to said corporation l)y 
chapter thirty-six of the acts of eighteen hundred and 
seventy, and all acts amending the same, shall be revoked 
and repealed. 

Section 6. All acts and part of acts inconsistent with uepeai. 
this act are hereby repealed. 

Section 7. This act shall take effect upon its passage. 

A2)proved April 23, 1880. 

Ax Act to amend ax act rkgulatixg the sale of ixtoxi- Chaj). 239 

CATIXG LIQUOKS. 

Be it enacted, etc., as folloivs : 

Section 1. Each license of the first, second or third License to 

class, to sell intoxicating liquors under the provisions wWcViiqu'.'" '" 

of cluipter ninet3'-nine of the acts of the year eighteen "'-"y ij^^oki. 



192 



1880. — Chapter 239. 



Proviso. 



Entrances, 



hundred and sevent3'-five, shall specify the room or rooms 
in which such liquors shall be sold or kept. No person 
licensed as aforesaid shall keep, sell or deliver any such 
liquors in any room or part of a building not specified in 
his license as aforesaid : provided^ that this' section shall 
not apply to persons holding an innholder's license. A 
violation of the provisions of this section shall render a 
license subject to forfeiture as provided by law in case of 
a viohition of the conditions of a license. 

Section 2. The board granting a license to sell intoxi- 
sfrTet.'ma^bl'^^ catiug liquors, under the provisions of said chapter ninety- 
requiied to be niuc, may rcquirc the licensee to permanently close all 
entrances to the licensed premises other than those from 
the public street or streets upon which such premises are 
located, and may so specify in the license, and in such 
case the construction or opening of any such entrance 
shall of itself make void the license. And said board 
may at any time rec^uire the licensee to remove any screen, 
blind, shutter, curtain, partition, or painted, ground or 
stained ghiss window, or any other obstruction which 
shall interfere with a view of the interior of the licensed 
premises. 

Section 3. Chapter ninety-nine of the acts of the year 
eighteen hundred and seventy-five is hereby amended by 
adding to the fourth condition in the sixth section the 
following words: — "and that no sale or delivery of in- 
toxicating liquor shall be made to a minor for his parent's 
use or for the use of any other person, or to a person who 
is known to have been intoxicated within the six months 
next preceding." 

Seciton 4. Whenever a judgment, recovered in favor 
of any person for injuries resulting from the sale or gift of 
intoxicating liquors under the provisions of chapter two 
hundred and ninety-seven of the acts of the year eighteen 
hundred and seventy-nine, against any person licensed to 
sell intoxicating liquors, shall remain unsatisfied for the 
period of thirty days after the entry thereof, the board 
granting such license shall revoke the same, and no license 
shall be granted to the person against whom such judg- 
ment has been recovered until the same is satisfied. 

Section 5. Section eighteen of chapter ninety-nine of 
the acts of the year eighteen hundred and seventy-five 
is hereby amended by adding at the end thereof the fol- 
lowing words : — " any beverage containing more than three 
per cent, of alcoliol, by volume, at sixty degrees Fahrenheit, 
shall be deenied to be an intoxicating liquor within the 
meaning of this act." 



Screens, blinds, 
etc., may be 
required to be 
removed. 



Sale not to be 
made to a minor, 
etc. 



If judgment 
for injuries 
remains unsatis- 
fied for thirty 
days, license to 
be revoked. 



Intoxicating 
liquor. 



1880. — Chapters 240, 241, 242. 1^3 

Section 6. Whoever violates any of the provisions of Penalties, 
this act shall be punished in the manner provided by law 
for the punishment of persons illegally selling spirituous 
or intoxicating liquors. 

Section 7. Municipal, district and police courts, and junsdiction. 
trial justices, shall have jurisdiction concurrent with the 
superior court over violations of this act. 

Section 8. This act shall take effect upon the first to take effect 
day of May of the current year. ^^ ' 

Approved April 23, 1880. 

An Act to fix the compensation of certain employes op Chap. 240 

THE executive DEPARTMENT. 

Be it enacted, &c., as follows : 

Section 1. The messenger and assistant messenger in saianes 
the executive department, shall receive per year, and at '"""•^^"'^'i- 
the same rate for any fraction thereof, in full compensa- 
tion for their services, the following sums, to wit : — The 
messenger, nine hundred dollars, and the assistant messen- 
ger, seven hundred 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 April, eighteen hundred and eighty. April i, mo. 

Ajyproved April 24, 1880. 
An Act to authorize the town of sterling to raise money Chap. 241 

FOR celebrating THE CENTENNIAL ANNIVERSARY OF ITS IN- 
CORPORATION. 

Be it enacted, &c., as folloivs : 

Section 1. The town of Sterling is hereby authorized May raise 
to raise money, by taxation the present year, to an amount ™?ebration of 
not exceeding five hundred dollars, for the purpose of fncwporatfonf 
commemorating, on the twenty-sixth day of April in the 
year eighteen hundred and eighty-one, the centennial 
anniversary of its incorporation, and for publishing the 
doings of said celebration. 

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

Approved April 24, 1880. 
An Act to confirm the taking of land for a highway, to Chap. 242 

AUTHORIZE THE EXCHANGE OF LAND, AND OTHER ACTS IN 
connection "WITH THE HOOSAC TUNNEL AND TROY AND GREEN- 
FIELD RAILROAD IN GREENFIELD. 

Be it enacted, &c. , as folloivs : 

Section 1. The taking of lands of the Commonwealth Taking land of 
for a highway from Main Street in Greenfield to the site uy commisBion- 



194 



1880. — Chapter 243. 



ers of Franklin 
County, ratified. 



Land may be 
exchanged, etc. 



Retaining wall. 



Telegraph com- 
pany may use 
wires and poles 
belonging to 
railroad. 



of the union passenger station in that town by the 
county commissioners of Franklin county, as described 
and shown on a plan filed by them in the office of the 
clerk of courts of that county, is ratified and declared to 
be a valid taking, and said lands are dedicated to the pur- 
poses of such hio-hway. 

Section 2. The governor with the advice and consent 
of the council is authorized to exchange any land of the 
Commonwealth on either side of said highway with any 
person for such other land as they may deem necessary for 
the use' of the Troy and Greenfield Railroad, and the land 
so exchanged shall be conveyed by deed of quitclaim exe- 
cuted by the treasurer and receiver-general. 

Section 3. The said county commissioners may au- 
thorize the manager of said railroad to build a retaining 
wall east of the embankment of said highway to protect 
the same on any part of the land referred to in the first 
section of this act, and to use thereafter the land allowed 
for the embankment not exceeding twelve feet in width 
for the purposes of said railroad. 

Section 4. The manager under the direction of the 
governor and council shall allow any telegi-aph company 
doing commercial business to use the right of way of the 
Troy and Greenfield Railroad and the wire and poles be- 
longing to the Troy and Greenfield Railroad for tele- 
graphic purposes, upon such terms and conditions as said 
governor and council may prescribe. 

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

Approved April 24, 1880. 



Cliap 



Appropriations 
for improve- 
ment and main- 
tenance of Troy 
and Greenfield 
Railroad and 
Hoosac Tunnel. 



243 -A.N Act making appropriations for the improvement and 

MAINTENANCE OF THE TROT AND GREENFIELD RAILROAD AND 
HOOSAC TUNNEL. 

Be it enacted, &c., as foUoios : 

Section 1. The sums hereinafter mentioned are appro- 
priated for the improvement and maintenance of the Troy 
and Greenfield Railroad and Hoosac Tunnel, of Avhich 
sums the amount allowed for land damages and passenger 
station at Greenfield shall be paid from the treasury of the 
Commonwealth, and the remaining sums, to be expended 
under the direction of the governor and council, shall be 
paid from the moneys paid since January first of the cur- 
rent year or hereafter paid into the treasury on account of 
said railroad and tunnel after deducting current expenses 
and without reference to future adjustments of compensa- 



1880. — Chapter 244. 



195 



tion to corporations operating said railroad. A sum not 
exceeding eight thousand dollars for land damages and 
passenger station at Greenfield, together with all appro- 
priations heretofore made for that purpose. A sum not 
exceeding seven thousand four hundred dollars for com- 
pleting a double track iron bridge at Deweyville. A sum 
not exceeding six thousand two hundred dollars for cable 
for telegraphic purposes and for telegraphic line, offices 
and instruments at Greenfield and Blackington, and for 
general repairs on the line. A sum not exceeding seven 
thousand six hundred and seventy-seven dollars for com- 
pleting arch and ventilating flues at central shaft. A sum 
not exceeding eighty-two thousand one hundred and eighty- 
one dollars for cutting niches and laying a second track in 
the tunnel. A sum not exceeding three thousand seven 
hundred and sixty dollars for stone ballast in tunnel. A 
sum not exceeding one thousand dollars for steel rails to 
complete steel track, A sum not exceeding five thousand 
nine hundred and fifty dollars for steel rails for repairs. 
A sum not exceeding thirty-six thousand dollars for the 
expenses of double tracking the Troy and Greenfield Rail- 
road, between the state line of Vermont and North Adams, 
the same to be in addition to the amount appropriated by 
chapter two hundred and ninety of the acts of the year 
eighteen hundred and seventy-nine. A sum not exceed- 
ing fifteen hundred dollars for the construction of a sta- 
tion at Blackington. 

Section 2. The governor and council are hereby di- 
rected to exhaust all legal remedies in an attempt to 
reduce the award for land damages at Greenfield to a sum 
which in their judgment shall be just and reasonable. 

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

Approved April 24, 1880. 



Double track 
iron bridge at 
Deweyville. 

Telegraph. 



Arch and ven- 
tilating flues. 



Track in 
tunnel. 



Steel rails. 



Double track. 



Blackington 
station. 



Land damages 
at Greentield. 



Ax Act to regulate the tkanspoktation of gunpowder Chap. 244 

WITHIX AND THROUGH THE CITY OF CHELSEA. 

Be it enacted, &c., as folloivs : 

Section 1. The city council of the city of Chelsea is Transportation 
hereby authorized to make and establish by-laws and ordi- ?„ fhTwty'^or 
nances, from time to time, relative to the times and places cheisea. 
at which gunpowder may be brought to, carried from or 
transported through said city by land or by water, and to 
annex to such by-laws and ordinances suitable j)enalties 
not exceeding twentj^-five dollars for any one breach 
thereof: provided, that this act shall not apply to the 



196 



1880. — Chapter 245. 



Corporators. 



DiiticB and 
liabilities. 



May construct 
and maintain a 
Bhip canal. 



transportation of gunpowder under the authority and 
direction of the Commonwealth or of the United States. 
Section 2. This act shall take effect upon its passage. 

Approved April 24, 1880. 

Chap. 245 An Act to incorporate the cape cod canal company. 

Be it enacted, &c., as follows: 

Section 1. Henry M. Whitney, Hocum Hosford, 
George M. Barnard, Alfred A. Nickeison, G. T. W. Bra- 
man, Henry F. Dimock, William C. Whitney and Charles 
T. Barney, their associates and successors, are hereby made 
a corporation by the name of the Cape Cod Canal Com- 
pany, with all the privileges, and subject to all the duties, 
restrictions and liabilities set forth in all general laws 
which now are or may hereafter be in force relating to 
railway corporations, so far as they may be applicable, 
except as hereinafter provided. 

Section 2. Said corporation may locate, construct, 
maintain and operate a ship canal, beginning at some con- 
venient point in Buzzard's Bay, and running through the 
town of Sandwich to some convenient point in Barnstable 
Bay ; together with all such breakwaters, wharves, basins, 
dock^ locks, gates and other structures and works as may 
be necessary for the convenient using of said canal ; to- 
gether with the highways provided for by this act ; and in 
connection therewith, may maintain and operate steam 
tugs, or use any other suitable means or methods for assist- 
ing vessels in their approach to and passage through and 
from the canal. 

Section 3. Said corporation may lay out its canal, not 
exceeding one thousand feet wide, and shall file the loca- 
tion thereof within one year with the county commission- 
ers of Barnstable County, defining the courses, distances 
and boundaries thereof, in the manner provided by chap- 
ter one hundred and thirty-five of the acts of eighteen 
hundred and seventy-eight, for filing railroad locations; and 
said canal shall be commenced within two years, and shall 
be completed within five years from the passage of this 
act. 

Section 4. Said corporation may purchase or other- 
wise take land or materials necessary for making or secur- 
ing its canal, and for breakwaters, basins, docks, wharves, 
locks, gates, highways or other structures and works re- 
ferred to in section two. If not able to obtain such land 
or materials by agreement with the owner, it shall pay 



Not exceeding 
one thousand 
feet wide. 



Location to be 
filed with county 
commissioner8. 



May purchase 
or take land. 



1880. — Chapter 245. 



197 



such damages therefor as the county commissioners esti- 
mate and determine. 

Section 5. Said corporation shall pay all damages oc- 
casioned by laying out, and making and maintaining its 
canal, or by taking any land or materials, as provided in 
section four; and such damages shall, upon the application 
of either party, be estimated by the county commissioners 
in the manner provided in laying out highways ; and the 
residence of one of said commissioners in the town of 
Sandwich shall not disqualify him from acting under the 
provisions of this act ; and when it is intended to take 
land or materials, application shall be made before the 
actual taking or appropriation thereof. 

Section 6. Either party if dissatisfied with the esti- 
mate made by the commissioners, may at any time within 
one year after it is completed and returned, apply for a 
jury to assess the damages. Upon such application, the 
prevailing party shall recover legal costs, and the proceed- 
ings thereon shall be the same as is provided for the 
recovery of damages in the laying out of highways. 

Section 7. The provisions relating to railways, con- 
tained in chapter three hundred and seventy-two, sections 
fiftj^-eight to sixty, sixty-three to seventy-two, seventy- 
four to eighty-four, inclusive, and section one hundred and 
four, of the acts of eighteen hundred and seventy-four, 
shall also extend to said corporation, so far as applicable. 

Section 8. It shall be the duty of the Old Colony 
Railroad Company so to alter its location as to cross the 
said canal but once, which crossing, and the location of 
the canal company at the crossing, shall be at a point to 
be fixed by the railroad commissioners in case the railroad 
company and canal company do not agree upon the same, 
which they are hereby authorized to do ; and in making 
said alteration they shall have all the powers and privi- 
leges, and be subject to all the duties, restrictions and 
liabilities set forth in all general laws relating' to railroads. 
And the Cape Cod Canal Company shall thereupon pro- 
ceed to build the railroad upon the new location, and com- 
plete the same in such manner and at such time as may 
be prescribed by the railroad commissioners, and to their 
satisfaction, in case the parties do not agree upon the 
same ; and shall pay all damages caused by the construc- 
tion of said railroad on such new location, and shall be 
liable for such damages as in case of the construction of 
railroads. And the Cape Cod Canal Company shall also 
build and maintain and keep in repair to the satisfaction 



Payment of 
damages. 



Party dissatis- 
fied with award 
may apply for 
a, jury. 



Provisions 
relating to 
railways to 
apply. 



Old Colony 
Railroad to alter 
its location. 



To cross canal 
but once. 



Canal company 
to build rail- 
road upon new 
location. 



198 



To build and 
maintain bridge 
across canal. 



Railroad pas- 
senger trains to 
have precedence 
over vesselB. 



Location of 
railroad. 



Materials left 
upon road to be 
given up, to be 
paid for by 
railroad. 



Penalty for 
obstructing 
superintendent. 



1880. — Chapter 245. 

of the railroad commissioners, a bridge across said canal, 
suitable for the passing of the railroad, and also for the 
passing of the highway at the point fixed upon as above 
provided, which said bridge shall have a suitable draw for 
the passage of vessels ; and said railroad company shall 
appoint a steady and discreet superintendent, and all 
necessary assistants for such drawbridge, who shall be 
paid a reasonable compensation by said canal company. 
Said superintendent shall be experienced in the n)anage- 
ment of vessels, and shall have full control and direction 
of the passing of vessels through the draw, and of trains 
over the bridge, and with, said assistants shall be subject 
to such rules and regulations, not inconsistent with law, 
as said railroad and canal company shall from time to 
time prescribe for the operation of said bridge ; but such 
rules and regulations shall be subject to approval and 
alteration by the railroad commissioners. And said super- 
intendent and assistants shall be subject to removal by 
said railroad commissioners. And railroad passenger 
trains shall have precedence over vessels when there is 
occasion for such trains to pass said bridge ; but freight 
trains shall not have such precedence unless the railroad 
commissioners shall so determine. 

Section 9. The Old Colony Railroad Company shall 
have its location, not exceeding five rods in width, upon 
an}'" land owned or located upon by said canal company, 
up to the said bridge, on each side thereof: provided, that 
all reasonable use of said location by the said canal coni- 
pan}^ for the purpose of operating their canal, and under 
the direction of the railroad commissioners, shall be per- 
mitted by the railroad company without payment of rent 
to the railroad company. 

Section 10. The Old Colony Railroad Company shall 
upon the completion and acceptance by the railroad com- 
missioners of the newly constructed railroad and bridge 
as above provided, allow and pay to the Cape Cod Canal 
Company the value of such iron and other materials as 
may remain upon that portion of the line of said railroad 
which is to be given up ; such value to be determined by 
the railroad commissioners in case the parties do not 
agree upon the same. And the said canal company shall 
thereafter take and own the land upon that portion of the 
line of the railroad which is to be given up. 

Section 11. Whoever obstructs the superintendent of 
the drawbridge, provided for in section eight, in the per- 
formance of his duties, shall pa}^ a fine of not less than 
three nor more than fifty dollars. 



[ 



1880. — Chapter 245. 



199 



Section 12. Whoever breaks, defaces or impairs said 
bridge, or any wharf or pier appurtenant thereto, or un- 
necessarily opens or obstructs the draw without the consent 
of the superintendent, or without such consent makes fast 
or moors any scow, raft or other vessel to said bridge 
within wake of the draw, shall pay a fine of not less than 
three nor more than fifty dollars. 

Section 13. Whoever wilfully injures or damages said 
bridge, wharf or pier, or wilfully disturbs or hinders the 
superintendent in the discharge of his duties, shall forfeit 
for each offence a sum not exceeding one hundred dollars, 
and be further liable in damages to the Cape Cod Canal 
Company. 

Section 14. The provisions relating to drawbridges 
contained in sections one hundred and nine to one hun- 
dred and thirteen, inclusive, of chapter three hundred and 
seventy-two of the acts of eighteen hundred and seventy- 
four, shall extend to said bridge so far as applicable, except 
that the word " fifteen " in the tenth line of section one 
hundred and ten shall for the purpose of this act be erased 
and "five " substituted in its place. And the same penal- 
ties and forfeitures provided in section one hundred and 
fourteen of said statute shall also be in force, and may be 
recovered of the Old Colony Railroad Company, or any 
engineer, or any superintendent of said bridge, in like man- 
ner as therein provided for the violation of any of the 
provisions of sections one hundred and eleven, one hundred 
and twelve and one hundred and thirteen of said chapter 
three hundred and seventy-two, or of the rules and regula- 
tions provided for by section eight of this act. 

Section 15. The said canal company shall provide 
and maintain at North Sandwich and at West Sandwich, 
at such point as may be designated by the railroad com- 
missioners, a suitable ferry across their canal for passengers 
and teams, to be operated under rules to be established by 
the railroad commissioners. 

Section 16. The said canal company shall also con- 
struct such highways to connect with the bridge and 
ferries provided for in sections eight and fifteen of this 
act, and such other highways as may be necessary to re- 
place the highways destroyed by the construction of said 
canal, as the county commissioners for the county of Barn- 
stable shall prescribe, upon each side of said bridge and 
ferries. And after the completion of such highways and 
their acceptance by the said county commissioners, the 
said canal company shall not be responsible in any manner 
for the further maintenance of the same. 



Penalty for 
breaking bridge, 
or opening draw 
without 
consent. 



Penalty for 
injuring bridge 
or hindering 
superintendent. 



Provisions 

relating to 

drawbridges to 

apply, except 

etc. 

1874, 372, §§ 109- 

113. 



Penalties. 



Ferry to be 
maintained at 
North Sandwich 
and West 
Sandwich. 



Higbwaj-s to 
connect with 
bridge and 
ferries. 



200 



1880. 



Chapter 245. 



To provide for 
continuance of 
herring fishery. 



Toll upon 
vessels may be 
established. 



Penalty for 
evading pay- 
ment of toil. 



Penalty for 
obstructing 
passing of ves- 
sel in canal. 



Capital stock 
and shares. 



Section 17. The said canal company shall also make 
such suitable provision for the continuance of the herring 
fishery in Monument River and Herring Pond as the com- 
missioners on inland fisheries may prescribe ; and in case 
of injury to any private fishery, shall pay to the owner 
thereof such damages as shall upon the application of 
either party be estimated by said commissioners, in a 
manner similar, so far as may be, to that provided in lay- 
ing out highways; and with a similar right of appeal to a 
jury, by proceedings like those provided for in section six 
of this act. 

Section 18. The said canal company may establish 
for its sole benefit a toll upon all vessels or water craft, 
of whatever description, which may use its canal, at such 
rates as the directors thereof may determine ; and may 
from time to time regulate such use in all respects as the 
directors may determine. Said corporation shall also fur- 
nish towage through said canal for all vessels or water 
craft which require it ; for wliich service it ma}'- establish 
for its sole benefit a toll, at such rates as the directors 
thereof may determine. 

Section 1 9. Whoever fraudulently evades or attempts 
to evade the payment of any toll, lawfully established 
under section eighteen of this act, either by misrepresent- 
ing the register or draught of any vessel, or otherwise, 
shall pay a fine of not less than fifty nor more tlian five 
hundred dollars. 

Section 20. Whoever wilfully and maliciously ob- 
structs the passing of any vessel or steam tug, or other 
water craft in said canal, or in any way injures said canal, 
or its banks, breakwaters, docks, wharves, locks, gates or 
other structures or works, or any thing appertaining 
thereto, or any materials or implements for the construc- 
tion or use thereof, or aids or abets in such trespass, shall 
forfeit to the use of the corporation, for each offence, 
treble the amount of damages proved to have been sus- 
tained thereby, to be recovered in an action of tort in the 
name of the corporation ; and may further be punished by 
fine not exceeding one thousand dollars, or imprisonment 
for a term not exceeding one jeav. 

Section 21. The capital stock of said canal company 
shall be divided into shares of one hundred dollars each ; 
and the amount of capital stock may be fixed from time 
to time, by vote of the corporation, not however to 
exceed four millions of dollars. Said canal company shall 
not locate, begin to construct said canal, drawbridge or 



1880. — Chapter 245. 



201 



any of the roads provided for in this act, until after five 
hundred thousand doHars of its capital stock has been 
actually subscribed in good faith l)y responsible parties, 
without any condition which invalidates the subscription, 
and two hundred thousand dollars of said subscription has 
actuall}^ been paid into its treasury, nor until a certificate 
setting forth these facts, signed and sworn to by its presi- 
dent and a majority of its directors, is filed with the sec- 
retary of the Commonwealth, to whom fifty dollars shall 
then be paid. 

Section 22. Said canal company may, upon being 
authorized by a majority of the votes at any regular 
meeting of its stockholders or at a meeting called for the 
purpose, issue bonds and may secure the same by a mort- 
gage of its franchise, and its real and personal property, 
then owned or thereafter to be acquired, or any part 
thereof. And every such mortgage shall be recorded in 
the registry of deeds for the county of Barnstable. And 
in case any such mortgage is executed to trustees, then all 
bonds secured thereby shall also bear the certificate of 
one or more of the trustees, that the same are so secured, 
and that the mortgage has been delivered to the trustees 
and duly recorded. And all the provisions contained in 
section's one hundred and twenty-four to one hundred and 
twenty-eight inclusive, of chapter sixty-three of the Gen- 
eral Statutes, shall extend to such mortgage, so far as 
applicable. 

Section 23. Said corporation shall not be required to 
pay any taxes to the Commonwealth, until the canal shall 
have been opened for use for two years. And nothiug 
herein contained shall have the effect to render said cor- 
poration, or the shareholders therein, liable to local taxa- 
tion for their property or shares in said corporation, until 
the canal shall have been opened for use for two years. 

Section 2-1:. Any railroad corporation, organized under 
the laws of this Commonwealth, may, upon a vote of a 
majority of its stockholders present and voting at any 
meeting called for that purpose, subscribe for the stock or 
bonds of said canal company, and [)ay for the same a sura 
not exceeding five per cent, of the capital stock of such 
railroad compan}^ or may guarantee the payment of the 
bonds of said canal company, to an amount not exceeding- 
five per cent, of the capital stock of such railroad com- 
pany. 

Section 25. All things done under this act below 
high water mark shall be subject to the determination and 

26 



May issue 
bonds and 
secure by 
raortgaii;e of 
fiancbi.-se, etc. 



Not to be tnxed 
until canal bas 
been opened 
for use for two 
years. 



Railroad cnr- 
ponitions may 
take stock aiul 
bonds of canal 
company. 



All tbimrs done 
below hiirb- 
water mark 



202 



1880. — Chapter 245. 



subject to 
approval of 
land and harbor 
comraissieners. 



To take effect 
Nov. 1, 1880, 
unless before 
that day the 
Cape Ood Ship 
Canal Company 
has paid in 
$400,000. 



If expenditure 
has been made, 
this act to be 
void. 



Commissioners 
to determine 
questions 
arising concern- 
ing payments or 
expenditures. 



approval of the harbor and hand commissioners, as pro- 
vided in section four of chapter one hundred and forty- 
nine of the acts of the year eighteen hundred and sixty- 
six. 

Section 26. This act shall take effect on the first day 
of November, eighteen hundred and eighty, unless prior 
to that day the Cape Cod Ship Canal Company, in good 
faith, for the purposes of constructing the canal herein- 
after mentioned, shall have had paid into its treasury four 
hundred thousand dollars of its capital ; and shall, after 
the passage of this act, and prior to said first day of 
November, have actually expended (exclusive of the pay 
and salaries of its officers, money expended, or lialjilities 
incurred in the purchase or taking of land, or in the pur- 
chase of tools and machinery) one hundred thousand dol- 
lars for work actually performed or materials used in good 
faith and at reasonable prices upon a canal within the 
location, as provided by law from Barnstable Bay to Buz- 
zard's Bay through the town of Sandwich ; and, if said 
expenditure shall then have been made, this act shall be 
void and of no effect. But if the said Cape Cod Ship 
Canal Company shall not have had paid in said four hun- 
dred thousand dollars, and have actually expended one 
hundred thousand dollars, as herein provided, prior to the 
first, day of November, eighteen hundred and eighty, then 
its franchise shall thereupon cease and determine, together 
with all the right on its part to construct a canal across 
Cape Cod from Barnstable Bay to Buzzard's Bay ; and all 
lands and interest in lands acquired, materials used and 
work done by it, or for it, shall, without compensation, be 
forfeited to, and become the property of, the Cape Cod 
Canal Company, if it elects to build a canal as herein pro- 
vided; except, that said Cape Cod Canal Company, in that 
event, shall reimburse said Cape Cod Ship Canal Company 
for all money it shall have actually expended in the pur- 
chase of land, and shall assume and discharge all the liabili- 
ties of said Cape Cod Ship Canal Company for land taken 
and not paid for. If any question arise between said com- 
panies as to whether said four hundred thousand dollars 
shall have actually been paid into the treasury of the 
Cape Cod Ship Canal Company, or said one hundred thou- 
sand dollars shall have been expended by it as herein pro- 
vided, a board of three commissioners, to be appointed by 
the supreme judicial court sitting in and for the county 
of Suffolk, shall summarily inquire into the matter, upon 
tlie written request of either of said companies, and the 



I 



1880. — Chapter 246. 



203 



finding of said commissioners, or a majority of tliem when 
filed with the clerk of said court shall be final and conclu- 
sive, and the burden of proving that said sums have been 
paid in and expended as herein provided shall be upon the 
Cape Cod Ship Canal Company. If either company fails 
to appear before said commissioners, after due notice, the 
commissioners shall proceed to hear and determine the 
matter. Approved April 24, 1880. 

An Act concerning the estates of insolvent debtors. 
Be it enacted, t&c, as follows : 

Section 1. Section two of chapter two hundred and 
fort3^-five of the acts of the year eighteen hundred and 
seventy-nine is hereby amended by inserting before the 
words "notar}^ public," the words "justice of the peace." 

Section 2. Section seven of said chapter is hereby 
amended by adding after the words "fee for issuing the 
warrant" in the twentieth line, the following: — "nothing 
herein contained shall prevent a hearing being had upon 
the petition, or a warrant being issued thereon prior to the 
completion of the publication of said notice." 

Section 3. Section eight of said chapter is hereby 
amended by striking out the following words : — " 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 incurred by him, on 
the days on which he is to pay over money in his hands 
to the treasurer of the Commonwealth," and inserting in 
place thereof the following: — "upon the days on which 
the register is to pay over money in his hands to the treas- 
urer of the Commonwealth, he shall apply all money so 
deposited as security, to the payment of fees accrued, and 
the expenses of publication, if any be incurred by him, 
in all cases then terminated, and at least as often as once 
a year in each case, until terminated." 

Section 4. Section eightj'-four of chapter one hundred 
and eighteen of the General Statutes is hereby amended 
by striking out the words " twelve months," in the fifth 
line, and inserting in place thereof the words "two 
years;" and by inserting between the words "assent" 
and "of" in the sixth line, the words "of a majority, and 
in case of his second insolvency ; " and by inserting after 
the word " mistake," in the tenth line, the words " or 
other sufficient cause ; " and by inserting after the word 
"sickness" in the eleventh line, the words "accident or 
mistake." 



Chap. 246 



Proof of claim. 
Oath befoi'e a 
justice of the 
peace. 

1879, 245. 



Not to prevent 
hearing upon 
petition, etc. 



Deposit for 
payment of 
fees. 



Amendment to 
G. S. 118, § 84. 



204 



1880. — Chapter 246. 



Amendment to 
G. S. 118, § 103. 



Amendment to 
G. S. 118, § 105. 



Assignment not 
to dissolve 
attachment, etc. 
G. S. 118, § 44. 



Amendment to 
1875, 68. 



Person who lias 
proved cliiim 
may be 

examined under 
oath. 



Claim may be 
altered, etc. 



Section 5. Section one liundred and three of said 
chapter one hundred and eighteen, is hereby amended by 
inserting between the words " or upwards," in the sixth 
line, and the words " or if," in the eleventh line, being in 
the place of the clause stricken out by section seven of 
said chapter two hundred and forty-five, the following: — 
" Or if any person whose goods or estate are attached on 
mesne process in any civil action founded on such con- 
tract, for the sum of one hundred dollars or upwards, has 
not before the return day of such process dissolved the 
attachment in the manner provided by law." 

Section 6. Section one hundred and five of said 
chapter one hundred and eighteen is hereby amended by 
inserting between the word " mistake," and the words 
"has failed," in the first line, the words "or other suffi- 
cient cause." 

Section 7. The assignment named in section forty- 
four of said chapter one hundred and eighteen shall not 
dissolve an attachment on mesne process, made more than 
four months prior to the time of the first publication of 
the notice of issuing the warrant, in case of voluntary 
proceedings ; and in case of involuntary proceedings such 
assignment shall not dissolve such an attachment made 
more than four months prior to the time of the first publi- 
cation of the notice of the filing of the petition. 

Section 8. Chapter sixty-eight of the acts of the year 
eighteen hundred and seventy-five, is hereby amended as 
follows : — By inserting after the word " bankrupt," in sec- 
tion one, the words " or against whose estate a warrant 
in insolvency has already been or afterwards is issued ; " 
and by inserting after the word " bankrupt," in section 
three, the words " or against whose estate a warrant in 
insolvency shall be issued ; " also by adding at the end of 
each of said sections the words " or, the time of the first 
publication of the 'notice of issuing the warrant in insol- 
vency, in case of voluntary proceedings ; or, the time of 
the first publication of the notice of the filing of the peti- 
tion in case of involuntary proceedings." 

Section 9. The judge of the court of insolvency may 
on the application of the assignee, or of any creditor, or 
of the insolvent debtor, examine upon oath any person 
who has made proof of a claim, and may summon any 
person to give evidence concerning such proof, and may 
alter or expunge such claim where the evidence shows 
that it is founded in whole or in part in fraud, illegality or 
mistake. Approved April 24, 1880. 



1880. — Chapters 247, 248. 



205 



An Act in addition to chapter two hundred and twenty- Chap. 247 

ONE OF THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND 
EIGHTY, ENTITLED " AN ACT RELATIVE TO THE PUNISHMENT 
FOR DRUNKENNESS . ' ' 



Amendments to 
1879, 229, § 1. 



I'rovisions of 
1S80, 221, to 
apply in case of 
female sen- 
tenced to 
Imprisonment. 



Be it enacted^ tfcc, as folloios : 

Section 1. Section one of chapter two hundred and 
twenty-nine of the acts of the year eighteen hundred and 
seventj'-nine is hereby amended by inserting in line 
three, after the word "been," the words, "in the next 
preceding twelve months twice ; " also in the fifth line, by 
striking out the word " four " and inserting the word 
"twelve," and by adding at the end of the section the 
following words : " or by imprisonment in any other place 
now provided by law for common drunkards, for a term 
not exceeding one year, or by a fine not exceeding ten 
dollars." 

Section 2. The provisions of sections three and four 
of chapter two hundred and twenty-one of the acts of the 
current year shall apply in case of any female sentenced 
to imprisonment under this act, and the commissioners of 
prisons may grant to persons imprisoned in the Reforma- 
tory Prison for Women under this act the permits pro- 
vided for in said section three, and may revoke the same 
as therein provided. 

Section 3. This act shall take effect on the twenty- 
second day of May next. Approved April 24, 1880. 

An Act to apportion and assess a state tax of one mil- 
lion FIVE HUNDRED THOUSAND DOLLARS. 

Be it enacted, &c., as follows : 

Section 1. Each city and town in this Commonwealth state tax of 
sliall be assessed and pay the several sums with which $1-^00,000. 
they stand respectively charged in the following schedule, 
that is to say : — 



Barnstable 
County. 



CAap.248 



BARNSTABLE COUNTY. 




Barnstable . 
Brewster . 


Two thousand three hundred and 
forty dollars ..... 
Six hundred and fifteen dollars 


$2,340 00 
615 00 


Chatham . 


Seven hundred and fifty dollars 


750 00 


Dennis 
Eastham . 


One thousand three hundred and 

eighty dollars .... 

One hundred and ninety-five dollars, 


1,.380 00 
195 00 



206 



1880. — Chapter 248. 



Barnstable 
County-. 



BARNSTABLE C O UN T Y — C onc l ud e d. 



Falmouth . 


Two thousand and fifty-five dollars . 


S2,055 00 


Harwich . 
Mashpee . 


Nine hundred and seventy-five dol- 
lars ...... 

Ninety dollars 


975 00 
90 00 


Orleans 


Four hundred and fifty dollars 


450 00 


Provincetown 
Sandwich . 
Truro 


One thousand six hundred and fifty 
dollars ...... 

One thousand tw^o hundred and fif- 
teen dollars ..... 

Two hundred and seventy dollars 


1,650 00 

1,215 00 
270 00 


Wellfleet . 


Eight hundred and ten dollars 


810 00 


Yarmouth . 


One thousand "two hundred and sixty 
dollars ...... 


1,260 00 




$14,055 00 



Berkshire 
County. 



BERKSHIRE COUNTY. 



Adams 
Alford 


One thousand eight hundred and 
ninety dollars .... 
Two hundred and forty dollars 


$1,890 00 
240 00 


Becket 


Four hundred and twenty dollars 


420 00 


Cheshire . 


Nine hundred and fifteen dollars 


915 00 


Clarksburg 


Two hundred and twenty-five dollars. 


225 00 


Dalton 


One thousand and ninetj'-five dollars, 


1,095 00 


Egremont . 


Five hundred and ten dollars . 


510 00 


Florida 


One hundred and eighty dollars 


180 00 


Great Barrington, 
Hancock . 
Hinsdale . 


Two thousand eight hundred and 
sixty-five dollars .... 

Three hundred and seventy-five dol- 
lars 

Seven hundred and twenty dollars . 


2,865 00 

375 00 
720 00 


Lanesborough . 


Six hundred and sixty dollars . 


660 00 


Lee . 
Lenox 


One thousand six hundred and eighty 

dollars 

One thousand two hundred dollars . 


1,680 00 
1,200 00 



I 



1880. — Chapter 248. 

BERKSHIRE C O UNT Y^C oncl ud ed. 



207 



Berkshire 
County. 



Monterey . 

!Mt. Washington, 

New Ashford 

New Marlborough 

North Adams 

Otis . 

Peru . 

Pittsfield 

Richmond 

Sandisfield 

Savoy 

Sheffield 

Stockbridge 

TjTingham 

Washington 

W. Stockbridge 

Williamstown 

Windsor 



Two hundred and forty dollars 

Seventy-five dollars . 

Seventy-five dollars . 

Seven hundred and twenty dollars 

Three thousand six hundred and 

forty-five dollars . 
Two hundred and forty dollars 

One hundred and thirty-five dollars 

Seven thousand five hundred and 

ninety dollars 
Four hundred and ninety-five dollars, 

Three hundred and seventy-five dol- 
lars 

One hundred and ninety-five dollars. 

One thousand and five dollars . 

Two thousand three hundred and 

fifty-five dollars .... 

Two hundred and twenty-five dollars, 

Two hundred and ten dollars . 

Seven hundred and fifty dollars 

One thousand five hundred and sixty 
dollars ...... 

One hundred and ninety-five dollars, 



$2'10 00 

75 00 

75 00 

720 00 



3,645 00 
240 00 

135 00 



7,590 00 
495 00 



375 00 
195 00 

1,005 00 



2,355 
225 


00 
00 


210 


00 


750 


00 


1,560 
195 


00 
00 


$33,060 00 



BRISTOL COUNTY. 



Acushnet . . Five hundred and ten dollars . . $510 00 

Attleborough . Three thousand eight hundred and 

eighty-five dollars . . . 3,885 00 

Berkley . . Two hundrfed and seventy dollars . 270 00 

Dartmouth . ; One thousand five hundred and sev- 

I enty-five dollars . . . . 1,575 00 

Dighton . . I Seven hundred and five dollars . 705 00 



Bristol 
County. 



208 



Bristol 
County. 



1880. — Chapter 248. 
BRISTOL COUNTY — Concluded. 



Easton 
Fairhaven . 
Fall River . 


Two thousand four hundred and 
ninety dollars .... 

One thousand three hundred and 
thirty-five dollars .... 

Forty thousand and sixty-five dollars. 


$2,490 00 

1,335 00 
40,065 00 


Freetown . 


Six hundred and thirty dollars 


630 00 


Mansfield . 


One thousand and five dollars . 


1,005 00 


New Bedford 
Norton 


Twenty-one thousand eight hundred 

and seventy dollars 
Seven hundred and thirty-five dollars, 


21,870 00 
735 00 


Raynham . 


One thousand and fifty dollars 


1,050 00 


Rehoboth . 


Six hundred and ninety dollars 


690 00 


Seekonk 


Five hundred and twenty-five dollars. 


525 00 


Somerset . 


Nine hundred dollars 


900 00 


Swanzey . 


Five hundred and eighty-five dollars. 


585 00 


Taunton . 

Westport . 


Fourteen thousand three hundred 

and fifty-five dollars 
One thousand two hundred and 

thirty dollars .... 


14,355 00 
1,230 GO 




$94,410 00 



Dukes 
County. 



DUKES COUNTY. 



Chilmark . 


Two hundred and fifty-five dollars . 


$255 00 


Edgartown 
Gay Head . 


One thousand four hundred and fifty- 
five dollars 

Fifteen dollars ..... 


1,455 00 
15 00 


Gosnold 


One hundred and fifty dollars . 


150 00 


Tisbury 


Six hundred dollars .... 


600 00 




$2,475 00 



1880. — Chapter 248. 



209 





ESSEX COUNTY. 


Essex 
County 


Amesbury . 


One thousand five hundred and 






thirty dollars .... 


$1,530 00 


Andover 


Three thousand two hundred and 






twenty-five dollars . ■ . 


3,225 00 


Beverly 


Seven thousand one hundred and 






forty dollars ..... 


7,140 00 


Boxford 


Five hundred and ten dollars . 


510 00 


Bradford . 


One thousand one hundred and sev- 






enty dollars ..... 


1,170 00 


Danvers 


Three thousand two hundred and ten 






dollars ...... 


3,210 00 


Essex 


Eight hundred and twenty-five dol- 






lars ...... 


825 00 


Georgetown 


Nine hundred dollars 


900 00 


Gloucester . 


Seven thousand five hundred dollars, 


7,500 00 


Groveland . 


Seven hundred and fifty dollars 


750 00 


Hamilton . 


Four hundred and fifty dollars . 


450 00 


Haverhill . 


Nine thousand dollars 


9,000 00 


Ipswich 


One thousand eight hundred and fif- 




• 


teen dollars ..... 


1,815 00 


Lawrence . 


Eighteen thousand nine hundred and 






forty-five dollars .... 


18,945 00 


Lynn . 


Twenty-two thousand three hundred 






and eighty dollars 


22,380 00 


Lynnfield . 


Six hundred and seventy-five dollars, 


675 00 


jNIanchester 


One thousand four hundred and 






seventy dollars .... 


1,470 00 


Marblehead 


Three thousand five hundred and 






fifty- five dollars .... 


3,555 00 


Merrimac . 


Eight hundred and forty dollars 


840 00 


Methuen . 


Two thousand and ten dollars . 


2,010 00 


Middleton . 


Four hundred and five dollars . 


405 00 


Nahant 


Six thousand two hundred and ten 






dollars 


6,210 00 


Newbury . 


Eight hundred and fifty-five dollars . 


855 00 


Newburyport 


Six thousand five hundred and fifty- 






five dollars ..... 


6,555 00 


North Andover . 


One thousand eight hundred and 






sixty dollars 


1,860 00 


Peabody 


Five thousand four hundred and sev- 






enty-five dollars .... 


5,475 00 



27 



210 



Essex 
County. 



1880. — Chapter 248. 

ESSEX COUNTY — Concluded. 



Rockport . 


One thousand eight hundred and 






thirty dollars .... 


$1,830 00 


Rowley 


Four hundred and eighty dollars 


480 00 


Salem 


Twenty-two thousand and thirty-five 






dollars ...... 


22,035 00 


Salisbury . 


One thousand eight hundred and 






forty-five dollars .... 


1,845 00 


Saugus 


One thousand five hundred and thirty 






dollars ...... 


1,530 00 


Swarapscott 


Two thousand one hundred and 






forty-five dollars .... 


2,145 00 


Topsfield . 


Six hundred and forty-five dollars . 


645 00 


Wenham . 


Four hundred and ninety-five dollars, 


495 00 


West Newbury . 


Nine hundred and thirty dollars 


930 00 




$141,195 00 



Franklin 
County. 



FRANKLIN COUNTY. 



Ashfield 

Bemardston 

Buckland . 

Charlemont 

Colrain 

Conway 

Deerfield . 

Erving 

Gill . 

Greenfield . 

Hawley 

Heath 

Leverett 

Leyden 



Four hundred and sixty-five dollars . 

Three hundred and sixty dollars 

Five hundred and twenty-five dollars, 

Three hundred and fifteen dollars . 

Five hundred and eighty-five dollars. 

Six hundred and ninety dollars 

One thousand four hundred and 

twenty-five dollars 
Three hundi-ed dollars 

Four hundred and five dollars . 

Two thousand six hundred and fifty 

five dollars .... 
One hundred and fifty dollars . 

One hundred and sixty-five dollars 

Two hundred and eighty-five dollars 

One hundred and ninety-five dollars 



$465 00 
360 00 
525 00 
315 00 
585 00 
690 00 



1,425 00 
300 00 

405 00 



2,655 00 
150 00 

165 00 

285 00 

195 00 



1880. — Chapter 248. 



211 



FRANKLIN C OUN T Y — Concluded. 



Monroe 


Forty-five dollars .... 


$45 00 


Montague . 
New Salem 


One thousand seven hundred and 

twenty-five dollars 
Two hundred and eighty-five dollars, 


1,725 00 
285 00 


Northfield . 


Six hundred and forty-five dollars . 


645 00 


Orange 
Rowe . 


One thousand three hundred and 
thirty-five dollars .... 
One hundred and fifty dollars . 


1,335 00 
150 00 


Shelburne . 


Seven hundred and ninety-five dollars, 


795 00 


Shutesbury 


One hundred and fifty dollars . 


150 00 


Sunderland 


Four hundred and five dollars . 


405 00 


Warwick . 


Two hundred and fifty-five dollars . 


255 00 


Wendell . 


One hundred and fifty dollars . 


150 00 


Whately . 


Six hundred and sixty dollars . 


660 00 




$15,120 00 



Franklin 
County. 



HAMPDEN COUNTY. 



Agawam . 


One thousand and sixty-five dollars . 


11,065 00 


Blandford . 


Three hundred and forty-five dollars. 


345 GO 


Brimfield . 


Four hundred and ninety-five dollars, 


495 00 


Chester 


Four hundred and sixty-five dollars . 


465 00 


Chicopee . 
Granville . 


Four thousand eight hundred and 
forty-five dollars .... 
Three hundred and sixty dollars 


4,845 00 
360 00 


Holland 


One hundred and five dollars . 


105 00 


Holyoke 

Longmeadow 

Ludlow 


Eight thousand six hundred and 
forty dollars ..... 

One thousand one hundred and forty 
dollars ...... 

Four hundred and sixty-five dollars . 


8,640 00 

1,140 00 
465 00 


Monson 
Montgomery 


One thousand two hundred and fif- 
teen dollar,s ..... 
One hundred and twenty dollars 


1,215 00 
120 00 



Hampden 
County. 



212 



Hampden 
County. 



Hampshire 
County. 



1880. — Chapter 248. 
HAMPDEN COUNTY — Concluded. 



Palmer 
Russell 
Southwick . 
Springfield . 
Tolland 
Wales 
Westfield . 
West Springfield, 
Wilbraham 



One thousand five hundred and sixty 
dollars ...... 

Three hundred and forty-five dollars, 

Five hundred and twenty-five dollars, 

Thirty-three thousand and forty-five 
dollars ...... 

One hundred and ninety-five dollars, 

Three hundred and seventy-five dol- 
lars ...... 

Five thousand nine hundred and 
fifty-five dollars .... 

Two thousand four hundred and 
ninety dollars .... 

Eight hundred and twenty-five dol- 
lars 



HAMPSHIRE COUNTY. 



$1,560 00 
345 00 

525 00 



33,045 00 

195 00 


375 00 


5,955 00 


2,490 00 


825 00 


$64,575 00 



Amherst . 
Belchertown 


Two thousand one hundred and fif- 
teen dollars 

Nine hundred dollars 


12,115 00 
900 00 


Chesterfield 


Two hundred and seventy dollars . 


270 00 


Cummington 


Three hundred and sixty dollars 


360 00 


Easthampton 
Enfield 


Two thousand one hundred and fif- 
teen dollars 

Six hundred and thirty dollars 


2,115 00 
630 00 


Goshen 


One hundred and five dollars . 


105 00 


Granby 


Four hundred and thirty-five dollars, 


435 00 


Greenwich . 


Two hundred and fifty-five dollars . 


255 00 


Hadley . 
Hatfield . 


One thousand two hundred and fif- 
teen dollars 

One thousand and sixty-five dollars . 


1,215 00 
1,065 00 


Huntington 


Four hundred and thirty-five dollars, 


435 00 


Middlefield 


Three hundred and fifteen dollars . 


315 00 


Northampton 


Six thousand three hundred and 
forty-five dollars' .... 


6,345 00 



1880. — Chapter 248. 



213 



HAMPSHIRE COUNTY — Concluded. 



Hampshire 
County. 



Pelham 
Plainfield . 
Prescott 
South Hadley 
Southampton 
Ware . 

Westhampton 
Williamsburg 
Worthing'ton 



One hundred and fifty dollars . 

One hundred and ninety-five dollars, 

One hundred and sixty-five dollars . 

One thousand five hundred and sev- 
enty-five dollars .... 
Four hundred and twenty doUars 

One thousand six hundred and five 
dollars . . . . . 

Two hundred and forty dollars 

One thousand one hundred and forty 

dollars 

Three hundred dollars 



$150 00 
195 00 
165 00 



1,575 00 
420 00 



1,605 00 
240 00 



1,140 00 
300 00 



^22,350 00 



MIDDLESEX COUNTY. 



Middlesex 
County. 



Acton 

Arlington . 

Ashby 

Ashland 

Ayer . 

Bedford . 

Belmont 

Billerica 

Boxborough 

Burlington • 

Cambridge 

Carlisle 

Chelmsford 

Concord 

Dracut 



One thousand and eighty dollars 

Five thousand and ten dollars . 

Four hundred and fifty dollars . 

One thousand two hundred and fif 

teen dollars .... 
Nine hundred and fifteen dollars 

Six hundred and fifteen dollars 

Three thousand three hundred and 
sixty dollars .... 

One thousand four hundred and 
twenty-five dollars 

Two hundred and twenty-five dollars, 

Four hundred and thirty-five dollars, 

Fifty-two thousand one hundred and 

.fifty-five dollars .... 

Three hundred and fifteen dollars . 

One thousand two hundred and 
forty-five dollars .... 

Two thousand five hundi-ed and 
twenty dollars .... 

Eight hundred and forty dollars 



11,080 00 

5,010 00 

450 00 



1,215 00 
915 00 

615 00 



3,360 00 

1,425 00 
225 00 

435 00 



52,155 00 
315 00 



1,245 00 

2,520 00 
840 00 



214 



Middlesex 
County. 



1880. — Chapter 248. 
MIDDLESEX C O UNT Y — Continue d. 



Dunstable . 


Two hundred and eighty-five dollars, 


$285 00 


Everett 


Three thousand four hundred and 






eighty dollars .... 


3,480 00 


Framingham 


Three thousand nine hundred and 






fifteen dollars .... 


3,915 00 


Grotou 


One thousand eight hundred and 






thirty dollars .... 


1,830 00 


Holliston . 


One thousand five hundred and sixty 






dollars 


1,560 00 


Hopkinton . 


One thousand nine hundred and 






twenty dollars '. . . . 


1,920 00 


Hudson 


One thousand four hundred and 






twenty-five dollars 


1,425 00 


Lexington . 


Two thousand four hundred and 






forty-five dollars .... 


2,445 00 


Lincoln 


Seven hundred and five dollars 


705 00 


Littleton . 


Six hundred and thirty dollars 


630 00 


Lowell 


Thirty-one thousand six hundred and 






fifty dollars 


31,650 00 


Maiden 


Seven thousand eight hundred dol- 






lars ...... 


7,800 OU 


Marlborough 


Two thousand eight hundred and 






twenty dollars .... 


2,820 00 


Maynard . 


One thousand and ninety-five dollars, 


1,005 00 


Medford 


Seven thousand six hundred and 






ninety-five dollars 


7,695 00 


Melrose 


Three thousand five hundred and 






seventy dollars .... 


3,570 00 


Natick 


Three thousand one hundred and 






five dollars ..... 


3,105 00 


Newton 


Twenty-four thousand one hundred 






and twenty dollars 


24,120 00 


North Reading . 


Three hundred and seventy-five dol- 






lars ...... 


375 00 


Pepperell . 


One thousand two hundred dollars . 


1,200 00 


Reading 


One thousand nine hundred and fif- 






ty dollars 


1,950 00 


Sherborn . 


Seven huudi-ed and fifty dollars 


750 00 


Shirley 


Seven hundred and ninety-five dol- 






lars ...... 


795 00 


Somerville . 


Twenty-three thousand one hundred 






and sixty dollars .... 


23,160 00 


Stoneham . 


Two thousand five hundred and eigh- 






ty dollars ..... 


2,580 00 


Stow . 


Five hundred and eighty-five dollars. 


585 00 


Sudbury 


Eight hundred and forty dollars 


840 00 



1880. — Chapter 248. 

MIDDLESEX C O UNT Y — Conclu d e d. 



215 



Middlesex 
County. 



Tewksbury 


Seven hundred and fifty dollars 


$750 00 


Townsend . 


Six hundred and ninety dollars 


690 00 


Tyngsborough . 


Two hundred and fifty-five dollars . 


255 00 


Wakefield . 
Waltham . 
Watertown 
Wayland . 


Three thousand eight hundred and 
ten dollars ..... 

Eight thousand two hundred and 
five dollars ..... 

Six thousand four hundred and 
twenty dollars .... 

Nine hundred and thirty dollars 


3,810 00 

8,205 00 

6,420 00 
930 00 


Westford . 


Nine hundred and thirty dollars 


930 00 


Weston 
Wilmington 


One thousand three hundred and 
eighty dollars .... 
Four hundred and fifty dollars 


1,380 00 
450 00 


Winchester 
Woburn 


Three thousand seven hundred and 
sixty-five dollars .... 

Seven tliousand one hundred and 
twenty-five dollars 


8,765 00 
7,125 00 




$238,800 00 



Nantucket 



NANTUCKET COUNTY. 



One thousand nine hundred and nine- 
ty-five dollars . . . . 



Nantucket 
County. 



1,995 00 



NORFOLK COUNTY. 



Bellinghani 


Four hundred and fifty dollars . 


$450 00 


Bi-aintree . 


Two thousand two hundred and fifty 






dollars 


2,250 00 


Brookline . 


Twenty-three tliousand seven hun- 






dred and fifteen dollars 


23,715 00 


Canton 


Two thousand six hundred and ten 






dollars ...... 


2,610 00 


Cohasset 


One thousand nine hundred and 






twenty dollars .... 


1,920 00 


Dt'dham 


Four thousand nine hundred and 






ninety-five dollars 


' 4,995 00 


Dover 


Three hundred and sixty dollars 


360 00 



Norfolk 
County. 



216 



Norfolk 
County. 



1880. — Chapter 248. 
NORFOLK COUNTY — Concluded. 



Foxborough 

Franklin 

Holbrook 

Hyde Park 

Medfield 

Medway 

Milton 

Needham 

Norfolk 

Norwood 

Quincy 

Randolph 

Sharon 

Stoughton 

Walpole 

Weymouth 

Wrentham 



One thousand four hundred and 

fifty-five dollars . 
One thousand two hundred and 

forty-five dollars . 
One thousand two hundred and nine 

ty dollars .... 
Five thousand two hundred and 

thirty-five dollars 
Eight hundred and forty dollars 

One thousand five hundred and thir 
ty dollars .... 

Six thousand four hundred and 
twenty dollars 

Three thousand six hundred and 
sixty dollars 

Four hundred and sixty-five dollars 

One thousand four hundred and ten 
dollars ..... 

Five thousand eight hundred and 
fifty dollars .... 

Two thousand and fifty-five dollars 

Seven hundred and ninety-five dol- 
lars ...... 

Two thousand and eighty-five dollars, 

One thousand two hundred and for- 
ty-five dollars .... 
Five thousand and seventy dollars . 

Nine hundred and seventy-five dol- 
lars 



n,455 00 

1,245 00 

1,290.00 

5,235 00 
840 00 

1,530 00 

6,420 00 

3,660 00 
465 00 

1,410 00 

5,850 00 
2,055 00 



795 00 
2,085 00 



1,245 00 
5,070 00 



975 00 



$77,925 00 



Plymouth 
County. 



PLYMOUTH COUNTY. 



Abington . 


One thousand four hundred and ten 






dollars 


$1,410 00 


Bridgewater 


Two thousand one hundred and for- 






ty-five dollars .... 


2,145 00 


Brockton . 


Four thousand six hundred and nine- 






ty-five dollars .... 


4,695 00 


Carver 


Four hundred and ninety-five dollars, 


495 00 


Duxbury . 


One thousand one hundred and 






twenty-five dollars 


1,125 00 



1880. — Chapter 248. 

PLYMOUTH COUNTY — Concluded. 



217 



Plymouth 
County. 



E. Bridgewater 

Halifax 

Haitover 

Hanson 

Hingham 

Hull . 

Kingston 

Lakeville 

Marion 

Marshfield 

Mattapoisett 

Middleborough . 

Pembroke . 

Plymouth . 

Plympton . 

Rochester . 

Rockland . 

Scituate 

South Abington . 

South Scituate . 

Wareham . 

W. Bridgewater . 



One thousand one hundred and fifty- 
five dollars ..... 
Two hundred and fifty-five dollars . 

Eight hundred and twenty-five dol- 
lars ...... 

Four hundred and ninety-five dollars, 

Two thousand nine hundred and 

twenty-five dollars 
Four hundred and eighty dollars 

One thousand three hundred and 

ninety-five dollars 
Four hundred and eighty dollars 

Four hundred and five dollars . 

Eight hundred and twenty-five dol- 
lars ...... 

One thousand and twenty dollars 

Two thousand one hundred and sixty 
dollars ...... 

Six hundred dollars .... 

Three thousand seven hundred and 
twenty dollars .... 
Two hundred and seventy dollars 

Four hundred and twenty dollars 

One thousand seven hundred and 
twenty-five dollars 

One thousand two hundred and fif- 
teen dollars ..... 

One thousand one hundred and sev- 
enty dollars ..... 

Nine hundred and thirty dollars 

Nine hundred and seventy-five dol- 
lars ...... 

Seven hundred and eighty dollars . 



,155 00 
255 00 



825 00 
495 00 



2,925 00 
480 00 



1,395 00 
480 00 

405 00 



825 00 
1,020 00 



2,160 00 
600 00 



3,720 00 
270 00 

420 00 



1,725 


00 


1,215 


00 


1,170 
930 


00 
00 


975 
780 


00 
00 


134,095 


00 



28 



218 



Suflfolk 
County. 



1880. — Chapter 248. 

SUFFOLK COUNTY. 



Boston 


Six hundred and nineteen thousand 






one hundred and ten dollars 


1619,110 00 


Chelsea 


Fourteen thousand seven hundred 






and thirty dollars 


14,730 00 


Revere 


One thousand five hundred and sixty 






dollars 


1,560 00 


Winthrop . 


Eight hundi-ed and forty dollars 


810 00 




$636,240 00 



Worcester 

County. 



WORCESTER COUNTY. 



Ashburnham 


Athol 




Auburn 




Barre . 




Berlin 




Blackstone 




Bolton 




Boylstou 




Brookfield 




Charlton 




Clinton 




Dana . 




Douglas 




Dudley 




Fitchburg . 




Gardner 




Grafton 




Hardviick . 




Harvard 





Nine hundred and forty-five dollars. 

Two thousand three hundred and 

fifty-five dollars . . . . 

Four hundred and ninety-five dollars, 

One thousand five hundred and nine- 
ty dollars .... 
Four hundred and twenty dollars 

One thousand seven hundred and 

eighty-five dollars 
Four hundred and sixty-five dollars 

Four hundred and eighty dollars 

One thousand one hundred and 

eighty-five dollars 
Eight hundred and forty dollars 

Three thousand seven hundred and 

five dollars .... 
Two hundred and fifty-five dollars 

Seven hundred and ninety-five dol- 
lars ...... 

Eight hundred and eighty-five dollars, 

Ten thousand six hundred and thu-ty- 
five dollars ..... 

One thousand seven hundred and 
seventy dollars .... 

One thousand six hundred and thirty- 
five dollars ' . 

Nine hundred and fifteen dollars 

Nine hundred and fifteen dollars 



15 00 



2,355 00 
495 00 



1,590 00 
420 00 



1,785 00 
465 00 

480 00 



1,185 
840 


00 
00 


3,705 
255 


00 
00 


795 


00 


885 


00 


10,635 00 


1,770 


00 


1,635 00 
915 00 



915 00 



1880. — Chapter 248. 

WORCESTER COUNTY — Continued. 



219 



"Worcester 
County. 



H olden 

Ilubbardston 

Lancaster . 

Leicester . 

Leominster 

Lunenburg 

Mendon 

Gilford . 

Millbury . 

New Braintree . 

Northborough 

Northbridge 

North Brookfield, 

Oakham 

Oxford 

Paxton 

Petersham 

Phillipston 

Princeton 

Royalston 

Rutland 

Shrewsbury 

Southborough 

Southbridge 

Spencer 

Sterling 

Sturbridge . 



Eight hundred and twenty-five dol- 
lars ...... 

Seven hundred and thirty-five dollars, 

One thousand nine hundred and five 
dollars . .... 

One thousand seven hundred and 
eighty-five dollars 

Three thousand two hundred and 
twenty-five dollars 

Six hundred and forty-five dollars . 

Five hundred and fifty-five dollars . 

Four thousand two hundred and 
ninety dollars .... 

Two thousand two hundred and five 
dollars ...... 

Four hundred and five dollars . 

One thousand and sixty-five dollars . 

One thousand eight hundred and 

seventy-five dollars 
One thousand five hundred and sixty 

dollars ...... 

Three hundred dollars 

One thousand two hundred and nine- 
ty dollars ..... 
Two hundred and seventy dollars . 

Five hundred and eighty-five dollars, 

Two hundred and seventy dollars 

Seven hundred and sixty-five dollars. 

Six hundred and thirty dollars 

Three hundred and ninety dollars . 

Nine hundred and forty-five dollars . 

One thousand one hundred and fifty- 
five dollars ..... 

Two thousand six hundred and 
twenty-five dollars 

Two thousand three hundred and 
ten dollars ..... 

Nine hundred and sixty dollars 

Nine hundred and sixty dollars 



mo 00 

735 00 



1,905 00 

1,785 00 

3,225 00 
645 00 

555 00 

4,290 00 

2,205 00 
405 00 

1,065 00 
1,875 00 



1,560 00 
300 00 


1,290 
270 


00 
00 


585 


00 


270 


00 


765 


00 


630 


00 


390 00 


945 


00 


1,155 


00 


2,625 


00 


2,310 
900 


00 
00 



900 00 



220 



Worcester 
County. 



Recapitulation 
by counties. 



1880. — Chapter 248. 

WORCESTER C O U NT Y — C onclud ed. 



Sutton 


One thousand two hundred and thir- 






ty dollars 


$1,230 00 


Templeton . 


One thousand one hundred and ten 






dollars 


1,110 00 


Upton 


Seven hundred and thirty-five dollars, 


735 00 


Uxbridge . 


One thousand five hundred and thirty 






dollars 


1,530 00 


Warren 


One thousand three hundred and five 






dollai% 


1,305 00 


Webster 


Two thousand one hundred dollars . 


2,100 00 


Westborough 


Two thousand and twenty-five dol- 






lars ...... 


2,025 00 


West Boylston . 


Nine hundred and ninety dollars 


990 00 


West Brookfield . 


Seven hundred and twenty dollars . 


720 00 


Westminster 


Seven hundred and thirty-five dol- 






lars 


735 00 


Winchendon 


One thousand eight hundred and six- 






ty dollars 


1,860 00 


Worcester . 


Forty-two thousand seven hundred 






and sixty-five dollars . 


42,765 00 
^123,705 00 



RECAPITULATION. 



Barnstable Co, . 


Fourteen thousand and fifty-five dol- 






lars 


$14,055 00 


Berkshire Co. 


Thirty-three thousand and sixty dol- 






lars 


33,060 00 


Bristol Co. . 


Ninety-four thousand four hundred 






and ten dollars .... 


94,410 00 


Dukes Co. . 


Two thousand four hundred and 






seventy-five dollars 


2,475 00 


Essex Co. . 


One hiuidred and forty-one thousand 






one hundredand ninety-five dollars. 


141,195 00 


Franklin Co. 


Fifteen thousand one hundred and 






twenty dollars .... 


15,120 00 


Hampden Co. 


Sixty-four thousand five hundred and 






seventy-five dollars 


64,575 00 


Hampshire Co. . 


Twenty-two thousand three hundred 






and fifty dollars .... 


22,350 00 


Middlesex Co. . 


Two hundred and thirty-eight thou- 






sand eight hundred dollars . 


238,800 00 


Nantucket Co. . 


One thousand nine hundred and nine- 






ty-five dollars .... 


1,995 00 


Norfolk Co. 


Seventy-seven thousand nine hundred 






and twenty-five dollars . 


77,925 00 



1880. — Chapter 248. 
RECAPITULATION — Concluded. 



221 

Recapitulation. 



Plymouth Co. 
Suffolk Co. . 
Worcester Co. . 


Thirty-four thousand and ninety-five 
dollars ...... 

Six hundred and thirty-six thousand 
two hundred and forty dollars 

One hundred and twenty-three thoii- 
sand seven hundred and five dollars, 


$34,095 00 
636,240 00 
1-23,705 00 






■•11,500,000 00 



Section 2. The treasurer shall forthwith send his war- 
rant, 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 severally 
their warrant or warrants requiring the treasurers of their 
several cities or towns to pay, to the treasurer of the Com- 
monwealth, on or before the tenth day of December in the 
year one thousand eight hundred and eighty, 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, Avith the sum 
which each may be required to collect, to the treasurer of 
the Commonwealth, at some time before the first day of 
October next. 

Section 4. If the amount due from any city or town, 
as provided in this act, is not paid to the treasurer of the 
Commonwealth within the time specified, then the treas- 
urer shall notify the treasurer of said delinquent city or 
town, who shall pay into the treasury of the Common- 
wealth, in addition to the tax, such further sum as would 
be equal to one per centum per month during such delin- 
quency, dated on and after the tenth day of December 
next ; and if the same remains unpaid after the first of 
January next, an information may be filed by the treas- 
urer of the Commonwealth in the supreme judicial court, 
or before any justice thereof, against such delinquent city 
or town ; and upon notice to such city or town, and a sum- 
mary hearing thereon, a warrant of distress may issue 



Treasurer of 
the Common- 
wealth to issue 
warrants. 



To require 
selectmen or 
assessors to 
issue warrants 
to city or town 
treasurers. 



To notify the 
treasurers of 
cities and towns, 
delinquent. 



222 



1880. — Chapters 249, 250. 



against sucli city or town to enforce the payment of said 
taxes, under such penalties as said court or the justice 
thereof before whom the hearing is had shall order. 

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

Approved April 24, 1880. 



Chap. 249 An Act in relation to conyictions for violations of laws 

RELATING TO THE SALE OF INTOXICATING LIQUORS. 

Be it enacted, &c., as follows: 

Whenever any person holding a license for the sale of 
intoxicating liquors is convicted of the violation of any 
law relating to the business he is licensed to pursue, the 
clerk of the court in which such conviction was had, (or 
the justice of any court not having a clerk), shall send a 
certificate under seal, showing the time and place of such 
conviction, to the board which issued the license. 

Approved April 24, 1880. 



Licensing board 
to be notified of 
conviction of 
person licensed. 



Commitraent of 
lunatics to in- 
sane asylums. 



Chap. 250 An Act concerning the commitment and transfer of lu- 
natics. 

Be it enacted, &c., as follows : 

Section 1. Whenever an application for the commit- 
ment of an alleged lunatic or insane person to any lunatic 
hospital or asylum shall be made, accompanied with the 
statement of the applicant required by law, the judge or 
justice having jurisdiction in the premises may there- 
upon, and after hearing such other evidence as he may 
deem proper, issue a warrant for the apprehension and 
bringing before him of the alleged lunatic or insane per- 
son, if, in the judo;ment of such judge or justice, the condi- 
tion or conduct of such person seems to render it necessary 
or proper to do so for the safety of such person, or for due 
examination and hearing in the premises. Such warrant 
may be directed to and be served by a private person 
named in said warrant, as well as a qualified officer; and 
pending examination and hearing such order may be 
made concerning the care, custody or confinement of such 
alJeged lunatic or insane person as the judge or justice 
shall see fit. 

Section 2. Each judge or justice shall keep a docket 
or record of the causes relating to lunatics, or insane per- 
sons coming before him, numbered or otherwise properly 
designated, and their disi30sition. He shall also receive 



.Tud?e to keep 
dooiiet of causes 
relating to 
lunatics. 



1880. —Chapter 250. 



223 



and keep on his file the original application, statement of 
applicant, and certificate of physicians ; also the copy of 
the order of commitment, attested by and with the return 
thereon of the officer or other person serving the same. 

Section 3. The fees of the judge or justice shall be as 
follows : for hearing and deteimining the application, and 
filing papers, in cases where the alleged lunatic is brought 
before him, three dollars. In cases where he is required 
to go from his office or place of business to see and exam- 
ine the alleged lunatic, the judge or justice shall be 
allowed an additional fee of one dollar, and all necessary 
expenses of travel. In cases where more than one day is 
actually and necessarily occupied in a hearing, a fee of 
two dollars for each additional day shall be allowed; 
where the commitment is made to a state lunatic hospital, 
the fees shall be paid b}^ the county of which the alleged 
lunatic is an inhabitant ; and where the commitment or 
removal is to any other lunatic hospital, asylum or recep- 
tacle for the insane, such fees shall be paid by the applicant 
for the commitment or removal, or by some one in his 
behalf. The accounts for fees payable by any county as 
above provided, shall be presented as often as once in a 
year to the county commissioners, who shall examine and 
audit the same, and they shall then be paid by the county 
treasurer. In cases which have arisen since the passage 
of cha])ter one hundied and ninety-five of the acts of the 
year eighteen hundred and seventy-nine, and before the 
passage of this act, such judges or justices shall be entitled 
to charge the same fees as are above provided, to be col- 
lected by them from the same source as if this act had 
been a part of the said chapter. The fees for officers 
serving processes in matters to which this act relates, 
shall be the same as now allowed by law in like cases, 
the accounts therefor to be certified by the judge or 
justice, and paid in the same manner as provided herein 
for the judges. 

Section 4. The board of health, lunacy and charity 
shall have full power to transfer and commit to either of 
the state lunatic hospitals, or to the asylum for the 
chronic insane at Worcester, any inmate of the state 
almshouse or the state workhouse, when the condition of 
said inmate requires such transfer: 2?rovided^ that no such 
transfer shall be made except upon the certificate of two 
physicians, one of whom shall have no connection with 
any hospital or asylum for the insane, to the insanity of 



Fees of judge. 



Fees payable by 
county, to be 
prceented as 
often as once 
a year. 



Fees for officers. 



Inmate of state 
workhouse may 
be transferred 
to bospilal. 



Proviso. 



224 



1880. — Chapter 250. 



Experts to 
examine con- 
victs in state and 
reformatory 
prisons. 



Convict, if 
insane, may be 
removed by 
order of 
governor. 



May be returned 
to prison. 



such inmate. Upon application of the director, manager 
or trustees of any private asylum for the insane, said 
board shall have the same power of transfer concerning 
the inmates of such asylums that it has concerning the 
inmates of the state lunatic hospitals ; provided, the legal 
guardian of such patient shall consent to the transfer. 

Section 5. The state board of health, lunacy and 
charity shall designate two persons, expert in cases of 
insanity, to examine convicts in the state prison or 
reformatory prison for women, alleged to be insane. 
When any such convict appears to be insane, the warden 
or superintendent of the prison shall notify one of the 
persons designated by said board, as aforesaid, who shall, 
with the physician of such prison, examine the convict 
and report to the governor the results of their investiga- 
tions. If upon such report the governor shall deein the 
convict to be insane, and that his removal is expedient, he 
shall issue his warrant directed to the warden or super- 
intendent authorizing him to cause the convict to be 
removed to one of the state lunatic hospitals, there to 
be kept until in the judgment of the superintendent and 
trustees of the hospital to which he may be committed, 
the convict should be returned to prison. When the 
trustees and superintendent of the hospital shall have 
come to such judgment in the matter, the fact shall be 
certified upon the warrant of the governor, and notice 
shall be given to the warden or superintendent of the 
prison, who shall thereupon cause the convict to be 
reconveyed to the prison, there to remain pursuant to the 
original sentence, computing the time of his detention or 
confinement in the hospital as part of the term of his im- 
prisonment. Any officer authorized to serve criminal 
process in this Commonwealth may execute any order for 
the removal of a convict to or from any prison under the 
provisions of this section. Sections one, two and three of 
chapter one hundred and eighty of the General Statutes, 
and section one of chapter eight of the acts of the year 
eighteen hundred and sixty-two, are hereb}'^ repealed. The 
person making an examination of a convict under the 
designation of said board, as aforesaid in this section, 
shall, if he is not a salaried officer of said board, receive 
for his services his actual travelling expenses and three 
dollars a day for each day so employed, which shall be 
paid from the annual appropriation of the prison in which 
the convict is examined. 



1880. 



Chapters 251, 252. 



225 



Section 6. The provisions of chapter one liundred and Tiansfer and 
ninety-five of the acts of the year eighteen hundred and imui'thfB." 
seventy-nine shall not apply to cases of transfer or removal i^''-*-!^^- 
of lunatic prisoners under the order of the governor, in 
pursuance of section seven of chapter seventy-four of the 
General Statutes, and shall be applicable to cases of trans- 
fer or removal of lunatic convicts made in pursuance of 
chapter one hundred and eighty of the General Statutes. 

Section 7. This act shall take effect upon its passage. 

Approved April 24, 1880. 

An Act to provide for the transfer of actions, suits and Chap. 251 

PROCEEDINGS BROUGHT IN A WRONG COUNTY. 

Be it enacted, &c., as follows : 

Section 1. When it shall appear that any action, suit Transfer of 
or proceeding hereafter commenced in the supreme judi- iirouKht?n''tiie 
cial court or in the superior court, has been brought in a 
wrong county, the court, on motion of either party, may 
order such action, suit or proceeding with all papers re- 
lating to the same, to be transferred to the proper county, 
and it shall thereupon be entered and prosecuted in the 
same court for that county, as if originally made returna-. 
ble therein, and all prior proceedings otherwise regularly 
taken shall be valid after the change of venue. The 
court may allow such terms to the defendant in the action, 
suit or proceeding removed, as it may deem reasonable and 
just. 

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

Approved April 24, 1880. 



wrong county. 



An Act to facilitate the sale and use of the common- Chap. 252 
wealth's flats at south boston. 

Be it enacted, &c., as follows : 

Section 1. Any railroad company hereafter organized junction ran- 
for the purpose of connecting the lands known as the bum™"^^^'^ 
Commonwealth's fiats at South Boston with any then 
existing railroads may, after obtaining the consent of the 
board of harbor and land commissioners, locate a junction 
railroad upon said lands upon the approval thereof by the 
governor and council, and upon such terms and conditions 
as they may prescribe. And any existing railroad company 
may, on like terras, locate antl ])uild a branch for the same 
purpose, which shall also be known as a junction railroad. 
Such junction railroad shall connect its tracks with one or May connect 
more railroads within twenty miles of Boston ; and shall roads* wuhin 20 

miles of Boston. 
'29 



226 



1880. — CHArTER 252. 



Any railroad 
may construct 
branch to con- 
nect with 
junction road. 



Roads may 
connect with 
branches of 
olhtir roads. 



Junction road 
may enter upon 
tracks of any 
raihoad for 
connecting 
witli Common- 
wealth's flats. 



Lease, use or 
construction by 
any railroad 
corporation. 

Repeal of 
lS7a, 239, § 6. 



Littoral pro- 
prietors may re- 
cover damages. 



charge fnr the use of its tracks to all railroads connecting 
therewith a rate which shall be equal and without dis- 
crimination as to each kind of service performed. And 
the railroads,with which said junction road shall so con- 
nect its tracks, may use the tracks of said junction road 
each with its own motive power, on terms and under regu- 
lations approved by the board of railroad commissioners. 

Section 2. Any railroad corporation, for the purpose 
of reaching said flats, may construct a branch from any 
point on its own road within twenty miles of Boston to 
the nearest point upon the location of said junction rail- 
road where it can conveniently connect therewith, may 
enter upon the location of and may connect its tracks 
with the tracks of said junction road, and shall have, with 
said junction road, the rights of connecting railroads, and 
may use the tracks of said junction road with its own 
motive power, on terms and under regulations approved 
by the board of railroad commissioners. 

SECTION 3. Any railroad corporation for the purpose 
of reaching said flats may construct a branch from any 
point on its own road within twenty miles of Boston to 
the nearest point upon the location of any branch road, 
^constructed as provided in section two, where it can con- 
veniently connect therewith, may enter upon the location 
of and connect its tracks with said branch ; and shall have, 
as to said branch and all branches intervening between it 
and said flats, and as to said junction railroad, all the 
powers granted to a branch railroad constructed under 
section two. 

Section 4. Any junction road authorized by section 
one may enter upon the location of and connect its tracks 
with those of any railroads for the purpose of connecting 
the same with the Commonwealth's flats, and enter upon 
and use the same, and have with said roads the power of 
connecting railroads : provided, that nothing in this act 
contained shall be construed to allow any road authorized 
by this act to use its own motive power on any railioad 
except tlie junction and branch roads herein authorized. 

Section 5. Any railroad coi-jDoration or corporations 
may make contracts for the construction, lease or use of 
the junction road and of the branches hereby authorized. 
Section six of chapter two hundred and thirty-nine of the 
acts of the year eighteen hundred and seventy-five is 
hereby repealed. 

Section 6. If any railroad, in pursuance of the author- 
ity granted by this act, shall cross any part of the waters 



1880. — Chapter 253. 



227 



Locntion, etc., 
to be under 
general railroad 
law. 



Subject to con- 
sent of land and 
harbor com- 
missioners and 
governor and 
council. 



of Boston harbor, otherwise tlian by a pile bridge with a 
suitable draw, any littoral proprietor, except such as shall 
have released to the Commonwealth a right to fill and 
build structures and exclnde water, who shall suffer any 
obstruction or interruption of his access to and from the 
sea by reason of the location of any railroad upon said 
flats of the Commonwealth, may recover of the corporation 
whose railroad shall be so located all damages occasioned 
by such location in the same manner and with the same 
rights as to security as are provided by law in respect to 
damages occasioned by laying out and maintaining rail- 
roads. 

Section 7. The proceedings under this act including 
the location and construction of the road and brandies 
hereby authorized, the fixing of the routes and the ascer- 
tainment and recovery of damages, shall be in conformity 
with and subject to the general railroad law, except as 
herein provided. 

Section 8. No existing corporation and no corporation 
that may be hereafter organized for the purposes set forth 
in this act, nor any other parties, shall enter upon or locate 
a junction railroad upon said lands until they shall first 
obtain the consent of the board of harbor and land com- 
missioners and also of the governor and council, and have 
agreed upon the amount to be paid for such location, and 
upon the terms of payment therefor, and also shall have 
agreed upon such other terms and conditions as may be 
prescribed as to such location. 

Section 9. This act shall take effect upon its passage. 

Approved April 24, 1880. 

An Act to fix the coiiPExsATiON of the sergeakt-at-arms Chap. 253 

AND OF THE CLERKS AND ASSISTANT CLERKS OF THE SENATE AND 
HOUSE OF REPRESENTATIVES. 

Be it enacted, &c., as folloivs : 

Section 1. The salaries of the sergeant-at-arms and 
of the clerks of the senate and house of representatives, 
from and after the first day of January eighteen hundred 
and eighty, shall be two thousand five hundred dollars each 
per annum, and the salaries of the assistant clerks of the 
senate and house of representatives shall be nine hundred 
dollars each for the session. 

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

Approved April 24, 1880, 



Salaries 
established. 



228 



1880. — Chapter 254. 



Chap. 254 



Owners of 
meadow lands 
incorporated. 



Name and 
purpose. 



Powers and 

duties. 



Meeting of 
owners. 



May choose cer- 
tain officers. 



May remove 
obsiruciions in 
Cow's River. 



Monej-8 voted, 
to be assessed 
upon pro- 
rietors. 



An Act to incorporate the owners of meadow lands lying 

ON cow's river. 
Be it enacted^ d&c, as follows: 

Section 1. The owners of the meadow lands lying on 
each side of Cow's River, in the town of Sandwicli and 
county of Barnstable, included between the beach on the 
north and uplands on all other sides, except three hun- 
dred and forty feet of dike which makes a part of the 
eastern boundar3% are hereby made a corporation by the 
name of the Spring Hill Cranberry Meadow Company, 
with power to drain, dike, flow and improve said meadows 
from time to time for the purpose of raising cranberries 
and for improving the grass thereon, with power to sue 
and be sued in its corporate name, and with all other 
powers and privileges and subject to the duties, restric- 
tions and liabilities set forth in the general laws which 
now are or hereafter may be in force relating to such 
corporations. 

Section 2. Any justice of the peace, upon application 
in writing from ten or more of said owners, shall issue his 
warrant to one of the owners aforesaid, requiring him to 
notify and warn a meeting of said owners for the purposes 
to be expressed in said warrant, by posting copies of said 
warrant in at least two public places in said town of Sand- 
wich, and by publishing the same once each week for 
three successive weeks in some newspaper published in 
said county of Barnstable, said posting and said publica- 
tion to be at least fourteen days before said meeting; and 
said owners, when legally assembled as aforesaid, may 
adopt by-laws for the government of said corporation, and 
may also choose a clerk, treasurer, assessors and collector, 
who sliall be sworn to the faithful discharge of their 
duties, and shall continue in office until others are chosen 
and sworn in their stead, which said officers may exercise 
the same power and authority in performing the duties of 
their appointment as town officers of the like description. 

Section 3. In addition to the powers already granted 
said corporation shall have power to remove grass, weeds 
and any other natural obstructions, and all illegal obstruc- 
tions in said Coav's River and its tributary, whereby the 
drainage of their said meadow lands is obstructed or pre- 
vented, and to vote and raise moneys for said purposes, 
and for all other necessary expenses of said corporation ; 
and all moneys which may be voted to be raised as afore- 
said shall be assessed upon each proprietor in said mead- 
ows according to the number of acres owned bv him, and 



1880. — Chapter 255. 229 

the benefits likely to be received ; and any owner who is 
aggrieved by the amount of the tax levied on his land 
may, at any time within thirty days after said assessment, 
appeal to the county commissioners for said county of 
Barnstable, who shall have power to reduce or increase 
the amount of said tax, and to make the same as said cor- 
poration should have made it under the provisions of this 
bill ; and if any owner shall refuse or neglect to pay the 
sum or sums assessed upon him as aforesaid for sixty 
daj's after demand thereof, so much of his said land may Land may be 
be sold as will be sufficient to pay the same, together with meniLToT* 
costs, in the same way and manner as non-resident owners' p"*'*^- 
lands in this Commonwealth are sold to pay town taxes ; 
but nothing herein contained shall authorize arrest of the 
person, nor the sale of any property except said meadow 
lands. Said corporation shall be liable for all damages Liability for 
done by it to the lands of any person under authority of '^'""^^''*- 
this act, and like proceedings shall be had for the deter- 
mination and recovery thereof as in the case of laying out 
highways. The amount of damages so determined and all 
sums for which judgment may be recovered by any party 
against said corporation shall be assessed upon each pro- 
prietor and collected in the same manner as moneys voted 
to be raised for other purposes under this section : jjvo- 
vided^ that this act shall not take effect until the owners of 
three-quarters of all the meadow lands included herein 
shall have expressed in writing their acceptance of this 
act, which acceptance, together with the oath of at least subject to 
three of said owners that in their belief the owners of three-q^uane/s 
three-quarters of all said meaduw lands have signed said "^ owners, 
acceptance, shall be filed in the office of the secretary of Acceptance to 
state, and the certificate of said secretary that such alleged of ^e'cretlu-y!'^'^*' 
acceptance has been so filed shall be prhna facie evidence 
of such acceptance. Approved April 24, 1880. 

An Act to incorporate the owners of meadow lands Chap. 255 

LYING ON MILES RIVER. 

Be it enacted, &c., as follows : 

Section 1. The owners of the meadow lands lying on owners of 

each side of Miles River, in the towns of Ipswich, Ham- ScorpwrJtTd.^ 
ilton and Wenham in the county of Essex, are hereby 

made a corporation by the name of the Miles River Name and 

Meadow Company, with power to drain and improve said p"'"p°*''- 
meadows from time to time for the purpose of saving the 
grass growing thereon, and improving the quality thereof, 

with power to sue and be sued in its corporate name and Powers and 

duiits. 



230 



1880. —Chapter 255. 



Meeting of 
owners. 



May choose 
certain officers. 



May remove 
obstructions in 
Miles Rivtr. 



Moneys voted, 
to be assessed 



upon pro- 
prietors. 



Land may be 
sold if assess- 
ments are not 
paid. 



with all other powers and privileges, and subject to the 
duties, restrictions and liabilities set forth in the general 
laws which now are or hereafter may be in force relating 
to such corporations. 

Section 2. Any justice of the peace, upon application 
in writing from ten or more of said owners, shall issue his 
warrant to one of the owners aforesaid, requiring him to 
notify and warn a meeting of said owners, for the purposes 
to be expressed in said warrant, by posting copies of said 
warrant in at least two public places in each of said towns, 
seven days at least before the time of said meeting ; and 
said owners when legally assembled as aforesaid, may 
adopt by-laws for the government of said corporation, and 
may also choose a clerk, treasurer, assessors, collector and 
surveyors, who shall be sworn to the faitliful discharge of 
their duties, and shall continue in office until others are 
chosen and sworn in their stead, which said officers may 
exercise the same power and authority in performing the 
duties of their appointment as town officers of the like 
description. 

Section 3. In addition to the powers already granted, 
said corporation shall have power to remove grass, weeds 
and other natural obstructions and all illegal obstructions 
in said Miles River, whereby the drainage of their said 
meadow lands is obstructed or prevented, and to vote and 
raise moneys for said purposes, and for all other necessary 
expenses of said corporation ; and all moneys which may 
be voted to be raised as aforesaid shall be assessed upon 
each proprietor in said meadows, according to the number 
of acres owned by him, and the benefit likely to be 
received ; and any owner who is aggrieved by the amount 
of the tax levied on his land, may at any time within 
thirty days after said assessment appeal to the county 
commissioners for said county of Essex, who shall have 
power to reduce or increase the amount of said tax and to 
make the same as said corporation should have made it 
under the provisions of this bill ; and if any owner shall 
refuse or neglect to pay the sum or sums assessed upon 
him as aforesaid for sixt}^ days after demand thereof, so 
much of his said land ma}^ be sold as will be sufficient to 
pay the same, together with costs, in the same way and 
manner as non-resident owners' lands in this Common- 
wealtli are sold to pay town taxes ; but nothing herein 
contained shall authorize arrest of the person nor the sale 
of any property except said meadow lands. Said corpo- 
ration shall be liable for all damages done by it to the 



1880. — Chapters 256, 257. 231 

lands of an}* person under authority of this act, and like Liability for 
proceedings shall be had for the determination and. recov- '^"■^^ses. 
ery thereof as in the case of laying out highways. The 
amount of damages so determined, and all sums for which 
judgment may be recovered by any party against said 
corpoiation shall be assessed upon each proprietor and 
collected in the same manner as moneys voted to be raised 
for other purposes under this section : provided, that this 
act shall not take effect until the ownei-s of three-quarters 
of all of the meadow lands included herein shall have 
expressed in writing their acceptance of this act, which subject to 
acceptance, together with the oath of at least three of said. tii?erquaner^8 
owneis, that in their belief the owners of three-quarters of owners. 
of all of said meadow lands have signed said acceptance, 
shall be filed in the office of the secretary of state, and Acceptance to 
the certificate of said secretary that such alleged accept- of secretary/'^'' 
ance has been so filed shall be prima facie evidence of such 
acceptance. Approved April 24, 1880. 

Ax Act to amend chapter two hundred and ninety-seven Chap. 256 

OF THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND SEVENTY- 
NINE ENTITLED AN ACT TO PROVIDE FOR THE RECOVERY OF 
DAMAGES FOR INJURIES CAUSED BY THE USE OF INTOXICATING 
LIQUORS. 

Be it enacted, &c., as follorcs : 

Sectiox 1. No lessor of real estate occupied for the Lessor not 
sale of intoxicating liquors shall be liable m damages ig.'^i'undllr™' 
under the provisions of chapter two hundred and ninety- is'9. ^s'.if 
seven of the acts of the year eighteen hundred and sev- licensed. 
enty-nine, if the occupant of said real estate holds a 
license for the sale of such liquors. 

Section 2. So much of said chapter two hundred and Repeal, 
ninety-seven as is inconsistent with this act is hereby 
repealed. 

Section 3. Section two of said chapter two hundred Repeal of 
and ninetj'-seven is hereby repealed. i8i9, •29.,§3. 

Approved April 24, 1880. 

An Act for the protection of the people of the common- Chap. 2^1 

WEALTH AGAINST TRAMPS. 

Be it enacted, &c., as folloivs : 

Section 1. Any person convicted of being a tramp Tramps to be 
shall be imprisoned in the house of correction, or in the less'than'sf/"' 
state workhouse at Bridgewater, for not less than t^ix n^oniiJ*- 
months nor moie than two years, subject to the pi-ovisions 
of all existing laws establishing and regulating said insti- 
tutions. 



232 



1880. — Chapter 257. 



" Tramps." 



Any act of 
begging to be 
evidence. 



Penalty for 
entering dwell- 
ing house with- 
out consent of 
owner. 



May be arrested 
without war- 
rant. 



Special police to 
be appointed. 



Not to apply to 
a female or 
minor under 
17 years. 



Escape from 
state work- 
house. 



Section 2. All persons who rove about from place to 
place, begging, or living without labor or visible means of 
support, shall be held to be tramps within the meaning 
of this act. 

Section 3. Any act of begging or vagranc}^ by any 
person having no known residence within this Common- 
wealth, shall be prima facie evidence that the person com- 
mitting the same is a tramp within the meaning of this 
act. 

Section 4. Any ti-amp who shall enter any dwelling 
house or other building without the consent of the owner 
or occupant thereof, or shall wilfully or maliciously 
threaten to injure or injure any person therein, or shall be 
found carrying any firearm or other dangerous weapon, or 
shall threaten to do an}^ injury to any person, or to the 
real or personal estate of another, shall be punished by 
imprisonment in the house of correction not less than 
one nor more than five years, or in the state workhouse 
at Bridgewater not less than one nor more than three 
years ; and municipal, district and police courts and trial 
justices shall have jurisdiction of all offences under this 
act. 

Section 5. Any sheriff, deputy sheriff, constable, or 
police officer or member of the district police, upon view 
of any offence described in this act, or information thereof, 
may, Avithout warrant, arrest the offender, and make com- 
plaint against him before any court or magistrate having 
jurisdiction of the offence. 

Section 6. Mayors of cities and selectmen of towns 
are empowered and required to appoint special police offi- 
cers, whose duty it shall be to arrest and prosecute all 
tramps in their respective cities and towns ; and it shall be 
the duty of the district police to make arrests and com- 
plaints for off"ences under the pi-ovisions of this act.- 

Section 7. This act shall not appl}^ to any female or 
to any minor under the age of seventeen years, nor to any 
blind person, or to any one asking charity within the 
limits of his own city or town. 

Section 8. Any person sentenced to the state work- 
house who shall escape or attempt to escape therefrom, or 
from the custody of the officer while being conveyed to 
said workhouse, may be pursued and reclaimed ; and upon 
conviction thereof shall be punished by confinement for 
not more than six months in addition to his previous sen- 
tence. 



1880. ~ Chapters 258, 259, 260. 



233 



Section 9. Upon the passage of this act the secretary copies of act to 

n.,in • 1 \ • j?j.i xl „<- be sent to cities 

of state shall cause printed copies oi the same to be sent and towns, and 
to the several city and town clerks, who shall cause them t'le'-'^ po^ffi- 
to be posted in at least six conspicuous places, three of 
which shall be in the public highwu}'. 

Section 10. Whoever wilfully destroys, mutilates. Penalty for 
defaces, injures or removes any copy of this act, posted as of act"^ ''"''^ 
required by section nine, shall be punished b}'- imprison- 
ment in the jail not exceeding thirty days, or by fine not 
exceeding twenty-five dollars. 

Section 11. This act shall take effect May first, 
eighteen hundred and eighty. 

Ajiproved April 24, 1S80. 

An Act amending the general railroad laws in relation Chap. 258 
TO the transportation of merchandise. 

Be it enacted, <6c., as follows: 

Section one hundred and forty-one of chapter three hun- Actioti for 
dred and seventy-two of the acts of the year eighteen i874!3'72,§§38- 
hundred and seventy-four is amended by striking out the btoughYwithin 
words "sixty days," and inserting instead thereof the one year. 
words " one year." Approved April 24, 1880. 



An Act concerning the election of moderator in the Chap. 259 

TOWN OF RICHMOND. 



Election of 
moderator 
confirmed. 



Be it enacted, &c., as follows : 

Section 1. The election of moderator made at the 
town meeting in the town of Richmond on the twelfth 
day of April in the current year so far as the same may 
appear illegal for the reason that the check list was not 
used in said election is hereby ratified and confirmed and 
the same shall be taken and deemed good and valid in law 
to all intents and purposes whatsoever. 

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

Approved April 24, 1880. 

An Act to enable the new york and new England rail- Chap. 260 

ROAD COMPANY TO ACQUIRE TERMINAL FACILITIES FOR FREIGHT 
PURPOSES. 

Be it enacted, &c., as follows: 

Section 1. The New York and New England Railroad 
Company may buy, as hereinafter provided, for depot and 
station purposes, shifting grounds, railroad yards, and for 
the erection of freight houses, warehouses and elevators, 
and for other like uses and buildings for railroad and ship- 
so 



May buy land 
for railroad 
and shipping 
terminal 
facilities. 



234 



1880. — Chapter 260. 



Twenty-five 
acre lot. 



81,000,000 to 
be paid, in 
instaliuents. 



Parcel contain- 
ing twelve acres. 



ping terminal facilities, the following described parcels of 
land and flats, situated in that part of the city of Boston, 
called South Boston : — 

First. A parcel known as the t\vent3'-five acre lot, 
bounded westerl}', northerl}^ and north-easterly by Fort 
Point Channel and Boston Harbor, south-easterly by the 
parcel of land and flats known as the fifty acre lot, which 
the Boston and Albany Kailroad Companj^ heretofore con- 
tracted to purchase of the Commonwealth, and south- 
westerly by land of the Boston Wliarf Company, subject 
to the right of the city of Boston to lay out Northern 
Avenue over said parcel as provided in an indenture of 
four parts between the Commonwealth, the Boston and 
Albany Railroad Company, the Boston Wharf Company, 
and the city of Boston, dated the twenty-fourth day of 
June, eighteen hundred and seventy-three. For this par- 
cel said New York and New England Kailroad Company 
shall pay the sum of one million of dollars as follows, 
namely : — twenty-five thousand dollars in cash on or before 
the first day of June, eighteen huudred and eighty, one 
hundred and seventy-five thousand dollars on or before the 
first day of May eighteen hundred and eighty-one, and the 
remaining eight hundred thousand dollars in ten years 
thereafter, with interest semi-annually at the rate of four 
per cent, per annum from the date of said payment of one 
hundred and seventy-five thousand dollars. And upon 
the payment of said sum of two hundred thousand dollars, 
said New York and New England Railroad Company shall 
have all the rigiits of the Commonwealth under said in- 
denture to build Northern Avenue bridge and extend 
Northern Avenue to some existing street on the north- 
westerly side of Fort Point Channel, for and on account 
of said city, and to reimbursement therefor from said city, 
as provided in said indenture. Said railroad company shall 
also have authority to construct at its own cost, another 
dock on said parcel, similar in construction to that now on 
said parcel. Said railroad company shall also have author- 
ity to build, at its own cost. Northern Avenue bridge, in 
anticipation of action by the said city, subject, however, to 
all rights of said city under said indenture. 

Second. A j)arcel of land and flats containing twelve 
acres, more or less, and bounded north-easterly by Eastern 
Avenue, south-easterly by B. Street in said South Boston, 
southerly by land of Joseph W. Clark and land of said 
railroad company, and north-westerly by land of the 
Boston Wharf Coinpany, subject to ail rights Avhich the 



1880. — Chapter 260. 



235 



cit}' of Boston or the Boston and Albany Railroad Com- 
pany have or may have therein under any contracts here- 
tofore made, npon the terms and conditions following, 
namely: — Said New York and New England Railroad 
Company shall pay for said parcel the sum of one hundred 
and eight thousand one hundred and sixty-five dollars into 
the treasury of the Commonwealth, of which twenty-one 
thousand six hundred and tliirty-tlu'ee dollars shall be 
paid on or before the first day of July next and the 
remaining eighty-six thousand five hundred and thirty- 
two dollars on or before the first day of July in the 3'ear 
eighteen hundred and ninety with interest thereon pay- 
able semi-annually at the rate of four per cent, per annum, 
and in the event that any portion of said parcel shall be 
held or acquired before the final payment herein provided 
by the Boston and Albany Railroad Company under any 
of the contracts aforesaid there shall be deducted from the 
purchase money then unpaid by the New York and New 
England Railroad Company under the provisions of this 
act an amount equal to twenty cents per square foot for 
the area so held or acquired. Within three years from 
the passage of this act said parcel of land shall be filled 
by said New York and New England Railroad Company 
to grade thirteen with material dredged from the harbor, 
and all dredging for such filling shall be to sucli depth and 
at such localities as shall be directed by the harbor and 
land commissioners. 

Section 2. Said New York and New England Rail- 
road Company may, subject to said rights of the Boston 
and Albany Railroad Company and of the city of Boston, 
occupy and improve each of said tracts or parcels of land 
so long as all payments which shall become due upon such 
parcel under the provisions of this act shall be made as 
herein provided, and upon the payment of the whole of 
the purchase mone}^ for either of said parcels, with the 
interest thereon as the same shall become due as herein 
provided, the said New York and New England Railroad 
Company shall receive from the Commonwealth a deed of 
such parcel, subject to said rights of the Boston and 
Albany Railroad Company and of the cit}'' of Boston, exe- 
cuted and approved as provided by law for deeds of other 
lands of the Commonwealth. 

Section 3. For the purpose of getting access to and 
utilizing either of the said parcels of land, the New York 
and New England Railroad Company is liereby authorized 
to locate, construct, maintain and operate railroad tracks 



$108,165 to 
be paid, in 
instalments. 



To be filled to 
grade thirteen, 
within three 
years. 



Deed from the 
Common wealth 
to be executed 
upon com- 
pletion of 
payments. 



Railroad tracks 
across Ea.stern 
Avenue. 



236 



1880. — Chapter 260. 



Junction rail- 
road may use 
tracks of New 
York and New 
Eiitrland Rail- 
road, as the 
commissioners 
may permit. 



Freight charges 
may be fixed by 
the commis- 



To give notice 
of acceptance, 
on or before 
June 1, 1880, 
and written 
agreement to 
take land to be 
delivered with- 
in thirty days 
thereafter. 



across Eastern Avenue in the city of Boston in such man- 
ner, whether at grade or otherwise, and under such regu- 
lations as the board of aldermen of the city of Boston and 
tlie railroad commissioners may prescril)e and permit. 

Section 4. Any junction railroad built for the pur- 
pose of connecting the lands and flats of the Common- 
wealth at South Boston with any existing railroad and 
connecting its tracks with said New York and New Eng- 
land Railroad may use with its own motive power the 
tracks of said New York and New England Railroad for 
the purpose of transporting freight between said point of 
connection and said lands and flats, in such manner and 
upon such terras and conditions as the railroad commis- 
sioners may prescribe and permit : provided., however^ that 
all trains while on the tracks of the New York and New 
England Railroad shall be subject to its control and direc- 
tion, in such manner as shall be approved by said commis- 
sioners ; and the charges of the New York and New 
England Railroad Company for transportation, and for 
terminal accommodations on freight going over said New 
York and New England Railroad to or from said junction 
railroad may be fixed by the railroad commissioners. 

Section 5. Said New York and New England Rail- 
road Company shall acquire no rights under this act with 
regard to either of said parcels of land unless it shall give 
to the governor and council written notice of its accept- 
ance of the same on or before the first day of June now 
next ensuing, specifying whether it accepts the same with 
regard to one or both of said parcels, and said New York 
and New England Railroad Company shall acquire no 
right unless within thirty days after such notice it shall 
also execute and deliver to the governor and council a 
written agreement satisfactory to them binding itself to 
take the parcel or parcels of land specified in said notice 
and to make the payments therefor and to do the filling 
thereon required by the terms of this act with regard 
thereto ; nor until it shall have paid into the treasury of 
the Commonwealth in cash the first payment or payments 
on the parcel or parcels they may elect to purchase, 
according to the provisions of the first and second clauses 
of section one of this act. 

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

Approved April 24, 1880. 



1880. — Chapter 2G1 



237 



Tolls may be 
proportionate 
part of gross 
receipts. 



Manager may 
contract for 
operation of 
road for seven 
years. 



An Act to amend chapter seventy-seven of the acts of the Chap. 261 

YEAR EIGHTEEN HUNDRED AND SEVENTY-FIVE RELATING TO 
THE TROY AND GREENFIELD RAILROAD. 

Be it enacted, &c., as follows : 

Section 1. The tolls fixed by the governor and coun- 
cil for the use of the Troy and Greenfield Railroad and 
Hoosac Tunnel, under the provisions of chapter seventy- 
seven of the acts of eighteen hundied and seventy-five, 
may be a proportionate part of the gross receipts of the 
railroad corporation using said railroad and tunnel ; for 
the business done by them on said line or any part 
thereof. 

Section 2. The manager of the Troy and Greenfield 
Railroad, by direction of the governor and council, may 
contract with any railroad corporation or corporations for 
the operation of the Troy and Greenfield Railroad and 
Hoosac Tunnel by said corporation or corporations for a 
term not exceeding seven years : provided, that no more 
compensation therefor shall be allowed to such corpora- 
tion or corporations than will in the judgment of the 
governor and council amount to the actual expense of 
operating the same by said corporation ; provided, however, 
that no such contract shall be made which will preclude 
the use of said railroad and tunnel by other railroad cor- 
porations whose roads connect therewith, either directly 
or over intervening railroads, as provided in statutes eigh- 
teen hundred and seventy-five, chapter seventy-seven. 

Section 3. The manager of said railroad may, by 
direction of the governor and council, make contracts 
with connecting railroads for the purpose of constituting 
through lines, and in making sucli contracts may agree to 
accept a pro rata of the through rates upon freight and 
passengers, via such through lines, and may as above 
represent the Commonwealth on any committee for con- 
ducting the business of such lines. 

Section 4. Nothing herein contained shall be so con- 
strued as to invalidate or annul any of the provisions of 
sections six or eight of said chapter seventy-seven of the 
acts of the year eighteen hundred and seventy-five. 

Approved April 24, 1880, 



May make eon- 
tracts for con- 
stituting 
through lines. 



Provisions of 
1875, 77, §§ 6, 8, 
not Invalidated. 



238 



1880. — Chapter 262. 



Chap. 262 



Appropriations. 



Schools of Nor- 
folk county. 



State library. 



Contagious 
diseases among 
cattle. 



John M. 
Stebbins. 

Support of 
prit-oners 
transferred from 
reformatory 
prison. 



State work- 
house. 



Report of health 
department. 



Green Harbor 
Marsh. 



Commissioners 
of s.ivings 
banks. 



Slate prison. 



An Act in further addition to an act making appropria- 
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 from the ordinary revenue, unless otherwise or- 
dered, for the purposes specified in certain acts and resolves 
of the present year, and for other purposes, to wit : — 

In the resolve, chapter thirty-five, "providing for the 
printing of five thousand extra copies of the report of the 
examination of the schools of Norfolk county," the sum 
of eight hundred dollars. 

In the resolve, chapter thirty-six, " to provide additional 
accommodations in the state library," the sum of four 
thousand dollars. 

In the resolve, chapter thirty-eight, " in favor of the 
commissioners on contagious diseases among cattle," the 
sum of two thousand dollars. 

In the resolve, chapter thirty-nine, in favor of John M. 
Stebbins, receiver, the sum of five hundred dollars. 

In the act, chapter one hundred and fifty-six, to provide 
for the payment of the cost of supporting prisoners in cer- 
tain cases, to carry out the provisions of section two of 
said act only, a sum not exceeding five hundred dollars. 

In the resolve, chapter forty, in favor of the state work- 
house at Bridgewater, the sum of eight thousand five hun- 
dred dollars. 

In the resolve, chapter forty-one, relative to printing 
the supplementary report of the health department of the 
board of health, lunacy and charity, a sum not exceeding 
three thousand dollars. 

In the resolve, chapter forty-two, providing for the ex- 
pense of enforcing the provisions of law in relation to 
Green Harbor Marsh, in Marshfield, the sum of two thou- 
sand dollars. 

In the act, chapter one hundred and sixty-one, entitled 
"An Act in addition to an act to provide for the auditing 
of the accounts of county officers," for extra clerical as- 
sistance in the office of the commissioners on savings 
banks, the sum of six hundred dollars, the same to be in 
addition to the amount heretofore appropriated. 

In the resolve, chapter forty-three, in favor of the state 
prison at Concord, the sum of two thousand eight hun- 
dred dollars. 

In the resolve, chapter forty-four, providing for the pur- 



1880. — C'haptkr 26-2. '239 

chase of uniforms for the militia, the sum of one hundred uniforms for 
and twelve thousand dollars. 

In the resolve, chapter forty-six, providing for a consoli- General 
(lation and arrangement of the General Statutes of the *'*'""'^^*- 
Commonwealth, a sum not exceeding fifteen thousand dol- 
lars. 

In the resolve, chapter fifty-one, in favor of the town watenown. 
of Watertown, two thousand four hundred and seventy- 
two dollars. 

In the resolve, chapter fifty-two, to provide additional LunatfcTioapitai 
safeguards against fire at the state lunatic hospital at Dan- 
vers, the sum of nine thousand dollars. 

In the resolve, chapter fifty-three, in relation to the re- Repair* on state- 
pairs on the state house, the sum of eight thousand dol- " '*^' 
lars. 

In tlie resolve, chapter fifty-four, in favor of George George ward. 
Ward, the sum of one hundred and twenty dollars. 

The sum of two thousand dollars is hereby re-appro- Temporary 
priated from the unexpended balance for the temporary ^^u^ers.° 
support of paupers for the year eighteen hundred and 
seventy-nine, from which aid may be given by the state 
board of health, lunacy and charity in extraordinary cases 
of suffering where the provisions made by existing laws is 
in their judgment insufficient. 

For postage, printing and stationery of the executive Executive 
department, a sum not exceeding eight hundred dollars. ''^^' ™™ ' 

For the expenses of the bureau of statistics on the sub- Bur«>auof 
ject of labor, a sum not exceeding six hundred dollars, to gJblect^of°iabor. 
be in addition to the appropriation heretofore made for the 
present year. 

For repairs, improvements and furniture of the state Repairs, etc., of 

hn,i/>li • ,. J_•^ ,_• state house, 

ouse, tor the further improvement in ventilation, a sum 

not exceeding one thousand three hundred dollars, to be 

in addition to the appropriation heretofore made for the 

present year. 

For the reimbursement of cities and towns for money state and 
paid on account of state and military aid to Massachusetts ^'^''^^fy "''■ • 
volunteers and their families, a sum not exceeding twenty- 
seven thousand dollars, the same to be payable on or 
before the first day of December of the present 3'ear, to 
be in addition to the amount heretofore appropriated. 

For the compensation of the doorkeepers, messengers DoorkeeperH 

1 Pii A_ 11 n , . • and messuntrers 

ana pages oi the senate and house ot representatives, a of senate arid 
sum not exceeding four thousand dollars, the same to be ^°"*®" 
in addition to the amount heretofore appropriated. 

From the appropriation for current expenses for the 



240 



1880. — Chapter 262. 



State reform 
school. 



Tax commis- 
sioner. 



Massachusetts 
Infaut asylum. 



Abatement of 
nuisance at old 
state prison. 



Purchase of 
real estate. 



Weights, 
measures and 
balances. 



Eugene L. 
Norton. 



Messenger and 
assistant of 
executive 
department. 



Assistant 
Inspector of 
gas meters. 

Travelling 
expenses. 



Apparatus. 



Sergeant-at- 



state reform school at Westborougjh, there may be used, if 
in the judgment of the trustees of said institutions it be 
necessary, a sum not exceeding three thousand dollars, to 
make good any deficit in the current expenses of the state 
industrial school at Lancaster. 

For contingent expenses of the tax commissioner's de- 
partment, the sum of six hundred dollars, to be in addition 
to the appropriation heretofore made for the present year. 

From the appropriation for the temporary support of 
state paupers for the present year, there be paid a sum not 
exceeding three thousand dollars, for the reimbursement 
of the Massachusetts infant asylum for the support of in- 
fants having no known settlement in the Commonwealth, 
to be in addition to the appropriation heretofore made for 
the present year, and if at any time it shall be found neces- 
sary, a sum not exceeding one thousand dollars may be 
advanced on account of the support and transportation of 
such infants and other state paupers : provided, a detailed 
report of such expenditure shall be rendered to the au- 
ditor of accounts whenever required. 

For abating a nuisance in the vicinity of the old state 
prison at Charlestown, a sum not exceeding five hundred 
dollars, to be expended under the direction of the gov- 
ernor and council. 

In the resolve, chapter fifty-five, relating to the purchase 
of real estate for the use of the Commonwealth, the sum 
of one hundred and twenty thousand dollars. 

For weights, measures and balances for sundry newly 
incorporated towns, a sum not exceeding one thousand two 
hundred dollars. 

In the resolve, chapter fift^'-eight, in favor of the widow 
of Eugene L. Norton, the sum of five hundred dollars. 

In the act, chapter two hundred and fort}', fixing the 
compensation of the messenger and assistant messenger of 
the executive department, a sum not exceeding one hun- 
dred and fifty dollars, the same to be in addition to the 
amount heretofore appropriated. 

For the salary of assistant inspector of gas meters, a 
sum not exceeding seven hundred and thirty-five dollars. 

For the travelling expenses of the inspector and assist- 
ant inspector of gas meters, a sum not exceeding five hun- 
dred dollars. 

For furnishing such additional apparatus as the inspector 
of gas meters may need, a sum not exceeding one hundred 
and fifty dollars. 

For the salaries of the sergeant-at-arms, clerks and as- 



1880. — Chapter 262. 



241 



sistant clerks of the senate and house of representatives, 
a sura not exceecUng one thousand seven hundred dolhirs, 
to be in addition to the amount heretofore appropriated 
for the present year. 

For building a new sidewalk at the state arsenal at 
Cambridge, a sum not exceeding six hundred dollars. 

In the resolve, chapter fifty-nine, providing for a contri- 
bution to the cost of the national monument commemora- 
tive of the battle of Cowpens, the sum of two hundred 
and fifty dollars. 

In the resolve, chapter sixty, providing for an additional 
number of copies of the Blue Book for eighteen hundred 
and seventy-nine, a sum not exceeding seven hundred 
dollars. 

In the resolve, chapter sixty-four, in favor of the county 
of Middlesex, a sura not exceeding nine hundred and 
sixty-six dollars and nineteen cents. 

In the resolve, chapter sixty-five, in favor of Emeline I. 
Smith, the sum of five thousand dollars. 

In the resolves, chapters sixty-seven and sixty-eight, 
providing for an investigation of the claims of the eleventh 
and twelfth regiments of infantry, Massachusetts volun- 
teers, a sum not exceeding five hundred dollars. 

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

Approved April 24^ 1880. 
31 



arms and clerke 
of senate and 
house. 



Arsenal at 
Cambridge. 



Monument. 



Blue Book of 

1870. 



County of 
Middlesex. 



Emeline I. 
Smith. 



nth and 12th 
regiments 



242 



1880.— Chapters 1, 2, 3. 



RESOLVES, 



GENERAL AND SPECIAL. 



Chap. 1 



Treasurer may 
borrow raoney 
in anticipation 
of revenue. 



Chap. 2 



Acts done as 
justice of the 
peace, 
confirmed. 



Chap. 3 



"Worlishops at 
state prison. 



Resolve authokizing the treasurer to borrow money in an- 
ticipation OF the revenue. 
Resolved, That the treasurer and receiver-general be, 
and he hereby is, authorized to borrow, in anticipation of 
the receipts of the present year, such sums of money as 
may from time to time be necessary for the payment of 
the ordinary demands on the treasury, at any time befoie 
the expiration of fifteen days after the meetiug of the 
next general court, at such rates of interest as shall be 
found necessary; and that he repay an}'- sums he may 
borrow under this resolve, as soon as money sufficient for 
the purpose and not otherwise appropriated shall be re- 
ceived into the treasury. Approved January 28, 1880. 

Resolve coNFiR>ir\G the acts of frantk morison as a justice 
OF the peace. 
Resolved, That all acts done b}^ Frank Morison as a jus- 
tice of the peace, within and for the county of Suffolk, 
between the nineteenth day of April in the year eighteen 
hundred and seventy-nine and the twenty-second day of 
December in the year eighteen hundred and seventy-nine, 
are hereby made valid and confirmed to the same extent 
as if he had been during that time duly qualified to dis- . 
charge the duties of said office. 

Approved February 3, ISSO. 

Resolve concerning the rebuilding of workshops at the 
new state prison. 
Resolved, That there be allowed and paid out of the 
treasury, and the same is hereby appropriated, a sum not 
exceeding thirteen thousand seven hundred and forty-four 
dollars and eighty-four cents, for expenses incurred in the 
rebuilding of workshops burned at the state prison. 

Approved February 4, 1880. 



1880. — Chapters 4, 5, 6, 7. 243 

Resolve to provide for printing extra copies of the report Chap. 4 

OF THE BOARD OF COMMISSIONERS OF PRISONS, FOR THE YEAR 
EIGHTEEN HUNDRED AND SEVENTY- NINE. 

Resolved., That there be printed five hundred extra cop- Extra copies of 
ies of the rei^ort of the board of commissioners of prisons, prhned.° 
for the year eighteen hundred and seventy-nine, for the 
use of the board ; also five hundred extra copies of so 
much of said report as refers to the state prison, for the 
use of the warden ; also three hundred extra copies of so 
mucli of said report as refers to the reformatory prison for 
women, for the use of the superintendent thereof; also 
two hundred copies of so much of the report as includes 
the report of the agent for discharged convicts, for the 
use of said agent. Approved February 11, 1880. 

Resolve in favor of the town of Yarmouth. Chap. 5 

Resolved, That there be allowed and paid out of the Town of 
treasury of the Commonwealth the sum of thirteen dol- '^^'■'^°"^^- 
lars, to the town of Yarmouth, to reimburse said town for 
tlie same amount wrongfully paid to the state for board of 
a minor of said town in the state reform school. 

Approved February 16, 1880. 

Resolve relating to certain repairs at the state almshouse Chap. 6 

AT TEWKSBURY. 

Resolved, That there be allowed and paid out of the Repaii-s at state 
treasury of the Commonwealth the sum of four thousand '''■"^^o^^^- 
dollars, to be expended under the direction of the trustees 
and superintendent of the state almshouse at Tewksbury, 
for ex[)enses and repairs made necessary by the burning of 
one of the buildings belonging to said almshouse on the 
nineteenth day of January in the ye-Av eighteen hundred 
and eight}'. Ax)prooed February 16, 1880. 

Resolve in favor of the state library. Chap. 7 

Resolved, That a sum not exceeding one thousand dol- state library. 
Lirs be allowed and paid out of the treasury to defray the 
expense of completing the series of American Law Re- 
ports in the state library ; and that a further sum not ex- 
ceeding five hundred dollars be allowed and paid for the 
preparation of manuscript indexes to the volumes contain- 
ing the resolves of the general court covering the pe- 
riod from May seventeen hundred and eiglity to May eigh- 
teen hundred and twelve ; said sums to be expended 
under the direction of the trustees and of the librarian. 

Approved February 18, 1880. 



244 



1880. — Chapters 8, 9, 10. 



List of ofBcerB, 
sailors and 
marines. 



Chap. 9 



Documents 
destroyed by 
fire, to' be 
reprinted. 



Chap. 8 Resolve to amend chapter fifteen of the resolves of the 

YEAR EIGHTEEN HUNDRED AND SEVENTY-FIVE, AUTHORIZING THE 
PUBLICATION OF A LIST OF MASSACHUSETTS OFFICERS, SAILORS 
AND MARINES WHO SERVED IN THE NAVY IN THE LATE CIVIL 
WAB. 

Resolved, That the adjutant-general in preparing for 
publication a list of officers, sailors and marines, under 
chapter fifteen of the resolves of eighteen hundred and 
seventy-five, be directed to include therein the names and 
records of all persons who served in any capacity in the 
United States navy, in the late civil war, who had their 
residence in Massachusetts at the time of said service. 

Apiyroved February IS, 1880. 

Resolve to provide for reprinting certain documents de- 
stroyed BY fire. 

Resolved, That there be reprinted five hundred copies of 
each of the documents, for the year eighteen hundied and 
seventy-nine, hereinafter named, for the purpose of ena- 
bling the secretary of the Commonwealth to complete the 
sets of public documents to be distributed under his direc- 
tion, as provided by chapter two hundred and sixty -four 
of the acts of the year eighteen hundred, and seventy- 
eight; viz., — 

Of the report of the state librarian. 

Of the report of the trustees of the state primary school 
at Monson. 

Of the aggregates of polls, property and taxes. 

Of the report of the trustees of the several state 
lunatic hospitals at Danvers, Northampton, Taunton and 
"Worcester. 

Of the report of the trustees of the state workhouse at 
Bridgewater. 

Of the report of the trustees of the state almshouse at 
Tewksbury. 

Of the report of the trustees of the Perkins institution 
and Massachusetts school for the blind. 

Of the report of the Massachusetts school for idiotic 
and feeble-minded youth. Approved February 18, 1880. 

Resolve providing for the purchase of blue books of the 

year eighteen hundred and seventy-eight and the YEAR 

eighteen hundred and seventy-nine. 
Resolved, That the secretary of the Commonwealth be 
tobe'puKhasJd! ^ud hc hereby is authorized to purchase fifty copies of the 
Blue Book of the year eighteen hundred and seventy- 



Chap. 10 



' Blue Books " 



1880. — Chapters 11, 12, 13, 14, 15. 



245 



eight, and fifty copies of the Blue Book of the year 
eighteen hundred and seventy-nine. 

Approved February 18, 1880. 

Resolve providing for priktixg extra copies of the report Chap. 1 1 

OF THE STATE PRIMARY SCHOOL. 

Resolved, That there be printed five hundred extra Extra copies 
copies of the report of the trustees of the state primary to be printed, 
school for the year eighteen hundred and seventy -nine, 
for the use of the trustees of said school. 

Approved February 18, 1880. 



Resolve relating to 



THE TENTH 

STATES. 



CENSUS OF THE UNITED Ckap. 12 



Resolved^ That the chief of the bureau of statistics on CMefofbureau 
the subject of labor be and he hereby is authorized to etc^.^may be 
accept the appointment of supervisor, for this state, of the gPP°r°|sor of 
tenth census of the United States, and that in the prosecu- united states 
tion of the duties pertaining to such supervisorship he may 
use the rooms of said bureau : provided, the provisions of 
this resolve shall in no way interfere with the proper 
work of said bureau. Approved February 26, 1880. 



Resolve in favor of the town of warren. Chap. 

Resolved, That there be allowed and paid out of the Town of 
treasury of the Commonwealth, to the town of Warren, '^'"■'■'^"• 
the sum of fifty-five dollars and thirty-five cents, to reim- 
burse said town for money wrongfully paid in support of 
a state pauper at the Worcester lunatic hospital. 

Approved March 5, 1880. 



13 



Resolve in favor of john donelly. 
Resolved, That there be allowed and paid from the 
treasury of the Commonwealth, to John Donelly of 
Worcester, Massachusetts, the sum of thirty-six dollars, 
as state aid, payable on the first day of April in the year 
eighteen hundred and eighty. Approved March 5, 1880. 



Chap. 14 

John Donelly. 



Resolve in favor 



normal school at Chap. 15 



OF THE state 

framingham. 

Resolved, That there be allowed for the repair of the state normal 
water supply tank of the state normal school at Framing- Framingham. 
ham, to be expended under the direction of the board of 
education, a sum not exceeding two hundred and fortj'-six 
dollars, to be paid out of the moiety of the school fund 
devoted to general educational purposes. 

Approved March 5, 1880. 



246 



1880. — Chapters 16, 17, IS, 19. 



Chap. 



Disabled 
soldiers' 
employment 
bureau. 



16 Resolve ix 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., that there shall not be paid to the superintendent 
of said bureau, as a salary for the current year, a sum ex- 
ceeding fifteen hundred dollars. 

Approved March 5, 1880. 

Chap. 17 Resolve ix favor of johx peters. 

John Peters. Resolved, That there be allowed and paid to John 

Peters, the sum of twenty-three dollars, for services ren- 
dered the state in repairs made on battery D., Massachu- 
setts volunteer militia, during the year one thousand eight 
hundred and seventy-six ; the same to be paid from the 
appropriation for the expenses of the bureau of the quar- 
termaster-general for the present year. 

Approved March 11, 1880. 

Chap. 18 Resolve ix favor of the state almshouse at tewksbury. 

State airasbouee Resolved, That there be allowed and paid out of the 
at lewksbury. trcasuiy of the Commonwealth, to be expended under the 
direction of the board of trustees of the state almshouse 
at Tewksbury, the sum of eight thousand three hundred 
and seventy-five dollars, for the purpose of erecting and 
completing a new laundry, the character and location of 
w^hich shall be approved by the board of health, lunacy 
and charity before any contracts or expenditures shall be 
made. Approved March 11, 1880. 

Chap. 19 Resolve in favor of the state prison at concord. 

State prison at Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth, a sum not exceeding ten 
thousand dollars, to be expended under the approval of 
the commissioners on prisons, for the following purposes 
at the state prison at Concord: — One thousand dollars 
for the construction of a house for the stable-man ; the 
remainder, for the disposal of sewage matter, for blinds 
on the offices, and for repairing the dwelling houses of the 
Commonwealth at the prison: for the purchase of tele- 
phones or telegraphic apparatus, to connect other parts 
of the prison with the guard room ; for concreting the 
walks and driveways ; and for the purchase of such agri- 
cultural implements as may be necessiry for the use of 
the prison. Approved March 11, 1880. 



1880. — Chapters 20, 21, 22, 23. 247 

Resolve in favor of the Massachusetts charitable eye Chap. 20 

AND EAR INFIRMARY. 

Resolved, That there be allowed and paid out of the Massachusetts 
treasury of the Commonwealth, the sum of nine thousand and ear ^^^^ 
dollars, to the Massachusetts charitable eye and ear infirm- i'ii^™'i'"y- 
ary, to be expended under the direction of the managers 
thereof for the charitable purposes of said infirmary for 
the present year ; and the said managers shall report to 
the state board of health, lunacy and charity, as required 
by chapter two hundred and forty-three of the acts of the 
year eighteen hundred and sixty-seven to report to the 
board of state charities. Apjyroved March 11, 1880. 

Resolve to authorize the issue of arms and equipments to Chap. 21 

THE MASSACHUSETTS INSTITUTE OF TECHNOLOGY. 

Resolved, That the governor be and hereby is author- Massachusetts 
ized to issue to the president of the Massachusetts insti- technology, may 
tute of technology such arms and equipments, for the use etg"fi?o^7he 
of the students of said institute, as in his judgment may state, 
be so distributed without detriment to the militia service : 
provided, the president and treasurer of said Massachu- 
setts institute of technology shall give bond with suffi- 
cient sureties for the safe keeping and return of said arms 
and equipments in good order and condition, reasonable use 
excepted, whenever the governor shall so direct. 

Approved March 11, 1880. 

Resolve relating to the purchase of an engine and boiler Chap. 22 

FOR THE STATE PRISON AT CONCORD. 

Resolved, That there be allowed and paid out of the Engine and 
treasury of the Commonwealth, a sum not exceeding prisonf^ **^^^ 
eight thousand dollars, for the purchase of an engine and 
boiler and for putting in foundation, for pipes and piping 
and for making the necessary connections, at the state 
prison at Concord ; the same to be expended under the 
approval of the commissioners on prisons. 

Approved March 16, 1880. 

Resolve providing for the collection of certain statistics Chap. 23 

IN REGARD TO DRUNKENNESS AND LIQUOR SELLING. 

Resolved, That the Massachusetts bureau of statistics statistics to be 
of labor be instructed to collect and report to the next regarTtV" 
general court statistics in regard to drunkenness and liquor drunkenness 

".. .."t c ^ • r-i liquor 

selling in the several cities and towns of this Common- seiung. 
wealth, from the year eighteen hundred and seventy to the 



248 



1880. — Chapters 24, 25, 26. 



year eighteen hundred and seventy-nine inclusive, and tab- 
ulate the same, so far as practicable, under the following 
heads : — 

1. The number of arrests for drunkenness. 

2. The number of places where liquor was illegally 
sold. 

3. The number of complaints entered in court for ille- 
gal sales of liquor. 

4. The disposition of the several complaints. 

5. The number of convictions for drunkenness. 

6. The cities and towns in which licenses have been 
issued since the license law of the year eighteen hundred 
and seventy-five went into operation. 

7. The number and class of licenses issued in the said 
cities and towns, with a statement sliowing the percentage 
of licensed places to population. 

8. The amount of money collected for the licenses. 

9. The cities and towns in which no licenses were 
granted. Approved March 16, 1880. 

Chap. 24 Resolve providing for the publication of a new edition of 

THE statutes RELATING TO PUBLIC SCHOOLS. 

Resolved, That an amount not exceeding five hundred 
dollars of the unexpended balance of the appropriation 
made by chapter seventy-seven of the acts of the year 
eighteen hundred and seventy-nine, for teachers' insti- 
tutes, be made applicable for the j)ayment of the expenses 
of publication of three thousand copies of a new and re- 
vised edition of the General Statutes relating to public 
schools. Approved March 17, 1880. 

Resolve in favor of annie jackson. 

Resolved, That during the period of five years from the 
first day of January in the year eighteen hundred and 
eighty, an annuity of one hundred dollars per annum, in 
semi-annual payments, shall be paid out of the treasury of 
the Commonwealth to Annie Jackson, of the city of Bos- 
ton, for injuries received by her while in the employ of 
the Commonwealth at the Danvers lunatic hospital ; the 
same to be in full compensation for said injuries. 

Approved March 17, 1880. 



Statutes 
relating to 
public schools 
to be printed. 



Chap. 25 



Annie Jaclsson. 



Chap. 26 Resolve in favor of philip mackey. 

Philip Mackey. Resolvcd, That there be allowed and paid out of the 
treasury of the Commonwealth, to Philip Mackey, of 



1880. — Chapters 27, 28. 249 

North Adams, the sum of fifty dollars, for injuries re- 
ceived in the Hoosac Tunnel while in the employment of 
the Commonwealth. Approved March 17, 1880. 

Resolve granting county taxes. Chap. 27 

Resolved., That the sums placed against the names of coumy taxes 
the several counties in the following schedule are granted ^"'"''' ' 
as a tax for each county, respectively, to be collected and 
applied according to law : — 

Barnstable. Twenty-three thousand six hundred dol- 
lars. 

Berkshire. Sixty-eight thousand dollars, provided that 
not less than ten thousand dollars thereof be applied to 
the reduction of the existing debt of said county. 

Bristol. One hundred and twenty-two thousand five 
hundred dollars, provided that not less than ten thousand 
dollars thereof be applied to the reduction of the existing 
debt of said county. 

Dukes. Seven thousand two hundred dollars, provided 
that not less than three thousand dollars thereof be applied 
to the reduction of the existing debt of said county. 

Essex. One hundred and fifty-three thousand seven 
hundred dollars, provided that not less than sixteen thou- 
sand dollars thereof be applied to the reduction of the 
existing debt of said county. 

Franklin. Twenty-eight thousand dollars, provided 
that not less than three thousand dollars thereof be ap- 
plied to the reduction of the existing debt of said county. 

Hampden. Seventy-seven thousand dollars. 

Hampshire. Thirty-eight thousand dollars. 

Middlesex. One hundred and twenty thousand dollars. 

Norfolk. Sixty thousand dollars. 

Plymouth. Forty-five thousand dollars. 

Worcester. One hundred and twenty thousand dollars, 
provided that thirty thousand dollars thereof be applied 
to the payment of the existing debt of said county. 

Approved March 17, 1880. 

Resolve relative to the distribution of certain doc- Chap. 28 

UMENTS. 

Resolved, That the copies of the reports which by sec- Distribution of 
tion five of chapter two hundred and sixty-four of the acts docunu-nts. 
of the year eighteen hundred and seventy-eight, belonging 
to the series of eighteen hundred and seventy-nine, were 
to be sold under the direction of the secretary of the Com- 

32 



System of laws 
regulating 
hours of labor 
in neigbboring 
states. 



250 1880. — Chapters 29, 30, 31, 32. 

monwealth, be released from the conditions of sale pro- 
vided in said act, and placed in the hands of the secre- 
tary of the Commonwealth for general distribution. 

Approved 3farch 17, 1S80. 

Chap. 29 Resolve relative to a uniform system of laws in certain 

STATES regulating THE HOURS OF LABOR. 

Resolved, That the bureau of statistics of labor is 
hereby directed to collect data and obtain testimony, 
from employers and employes in the states of Maine, New 
Hampshire, Massachusetts, Rhode Island, Connecticut 
and New York, relative to a uniform sj-stem of laws to 
regulate the hours of laltor in the states mentioned, and 
to present the results of its investigations to the legisla- 
ture in its next annual report. 

Approved March 17, 1880. 

Chap. 30 Resolve in aid of the Massachusetts teachers' association. 

Aid to the Resolved, That there be allowed and paid, annually, to 

teachers'"*^ * the president or treasurer of the Massachusetts teachers' 
association. associatiou, the sum of three hundred dollars, to be applied 
to the purposes of said association ; the said amount to be 
paid out of the moiety of the income of the school fund 
applicable to educational purposes, subject to the approval 
of the state board of education. 

Approved March 19. 1880. 



I 



State lunatic 
hospital at 
Danvers. 



Chap. 31 Resolve in favor of the trustees of the state lunatic 

hospital at danvers. 

Resolved, That there shall be allowed and paid out of 
the treasury of the Commonwealth, to the trustees of the 
state lunatic hospital at Danvers, for the current cash 
expenditures and supplies of the hospital, in anticipation 
of earnings, collections and deficiencies, the sum of twenty 
thousand dollars. Approved March 19, 1880. 

Chap. 32 Resolve concerning the printing of laws relating to 

elections. 



Laws relating 
to elections to 
be printed. 



Resolved, 'That the secretary of the Commonwealth shall 
cause to be prepared a pamphlet containing the acts 
passed at the present session relating to elections, together 
with the provisions of the General Statutes and other laws 
now in force relating to elections, with proper notes and 
references, and a complete index, in such form as raa^' be 
convenient for preservation and use in the several cities 



I 



1880. — Chapters 38, 34, 35, 36. 251 

and towns of the Commonwealth ; and that he transmit 
three copies thereof to the clerk of every town, and three 
times as many copies to the clerk of every city as there 
are wards or precincts in such city ; and also one copy 
to each member of the present legislature, and one copy to 
each city and town. Approved March 19, 1880. 

Eesolve in favor of female prisoners discharged from Chap. 33 

JAILS AND HOUSES OF CORRECTION. 

liesolved, That there be allowed and paid, annually, out Aid to females 
of the treasury of the Commonwealth, the sum of two hun- jaiTs anriiouses 
clred dollars, to be expended under the direction of the ^f correction, 
commissioners on prisons, for assistance to female pris- 
oners discharged from jails and houses of correction. 

Approved March 19, 1880. 

Resolve relating to freight draw-bars and couplings. Chap. 3-i 

Resolved, That the board of railroad commissioners be subject of 

instructed to investigate the subject of freight draw-bars ba'rs'and"*^' 

and couplings, and report the result of their investigations fnwJtigitJd. ^^ 
to the railroad corporations of the state, and to the next 
general court. Apjiroved March 19, 1880. 

Resolve providing for the printing op five thousand Chap. 35 
extra copies of the report of the examination of the 

schools of NORFOLK COUNTY. 

Resolved, That there be allowed and paid out of the Report of 
treasury of the Commonwealth, the sum of eight hundred of NortbVk" 
dollars, for the purpose of printing in pamphlet form for ^ To'^Jrinted'^ 
free distribution five thousand copies of appendix " A " to 
the annual report of the state board of education, being 
the report of an examination of the schools of Norfolk 
county ; to be expended under the direction of the state 
board of education. Approved March 26, 1880. 

Resolve to provide additional accommodations in the Chap. 36 

STATE LIBRARY. 

Resolved, That there be allowed and paid out of the state library. 
treasury of the Commonwealth, a sum not exceeding four 
thousand dollars, for necessary alterations, including 
painting, in the state library; the same to be expended, 
under the direction of the commissioners on the state 
hofise, on plans approved by the joint standing committee 
on the library. Approved March 27, 1880. 



252 



1880. — Chapters 37, 38, 39, 40. 



Chap. 37 



Report and plan 
to be presented 
of the best 
method of 
school super- 
vision. 



Chap. 38 



Contagious 
diseases among 
cattle. 



Resolve PRO^^DING for a report and plan of the best 

METHOD FOR SCHOOL SUPERVISION. 

Resolved, That the board of education report to the 
next legishiture, during the first week of the session, upon 
the feasibility and expediency of providing a complete and 
uniform system of supervision for such of the public 
schools of the state as are not now provided with special 
superintendence ; and, if they deem such supervision expe- 
dient, preseijt with their report a practicable and detailed 
plan for establishing the same. 

Approved March 29, 1880. 

Resolve in favor of the commissioners on contagious dis- 
eases among cattle. 

Resolved, That there be allowed and paid out of the 
treasury' of the Commonwealth, a sum not exceeding two 
thousand dollars, to be expended under the direction of 
the cattle commissioners, for the purpose of exterminating 
contagious diseases in the state among horses and cattle. 

Approved March 29, 1880. 

Resolve in favor of john m. stebbins, receiver. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth, to John M. Stebbins, re- 
ceiver of the late firm of Mayo and Baker, the sum of 
five hundred dollars, as a balance due for the construction 
of the reformatory prison for women, at Sherborn. 

Ajyproved March 29, 1880. 

Chap. 40 Resolve in favor of the state workhouse at bridge- 
water. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth, a sum not exceeding eight 
thousand five hundred dollars for the purchase of suitable 
steam fire apparatus and the erection of a building for the 
same, and for increased facilities for obtaining water for 
the protection of said workhouse against fire ; the same to 
be expended under the direction of the trustees of the state 
workhouse at Bridgewater, subject to the approval of the 
board of health, lunacy and charity. 

Approved March 31, 1880. 



Chap. 39 



John M. 
Stebbins, 
receiver. 



State work- 
house at 
Bridgewater. 



1880. — Chapters 41, 42, 43. 253 

Kesolve relative to printing the supplementary report Chap. 41 
OF the health department of the board of health, 

LUNACY AND CHARITY. 

Resolved, That there be printed four thousand six hun- suppUmoiitai-y 
dred copies of the supplementary report of the health dt'parlmlnt'of'' 
department of the board of health, lunacy and charity, }'u,iac "Ind'''''^''' 
for the year one thousand eight hundred and seventy- charity, 
nine; to be distributed as follows: — sixteen hundred 
copies for the use of the health department of the board 
of health, lunacy and charity, five copies to each member 
of the legislature, one copy to each member of the execu- 
tive departments, the clerks of the two branches of the 
legislature, and to each reporter assigned a seat in either 
branch of the legislature. There shall be held on sale, by 
the secretary of the Commonwealth, one thousand copies, 
at a price not less than the actual cost of the same. 

The state printers are hereby authorized to retain five 
hundred copies of the said report, for binding in sets. 

Approved March 31, 1880. 

Resolve providing for the expense of enforcing the pro- Chap. 42 

VISIONS of law in relation to green harbor MARSH, IN 
MARSHFIELD. 

Resolved, That there be allowed and paid out of the Gieen Harbor 
treasury of the Commonwealth, a sum not exceeding two Marshfieid. 
thousand dollars, to be expended under the direction of 
the attorney-general, for the purpose of enforcing the pro- 
visions of chapter three hundred and three of the acts of 
the year eighteen hundred and seventy-one in relation to 
Green Harbor Marsh, in Marshfieid ; said sum to be paya- 
ble upon properly approved vouchers filed with the au- 
ditor of accounts. Approved March 31, 1880. 

Resolve in favor of the state prison at concord. Chap. 43 

Resolved, That there be allowed and paid out of the state prison 
treasury of the Commonwealth, a sum not exceeding two waVer^pi'pes' and 
thousand eight hundred dollars, for the purpose of fur- i^ydrants. 
nishing additional pipe, stand pipes and hydrants to com- 
plete the water works at the state prison at Concord ; 
the same to be expended under the direction and with 
the approval of the commissioners on prisons. 

Ap)pjroved April 7, 1880, 



254 



1880. — Chapters 44, 45, 46. 



Uniforms fo 
the militia. 



Chap. 44 Resolve providing fok the purchase op uniforms for the 

MILITIA. 

Resolved^ That there be allowed and paid out of the 
treasury of the Commonwealth, the sura of one hundred 
and twelve thousand dollars, to be expended by the quar- 
termaster-general, under the direction of the commander- 
in-chief, in the purchase of militaiy clothing and leggings 
for the volunteer militia, in conformity with section sev- 
enty-two of chapter two hundred and sixty-five of the acts 
of the year eighteen hundred and seventy-eight. The 
clothing purchased for the two corps of cadets may be 
different from that furnished for the use of other infantry 
organizations : providt^d, that the cost of such clothing 
shall not be greater for each man than that provided for 
the use of other infantry volunteers ; and no part of this 
appropriation shall be expended unless contracts, satisfac- 
tory to the governor and council, can be made to provide 
uniforms for the entire volunteer militia within the amount 
specified in this resolve, and provided that any sum that 
the Commonwealth may receive from the United States 
for the purpose of providing clothing and equipments for 
the militia of the (.commonwealth, shall be used for that 
purpose, and shall be deducted from the amount named 
herein. Approved April 7, 1880. ' 



Proviso. 



Chap. 45 

Soraerville 
Charily Club. 



Resolve in relation to the somerville charity club. 

Resolved, That the transfer of the money and personal 
property and other assets to the Somerville Charity Club, 
a corporation under the laws of the Commonwealtli, by 
the association known as the Somerville Charity Club, in 
Somerville, and the organization of the said corporation, 
are hereby made valid and confirmed. 

Ajyjjroved April 7, 1880. 



Chap 



46 Resolve providing for a consolidation and arrangement 
OF the general statutes of the commonwealth. 



General 
Statutes to be 
consolidated 
and arranged. 



Resolved, That the governor, by and with the advice 
and consent of the council, shall appoint three able and 
discreet persons learned in the law, to be commissioners 
for consolidating and arranging the General Statutes of the 
Commonwealth, which may be in force and operation at 
the time such commissioners may make their final report 
of their doings in the premises. Such commissioners shall 
carefully collect under different titles and chapters, upon 



1880. 



Chapter 47. 



255 



the basis, plan and general form and method of the General 
Statutes, all acts and parts of acts relating to the same 
subject; and shall execute and complete such consolida- to be made con - 
tion and arrangement in such manner as in their judgment fnteiilgibiir"^ 
will render the said General Statutes most concise, plain and 
intelligible. The commissioners may, in consolidating 
and arranging the statutes, omit redundant enactments, 
and those which may have ceased to have any effect or in- 
fluence on existing rights ; reject superfluous words, and 
condense into as concise and comprehensive a form as is 
consistent with a full and clear expression of the will of 
the legislature, all circuitous, tautological and ambiguous 
phraseology ; suggest any mistakes, omissions, inconsisten- 
cies and imperfections, which may appear in the laws to 
be consolidated and arranged, and the manner in which 
they may be corrected, supplied and amended. The 
commissioners shall indicate by brief marginal notes and 
references, the statutes, chapters and sections consoli- 
dated and arranged by them, the substance of the contents 
of each section, and the leading and prominent judicial 
decisions upon the same. They shall complete the said 
consolidation and arrangement, and make and present their 
final report, in print, to the legislature, as soon as may be, 
the same to be accepted or rejected by the legislature with- 
out amendment. Said commissioners shall receive such 
compensation from the treasury of the Commonwealth as 
the governor and council shall determine. 

Approved April 7, 1880. 



Resolve authorizing the state board of education to lease Chap. 

ROOMS FOR the USE OF THE STATE NORMAL ART SCHOOL 



47 



Resolved., That the state board of education be author- Rooms to be 



ized to lease suitable accommodations for the use of the 
state normal art school, in the city of Boston, for a period 
of three years from the first day of July eighteen hundred 
and eighty, at an annual rental not exceeding four thou- 
sand five hundred dollars, and taxes ; said accommoda- 
tions to be in a building or part of a building which with 
the entrance or entrances to it shall be under the exclusive 
control of the officers of the school : provided, hotvever., 
that suitable accommodations as aforesaid cannot be se- 
cured in any building or part of a building belonging to 
the Commonwealth. Ajjproved April 13, 1880. 



leased fur the 
state normal 
art school. 



256 



1880. 



Chapters 48, 49. 



Chap. 48 Resolve eelative to industrial conciliation and arbitra- 
tion. 



Industrial con- 
ciliation and 
arbitration. 



Resolved., That the bureau of statistics of hibor is 
hereby directed to make a full investigation as to the prac- 
tical working of the principles of industrial conciliation 
and arbitration, and to consider what legislation, if any, is 
necessary to enable employers and employes in this state 
to secure the benefit of such principles, and to report the 
results to the next legislature. 

Approved April 13, 1880. 



Chap. 49 Resolve to confirm certain deeds from saraii w. hale, 
devisee under the will of moses brown, to timothy hol- 



Deeds from 
Sarah W. Hale 
to Tiinothj' 
Holland and 
others, con- 
firmed. 



LAND AND OTHERS. 

Resolved., That the deeds of the following grantees, 
viz. : Timothy Holland, recorded in Essex registr}' of deeds, 
for the southern district, book 513, leaf 183; city of New- 
buiyport, recorded in said registry, book 516, leaf 166 ; 
Nathan Follansbee, recorded in said registry, book 528, 
leaf 203 ; William N. Cumber, recorded -in said registry, 
book 539, leaf 187 ; Augustus Wills, recorded in said 
registry, book 542, leaf 138: Edward Toppan, recorded in 
said registry, book 568, leaf 212 ; Daniel T. Coleman, 
recorded in said registry, book 572, leaf 165 ; Newbury- 
port Oak Hill Cemetery, recorded in said registr}^, book 
546, leaf 90 ; William Brown, recorded in said registr}^ 
book 560, leaf 251 ; Newbury port Railroad Compan3% 
recorded in said registry, book 603, leaf 179 ; Richard 
Plumer, recorded in said registry, book 628, leaf 225; 
Norman C. Greenough, recorded in said registry, book 
628, leaf 225 ; David Brown, recorded in said registry, 
book 670, leaf 228 ; Jacob Christenton, recorded in said 
registry, book 709, leaf 51; Eliza Stone, recorded in said 
registry, book 717, leaf 1 ; Joseph H. Currier, recorded in 
said registry, book 719, leaf 171; Louis Patrequin, re- 
corded in said registry, book 755, leaf 142 ; Margaret H. 
Jaques, wife of Benjamin H. Jaques, recorded in said 
registry, book 788, leaf QQ ; Joseph Moulton, recorded in 
said registry, book 841, leaf 253 ; from Sarah W. Hale as 
grantor • by virtue of resolve of legislature of March 
eighteenth, eighteen hundred and forty-five ; and also the 
deed of Michael T. Doherty from Sarah W. Hale, by 
virtue of resolve of the legislature of sixth of May, 
eighteen hundred and forty-eight, are hereby ratified and 
confirmed ; and it shall be the duty of the register of deeds 



1880. — Chapters 50, 51, 52. 257 

for said district, at the request of any party interested, to 
write upon the margin of the record, where said deeds are 
severally recorded, a reference to this resolve. 

Apjjroved April 15, 1880. 

Resolve relatixg to enforcing contracts between the com- Chap. 50 

MONWEALTH AND THE BOSTON AND ALBANY RAILROAD CORPO- 
RATION. 

Resolved, That the attorney-general be and he hereby is Contracts 
instructed to commence such legal proceedings in the state an"d the 
name and on behalf of this Commonwealth, as shall be A?bany illui- 
deemed by him rioht and proi)er to secure the performance i-otui.tobe 

»■»• GiiiorcGii. 

by the Boston and Albany Railroad Compan}^ ot the stipu- 
lations and agreements contained in its contracts hereto- 
fore made with the Commonwealth, concerning the pur- 
chase by said company of flats at South Boston, and to 
recover such sum or sums of money as shall be found due 
to the Commonwealth from said company on account there- 
of, unless settlement shall be macle of such matters by 
said company to the satisfaction of the harbor and land 
commissioners, and the approval of the governor and coun- 
cil, within six months after the passage of this resolve. 

A2')proved April 15, 1880. 

Resolve in favor of the town of watertovtn. Chap. 51 

Resolved, That there be allowed and paid out of the Town of 
treasury of the Commonwealth to the town of Watertown, '^^^ ""^^ 
the sum of twenty-four hundred and seventy-two dollars, 
the same being the amount paid by said town for land 
damages under the provisions of chapter two hundred and 
ninety-one of the acts of eighteen hundred and sixt}'-- 
eight : provided, hoivever, that if said town shall accept 
the above sum it shall be in full settlement of all 
present or future claims on the part of said town against 
the Commonwealth, based on the provisions of the afore- 
said chapter. Apjyroved April 17, 1880. 

Resolve to provide additional safeguards against fire at Chap. 52 

THE STATE LUNATIC HOSPITAL AT DAN VERS. 

Resolved, That there be allowed and paid out of the Safeguards 
treasury of the Commonwealth such sum, not exceeding hma?u; hospital 
nine thousand dollars, as shall be found necessary to pro- -'' i^^n^'-T*- 
vide additional safeguards against fire in the state lunatic 
hospital at Danvers ; said sum to be expended under the 
direction of the trustees of said hospital, with the ap- 
proval of the state board of health, lunacy and charity. 

Api:)roved April 22, 1880. 
33 



258 



1880. — Chapters 53, 54, 55, 56. 



Chap. 53 Eesolve in relation to repairs on the state house. 



Repairs on state 
house. 



Mesolved, That there be allowed and paid out of the 
treasury of the Commonwealth, a sum not exceeding eight 
thousand dollars, for painting and repairs on the state 
house, to be expended under the direction and with the 
approval of the commissioners on the state house. 

Approved April 22, 1880. 



Chap 

George Ward 



54 



Resolve in favor of george ward. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth, to George Ward, the sura 
of one hundred and twenty dollars, as state bounty under 
section three of chapter two hundred and fifty-four of the 
acts of eighteen hundred and sixty-three, being the amount 
he would have been entitled to had he been discharged for 
disabilit3^ Approved April 22, 1880. 



Chap. 55 Resolve relating to the purchase of real estate for the 

USE of the commonwealth. 



Purchase of 
real estate for 
use of Common- 
wealth. 



Resolved, That the governor, by and with the consent of 
the council, be and he is hereby authorized to purchase 
not less than eight thousand four hundred superficial feet 
of land within a radius of four hundred feet of the state 
house, for the use of the Commonwealth ; and that a sum 
not exceeding one hundred and twenty thousand dollars 
be allowed and paid out of the treasury of the Common- 
w^ealth, which amount shall cover the total expense of the 
purchase. Apjjroved April 22, 1880. 



Chap. 56 Resolve in favor of certain settlers upon lands in the 

state of Maine. 



In favor of 
settlers upon 
lauds in Maine. 



Resolved, That the treasurer of the Commonwealth be 
and hereby is authorized and directed to convey by deed 
to Samuel A. Holbrook, treasurer of the state of Maine, 
for the use of said state, all the right, title and interest of 
the Commonwealth, to the "settlers' lots," so called, situ- 
ated in township number seventeen, in- range seven, in 
the county of Aroostook, in the state of Maine, — the 
state of Maine to make conveyances of said lots to the 
settlers, in the same manner that the Commonwealth 
would have done if no conveyance had been made. 

Approved April 23, 1880. 



1880. — Chapters 57, 58, 59, 60. 259 

Resolve in favor of the reformatory prison for women. Chap. 57 

Resolved., That a sum not exceeding tliirt3"-five hundred. Reformatory 
dollars, for erecting and completing a double tenement women Thouse 
house for the male employes of said prison, be allowed to empToyls. 
be expended under the direction and with the approval of 
the commissioners on prisons; and that for the disposal of 
the sewage matter, in accordance with the provisions 
of chapter two hundred and fourteen of the acts of the 
year one thousand eight hundred and seventy-nine, said 
commissioners are authorized to expend a sum not exceed- 
ing ten thousand dollars ; said sums to be paid from the 
regular appropriation for the ordinary expenses of the 
institution for the year eighteen hundred and eighty. 

Approved April 23, 1880. 

Resolve in favor of the widow of eugene l. norton. Chap. 58 

Resolved., That there be allowed and paid, out of the Eugene l. 
treasury of the Commonwealth, to the widow of Eugene •'^"'■''*'°- 
L. Norton, late a member of the senate, 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 session. Approved April 24, 1880. 

Resolve providing for a contribution to the cost of the Chap. 59 

NATIONAL monument COMMEMORATIVE OF THE BATTLE OF THE 
COWPENS. 

Resolved, That the governor, on behalf of the Cora- Monument 
monwealth, be and hereby is authorized to subscribe the ofTjattieonhe^ 
sum of two hundred and fifty dollars, towards the cost of a Cowpens. 
memorial column to be erected on the soil of South Caro- 
lina, by joint contribution of the thirteen original states, 
in commemoration of the battle of the Cowpens, and to 
be dedicated as a national work, on the centennial anni- 
versary of that battle ; and the said sum is appropriated 
to be paid from the treasury of the Commonwealth. 

Approved April 24, 1880. 

Resolve providing for an additional number of copies of Chap. 60 

THE BLUTC BOOK FOR THE YEAR EIGHTEEN HUNDRED AND SEV- 
ENTY-NINE. 

Resolved, That the secretary of the Commonwealth Blue Book for 
cause to be printed three hundred copies of the Blue Book '^^ year ist-j. 
of eighteen hundred seventy-nine, at a cost not exceeding 
seven hundred dollars ; and that he be authorized to sell 
the same to the public at cost. Approved April 24, 1880. 



260 



1880. — Chapters 61, 62, 63. 



Chap. 61 

Jamaica Pond 
Ice Company. 



Chap. 62 



Report of 
examinations 
of Norfolk 
county schools 
to be publislied. 



Chap. 63 

State printing 
contract. 



EeSOLVE in favor of the JAMAICA POND ICE C05IPANY. 

Resolved., That the board of appeal, under chapter two 
hundred and eighty-three of the acts of the year eighteen 
hundred and sixty-five, ma}^ allow an abatement to the 
Jamaica Pond Ice Company, on account of real estate be- 
longing to said company and heretofore locally taxed to it, 
which has not been already allowed, irrespective of the 
time when it was so locally taxed. 

Approved April 24, 1880. 

Resolve to au'i;horize the publication of the examinations 
of norfolk county schools. 

Resolved, That the electrotype plates of that part of 
the report of the board of education relating to the exam- 
inations of Norfolk county scliools be loaned, under the 
direction of the secretary of the Commonwealth, to the 
association of school committees of Norfolk county, to 
enable them to publish an edition of said report : jyrovided, 
that no })art of the expense of such publication shall be 
chargeable to the Commonwealth. 

Approved April 24, 1880. 

Resolve relative to the state printing contract. 
Resolved, That the word " cost " used in the contract 
for the state printing, as applied to the supply of paper by 
Rand, Aveiy and Company, shall be construed on the part 
of the state to mean the net cash price paid to the manu- 
facturer for the same, and one cent per pound additional, 
as a full equivalent for freight, cartage, insurance, interest 
on advance purchases, handling, delivery, and any and all 
other items of cost ; and in case of disagreement the au- 
ditor of the Commonwealth is hereby authorized to deter- 
mine what said cost is. The words in said contract " to 
fold, stitch, and bind, as directed, all pamphlets and other 
public documents which may be needed," shall be held on 
the part of the state to mean that said work shall be paid 
for at a fair market price, to be determined by the auditor 
of the Commonwealth upon the basis of prices to be as- 
certained by him to be the average charges upon like work 
by at least six firms in the city of Boston, said firms to be 
named by the governor. Any accounts of Rand, Avery 
and Company now unsettled shall be adjusted upon the 
basis prescribed by this resolve. 

Approved April 24, 1880. 



1880. — Chapters 64, 65, 66, 67. 261 

Resolve in favor of the county of Middlesex, Chap. 64 

Resolved^ That there be allowed and paid out of the in favor of the 
treasury of the Commonwealth, the sum of six hundred mMUL. 
and seventeen dollars and sixt^^-nine cents, to the treas- 
urer of the county of Middlesex, in reimbursement for 
support of prisoners, transferred to the East Cambridge 
house of correction from the reformatory prison for women, 
during the year eighteen hundred and seventy-nine ; also 
the sum of three hundred and forty-eight dollars and fifty 
cents, in reimbursement for expenses of transfers of pris- 
oners from the reformatory prison for women to sundry 
institutions. Approved April 24, 1880. 

Resolve in favor of emeline i. smith. Chap. 65 

Resolved, That there be allowed and paid from the EmciineL 
treasury of the Commonwealth, to Emeline I. Smith, of '^™'''^- 
Cambridge, the sum of five thousand dollars, as a gratuity, 
in consideration of services rendered the Commonwealth 
by her late husband Joshua B. Smith, deceased, in fur- 
nishing subsistence to the twelfth regiment of Massachu- 
setts volunteers, in the year eighteen hundred and sixty- 
one. Approved April 24, 1880. 

Resolve requesting and empowering the governor and Chap. 66 
council to make investigation into the management and 
conduct of the officials of the state prison. 
Resolved, That the governor and council be requested Management, 
and empowered to make a full investigation into the man- arsuaepHso^n^ 
agement and conduct of the officials of the state prison at 
Concord, with power to send for persons and papers ; and 
that in all meetings for said investigation the reporters of 
newspapers shall be admitted. 

Apiproved April 24, 1880. 

Resolve for an investigation into the claims of the sur- Chap. 67 

VIVING members, and THE WIDOAVS AND CHILDREN OF DE- 
CEASED MEMBERS, OF THE ELEVENTH REGIMENT OF INFANTRY, 
MASSACHUSETTS VOLUNTEERS. 

Resolved, That the commissioners of state aid be di- claims of 
rected to investigate the claims of members of the elev- JTfThem'h^*"'' 
entli regiment of infantry, Massachusetts volunteers, and |V^""';"^ ., 
of the widows and children of deceased members, for voiunteers, to 
services rendered the state fi-om the ninth day of May '^ '"^'"''^'»'*^'' • 
to the thirtieth day of June, in the year one thousand 
eight hundred and sixty-one, and to give public hearing 
on the subject to parties desiring to be heard, and to 
report to the next general court. 

Approved April 24, 1880. 



to be investi- 
gated. 



262 1880. — Chapter 68. 

Chap. 68 Eesolve for an investigation into the claims of the sur- 
viving MEMBERS, AND THE WIDOWS AND CHILDREN OF DE- 
CEASED MEMBERS, OF THE TWELFTH REGIMENT OF INFANTRY, 
MASSACHUSETTS VOLUNTEERS. 

12th Regiment Besolved, That the commissioners of state aid be di- 
Voiunteers. rccted to investigate the claims of members of the twelfth 
regiment of infantry, Massachusetts volunteers, and of the 
widows and children of deceased members, for services 
rendered the state from the twentieth day of April to the 
twenty-sixth day of June, in the year eighteen hundred 
and sixty-one, and to give public hearing on the subject to 
parties desiring to be heard, and to report to the next gen- 
eral court. Approved April 24, 1880. 



Proposed Amendments to the Constitution. 263 



PEOPOSED AMENDMENTS TO THE 
CONSTITUTION. 



The following proposed Articles of Amendment to the Constitution 
of this Commonwealth have been oflScially certified and deposited in 
the Secretary's Department, as required by chapter 156 of the Acts of 
1805, and if agreed to by the General Court next to be cliosen, in 
tlie manner pi'ovided by the Constitution, must be submitted to the 
people for their ratification or rejection : — 

Resolve providing for an amendment to the constitdtion 
TO prevent the disfranchisement of certain soldiers 

AND SAILORS BECOMING PAUPERS. 

Resolved^ By both houses, the same being agreed to 
by a majority of the senators and two-thirds of the mem- 
bers of the house of representatives, present and voting 
thereon: — 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 
naj's 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 
ratification, in order that it may become a part of the con- 
stitution of this Commonwealth. 

ARTICLE of amendment. 

No person having served in the army or navy of the 
United States in time of war, and having been honorably 
discharged from such service, if otherwise qualified to 
vote, shall be disqualified therefor on account of being a 
pauper ; or, if a pauper, because of the non-payment of a 
poll-tax. 

House of Representativijs, February 12, 1880. 
The foregoing Article of Amendment is agreed to, two- 
thirds of the members of the House of Representatives, 



264 Proposed Amendments to the Constitution. 

present and voting tliereon, having voted in the affirmative ; 
and the same is referred to the general court next to be 
chosen. Chas. J. No yes, Speaker. 

Senate, April 12, 1880. 
The foregoing Article of Amendment is agreed to, a 
majority of the members of the Senate, present and voting 
thereon, having voted in the affirmative ; and the same is 
referred in concurrence to the general court next to be 
chosen. Robert R. Bishop, President. 

Resolve providiis^g for amexdments to the constitution to 
provide for biennial elections. 

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 thereon : — 
That it is expedient to alter the constitution of this Com- 
monwealth by adopting the sul)joined proposed articles of 
amendment; and that the same, as thus agreed to, be 
entered on the journals of the two houses, with the yeas 
and nays taken thereon, and refeired to the general court 
next to be chosen ; and that the same be published to the 
end that if both or either of said proposed articles be 
agreed to by the general court next to be chosen, in the 
manner provided in the constitution, the said proposed 
articles or article, so agreed to, may be submitted to the 
people ; and if the same shall be approved and ratified by 
a majority of the qualified voters, voting thereon, at meet- 
ings legally warned and holden for that purpose, the same 
shall become a part of the constitution of this Common- 
wealth. The general court shall direct the time and man- 
ner of voting by the people upon the said proposed articles 
of amendment, and enact all such laws as shall be neces- 
sary to procure a free and fair vote thereon, and to give 
effect to the provisions hereof: provided, that said pro- 
posed articles of amendment shall be submitted to the 
people as distinct propositions, and may be severally ap- 
proved and ratified, or rejected. 

first proposed article of amendment. 

The term of office of the governor, lieutenant-govern- 
or, and councillors, respectively, shall begin on the first 
Wednesday of January, and shall continue for the term 



Proposed Amendments to the Constitution. 265 

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, respective- 
ly, shall begin on the third Wednesday of January, and 
shall continue for the term of two years, and until their 
successors shall be chosen and qualified ; and the same 
person shall be eligible as treasurer and receiver-general 
for six years successively, and no more. 

The first election under this article, to the offices herein 
named, shall be on the Tuesday next after the first Mon- 
day of November, in the year one thousand eight hundred 
and eighty-two, in the manner prescribed by the constitu- 
tion of this Commonwealth, and thereafter on the said 
Tuesday of November biennially. 

It shall be the duty of the legislature first to assemble 
after the adoption of this article to make all necessary pro- 
visions of law concerning the tenure of ofBce of sheriffs, 
registers of probate, commissioners of insolvency, cleiks 
of courts, county officers and district attorneys, and to 
make all such provisions of law as may be required in 
consequence of the change from annual to biennial elec- 
tions. 

All the provisions of the existing constitution incon- 
sistent with the provisions herein contained are hereby 
wholly annulled. 

SECOND proposed ARTICLE OF AMENDMENT. 

Senators and representatives shall be elected biennially, 
and hold office two years, beginning on the first Wednes- 
day of January following their election. The first elec- 
tion under this article, to the offices herein named, shall 
be on the Tuesday next after the first Monday of Novem- 
ber, in the year one thousand eight hundred and eighty- 
two, in the manner prescribed by the constitution of this 
Commonwealth, and thereafter on the said Tuesday of 
November biennially ; and the first session of the general 
court elected under the j^rovisions hereof shall begin on 
the first Wednesday of January, in the year one thousand 
eight hundred and eighty-three. 

All the provisions of the existing constitution incon- 
sistent with the provisions herein contained are hereby 
wholly annulled. 

■ 34 



266 Proposed Amendments to the Constitution. 

House of Representatives, March 30, 1880. 
The foregoing Articles of Amendment are agreed to, 
two-thirds of the members of the House of Representa- 
tives, present and voting thereon, having voted in the 
affirmative ; and the same are referred to the general court 
next to be chosen. 

Chas. J. Noyes, Speaker. 

Senate, April 12, 1880. 
Agreed to by the Senate, a majority of the members 
thereof, present and voting thereon, having voted in the 
affirmative ; and the same are referred in concurrence to 
the general court next to be chosen. 

Robert R. Bishop, President. 



The General Court of 1880, during its annual session, passed two 
hundred and sixty-two Acts and sixty-eight Resolves, all of which 
received the approval of His Excellency the Governor. The General 
Court was prorogued on Saturday, April 24, the session having occu- 
pied one hundred and nine days. 

The Resolves providing for Amendments to the Constitution, which 
were agreed to by the General Court of 1879, in the manner provided 
by the Constitution, were not agreed to by the General Court of the 
year 1880. 



Governor's Address. 267 



i:n^augueal address 



HIS EXCELLENCY JOHN D. LONG. 



At one o'clock on Thursday, the eighth day of Januarj^, 
His Excellency the Governor, accompanied by His Honor 
the Lieutenant-Governor, the members of the Executive 
Council, and officers of the civil and military departments 
of the government, attended by a joint committee of the 
two Houses, met the Senate and House of Representatives 
in Convention, and delivered the following 

ADDRESS. 

Members of the Senate and of 

the Souse of Representatives : 

I call your attention at once to the financial exhibit, 
the statistics of which, as well as those relating to other 
interests of the State, have been, as usual, furnished by 
the respective departments to which they relate. 

PUBLIC DEBT. 

The funded debt is represented by 120,495,464 in ster- 
ling, and $12,525,000 in Federal bonds, and is classified as 
follows : — 

Railroad loans $17,738,996 00 

War loans 10,468,188 00 

Public buildings, etc 4,813,280 00 

Total funded debt Jan. 1, 1880 . . . $33,020,464 00 
which is the same as a year ago. 

There are no temporary loans to provide for ; no addition 
has been made to the debt during the year, nor has it been 
reduced. An instalment of $220,000 will mature next 
May, and will be paid from its own sinking fund, which is 
sufficient for the purpose. 



268 Governor's Address. 

The maturity of the remaining portions of the debt is 



shown in the following table : 



1883 . 


. 111,088,000 00 


1894 


1888 . 


. 3,061,300 00 


1895 


1889 . 


. 3,142,128 00 


1896 


1890 . 


503,468 00 


1897 


1891 . 


. 3,815,040 00 


1900 


1893 . 


209,000 00 





!iJ10,921,244 00 

4,840,260 00 

1,100,000 00 

520.000 00 

3,599,024 00 



From the foregoing statement, it is apparent, that, 
including the amount to be paid the present year, only 
$1,308,000 of the funded debt can be retired before 1888. 

This fact, and the further consideration, quite as impor- 
tant in its bearing upon the industries of the State, that 
the interest amounting to nearly $1,650,000 is to be raised 
annually by taxation, ma}^ well be remembered, when we 
are tempted to embark in new enterprises, or to spend the 
people's money for purposes of doubtful expediency, or of 
any thing less than imperative necessity. . 

SINKING FUNDS. 

The several funds established to liquidate the public 
debt at maturity amount in the aggregate to $12,870,683.49. 
Amount of same Jan. 1, 1879, #11,908,546. 7-1; increase 
during the year, $971,136.75. 

It is expected that these funds, with their accumulations, 
and other resources set apart by law as contributions Inr 
the purpose, will be nearly, if not quite, ample for the 
retirement of the entire debt at maturity. 

ESTIMATES FOR 1880. 

The estimates for the current year, necessarily based 
mainly upon existing laws, are as follows: — 

1880. 1879. 

Payments for all purposes . . $4,176,877 00 |;4,315,650 00 

Ordinary revenue .... 2,700,720 00 2,704,740 00 

Cash on hand Jan. 1 . _ . . 250,057 07 1,294,517 79 
Leaving- a deficit to be provided for 

by taxation of ... . 1,227,099 93 316,392 2i 

The difference of over a million dollars between the 
cash on hand to-day and a year ago will necessitate a State 
tax more than double that of last year, unless the recent 
reductions in State expenditures and continued strict 
economy on your part shall enable you to avoid so large 
an increase. 



Governor's Address. 269 



COMPARATIVE RESULTS. 



The expenses of 1879, compared with those of 1878, show 
the following results : — 

1878. 1879. 

Ordinary expenses . . . . $1,797,694 43 $1,544,591 79 
Exceptional expenses . . . 3,851,873 31 4,015,826 91 



Totals $5,649,567 74 $5,560,418 70 

By the foregoing it will be seen that the reduction in 
ordinary expenses in 1879, as compared with the same in 
1878, appears to be i)2o3,102.64, while the increase in ex- 
ceptional expenses amounts to $163,953.60. 

The ordinary expenses of 1880 should be still less than 
in 1879, as the reductions made by the last legislature 
did not go into operation at the beginning of the j^ear. 

The exceptional expenses of 1879 were increased by the 
following items, among others: — 

For military aid, under chap. 282, 1878, since re- 
pealed $157,635 46 

On account of claim of Mayo & Baker . . . 37,415 04 

On account of claim of Clapp & Ballou . . . 81,202 73 

Allowance to Ao-ricultural Colleo-e .... 32,000 00 



Total $308,253 23 

But for these items the result would show a reduction 
also in exceptional expenses, as compared with those of 
1878. 

There is enough, however, in the foregoing financial 
exhibit, the figures of which are substantially as will 
appear in the auditor's report, to convince you that great 
prudence is still the duty of the Commonwealth, and that 
you .cannot afford to increase its expenses or undo the 
retrenchment of last year. 

HEALTH, LUNACY AND CHARITY. 

Last year an Act was passed creating a State Board of 
Health, Lunacy and Charity, consolidating the former 
Boards of Health and State Charities, and embracing the 
additional department of lunacy. This Act has been so 
little time in operation, that, while, as is claimed, it has 
lessened the expense of administration, it is too soon to 
pass final judgment on its working. It should have full 
trial ; nor do 1 think public sentiment would at this session 
justify fresh interference and radical changes. The whole 



270 Governor's Address. 

subject, however, is full of interesting suggestions. It is 
a question still, even with some of the most competent 
members of the Board, whether these three departments 
should be united in one ; but that policy having been 
adopted less than a year ago, it should certainly be followed 
till it can be fully tested. 

In regard to lunacy, the consolidated Board is doing the 
same work that a separate lunacy commission would do at 
present. The treatment of the insane is a subject on which 
public sentiment is justly tender, and each year more exact- 
ing. It may be doubted whether the congregate system 
is the best, especially in any future provision for an increase 
of the insane, but we are not in case to adopt any other 
at this time. The great safeguards, whatever the system, 
are humane and actively interested trustees, elastic to pub- 
lic sentiment and not too quick to stand on the defensive ; 
occasional fresh appointments among them ; an ample 
medical staff of competent and experienced physicians, — 
a proportionate number of them women, — and, above all, 
vigilant inspection by officials possessed at once of firmness 
and also of tact as well. It is of more consequence that 
that inspection should be constant, thorough, and immi- 
nent, than that it should be under the direction of a single 
or a consolidated Board. 

Our lunatic hospitals, as well as the other institutions 
that come under the new commission of Health, Lunacy 
and Charity, are generally in good condition, and deserv- 
ing of favorable mention. It would be hard to find more 
devoted trustees or more painstaking officials. The lunacy 
laws should be codified and made more simple, especially 
in regard to the mode of discharging patients and of trans- 
fers from prisons and from other institutions to hospitals. 
An Act codifying all laws relating to our charities wjuuld 
be still better. 

A question has arisen whether the Act of last year, re- 
ducing the price paid for the support of paupers in the 
lunatic hospitals, applies to town as well as to State pau- 
pers. This should be rendered clear. In this connection, 
however, it is claimed by the hospitals, that in each of them 
the reduced price is less than the actual cost per week. It 
has occurred to me that this question of price, so many 
and various are the considerations that affect it, might be 
left with the general Board of Health, Lunac}^ and Charity. 

On the whole, very little new legislation under this gen- 
eral head seems to be necessary so soon after the changes 
of last winter. For the details of the working of the vari- 



Governor's Address. 271 

ous institutions I call your attention to their various 
reports, and I refer to your attention the suggestions 
therein contained. 

An earnest effort is now making to secure closer care 
and watchfulness over the female wards of the State, who 
have been placed on probation, either in their own homes 
or with other families. The women of Massachusetts have 
accepted invitations to take part in this work ; and it is 
expected that soon every female child, committed to the 
custody of the Board, will at all times have a friend of her 
own sex to help her to a happier and a brighter life. 

PRISONS. 

One of the workshops at the State Prison at Concord 
was burnt in May last. In this exigency the governor and 
council authorized repairs and the erection of a new one; 
the contractor assuming the risk of an appropriation by 
you to meet the cost. The appropriation should now be 
made. 

Under the legislation of last year the governor and 
council have laid pipes and put in pumps for supplying the 
State Prison with water from the Assabet River. A fur- 
ther small appropriation may be necessary to furnish the 
workshops with the very important safeguard of sprinklers. 

At the State Prison during the year, there has been an 
increase of earnings which is expected to continue. 

The Reformatory Prison for Women at Sherborn is still 
sufficiently successful to justify the experiment of its es- 
tablishment. The number of inmates is very large and 
increasing ; and for that reason, as well as for better oppor- 
tunity for reformation, it is desirable that the law should 
be so modified that only those convicts should be sent 
there who have been sentenced to long terms of confine- 
ment. 

The Board of Commissioners of Prisons, created under 
the Act of last year, and charged with the supervision of 
both prisons, is vindicating, I believe, the wisdom of its 
establishment in the place of the various independent 
Boards to which it has succeeded. Both institutions are 
running with diminished friction, and I commend to your 
attention the report of the Commissioners. 

It seems to me an important suggestion tliat measures 
should l)e taken for gathering more thoroughly the statis- 
tics of crime. 

It is a matter rather for the courts than for you ; but it 

I 



272 Governor's Address. 

would be a great improvement if there could be more 
uniformity of sentences imposed on convicts for tha same 
class and degree of offences. In our penal institutions it 
is not infrequent to find side by side criminals of substan- 
tiall}'- equal guilt, but with such wide differences in their 
terms of confinement tliat a natural sense of injustice 
impairs their respect for the law, and impedes their refor- 
mation and discipline. 

The treatment of criminals is a most important and 
interesting subject. Any attempt to perfect our prison 
system is limited at the outset by the present arrangement 
of our prison structures and appointments, which cannot 
be abruptly changed for the purpose of trying experi- 
ments, or at great and unreasonable cost. Reformation, 
the great desideratum in connection with punishment, is 
easier said than done. On the one hand, there are con- 
victs surprised into sudden guilt, or led by trains of cir- 
cumstances into crimes they had hardly contemplated till 
entangled in their commission : these are reformed from 
the moment of their arrest and exposure. There are 
others of whom crime seems to be the normal condition. 
Between these two classes, and contaminated by one of 
them, there are some to whom a period of years of confine- 
ment ought, by judicious influences, to bring something 
of an education of the moral sense, and an ambition for 
better life. The familiar plan of classification occurs ; 
but, by reason of the limitations I have already suggested, 
a thorough classification at once is impracticable, and 
should be attempted rather by a step at a time. I there- 
fore refer jou to the plan suggested by the Commissioners 
' of Prisons of attempting such a single step, and of making 

what seems to be a cheap, simple and practicable attempt 
at reformation, by transferring to some one of our present 
public institutions, where accommodations can be provided, 
some of those few convicts who evince genuine elements 
of reform, and whose punishment, as punishment, is not so 
much demanded by the nature of their offences as their 
reformation ; and of their trying faithfully what can be 
done for them by a life of industry under more wholesome 
surroundings, and by the concentration upon them of good 
influences and teaching. 

The diminution in the number of inmates at a few of 
our institutions has been such that it is worth your while 
to consider whether some of them cannot be closed, at 
least in part. 



Governor's Address. 273 

savings banks and county expenses. 

The total amount of deposits in the savings banks, 
doing business in the Commonwealth Oct. 31, 1879, was 
$206,378,709.53, a decrease for the fiscal year of $3,481,- 
921.65. 

The number of depositors was 675,555, an increase for 
the year of 1,304. 

The number of banks now in operation is 166 ; being a 
diminution of fourteen from the highest number in 1874, 
when there were 180. Of the whole number, thirteen 
banks have been placed in the hands of receivers, by the 
Supreme Judicial Court, to be wound up ; and one was 
voluntarily closed, paying the dejDOsitors the amount due 
them in full. 

Eight banks are now temporarily enjoined by decrees of 
the Supreme Judicial Couit; and in twenty banks the 
pa3anents to depositors are limited and regulated by orders 
issued by the Board of Commissioners of Savings Banks, 
in accordance with the provisions of chapter 73 of the 
Acts of 1878. 

The condition of the banks has materially improved, 
and the confidence of depositors has been so far restoied 
that for the last half of the year there has been an in- 
crease, both in number and amount of the deposits, over 
the witlidrawals ; and there would seem to be assurance 
that these institutions have passed the joeriod of depres- 
sion and trial to which they have been subjected for the 
past four years. 

By chapter 293 of the Acts of last year, the Commis- 
sioners of Savings Banks were empowered to inspect the 
accounts of county officers. The report, which is not yet 
due, should be of value to you in legislating upon county 
expenditures and economies. I commend the requirement 
of some uniform system of keeping all county accounts, 
the form to be prescribed by statute. This is a direction 
in which your attention can be profitably turned. 

EDUCATION. 

The educational reports will present to you the efficient 
work which has lieen done during the past year in behalf 
of education, and the freshly awakened interest on that 
subject which is abroad. While there is a growing senti- 
ment in favor of greater directness and simplification of 
instruction, the attention of thoughtful men is directed 
more than ever before to the improvement of the methods 

35 



274 Governor's Address. 

for free popular education. Legislation should encourage 
and insure the most practical means for affording it upon 
terms of perfect equality to all the children of the State ; 
and I suggest to you the importance of some provision 
which shall enable every town to secure to its schools a 
system of trained and vitalizing superintendence, so thor- 
ough that no school shall fall below the general standard. 

The effect of the law compelling the attendance of all 
children between the ages of eight and fourteen years of 
age upon the public schools has been to increase the aver- 
age attendance seven per cent. The active work of the 
State Board of Education, through its secretary and 
agents, has born good fruit. The teachers' institutes have 
been attended by teachers representing more than a third 
of the towns in the State ; and the enlightened discussion 
at those meetings, of improved methods of teaching and of 
school organization, has proved very beneficial. 

The desirability of teaching the elements of industrial 
knowledge renders worthy of attention the provision of 
some practical plan which shall combine such a training, 
or at Jeast a drift or habit of mind towards it, with the 
ordinary' school exercises. The stimulus given to indus- 
trial art education has ah-eady proved of practical utility, 
and is significant of future results in the direction of our 
manufacturing interests. The lease of the rooms now 
occupied by the Normal Art School expires in July next ; 
and your attention is directed to the question of providing 
accommodations of a more permanent and less expensive 
character. The erection of a new and costly edifice, and 
the establishment of another heavy constant draft on the 
treasur}', can hardly expect to find favor ; and it is worth 
your while to consider whether the excellent purposes of 
this enterprise in public industrial education cannot be 
best and most economically facilitated by connecting it 
with some of our present technical iustittitions which are 
devoted to the same general object, and of which there 
are two or three in the Commonwealth. 

The bounty of the State should be so distributed that 
the burden of supporting the schools should rest equally 
upon all. The present school fund, and the method of its 
distribution, only partially accomplish this. Some towns 
are compelled to lev}- a school tax of nearly seven mills, 
while others are required to lev}^ but a fraction over one 
mill. Moreover, the towns that bear the heaviest tax 
raise the least money, and, as a consequence, have poorer 
schools. Whether it is judicious to still further restrict 



Governor's Address. '275 

the distribution of the present fund, or to devise some 
other phm for the relief of the smaller towns in the educa- 
tion of their children, are questions which are for your 
consideration. No more sacred charge, certainly, is in 
your hands than that of our common schools, — the nurs- 
ery now for so many years in country and in town of the 
distinctive elements of New England character and prog- 
ress. Take care of them ; preserve them in their integ- 
rity ; and the rest of the educational problem will take 
care of itself. 

AGRICULTURE. 

The farming interests of the State, like most other in- 
dustries, have experienced a revival of prosperity. Better 
prices are now received for farm-produce than for some 
years past. The Commonwealth has expended many mil- 
lions of dollars to facilitate the means of transportation 
by which the products of the West are brought in compe- 
tition with the resources of our own soil ; and while tiie 
facilities have resulted in cheaper food for our populati(jn, 
tliey suggest the importance of doing all in our power to 
encourage the development of our own abundant re- 
sources, and the retention of our rural population, by , 
bi'inging the aids of science and intelligence to bear more 
effectually upon the labors of the farm. 

The State Board of Agriculture has held numerous and 
largely attended institutes through the agency of the local 
societies. Some of the societies have become embarrassed 
by unwise management, and it may be worthy of consider- 
ation whether they are all accomplishing the good which 
the State has a right to expect. 1 suggest that you con- 
sider whether the bounties which are paid to them by the 
Commonwealth cannot be made more fruitful in the en- 
couragement of good farming. Is it not possible, that, in 
some sections, they may be used to some extent in pro- 
moting the sugar-beet culture, which, if the manufacture 
of beet-sugar can be made successful, is a matter worthy 
of your attention in the agricultural interest? 

The Agricultural College has done good work, and can 
do more. It has done much in scientihc research and ex- 
periment; it has stimulated agricultural education; and 
the military training it furnishes at the hands of an officer 
of the army of the United States is of no small value to 
the Connnonwealth. The trustees, in accordance with the 
suggestion of the last legislature, have undertaken this 



27fi Governor's Address. 

• 

year to reduce its expenses within its income ; effecting a 
saviijg, it is claimed, of more than ten tliousand dolhirs a 
year. But the natural and laudable desire to raise a State 
institution to a high level of usefulness and influence will 
not permit it to remain long on a cramped footing. You 
must frankly face and settle which of several courses shall 
be the policy of the Commonwealth in its behalf. Among 
these is its abandonment ; which would be unjust to our 
agricultural interests, and which is impracticable with 
good faith either to the town of Amherst or to the national 
government, if for no other reason. . Another is the shift- 
less one of letting it nai'row into a local and feeble school. 
Another is to generously appropriate every year a sufti- 
cient sum of money to meet deficiencies and insure its suc- 
cess. That which is recommended in the report of the 
retiring governor and council is its union with Amherst 
College, if that can be effected, with provisions, of course, 
for fulfilling the trusts heretofore involved in the accept- 
ance of funds from tiie town of Amherst and from the 
national government. Su<ih a union, without destroying 
the integrity of this institution, would certainly separate 
it from the State treasury. It would save it from the 
annual attack that impairs its steadiness and accomplish- 
ment. It would graft a living branch upon a strong and 
growing college, which, adopting this new and independ- 
ent department of practical instruction, would, 1 am 
sure, even though with the same income, increase its effi- 
ciency, and enable it still, in the interest of agriculture 
and not subordinate to any other, to better achieve the 
woithy ])urposes of its foundation. I trust you will adopt 
such a course — and the one recommended in the above- 
named report is there suggested with that view — as will 
make this institution most valuable in promoting the 
great interest for which it stands. I suggest also some 
provision by which the alumni of the Agricultural Col- 
lege shall be represented in its overseership. It has 
turned out graduates well qualified for that trust, famil- 
iar with the merits and defects of its working, and likely 
to be zealous in enlivening it. 

I have been asked to call your attention to the necessity 
of action for the preservation of our forests. 

I refer to your consideration the following statement 
made to me by the secretary of tiie Board of Agri- 
culture : — 

" The Commonwealth expended many thousand dollars a few years 
ago, in stamping out a dreadfully contagious disease among our lierds 



Governor's Address. 277 

of neat cattle, and it is generally admitted to have been a wise and 
judicious investment. Our eiforts were attended with complete suc- 
cess; and we have experienced an exemption from similar contagious 
diseases which have cost other States and other countries large sums 
of money, and much individual loss and suffering. But while the 
disease commonly called the pleuro-pneumonia, is known to prevail in 
at least four States and in the District of Columbia, it furnishes a 
constant menace to our own farmers and to the immense cattle interest 
of the West. It seems to be within the power of Congress alone to 
effect a complete extirpation of this disease, and to furnish protection 
to a vast and increasing interest throughout the country. It would 
be proper for the legislature to memorialize Congress to take steps 
to meet the emergency by an appropriation sufficient to accomplish 
the object, and the appointment of a commission to co-operate with 
the authorities of the several States where the disease is known to 
exist. It is believed by comj)etent judges that one or two millions of 
dollars would be sufficient to secure complete exemption throughout 
the country; while, if it is neglected for ten years, a hundred millions 
will be entirely inadequate." 

HOOSAC TUNNEL AND TROY AI^D GREENFIELD RAILROAD. 

Whatever may be the best ultimate disposition of this 
great property of the Commonwealth, it is certain, in view 
of the drift of legislation for the last four years, the still 
early period of the enterprise, and the variety of interests 
that are seeking connection with it, that, for the present 
year at least, no change in the system of its general man- 
agement is practicable or to be recommended. A manager 
of long experience in i-ailroad service has it in charge; 
the line is in good working condition ; and the Boston, 
Hoosac Tunnel and Western Railroad has just become a 
connecting line. 

I cannot lielp feeling, that, however managed, the fact 
that it is owned by the State should not materially change 
the character of this property as a road forty-fonr miles 
long, with four and three-quarter miles of exceptionally 
expensive excavation and maintenance. It should be man- 
aged with the same prudence as if it were the property 
of an individual or a corporation. It should bear no bur- 
den bevond its proportion as a part of one great line to 
the West. 

The gross earnings for the year ending Sept. 30, 1878, 

were $201,108 48 

The gross earnings for the year ending Sept. 30, 1879, 

were . \ . . . • . . . . 224,365 14 

From which is reserved under the ai'bitration herein- 
after referred to 34,750 75 

Operating expenses, 1878 ' 80,428 34 

Operating expenses, 1879 ...... 88,449 89 

Additional exceptional expenses by flood of Decem- 
ber, 1878 18,370 01 



278 Governor's Address. 

Net earnings, including rent of the Southern Vermont 
Raih'oad, and exclusive of amount reserved as 
above |82,794 49 

Expended in constrnction and betterments from legis- 
lative appropriations 42,832 67 

Net result 39,901 82 

For estimates and other statistics I refer j'ou to the 
manajrer's report. The Commonwealth does not of course 
look for a direct commensurate money return on its invest- 
ment in this great enterprise. Its value is rather as a vital 
factor in o[)ening and cheapening tiansportation to the 
West in the interest of the whole people. In this view I 
recognize the necessity of expenditures in construction 
and betterments to keep the road up to the standard of 
other roads connecting with it ; but emphatically, it seems 
to me, you should confine these, except under extraor- 
dinary circumstances, within the limits of the revenue 
derived from it, and not allow it to become a load on the 
already over-burdened treasury of the Commonwealth. 
Once finished, with no interest or dividends to pay, and 
with prospective increase of business, the people will 
demand that it shall pay its own way. 

Until recently the Fitchburg Railroad has operated 
thirty-seven miles of it for one-third of the receipts. Last 
January that corporation claimed that it was operating 
this portion of the road at a loss, and asked for a reduction 
of this rate, which was refused ; and, in July last, an agree- 
ment for arbitration was made, a copy of which is in the 
manager's report. The arbitrators are now sitting to 
determine wliat rebate, if an}^ shall be allowed to enable 
the Fitchburg Railroad to operate said thirty-seven miles 
witliout loss, guaranteeing, however, to the State its own 
operating expenses. The arbitration was intended to 
cover substanlially the recess of the legislature. After it 
shall have decided what it costs a connecting line to oper- 
ate the Commonwealth's road, a fixed rate or toll ma}^ be 
made for the use of the tunnel, leaving tlie road to be pro- 
rated with any connecting roads that will form a through 
line. It is certainly necessary to have a more settled 
policy of operating the road, to give confidence to connect- 
ing lines, and to secure and hold business. If legislation 
is necessary, the report of the arbitrators will, it is hoped, 
give valuable data therefor. It will then be for you to 
consider whether the determination of tolls shall be as at 
present ; whether there shall be any thing in the nature 
of an arbitrary toll for the exceptional cost and consequent 
saving in distance and grade ; and whether the manager 



Governor's Address. 279 

shall not be empowered, in case no connectinf^ line can 
agree on terms for operating the road, to hire or purchase 
motive power for that purpose, and do the work himself. 

The legislature of 1878 required the taking of laud at 
Greenfield for a passenger station, and appropriated nine 
thousand dollars for that purpose. In obedience to that 
enactment, land was taken ; but the price allowed to the 
owners therefor by the county commissioners exceeds the 
appropriation by several thousand dollars, and a further 
appropriation will be necessary. 

There are some lands on the top of Hoosac Mountain 
which it may be worth while to authorize the manager to 
sell. 

HARBOR AND LAND COMMISSION. 

By an Act of last year the duties of the Harbor Com^ 
mission and those of the Land Commission were com- 
mitted to a new Board of three members under the name 
of the Harbor and Land Commissioners. These were 
selected from both the former Boards ; thus securing, as 
far as possible, the experience and special qualifications of 
each, and enabling the new commission to carry forward 
the united work without material interruption. The ex- 
periment of placing these two interests, closely allied as 
they happen to be, under one supervision, has had too 
short a trial to test its wisdom ; but the indications are 
that each will gain by the change, and that it is, indeed, 
only a question of time wlien the present Board shall 
ultimately be further consolidated with that of the Rail- 
road Commission. 

As the rapid growth of the interior and the West opens 
up the great resources of our country, it becomes apparent 
that the value of the facilities, that exist in a few seaboard 
States, for receiving and forwarding our own, and for re- 
ceiving and distributing the return of foreign products, 
cannot easily be overestimated. Wise statesmansliip de- 
mands that tliese facilities be vigilantly guarded and devel- 
oped upon broad views of their future use. 

Aside from a fund of 1130,000, already collected and 
held in trust for the 'protection and improvement of the 
most important harbors of the State, tliere has, since 1874, 
been received into the treasury from tide-lands of the 
Commonwealth, occupied by structures built under license 
from the Harbor Commissioners, the sum of $42,588. -jS. 
The land-interest in the Back Bay has yielded to the 
treasury -$4,295,745.65 net proceeds, while nearly 300,000 



280 Governor's Address, 

square feet of filled land are still unsold. Large returns 
ought also to be secured from the lands of the Com- 
monwealth at South Boston ; and it is important that 
the future treatment of this property should be compre- 
hensive, requiring at the hands of those having it in 
charge the wisest attention. 

All these great interests and ownerships of the State 
3'ou will carefully guard. On the other hand, so insidi- 
ously do they work on the imagination by the great ex- 
pectations that they are always holding out for the future, 
and so easily do they tempt the public treasury to partici- 
pation in attractive ventures, that you will be on the alert 
on all sides. You will not forget the lessons of the past ; 
and you will, I trust, favor that policy which shall gradu- 
ally divorce the Commonwealth from all enterprises alien 
to its simple governmental functions, and which shall ex- 
tinguish and, above all things, permit no increase of, the 
public debt. Nothing will tend more to this than the Avise 
development and disposition of these public lands in the 
line of the great railroad and commercial purposes for 
which they are designed ; so that, as soon as possible, they 
shall be out of the political sphere, and in the best chan- 
nels of business activity, those of private enterprise. 

1 call your attention to the very important matter of 
connecting existing railroads with the Commonwealth 
flats at South Boston, on which a report of the commis- 
jsion, to which the subject was referred by the last legisla- 
ture, will be made to you, and will furnish you informa- 
tion and assistance. 

Returning prosperity is indicated by an increase of 
the number of licenses granted in this department; also 
by the larger sales of land, amounting this year to 
$'359,313.18, which sura has gone to increase the sinking 
funds. The commissioners will present, for your consid- 
eration, a revision of the harbor line on the principal front 
in Boston Harbor. 

THE MILITIA. 

The authorized force is 330 commissioned officers, and 
4,436 men ; the total number actually in service, at date 
of last returns, about October 1st, was 312 officers and 
3,798 men. The oroanization is the same as a year ago. 
The expenses in 187^9 were 1131,807.09, against 146,805^76 
in 1878. About -19,000 of the expenditure of 1879 is 
chargeable too, not to the militia, but to the matter of 
pension and State-aid claims, and of war records. 



Governor's Address. 281 

I am sflad to say — and 1113^ predecessor in office cor- 
dially indorses the statement — that the militia is in an 
efficient state ; its tone elevated, and its conduct and 
character such as to entitle it to confidence. It can be 
relied on. In camp and inider inspection, there has been 
evidence of steady improvement. At the annual muster 
of each brigade, it was inspected by INIajor-General Ar- 
nold, who acted under the orders of the General of the 
Army of the United States, and whose official report be- 
stows the highest praise on the disci})line of our troops. 

I refer your attention to the Adjutant-Generars report; 
also to the report of the Surgeon-General, who is still 
called upon in connection with the claims of the veteran 
soldiers in whose behalf he has acted so long. On exam- 
ination of that, it will be proper for you to determine 
whether he shall be paid per diem, as at present, or his 
compensation be compacted to a fixed sum for the year. 

THE LIBRARY. 

The State Library now contains between forty and fifty 
thousand volumes, embracing publications designed to 
furnish information of value to those who enact and ad- 
minister our laws. Important changes have been made 
during the summer months, which will render it more 
convenient for your consultation and use. A new diction- 
ary catalogue has been carefully prepared. The need of 
additional shelf room, and other suggestions in the annual 
report of the librarian, are referred to your notice. 

LABOR. 

The laws in regard to the inspection of factories, the 
schooling of factory children, and the hours of labor, were 
passed for the protection, and affect directly the daily life, 
of a great body of our people. Every large consideration 
requires their enforcement. This was committed by the 
last legislature to the district police ; and I refer to you 
the report of the chief of that force, with its statement of 
his work done in this behalf. I recommend that the in- 
spectors, whose duty is distinct from that of police, be 
made a separate department under the same head, but 
charged solely with the duties of inspection, and the en- 
forcement of the laws connected therewith. This would 
involve no additional expense, and would, I believe, be 
more satisfactory to all whose interests are concerned. No 
legislation is necessar}' to increase the number of inspect- 
ors, as that is provided for by the present law. 

36 



282 Governor's Address. 

In this connection I call your attention to the recom- 
mendation of my predecessor that wages due for labor be 
exempt from attachment. 

insurance. 

The extent of this l)ranch of business is indicated by 
the fact that the risks now annually written in Massachu- 
setts alone aggregate nearly or quite $800,000,000, on 
which almost $12,000,000 in premiums are each year col- 
lected from our citizens. 

Under the provisions of chap. 104 of the Acts of 1878, 
the insurance department is gathering a variety of statis- 
tics from the municipalities of the Commonwealth, for the 
purpose of determining, if possible, a more intelligent and 
trustworthy standard of fire experience than any 3-et se- 
cured. With this, and with the passage and enforcement 
of proper building laws, we may expect also a material 
prevention of fires and consequent diminution of the 
heavy losses so constantly occuring. 

In the matter of life insurance, while Massachusetts has 
scrupulously avoided hasty and embarrassing enactments, 
there has been a growing demand for some law regulating 
the non-forfeiture of life policies, which shall be more sat- 
isfactory in its application than the Statute of 1861. Real- 
izing such necessity, the legislature of 1879, b}^ a special 
resolution, referred this whole matter to the Insurance 
Commissioner, with instructions to confer with officials of 
other States, and report at this session. This subject, with 
possibly others of kindred interest, will require careful 
and intelligent consideration. 

LIQUOR LEGISLATION. 

The present law with regard to the sale of intoxicating 
liquors, which is prohibitory except in those municipali- 
ties that authorize the granting of licenses, would, in my 
judgment, be improved and made more democratic by an 
amendment transferring directly to the people the option 
whether licenses shall be granted or not. The election of 
municipal officers should not turn, as it now too often does 
in many places, on this sole issue. 

With regard to the whole subject of which the fore- 
going is a single feature, I should not be candid if I did 
not say that my own sympathies are with that great body 
of men and women throughout the Commonwealth, who, 
having its best interests at heart, believe that the remedy 



Governor's Address. 283 

of the evil must sooner or later be found in the line of its 
prohibition, and who cannot reconcile themselves to giving 
it the sanction of the State. I recognize, however, that 
the law must be such that " the people will see to and aid 
in its enforcement; " and the matter is for you as the rep- 
resentatives of the popular will. But while crime, insan- 
ity and pauperism, caused by intemperance, fill our public 
institutions, and make heavy the burdens of taxation, 
though tlie reform must be slow, and its best agencies 
those of UKU-al influence and personal example on the part 
of those who have most at stake, legislation none the less, 
to the full exteut to which it can command or lead public 
sentiment in its support, must supplement and forward 
the work. Whatever the law on tliis subject, it should, 
at least, be thoroughly enforced ; and the same may indeed 
be said of other criminal statutes. The laying of indict- 
ments on file is often necessary, but I suggest to you the 
propriety of giving the judges a supervision of their dis- 
position. This, I cannot helj) thinking, would not only be 
a relief to the district attorneys, but tend also to still 
better insure the searching and impartial enforcement of 
all the criminal laws. 

STATE AID UNDER ACTS OF 1879. 

Disbursements under chapter 252, which is " An Act for 
the benefit of poor and indigent soldiers and sailors," began 
in May. 

The number of cities and towns reporting aid under 
this Act is 175. The disbursements for the six months 
ending October 31, amount to $38,281.01. Half of that 
amount will be reimbursed by the State, the cost to which, 
for the full year, is estimated at not exceeding '|!50,000. 

Chapter 301 is an Act by which invalid pensioners and 
dependent relatives receive aid, and is a revision of former 
statutes relating to the same subject. It took effect June 
1st, and in nearly every city and town the expenditures 
have materially decreased. 

For the five raontlis previous to that date 175 cities and 

to-rnis expended ....... $87,445 72 

For the five months since ...... 72,435 20 



Showing a decrease of $15,010 52 

From these figures it is estimated that the total expendi- 
tures under this Act will be lessened some $50,000 annu- 



284 Goyerisor's Address. 

ally. It is claimed that this saving has deprived no 
wortliy soldier or sailor, or dependent relative, of the meas- 
nre of assistance intended by the law; and if it shall 
amount to the sum expended under chapter 252, both laws 
may be considered beneficent and wise. 

It is claimed, as a matter of impartial justice, that the 
benefits of chapter 252 should be extended to the 90 and 
loo days' men and the three months' men, enlisted in 1861 
and 1864 ; and also that legislation is necessary on the 
subject of the settlement of soldiers serving less than a 
year on the quota of any city or town. I commend these 
claims to your consideration. 

TAXATION. 

The question of just and equal taxation will, I presume, 
engiige your attention. On the one hand, to get rid of 
double taxation is not to lighten the aggregate burden, 
which is only sliifted from one shoulder to another, even 
though its weight be more equitably distributed. On the 
other hand, that double taxation exists is capable of math- 
ematical demonstration ; and double taxation is unjust be- 
cause it is paying twice. It is not altogether true to say 
that it is the ability to pay that is taxed; for the anomaly 
is not infrequent of one man of the greatest abiHty taxed 
extravagantly little, and another taxed for actually more 
than he is wortli, if the balance of his assets were struck. 
The true theorj^ undoubtedly lies in attaching the tax to 
actual visible propert}', and not to its shadow or to credits 
based upon it. Laid on actual things, the tax would still 
diffuse itself, seeking its level like water, and com^DcUing 
ever}- consumer and purchaser to bear his just and equitable 
share of its burden. Deal with real things, and the prob- 
lem of taxation is as simple as measuring length with a 
3-ard-stick. Pass to credits, and they are elusive as the 
forms and colors in a kaleidoscope. The truth of this 
theory, I think, nobody doubts. The difficulty is in over- 
turning a settled system, which, under the elastic applica- 
tion of good men and true, means to do about right and to 
deal out as even a justice as it can. It is a very doubtful 
question whether, even if you could, you would dare at 
once the risks and hardships that would attend an abrupt 
change .Certainly, if you attempt to cover the whole field, 
you will very likely fail on every point. If you will take 
one step, and only one this j^ear, you will have achieved 
enough, even though the first step demands, logically, the 
taking of every other as well. Besides, your successors 



Governor's Address. 285 

will then be in a position, if the evil results shall follow 
which some portend, to repair the mischief with the small- 
est loss. 

On the other hand, I refer to you a suggestion made to 
nie by some who are of the opposite way of thinking. 
However meritorious, its adoption would tend to confirm, 
it seems to me, the present system rather than be a step 
towards a new one. It is: — 

" Tliat tlie class of owners for whom relief is most to be desired is 
that of the owners of homesteads of moderate cost ; that a policy 
which shall encourage the ownership of the family dwelling by its 
occupant is of immeasurable benefit in its effect ujion the individual 
owner and upon the community at large ; that a solution of the pi-ob- 
lem may perliaj^s be found in the exemption of homesteads from tax- 
ation to a moderate amount ; and that this will not increase. the appar- 
ent I'ate of taxation any more than the exemption of mortgaged loans ; 
that it will directly relieve the class which should receive relief ; that 
it will not teud to encourage a perpetuity of debt as does an exemp- 
tion of encumbered estates only ; that it will have no effect to induce 
unreasonable speculation in land ; and that it can be made without 
any general recasting of a system of taxation which has stood so 
long." 

THE STATE PRINTING. 

Differences of opinion have arisen during the past year 
between the governor and council and the State printers, 
concerning the application of the contract for the execu- 
tion of the State printing and binding. Full hearings 
have been had. The State printers have claimed that the 
construction of the contract put upon it by the executive 
department subjects them to an actual loss. But the 
governor and council have not felt at libert}' to vary in 
any way their construction of its terms in behalf of the 
State printers, or to relieve them from their obligations 
under it. If they shall ask for a modification of its terms, 
it should be made more specific in every detail. In that 
case, too, I recommend that you consider the propriety of 
buying the State's paper — some hundred thousand pounds 
a year — upon bids hi the open market, and of providing for 
its purchase. It was the opinion of my predecessor that 
statement should be made to you of the questions that 
have arisen in this regard, of the efforts and inaljility of 
himself and his council to settle them satisfactorily to all 
parties, and of the propriety, if you see fit and the State 
printers desire, of making the whole matter more definite. 



286 Governor's Address. 



POLICE. 

I would ask you to consider the propriety of enabling 
tnunicipalities to draw on one another, under proper reg- 
ulations, for police aid in cases of necessity. Tiiis would 
furnish each of them in an emergenc}^ with an efficient 
and disinterested force; it would meet that demand for a 
special State or metropolitan police which is constantly 
cropping out, and it would wiselj^ make still more remote 
the possibility in any case of that appeal to the military 
arm, the suggestion of which should be only in the very 
last resort. 

CONSTITUTIONAL AMENDMENTS. 

A resolve was agreed to last year for a constitutional 
amendment, providing for biennial elections of State offi- 
cers, senators and representatives, and for biennial sessions 
of the legislature. I have questioned the expediency of 
such a change ; but it is one on which public sentiment 
has been growing, and should be submitted to the people 
for their linal decision. 

I trust you will agree to another resolve, also agreed to 
last year, for a constitutional amendment to the effect 
that " no soldier 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 said service, if otherwise qualified to vote, 
shall be disfranchised therefor on account of his being a 
pauper." 

Believing that suffrage is a right, I should follow my 
predecessor in recommending that a constitutional amend- 
ment giving it to women, be submitted to the people for 
final decision by them, were it not that last year an act 
was passed empowering women to vote for members of 
school committees, thereby furnishing a practical though 
partial trial of the whole question. If the result shall 
tend to disprove many of the objections that have been 
raised on the score of expediency, as I believe it will, I 
cannot help thinking that the ca-use of woman suffrage 
will be better subserved at present by the test of thus 
attaching it to a specific subject than by a reiteration here 
of the usual and familiar discussion of the general ques- 
tion, to be followed by the usual result. 

1 suggest, for your consideration, the expediency of a 
constitutional amendment, providing that the execnitive 
council shall consist of those lieads of departments who 
are elected by the people. Even as at present, their pres- 



GovEll^oR's Address. 287 

ence is demanded in the council chamber much of the 
time. The work of visitation and inspection, to which 
councillors have been wont to attend, is now also done 
by other bodies charged specially with that work. The 
duties of concurring' in the granting of pardons, and 'of 
confirming appointments, which are almost the only ones 
DOW exclusively left to the council, ought to be as well 
performed by a board constituted as I have suggested, 
with whom, also, the advisory function could be as safely 
intrusted. 

THE JUDICIARY. 

I know of no way by which the crowded docket of the 
Supreme Judicial Court can be relieved, and its business 
expedited, so simply and thoroughly and with so little 
interference with our present judicial system, as by trans- 
ferring to the Superior Court all causes of marriage, 
divorce and alimony, as well as petitions for support of 
the wife under the Act of 1874, An increase of judges 
is not desirable, nor would you establish a new court. 
Important as is the relief of the Supreme Judicial Court 
in the interest of the despatch of its business, I know of 
no tribunal except the Superior Court to which so impor- 
tant a jurisdiction should be transferred. 

THE secretary's DEPARTMENT. 

The pamphlet entitled General Laws and Resolves 
might well contain all acts and resolves passed during tlie 
session. This would help to supply the demand for the 
Blue Book, which costs far more, and would not, it is esti- 
mated, add over seven per cent, to the present expense of 
the pamphlet edition. 

The secretary's department labors under disadvantages 
for want of space sufficient for the proper disposition of 
the archives, the arrangement and preservation of wliich 
have had his special attention, and are of great impor- 
tance. 

OTHER TOPICS. 

The necessity for legislation for insuring accuracy in 
the counting and return of ballots ; — 

For protecting the community against medical impos- 
tors ; — 

And for the better enforcement of the penalties against 
gaming, — has been urged upon my attention, and I 
respectfully refer it to yours. 



288 Governor's Address. 

Senators and Representatives : 

This hundredth year of enlightened growth vindicates 
the wisdom of the Constitution under which we meet to- 
day as the representatives of a thriving, intelligent, free, 
and happy people. The Commonwealth is prosperous; its 
oflicial departments are in good working order ; its ex- 
penses liave been reduced. The incisive work of last year, 
and the necessity of longer trial to test the wisdom of the 
changes then made, and which I trust you will be slow to 
reconsider, convince me that your session well may and 
ought to be brief, and that I should not cumber you with 
many suggestions. You will certainly do nothing to lower 
the standard of economy or efficiency. Wherever the 
treasury can be guarded, there is j^our duty and mine. 
Above all, the public debt, but for the interest on which 
no general State tax would be necessary and the savings 
banks tax could be reduced, must not be increased by a 
single dollar. If there is less opportunity for specific 
retrenchment, let us especially avoid tlie risk, that always 
attends a reviving prosperity, of committing the Common- 
wealth to extravagant outlays or participation in under- 
takings foreign to the limited purposes of a State. 

But a higher trust than tlie material thrift of Mas- 
sachusetts is the maintenance of her ancient honor and of 
her advanced liumanity. In your efforts to further all 
these, I shall be glad to co-operate. I congratulate 3'ou, 
lepresentatives of the sacred rights and interests of the 
great body of the people, upon your entrance on 3'our 
duties. And with a grave sense of the responsibility I 
enter on my own. 



Special Messages. 289 



SPECIAL MESSAGES. 



THE FOLLOWING SPECIAL COMMUNICATIONS WERE MADE BY HIS 

EXCELLENCY THE GOVERNOR TO THE LEGISLATURE 

DURING THE ANNUAL SESSION. 

[To the Senate, January 10.] 

I have the honor to transmit herewith, for the informa- 
tion of the General Court, resolutions of the Legislature 
of New Hampshire in reference to closing up the Centen- 
nial Exhibition held in Philadelphia in 1876, and also 
resolutions of the General Assembly of Connecticut, con- 
cerning the jurisdiction of United States Courts over 
municipal corporations. 

[To the House of Representatives, January 16.] 

I have the honor to transmit herewith, for the informa- 
tion and use of the General Court, the annual reports for 
1879 of the Trustees of the State Almshouse ; the Trus- 
tees of the State Workhouse ; the Trustees of the State 
Primary and Reform Schools ; the Trustees of the State 
Lunatic Hospital at Worcester ; the Trustees of the Tem- 
porary Asylum for the Insane ; the Trustees of the State 
Lunatic Hospital at Taunton ; the Trustees of the State 
Lunatic Hospital at Northampton ; the Trustees of the 
State Lunatic Hospital at Danvers ; the Treasurer and 
Superintendent of the Massachusetts Employment Bureau 
for Disabled Soldiers ; and the Chief of the District Police. 
Also the report of the Governor and Council in compli- 
ance with section 3, chapter 258, Acts of 1879, concern- 
ing the Massachusetts Agricultural College. 

[To the House of Representatives, January 20.] 
T have the honor to transmit herewith, for the informa- 
tion of the General Court, and for such action as may be 
found necessary, a communication from the Superintend- 

37 



290 Special Messages. 

ent and Trustees of the State Almshouse at Tewksbur}*, 
reporting the destruction by fire of one of the principal 
outbuildings of the institution on the 19th inst. 

[To tlie Senate, January 21.] 
I have the honor to transmit herewith to the General 
Court a report of the pardons granted in 1879, left with 
me by my predecessor in office. 

BY HIS EXCELLENCY THOMAS TALBOT. 
[To tlie Senate and House of Eepresentatives, January 8, 1880.] 

I have the honor herewith to present, in compliance 
with chapter 50 of the Resolves of 1860, a report of the 
pardons issued by the Governor and Council during my 
administration. The number of convicts thus discharged 
is fifty-one, of v/hom ten were in the state prison, thirty- 
seven in houses of correction, one in the reformatory pris- 
on for women, one in jail, and two in the house of industry 
.at Deer Island. Fatal sickness was the controlling reason 
for pardon in fifteen cases, and insanity in three. 

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 should be held to serve out the 
remainder thereof. 

No. 1. Daniel Reardon. Crime, assault witli intent 
to kill. Convicted in the Superior Court, Middlesex Coun- 
ty, July 20, 1876, and sentenced to the state prison for five 
years. Pardon granted January 15, 1879. Reardon was 
in the last stages of consumption, and died January 18. 

No. 2. WiLLARD S. HiGGiNS. Crime, bigamy. Con- 
victed in the Superior Court, Suffolk County, June term, 
1878, and sentenced to the house of correction for one year. 
It appeared to the committee on pardons that the second 
marriage was devoid of criminal intent, and was entered 
into in good faith by both parties. Higgins was therefore 
pardoned January 31, after serving about seven months. 

No. 3. Daniel Flynn. Crime, violation of the liquor 
law. Convicted in the Superior Court, Middlesex County, 
November 14, 1878, and sentenced to three months in the 
house of correction, and to pay a fine of one hundred dol- 
lars and costs. Pardoned March 1, 1879. Practically this 
pardon was but a partial remission of the fine, Flynn hav- 
ing completed his term of imprisonment, and also two 
weeks of the time required to serve out the fine and costs. 
The fine and costs be was utterly unable tp pay. He had 



Special Messages. 291 

a wife and seven children destitute and dependent on him, 
and his discharge enabled him to obtain immediate em- 
ployment at honest labor. Among the petitioners for par- 
don were the selectmen of the town where the ofience 
was committed, and the justice by whom the sentence was 
imposed. 

No. 4. Philip Riley. Crime, larceny. Convicted ia 
the Lowell Police Court, August 12, 1878, and sentenced 
to one year in the house of correction. Pardoned March 
1, 1879. Kiley was a Aveak-minded 3-outh, who, under the 
temptation of easy access, stole a small sum of money 
from his father at home. The father, exasperated, entered 
a complaint, and asked the judge to impose the longest 
possible sentence, which was done. After the boy had 
been confined about six months, the father relented; and 
on his petition, strengthened by the recommendation of the 
judge, a pardon was granted. 

JNo. 5. Stephen Turner, Jun. Crime, assault. Con- 
victed in the Superior Court, Barnstable County, April 
term, 1878 ; sentenced to the house of correction for two 
years. Pardoned March 26, 1879. This case was investi- 
gated by the Council of 1878, who found that extenuating 
circumstances justified a pardon at the close of the first 
year of the term. This judgment a careful examination 
by the Council of 1879 confirmed. 

No. 6. John Curtin. Crime, receiving stolen goods. 
Convicted in tlie Superior Court, Essex County, March 1, 
1878 ; sentence, two years and a half in the house of cor- 
rection. Pardoned April 5, 1879. The chief reason was, 
that the city marshal of Salem, upon whose testimony 
Curtin was convicted, came before the committee on par- 
dons, and stated that facts had been discovered since the 
trial which convinced him of Curtin's innocence. 

No. 7. John Connell, alias John Slattery. Crime, 
larceny. Convicted in the Superior Court, Suffolk County, 
December term, 1878 ; sentence, two years in the house of 
correction. Pardoned April 11, 1879, on account of fatal 
sickness. 

No. 8. Thomas Monahan. Convicted in the Superior 
Court, Worcester County, October 23, 1877, of breaking and 
entering, and sentenced to the state prison for three years. 
Pardoned April 15, 1879. It appeared that the offence 
was committed in the daytime, and with a mischievous, 
not a felonious purpose. His pardon was asked for by the 
selectmen and citizens of the town in which the crime 
occurred (Sterling), by the selectmen and citizens of the 



292 Special Messages. 

town of Monahan's residence (Ashburnham), by the man 
whose house was broken into, and was recommended 
strongly by the district attorney. 

No. 9. Clark Fairbanks. Crime, arson. Convicted 
in the Superior Court, Worcester County, October term, 
1861. and sentenced to the state prison for life. Pardoned 
April 18, 1879, only to be removed to an asylum, having 
become hopelessly insane. 

No. 10. James D. Hall. Crime, assault. Convicted 
June 14, 1878, Superior Court, Suffolk County, and sen- 
tenced to the house of correction for two years. Hall be- 
came insane, and while in the hospital went into consump- 
tion ; for which reason, and upon the recommendation of 
Dr. Clement A. Walker, Dr. Brown of the Taunton Hos- 
pital, and Mr. Wrightington, General Agent of the Board 
of State Charities, he was pardoned April 18, 1879. 

No. 11. Bartlett M. Bramhall. Crime, obtaining 
money under false pretences. Convicted in the Superior 
Court, Suffolk Count3% July term. 1878 ; sentence, one 
3^ear in the house of correction. Pardoned April 25, 1879. 
There were mitigating circumstances in the (;ase, which, 
had they been presented at the trial, as they would have 
been had Bramhall possessed the means to procure coun- 
sel, would undoubtedly have lightened the sentence. His 
pardon was favored by the complainant and by the dis- 
trict attorney, and strenuously urged by Dr. Walker, 
physician of the house of correction. 

No. 12. John Kelly. Crime, perjury. Convicted in 
the Superior Court, Middlesex County, February term, 
1877 ; sentenced at the February term, 1878, to two years 
in the house of correction at East Cambridge. Kelly was 
convicted in November, 1876, of assault and battery ; and 
his perjury consisted in swearing to his innocence in that 
case. His sentence for the assault and battery (six 
months) expired in May, 1877 ; but, pending a decision on 
exceptions taken by his coimsel in the perjury case, he was 
held in confinement nine months longer, when, the excep- 
tions being overruled, he was sentenced to two years' 
additional imprisonment. It appeared in evidence before 
the committee on pardons, that the judge who imposed 
the last sentence was not aware of this nine months' dur- 
ance ; and as the perjury was not of great enormity, 
affecting neither life nor property, it seemed but just to 
count the nine months as a part of the two years' term. A 
pardon was accordingly issued May 1, 1879. 

No. 13. Patrick J. Egan. Crime, assault. Con- 



Special Messages. 293 

victed in the Police Court, Lee, November 16, 1878, and 
sentenced to the house of correction for six months. Par- 
doned April 25, 1879, on the recommendation of the 
judge, who certified that facts had come to his knowledge 
since the trial, which, if before him at that time, would 
have lightened the sentence. 

No. 14. D. Webster Arnold. Crime, assault and 
battery. Convicted in the Superior Court, Norfolk County, 
December 11, 1877, and sentenced to the house of cor- 
rection for one year and a half. Pardoned April 25, 1879. 
Arnold had a good reputation before his transgression. 
His pardon was asked for by many of the most prominent 
citizens of Braintree, and there was no opposition. By 
his discharge only six weeks of his term were remitted ; 
and he was enabled to obtain immediately employment 
necessary to the support of himself and his family. 

No. 15. Margaret McDonough. Convicted of as- 
sault and battery, April 10, 1879, in the Municipal Court, 
Boston, and fined five dollars and costs, in default of the 
payment of which she was committed to the house of in- 
dustry for forty days. She was a quiet, respectable, indus- 
trious woman, and her offence consisted in striking a 
notoriously quarrelsome and drunken neighbor in retalia- 
tion for grossly abusive language. Pardoned April 25 on 
the recommendation of the Boston Board of Directors for 
Public Institutions, the officer who made the arrest, and 
the judge who tried the case. , 

No. 16. George Pottle. Crime, breaking and enter- 
ing, and stealing. Convicted in the Superior Court, Essex 
County, February 8, 1878 ; sentence, two years and a half 
in the house of correction at Lawrence. Pardoned May 
2, 1879. It appeared that Pottle and another young man, 
while on a spree, broke into several unoccupied summer- 
houses, and carried away a few carpenter's tools of small 
value. Both were indicted; but, while the case against 
Pottle's companion was placed on file, Pottle, who was a 
stranger and without counsel or friends, received a sen- 
tence, which, under the circumstances, seems severe. His 
pardon was favored by the authorities of Gloucester, where 
the offence was committed, by the city marshal who pros- 
ecuted the case, by the persons whose property was injured, 
and was opposed by nobody. 

No. 17. William H. Dalrymple. Crime, polygamy. 
Convicted in the Superior Court, Essex County, February 
25, 1878, and sentenced to the house of correction for two 
years. Pardoned May 23, 1879. There were extenuating 



294 Special Messages. 

circumstances in the case; the prisoner's health had he- 
come impaired by confinement; the petition for executive 
clemency was signed by the Hon. George B. Loring, the 
Hon. Charles P. Thompson, the Hon. John K. Tarbox, W. 
D. Northend, Esq., William Cogswell, Charles S. Osgood, 
Esq., George Wheatland, R. E. Harmon, Esq., Willard P. 
Phillips, Esq., and other prominent gentlemen who were 
familiar with the case, and was urged witli great earnest- 
ness by ex-Mayor Calley of Salem, by whom it was repre- 
sented that the sentiment of the community in which Dal- 
rymple had lived was strongly in favor of a pardon. 

No. 18. Philip Daloky. Crime, assault and bat- 
tery. Convicted in the Superior Court, Norfolk County, 
December 20, 1877, and sentenced to the house of correc- 
tion for two years. Pardoned May 22, 1879. Reason, fatal 
sickness. 

No. 19. Joseph E. Kyle. Crime, breaking and en- 
tering. Convicted in the Superior Court, Suffolk County, 
September term, 1878, and sentenced to the house of cor- 
rection for two years. Pardoned May 22, 1879. Reason, 
fatal sickness. 

No. 20., William A. Sherman. Crime, larceny. Con- 
victed October 9, 1878, Superior Court, Barnstable Coun- 
ty, and sentenced to the house of correction for sixteen 
4 months. Pardoned June 9, 1879, upon the recommenda- 

tion of the district attorney, and also on ample evidence 
that a sentence of only eight months was ijiteuded. 

No. 21. Elmer Gouch, alias Edward P. Morrill. 
Crime, breaking and entering, and stealing. Convicted 
October 26, 1878, Superior Court, Essex County, and 
sentenced to the state prison for seven years. Gouch cut 
his throat in a fit of despondenc}', and, being mortally 
Avounded, was pardoned at the request of his mother 
June 4, 1879. He died June 10. 

No. 22. Lawrence Quinlan. Crime, breaking and 
entering. Convicted in the Superior Court, Suffolk County, 
November term, 1877, and sentenced to the house of cor- 
rection for two years and a half. Pardoned Juno 7, 1879, 
on certificates from the physician, Dr. Walker, that tlie 
convict was in the last stages of consumption. 

No. 23. Michael Driscoll. Convicted in the Police 
Court, Cambridge, May 3, 1879, of drunkenness, for which 
he was fined tw^o dollars and costs (with the alternative of 
thirty days' imprisonment) ; and of assaulting a police 
officer, for which he was sentenced to thirty daj's in the 
house of correction. Pie failed to pay the fine, and was 



Special Messages. 295 

accoidingly committed for a term of sixty days in all. 
At the expiration of tliiity days his friends petitioned for 
his pardon, ag^reein.f^ to pay the fine and costs ; and, as this 
was substantially tlie fulfilment of the law, a pardon was 
granted June 7, 1879. 

No. 24. Arthur Macomber. Crime, breaking, enter- 
ing, and larceny. Convicted December 30, 1876, in the 
Superior Court, Hampshire Count}^ and sentenced to the 
house of correction for five years. Pardoned. June 30, 
1879. The sentence in this case was manifestly excessive. 
The district attorney expressed his conviction that there 
must have been some misunderstanding on the part of the 
court about the facts of the case at the time of the sen- 
tence ; and he, with the district attorney who prosecuted 
the case, the officer who made the arrest, the man whose 
property was taken, and the community in Northampton 
generally, united in requesting executive clemency. A 
pardon was accordingly issued, to take effect at the expira- 
tion of one-half the sentence. 

No. 25. John Sullivan. Crime, larceny. Convicted 
May 29, 1878, in the Superior Court, Hampden County, 
and sentenced to the house of correction for sixteen months. 
Pardoned June 24, 1879, on the certificate of the phy- 
sician of the house of correction that the convict was in a 
critical condition, and likely soon to die. 

No. 26. James A. Chalk. Crime, participating in 
a riot. Convicted June 6, 1877, in the Superior Court, 
Worcester County, and sentenced to the house of correc- 
tion for two years and nine months. The offence was com- 
mitted at Westborough Reform School, of which Chalk 
Avas an inmate, and the trustees of the institution turned 
him over to the courts. Upon the official and formal 
recommendation of these trustees, and also upon the 
recommendation of the district attorney and the sheriff of 
"Worcester Count}^ a pardon was granted, to take effect 
at Chalk's mnjority, Jul^' 1, 1879. 

No. 27. William Jones. Convicted of rape, in the 
Superior Court, Suffolk County, at the August term, 1872, 
and sentenced to the state prison for fifteen j-ears. A 
very careful investigation by the Governor and the commit- 
tee on pardons showed beyond a reasonable doubt that 
Jones was guilty only of an indecent assault. In consid- 
eration of the fact that he had been in prison nearly seven 
years, and upon the recommendation of the foreman of 
the grand jury who found the indictment, the officer who 
made the arrest, and the judge who imposed the sentence 
(Devens), a pardon was granted June 30, 1879. 



296 Special Messages. 

No. 28. George F. Laverty. Crime, larceny. Con- 
victed in the Central District Court, Worcester, March 4, 
1879, and sentenced to the house of correction at Fitch- 
burg for one year. Pardoned June 30, 1879, for the per- 
formance of a surgical operation wjiich, as certified by the 
master and the physician, was of immediate and impera- 
tive necessity, and could not be successfully done in the 
house of correction. 

No. 29. William Eastman. Convicted of breaking 
and entering : Superior Court, Middlesex County, June 
term, 1878, and sentenced to the house of correction for 
two years. Pardoned July 14, 1879. It appeared upon 
investigation that Eastman was a dupe, and not a ready 
,^ accomplice in the crime ; and a pardon was earnestly 

recommended by B. B. Johnson, Esq., trial justice, who 
had examined the case, by the selectmen of Weston 
(Eastman's residence), by the arresting officer, by the 
party whose property was injured, and by the district 
attorney. 

No. 30. Cornelius Sullivan. Crime, breaking and 
entering. Convicted in the Superior Court, Middlesex 
County, February 19, 1878, and sentenced to the house of 
correction for two years. Pardoned July 14, 1879, on 
account of a complicated disease of the eyes, which, the 
physician certified, Avould be aggravated by longer con- 
finement, so as to threaten total blindness. 

No. 31. John I. Ringold. Crime, larceny. Con- 
victed in the Superior Court, Worcester County, January 
term, 1879, and sentenced to the house of correction for 
eighteen months. Pardoned July 14, 1879. Reason, fatal 
sickness. 

No. 32. James Reardon. Crime, resisting an offi- 
cer. Convicted in the Superior Court, Middlesex County, 
March 12, 1879, and sentenced to tlve house of correction 
for one year. Pardoned July 21, 1879. It appeared that 
Reardon was arrested for being noisy on the street, and 
resisted because he believed the officer had no right to 
take him without a warrant. The offence was a slight 
one of its kind, and his pardon was favored by the people 
of Arlington generall}^ and requested by the selectmen, 
the assaulted officer, and the chief of police. 

No. 33. John Estes, Jun. Crime, breaking and en- 
tering. Convicted in the Superior Court, Berkshire 
County, January term, 1878, and sentenced to the state 
prison for three years. Pardoned July 21, 1879, on account 
of fatal sickness. 



Special Messages. 297 

No. 34. John B. Cure an. Crime, assault and bat- 
tery with a pistol. Convicted in the Superior Court, Suf- 
folk County, September, 1878, and sentenced to the house 
of correction for two years. Pardoned July 24, 1879, on 
account of fatal sickness. 

No. 35. John Lynch. Crime, breaking and entering.. 
Convicted in the Superior Court, Suffolk County, January, 
1879, and sentenced to the house of correction for two 
years. Pardoned Jul}^ 24, 1879, on account of fatal illness. 

No. 36. Lawrence Finnegan. Crime, robbery. Con- 
victed in the Superior Court, Suffolk County, November, 
1871, and sentenced to the State Prison for ten years. 
Pardoned July 31, 1879. It appeared that Finnegan had 
but a few months long^er to serve, deducting: his "good- 
behavior time ; " that he was but seventeen years old 
at the time of conviction, and was a skilful and faith- 
ful workman ; that he could have employment immedi- 
ately upon his discharge ; and that the executive clemency 
would be likely to aid his reformation and salvation, and 
would not be detrimental to the public interest. 

No. 37. Frank Keevan. Crime, embezzlement. Con- 
victed in the Municipal Court, Roxbury, March, 1879, 
and sentenced to the house of industry for six months. 
Pardoned July 31, 1879, at the urgent request of the party 
from whom the boy embezzled, re-enforced by the recom- 
mendation of the judge, based upon evidence that the 
degree of guilt was very light, and that a pardon was a 
wise measure of reformation. 

No. 38. John Coyle. Convicted of drunkenness and 
malicious mischief, in 'a Trial Justice's Court, Dedham, 
June 16, 1879, and sentenced to pay a fine of three dollars 
and costs for drunkenness, and twenty-five dollars and costs 
for malicious mischief. Being without counsel, friends or 
money, he was compelled to suffer the alternative of im- 
prisonment, amounting in all to four months. It appeared, 
upon a hearing, that Coyle had previously borne a good 
character, that his offences were trifling of their kind, and 
that his former employer was ready to give him work. 
For these reasons, strengthened by tlie recommendation of 
the trial justice, Coyle was pardoned August 14, 1879. 

No. 39. John Gilltgan. Crime, larceny. Convicted 
in the Superior Court, Suffolk County, March tern;, 1879, 
and sentenced to the house of correction for six months. 
Gilligan became dangerously sick, and, having but a few 
days longer to serve, was pardoned September 15, 1879. 

No. 40. John F. Fleming. Crime, assault and bat- 

.38 



298 Special Messages. 

• tery. Convicted in the Municipal Court, South Boston, 
July 12, 1879, and sentenced to the house of correction for 
three months. Fleming's former employers appeared be- 
fore the pardon committee, and testified to his industry 
and sobriety, and offered to take him again into their 
service at good pa}^ It appeared also, that the assault 
was committed under strong provocation; and the judge 
reported to the committee, that, had the facts been fully 
presented to him at the trial, the sentence would have 
been much lighter. Fleming was accordingly pardoned 
September 29, 1879. 

No. 41. William A. Aylesbury. Crime, larceny. 
Convicted in the Superior Court, Suffolk Count3% March 
term, 1879, and sentenced to the house of correction for 
one 5'ear. Pardoned September 29, 1879. The grounds of 
clemenc}- were, that the prisoner Avas a boy of weak con- 
stitution, both physical and mental ; that the crime was a 
petty one, consisting of the theft of a banjo ; that the 
lower court, from whicli he appealed, gave him a term of 
but six months, which he had already exceeded ; and that 
his pardon was recommended by the city marshal of Chel- 
sea, at whose instance the boy was arrested. 

No. 42. John Dean. Crime, robbery. Convicted in 
the Superior Court, Suffolk County, November term, 1873, 
and sentenced to the state prison for ten years. Dean, 
who was very young, in compan}'^ with another youth 
snatched a small sum of money from a person on the 
street. In consideration of his age, of his having served 
nearly six years of his term of inaprisonment, of an offer 
by his former employer to give him work, and of the ear- 
nest assurances of the Hon. M. J. Flatley that executive 
clemency would undoubtedly aid in the reformation of 
the prisoner, a pardon was granted September 29, 1879. 

No. 43. Zaccheus Pocknet. Crime, assault and bat- 
tery. Convicted in the Superior Court, Barnstable County, 
October term, 1878, and sentenced to the house of correc- 
tion for fifteen months. His term was made up of two 
sentences, — one of twelve and the other of three months. 
Both were for piractically the same offence. As he had 
served twelve months, as the assaulted parties were but 
slightly injured, as Pocknet was usually a quiet and 
peaceful Indian, as liis family was dependent on charity 
for tJieir support, and as his discharge would enable him 
to take advantage of the cranberry harvest season to earn 
a subsistence for himself and them for the winter, he was 
pardoned October 6, 1879. 



Special Messages. 299 

No. 44. Catherine King. Convicted of assault in the 
First Bristol District Court, September 24, 1879, and sen- 
tenced to the Taunton jail for sixty days. Pardoned Octo- 
ber 13, lb79, upon a certificate from the judge that facts 
which had transpired since the trial had convinced him 
of her innocence. 

Is'o. 45. Thomas G. Curran. Crime, larceny. Con- 
victed in the Superior Court, Worcester County, February 
term, 1878, and sentenced to the house of correction for 
two years. Having served five-sixths of his term, he was 
pardoned October 20, 1879, on the verv earnest recommen- 
dation of the district attorney and the sheriff of Worcester 
County. 

No. 46. Cornelius Carroll. Crime, larceny. Con- 
victed June 2, 1879, in the Municipal Court, South Bos- 
ton, and sentenced to the house of correction for six 
months. The com})lainant was the boy's father, who, sub- 
sequently regretliug his course, and finding himself at the 
point of death, begged earnestly for bis son's release. In 
view of these circumstances, and upon the recommenda- 
tion of the judge, a pardon was granted October 20, 1879. 

No. 47. Charles P. Logan. Crime, larceny. Con- 
victed in the Superior Court, Middlesex County, Novem- 
ber, 1878, and sentenced to the house of correction for 
two years and six months. Pardoned November 17, 1879, 
upon a statement b}^ the distiict attorney, that but for an 
erroneous impression as to the boy's age, he would have 
been sent to a reformatory, and upon assurances that he 
would be sent to his mother in Florida, and placed under 
salutary influences. 

No. 48. John Walker. Crime, assault and battery. 
Convicted in the First District Court, Plymouth County, 
October 23, 1879, and sentenced to the house of correction 
for three months. Pardoned November 21, after serving- 
thirty days, upon a statement from the judge that that 
term would have been his sentence if the case had been 
better known to him. A pardon was recommended also 
by the county commissioners. 

No. 49. Jacob Melvin. Ciime, breaking and enter- 
ing. Convicted in the Superior Court, Suffolk County, 
June term, 1878, and sentenced to the state prison for 
three years. Pardoned November 21, 1879, on account of 
fatal sickness. 

No. 50. Joseph E. O'Connor. Crime, breaking and 
entering. Convicted in the Superior Court, Middlesex 
Couut}^ July 19, 1875, and sentenced to the state prison 



300 Special Messages. 

for seven years. O'Connor was of an honest and respec- 
table family, but while quite young contracted the habit 
of drinking, and through it fell into the company of some 
hard characters, by whom he was led to commit the crime. 
Upon the petition of many prominent citizens of Lowell, 
where the crime was committed, esjDecially that of the 
party whose store was broken into, in consideration of the 
convict's youth, of his previous good record, and of his 
having served four years and five months of his term, and 
upon evidence of reformation, and the assurance that he 
would be kept carefully under good influences hereafter, 
he was pardoned January 24, 1879. 

No. 51. Mary J. Burns. Crime, larceny. Convicted 
in the Superior Court, Suffolk County, June 10,1878, and 
sentenced to the reformatory prison for women for two 
years. Having become imbecile, and her removal to 
friends in England being promised, she was, upon the 
recommendation of the prison commissioners, pardoned 
January 6, 1880. 

[To the House of Representatives, January 29.] 

I have the honor herewith to present, for the considera- 
tion of the General Court, the annual report of the Adju- 
tant-General of the Commonwealth for the year ending 
December 31, 1879, made to my predecessor. 

[To the Senate, February 3.] 

I have the honor herewith to transmit, in compliance 
with the request of your honorable body contained in an 
order adopted on the 2d inst., a copy of the award of the 
arbitrators in the matter of the differences between the 
State and the Fitchburg Railroad Company relating to 
the contract or agreement concerning the operation of the 
Troy and Greenfield Railroad. 

I transmit also the detailed papers which were put into 
the case before the arbitrators by the parties (numbered 1 
to 26 inclusive) ; also papers (numbered 27 and 28) 
which were not put into the case, but are summaries since 
made up by the parties. 

[To the Senate, February 12.] 

I have the honor herewith to transmit, for the considera- 
tion of the General Court, the seventeenth annual report 
of the Massachusetts Agricultural College. 



Special Messages. 301 

[Tn tbe House of Representatives, February 25.] 

I have the honor herewith to transmit, for the consider- 
ation of the General Court, a communication from the 
Secretar}" of the Treasury of the United States, requesting 
the passage of an Act ceding to the United States title 
to and jurisdiction over a submarine site for a lighthouse 
on Borden's Flats, Mount Hope Bay, opposite Fall River, 
Mass. 

[To the House of Representatives, March 11.] 

I have the honor to acknowledge the receipt of the fol- 
lowing order, adopted by both branches of the General 
Court : — ■ 

Ordered^ That his Excellency the Governor be requested 
to furnish to the legislature any information he may have 
in relation to the freight traffic passing through the 
Hoosac Tunnel fiom the West, and w^hat the probabilities 
are that this traffic may be diverted from the Hoosac 
Tunnel to the Boston and Albany Railroad. 

I have no other information in regard to the matter 
than that obtained from the contract, dated February 3 
last, between the Boston and Albany Railroad and the 
New York Central and Hudson River Railroad, which has 
already been laid before the legislature ; and from Mr. 
G. Clinton Gardner, manager of the Troy and Greenfield 
Railroad and Hoosac Tunnel, who writes me, that, "being 
in New York City at the time of the inquiries as to the 
intention of the New Y^ork Central Railroad to withdraw 
their business from the Troy and Greenfield Railroad, I 
called upon Mr. Vanderbilt, President N. Y. C. R.R., and 
also Mr. Jewett, President N. Y., L. E. and W. Railway, 
and ascertained that there would be no immediate diver- 
sion of the freight traffic from the tunnel." 

[To the Senate and House of Representatives, March 15.] 
I announce to the General Court with great regret the 
creation of a vacancy in the board of State directors of 
the Boston and Albany Railroad by the death of David 
N. Shillings of Winchester, who was elected Februarj^ 
26, 1879, for the term of two years. 

[To the Senate and House of Representatives, March 19.] 
I have the honor herewith to present, for the considera- 
tion of the General Court, a copy of certain resolutions in 
relation to the northern boundary line of the State of 
Rhode Island, passed by the General Assembly of Rhode 
Island, and transmitted to me by the Governor of that 
State. 



302 Special Messages. 

I am notified, also, by the Governor of Rhode Island, 
that he lias, witli the advice and consent of the Senate, 
appointed as the commission provided for by said resolu- 
tions, Messrs. Francis B. Peckham, jun., of Newport, Robert 
Sherman of Rawtucket and William S. Haines of Prov- 
idence. 



[To the House of Representatives, April 2.] 

I have the honor herewith to transmit, for the consider- 
ation of the General Court, a copy of a communication 
from the Hon. William A. Courtena}- of Charleston, S.C., 
chairman of the committee of arrangements for the Cow- 
pens centennial celebration, proposing a plan for the co- 
operation of the thirteen original States in erecting a 
commemorative column on the battle-field. 

[To the Senate, April 13.] 
I have the honor herewith to transmit, for the informa- 
tion and use of the General Court, the annual report of 
the commissioner of the Mystic River Corporation. 

[To the Senate and House of Representatives, April 14.] 
I have the honor herewith to transmit, for the consider- 
ation of the General Court, tlie enclosed communication 
from the Executive of the State of Maine, suggesting the 
conveyance by this Commonwealth to that State of a 
certain reservation in Township No. 17, Range 7, for the 
purpose of enabling the State of Maine to give the settlers 
on said reservation a clear title to their lands. 



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a; 














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pi 


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CO 


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w 


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hJ 


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s 






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n 




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o 

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c 

w 


CO 

a 

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a 

a 

CO 

3 
C/5 


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H 

a 
pq 

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CO 

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3 

c3 


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4) 


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r 




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o 

m 


i 

H 


o 




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o 


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o 


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c 

CO 

s 

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CO 


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c 

CP 


o 




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xi. 
m 
3 

M 


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u 


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'3 



n3 

K 

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m 







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Ss 


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'd 


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a 


Cu 


r? 





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<o 


TS 


kJ 









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w 




o 


1^ 


i 








o 


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a 

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a 








^ 

S 


i^ 
S 






» ►_ 


h- 


h- 


rti 


■* 


CO 


05 


OS 


i^ 


1^ 


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1— 1 


1-H 


o 


CO 


i^ 


IC 






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t— ( 


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Change of Names. 



309 





















a 


















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d 


^ 




-2 






<v 














§ 


V 


^ 


-5 




> 
^ 


^ 




_; 


> 


o 


^ 


a 


U) 


01 

CO 


d 






<li 


<u 






a; 


<v 


<u 


i 


a> 




0) 


rg 






01 


^ 


a 


^ 


^ 


(^ 


a 


& 


n 


^ 


a 


^ 


^ 




M 


'3 


^ 


t^ 


o 


^ 


o 

1-5 


^ 


o 

CO 


^ 


o 


c 
1^ 


fa 


o 

03 


'A 


;^ 


(V 


o 


• 


• 


• 




• 


c 


• 


• 


• 


• 


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■ 


. 


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. 




ho 

C 


o 

to 








T3 
O 
O 


S 


o 

en 


CO 


• 


CO 

a 


^ 

^ 




c 

i 

Q 


c 
■'3 

o 
o 

o 


2 
§ 


03 

CO 


CO 

1 


3 

go 

'i-c 

X3 

s 


>> 

"a; 

pa 


C3 

-C 

<u 

*-l3 

CC 

pq 


O 

.2 
'S 


a; 

e 

a 

0) 
(D 

u 

fa 


c 

1— 1 

aj 
o 
C 

Ol 

fa 


Ol 

-g 
pLt 
CO 

1 

"3 


d 

c« 

< 
0) 


o 

'3 
P5 




bp 
S 

a 

*CO 

a 
fa 
a; 


cS 

P." 

a 
fa 


C 

a 
<1 


O 


'T3 




s 




a 
a 


o 




a) 
fa 


T3 
a; 


o 
a; 
O 




a; 


c« 




, 


• 


• 


• 


• 


• 




^ 


^ 


• 


, 


• 


* 

01 


• 


• 


^ 


♦ 


* 


* 


• 


• 


• 


• 




• 


• 


• 




• 


3 


• 


• 


b 


• 


o 






* 


* 


a 
S 




* 




* 


* 


* 


4J 

CO 

c3 




* 


w 

a 


* 

a 


'^ 


c 




03 


bD 


-^ 


* 


G 




^ 


sti 


o 

J3 


^ 




r^ 


c3 






* 




rt 
^ 




6» 


5 


* 

a) 


a 

aj 


2 




* 


a 
fa 


CO 

fa 


fa 

a 


3 

c 


'-3 




a 

fcJD 

o 


.i4 
o 

0) 


CO 

a) 

a 


'3 

P5 

c3 

;-< 
o 


a 
pa 
aj 
C 


fa 


CO 

CO 

Is 


aj 

G 
c3 


<< 

o 

a; 


'3 

P^ 


fa 

u 


a) 




<;• 


o 


;2; 


^ 


O 


fa 


<J 


fa 


< 


W 


pq 


^ 


o 


i^ 


< 


o 


S 


i- 


>+< 


00 


00 


■* 


lO 


■* 


■5f< 


CO 


lO 


iH 


CO 


CJ 


O 


«D 


eo 


O 




I— ( 


c^ 


C4 




(M 


,JS 




»— 1 


Ol 






OJ 






i-i 


(M 


|-?i 












1 








a. 






1^ 









310 



Change of Names. 







,£3 






























o 






bf) 


a; 


S 


<a3 


a3 


t3 


a 


0) 

bx) 


br 






• 






T} 


■n 


irH 


• p-H 


-!-:> 


TS 


-o 


cS 


T^ 


O 


o 


li) 


'« 


t-, 


;h 


c3 




t 


s 


.s 

*J2 






." 

*!-i 


^ 






^ 


&: 


a 


S 


c3 


f. 


H 


<o 


CiH 


s 


g 




o 


^ 


o 


O 

1-:) 


OS 




^ 


eg 


o 
CO 


o 


K 




c3 


s 



c 

1 

H 



o 

><! 

OS 

P 

Q 



00 


^ 




ho 


O) 




u 

n 


^ 


Ifcl 


5 







« 



M 



Cu 



•xi <5 



he Ph 
8 ^ 

&4 a> 







'So 


CO 

.is: 


c4 


• 


3 




>> 


cc 


•-5 
01 


1-4 
pq 


^ 


>~, 








c3 


-1-3 


cS 



a) TO 

^ E = a^ o ^ 



rt 



s 

o 

he 

5 



o 

^ I .-^ 



m 



^O^^^K^;^^ 



^3 '^ 







x> 






p3 






H 




^ 


o 






c 


^ 


^ 


^ 


etf 


hr^ 


fl 


QJ 


^-H 


0) 


O) 


«e 


Ol 


c3 


S 


O 


cS 

1—1 














0-1 


0) 


S 







^ ;^ ^^ 



-^ s fa 



* 



"S fcJD 



S 



* 
hb 

Q 



* 



o 



bjO ^ 



o 



cc •'-' ••-c 



^ ^ rj 



.•=*':: n 



5^ O ^ S>- i>-H ^ »— 



< ^ 






c3 :=< 



Z-. •< '^ ^ 

'-• ^ t-,^ ''Ti 



1-3 ^ 



2 * 

e Ts 

CO c 






o ^ 
bD 



S S * 



- - O 



^ S Pi 






rr^ !--( "^ 



■>! ^3 1^ fa 






^ K ^ 



Change of Names. 



311 





ri 








<o 














6 






ri 


s 


ce 




bo 
^3 




2 










^ 









CS 


o 


1 ", 




* 


en 


,_H 


* 


^ 


^ 


-^ 


^ 




Q) 


^ 


;-. 




^ 


<i) 


0) 


CD 


OJ 


o 


ai 


^ 


(U 


t/J 


-(J 


n1 




& 


s 


&: 


-^ 


^ 


& 


^ 


^ 


d 


^ 


^ 


^ 


p: 


« 


o 


cS 


O 

1-3 


^ 


o 


o 


o 
1-:; 


o 
h-5 


o 


k:] 


• 


• 


• 


• 


• 


• 


• 


• 


• 


• 




• 


ri<4 


• 






















































cS 




• 


• 


* 




• 


'rt 


_H 


o 










O 


'H 


0) 

tn 

CD 


'3 


S 

o 

H 


-1-3 

H 




S 


CS 


02 

!-. 
(D 

s 

w 

c 

o 


03 


O 


1 

3 


C 
t? 


c 

DO 


o 

S 

P5 




> 


Hi 


cn 


.2 


tn 
cS 

;?; 

00 


c 

CD 


73 
cS 


o 

S 


s 

a) 


<1> 


p 


<D 

1-1 

1= 






a) 








Tl 










CS 


n1 




CS 

o 


-4-3 


c3 

o 


4 


cS 


CS 


O 






i 

•-5 


? 




< 


• 


. 


• 


. 


• 


* 


• 


• 


* 


• 


• 


• 


• 


, 


^ 


^ 


^ 


, 




•ri 




, 






* 


, 
















% 






O) 

o 


* 


fl 

s 


O 




o 


* 


"f- 




* 


* 


0) 


« 




ki 






^ 


a 




V 
o 

ft, 


* 

c 
o 

CO 

c3 




2 


CO 

tp 


a; 


* 

m 

cS 


Q 

CO 


i 
^ 


c 

B 




_cS 

C 


CJ 

o 


.2 
'c 
c 
c; 




CO 


CO 


CS 
•-5 


CO 
0) 


1— 1 

cS 


cS 

O 

T3 
cS 


'a3 
Si 
cS 


CO 

a> 
u 

cS 


o 

cS 


0) 

bo 

o 
<o 
O 




1-3 


1^ 


T« 


-f 


en 


• 


CO 


o 


CI 


CS 


CO 


CO 


CO 


05 


CO 






I— 1 


CI 


I— t 

o 




CI 


«3 




CI 


CJ 


1^ 


<— 1 

to 

3 


CJ 

a; 



o 

O 

P5 

H 

w 
o 

p^ 
o 



73 


bo 


a> 


■73 


ifl 




'^ 


Xi 


o 


u 


p 


s 






P3 


m 


00 


• 


^ 




C 




t< 




;-< 




cS 

pq 


o 


c 


cS 


>-> 


w 


OJ 




> 


Fh 






0) 


<u 


o 


a 


o1 


cS 




* 


• 


73 


* 


H 


o 


^ 




t>J 


oS 


cS 


W 


H 






a> 


a> 


o 


a 


<3 


cS 
1-5 


!> 


1—1 




CI 


e 




cS 




1-5 





312 



Change of Names. 



X o 



•-^ 3 



>> ^ -rJ 
'T3 



4) 



S 3 
J5 -^ 



M &. .1^ .t^ 



o ^ 

>. ^ ^ 

Oj p., rj 

^ S 3 



'^'S 

3 W 



^ 
^ 



z: -^ o 



ccc;>a?:pt:)PNP^PHwQ^oJ2;i^PH 



bo 



o 



a • r. P3 

t^ u .t: .3 oj tp a ':3 -d 



:^ <3 



^ ^ w 



C ;^ OJ 



^ S p 



to 1- 
O cS 
1-5 M3 






r^ S 









Wi :S 



w2 * 



0) M Ti U 



W 



Pi CO 



-t^ r-H q:* s ;-. 

tiq o Ph <5 pq 



.2 O 

'33 r/ 
Hi £ 



jT 1 1 T ■ 



•<*i Tti T^ 00 m 00 



P^ 



irsioioioioocO'* 



is ^ 






Change of Names. 



313 



>^ 






s 


^3 

a 


CO 




6 






c 
o 

M 

id 


35 


• 




a 

o 


a> 


rid 
C 


0) 


n 




o 


n 




.^ 


-Q 


P^ 




J^ 


ci 
O 

Q 

e 

c 
o 


-s 


'■i 

CO 


<1 
t-i 

be 

w 

CO 

_a 
O 


H 
o 

'•+3 


pq 

CO 

"3 

O 
< 


tn 
Ph 


E 

cS 
m 

CO 


• 


be 


• 


• 


• 


• 


• 




a 






ji( 


* 








* 




o 


u 




• 




in 


* 


CD 


o 


• 


* 

B 


-£5 
O 


O 

.2 


'3 

CO 

o 


be 

3 

w 


o 

W 


* 

to 

a 

o 

a 


c 


<u 


<u 


h^l 


k-J 


^ 


CO 


?^ 


-IJ 


rt 


c 


a 
ci 
t-i 




^ 


J3 




•n 


^ 




hJ 


O 


>— I 


< 


tM 


^ 




t-H 


lO 


(71 


t- 


CO 


o 


CO 




I— ( 






t-( 


»— t 


<M 


t>l 






■ti 


> 


6 




1 




V 


w 


o 


V 




•-» 




03 


O 


li^ 


Q 









fl 


=! 














a 








^ 


. 






1=1 






.R 








P, 


^ 


rS 






o 






Ph 






CO 


1 


CO 

a 


'% 


2 


>, 


bo 

a 


S2 




i 






S 


3 

o 


^ 






_05 


a 


05 
< 


05 

c3 










• 


• 


• 


• 


Sh 


• 


• 


• 


















05 
















c 




1 




^ 












t>H 




o 
to 






05 


Cii 












H 




\f 


CI 


+3 

c3 


^ 


^ 


• 


• 


• 






;2i 




P5 


CO 


Ph 


o 


T3 


1 — ] 


S 








o 
P5 

1— 1 

w 

CO 




05 


H 


.S 

15 

T3 


"05 




03 

c 

c3 

n 


pq 

05 
to 


CO 
05 

a 


^ 




a 

a 


c 


"a; 
P5 

c 
1— I 


< 

"3 

O 

05 
»-5 


Ph 

05 


a 

c3 


.2 

05 


13 
O 
1-1 
c« 


O 

K 

05 
< 


o 






. 


. 


. 


. 




. 


. 








PL, 
























^ 




, 


. 


. 
















<1 
























M 




* 
o 

CO 

T3 


* 


* 

s 

CO 


* 


• 


• 


* 

1 

o 

03 


• 








* 


3 
4) 


O 

H 




CO 

"05 




PI 


P3 

-k9 


CO 

u 

05 


cl 






o 

n3 


bo 

W 


c« 

Q 
a 

a 


05 


Ph 

05 


* 

bp 


Q 
.2 

T3 


_05 


a 

05 

P3 






a 


c 
a; 


05 

Hi 


•-5 


< 


o 

P=H 


-73 
05 


i^H 


< 








'^ 


00 


-C3 


r-( 


CD 


(N 


1> 


in 


a 


t- 












< 




05 
CO 


O 

o 


> 

o 


a, 

05 

CO 


Q i 





40 



314 



Change of Names. 









c 


ec3 








c 


bn 


2 


2 


c 
o 


o 

o 


.9 
C/3 


U 


+= 






-u> 


CO 


a; 


o 







>> 



^S ^ ^ 

W ^ o 



c 








tC «3 


c 








bJO be 


o 


T-l 






G C 


o 




Tf 


Tl 


'C 'C 




bO 






&I &1 


n 


« 


td 


CO GC 


a 




■4-i 


-i-i 






CO 


tc 


M CO 






fl) 


(1) 


Oj <o 


> 


C/3 


^ 


p: 


^ ^ 



cd 



Pn 



H 
O 

o 

\^ 
w 
p 

Ah 

w 



_o iu 



;- H^ ^ 






o 

t>5 



bX5 O 
^ 5 



P OJ cc .^ ^ 



^2 3 « 
.1^ Q '■ 



>> .2 >> bD ti 



O 






CO ^ ;^ o <i 



CU 






fcc 3 ^ 



be .S' 



£ =3 
-^ ^ =^ 
C 



a t> 



o 



" _G -J2 



S ^ 



*> r5 



« j; o) f» „ 






w i^ 



.2 aJ i: 

S c^ ^ 



O 5 C TO f; 

W O W S O 



* 






♦ 






CU .C 



cc 






;=! be .2 



tM 



^ - >^ 
be O ^ 

^ ^ p 






>-. S ^ 



o 



a 

'^ s — 

M iJ !jq 






ce ci -^ 

S ^ d 












bij 



-U -G ^ 'ril T-l 



W Q 



■5 ^ 



oj •: o) :=; ;_ 



P <1 ffl 



O tM S C5 



ce 



; OO CO rfH C5 cs 



05 CO CO 



lO (M <M <M (M (M CO 






;2; P 



Change of Names. 



315 











lA 




a 












4) 


fl) 


•73 


^ 








ni 






3 
bo 


& 




^ 


<ii 


2 


fl) 


bo 


'^ 




c 


O 


O 

12; 




c 

o 


12; 


4) 


S 
O 


a 

o 

2 


4> 

eg 
<3 






. 


• 


• 


. 


. 


. 


fH 


. 


• 










> 


• 


• 




aj 


• 




















a 




iH 










^ 








Tl 




41 










o 








*- 




fl 


;h 




• 


'h^ 


3 


• 


• 


^ 


r'l 


• 


-E 


H 

c 


g 
3 


s 


& 

O 


4-1 

O 


1 

fa 


c 

fa 




O 

fa 


(3 

a 

fcJO 

o 


4) 

2 


O 


HH 




ci 


fa 


o 


1-} 


<5 


"t^ 


^ 


i< 


1-3 


.2 

1 


■73 






o 

fa 


0) 

fa 


_4) 


to 

fa 


.2 

CO 
4> 

P3 


3 
l-I 


W 






















^ 






















-< 








* 

en 














P5 


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THE 

CIVIL GOVERNMENT 

OF THE 

Cnmmanfocaltlj of Ulassatl^usctts, 

AND OFFICERS IMMEDIATELY CONNECTED THEREWITH, 
FOR THE POLITICAL YEAR 

1880. 



41 



EXECUTIVE DEPARTMENT. 



HIS EXCELLENCY 

JOHN D. LONG, 

Governor. 
WILLIAM M. OLIN Private Secretary . 



HIS HONOB 

BYRON WESTON, 

Lieutenant-Governor. 



COUNCIL — (By Districts). 

I. —JOHN S. BRAYTON Fall River. 

II.— WILLIAM O. TAYLOR Boston. 

III. — GEORGE P. CARTER Cambridge. 

IV. — JOHN P. SPAULDING . . . . . . Boston. 

v.— JOHN M. RAYMOND .....'. Salem. 

VI. — GEORGE HEYWOOD Concord. 

VII.— RODNEY WALLACE Fitcliliurg. 

VIII. —OSCAR EDWARDS Northampton. 



HENRY B. PEIRCE, 

Secretary of the Commonwealth. 

HENRY J. COOLIDGE, 1st Clerk. ISAAC H. EDGETT, 2d Clerk. 

GEORGE G. SPEAR, 3t:.,M Clerk. 

CHARLES ENDICOTT, 

Treasurer and Receiver-General. 
DANIEL H. ROGERS, 1st Clerk. JOHN Q. ADAMS, 2d Clerk. 

CHARLES R. LADD, 

Auditor op Accounts. 
WILLIAIM D. HAWLEY, 1st Clerk. EDWARD S. DAVIS, 2d Clerk. 

GEORGE MARSTON, 

Attorney-General. 
FREDERIC H. GILLETT .... Assistant Attorney-General. 



LEGISLATIVE DEPAETMENT. 



GENERAL COURT: 

Arranged in Accordance with the District Revision of 1876. 



se:nate. 



Preside?it — ROBERT R. BISHOP. 



District. 


Name of Senator. 


Residence. 


First Suffolk . 


Ebeu Hutchinson 


Chelsea. 


Second " 


William T. Van Nostraud,* 


Boston. 


Third " 


William Taylor 






Boston. 


Fourth " 


George G. Crocker 






Boston. 


Fifth " 


Alonzo Warren . 






Boston. 


Sixth " 


Calvin M. Winch 






Boston. 


Seventh " 


Henry W. Fuller 






Boston. 


Eighth " 


Charles J. Brooks 






Boston. 


First Essex 


Harmon Hall . 






Saugus. 


Second " 


Stephen F. Blaney 






Peabody. 


Third " 


Jonas H. French 






Gloucester. 


Foiu-th " 


Warren Currier 






Newbuiyport. 


Fifth " 


Stephen Osgood 






Georgetown. 


Sixth " 


Andrew C. Stone 






Lawrence. 


First Middlesex 


Elisha S. Converse 






Maiden. 


Second " 


Robert R. Bishop 






Newton. 


Third " 


Asa P. Morse . 






Cambridge. 



* Qualified and took his seat Feb. 19, in place of Eugene L. Norton, deceased Jan. 21. 



324 



Senate. 



District. 


Kame of Senator. 


Residence. 


Fourth Middlesex . 


Samuel N. Aldrich . 


Marlborough. 


Fifth 


Anson D. Fessenden 


Townsend. 


Sixth " . 


Daniel RusseU . 


Melrose. 


Seventh " . 


Charles S. Lilley 


Lowell. 


First Worcester 


Henry C. Rice . 


Worcester. 


Second " 


William Abbott 


Douglas. 


Third " . 


James W. Stockwell 


Sutton. 


Fourth " . 


Alpheus Harding 


Athol. 


Fifth " . 


Charles T. Crocker . 


Fitchburg. 


First Hampden 


Marcus P. Knowlton 


Springfield. 


Second " 


Emerson Gaylord 


Chicopee. 


Hampshire 


John L. Otis 


Northampton. 


Franklin . 


Joseph H. Root 


Montague. 


North Berkshire 


James W. Dwyer 


North Adams. 


South " 


Elizur Smith 


Lee. 


First Norfolk . 


Nathaniel Wales 


Stoughton. 


Second " 


James P. Ray . 


Franklin. 


First Plymouth 


Ebenezer T. Fogg 


South Scituate. 


Second " 


Starkes Whiton 


Hingham. 


First Bristol . 


Oliver Ames 


Easton. 


Second " 


Thomas Webb . 


Fall River. 


Third " 


George B. Richmond 


New Bedford. 


Cape 


Samuel Snow . 


Barnstable, 



STEPHEN N. GIFFORD 
EDMUND DOWSE . 
O. F. MITCHELL . 



Clerk. 

Chaplain. 

Sergeant-at-Anns. 



House of Representatives. 



325 



HOUSE OF EEPEESE^TATIYES. 



Speaker — CHARLES J. NOYES. 





COUNTY 


OF SUFFOLK. 




District. 


Ward. 


Name of Representative. 


Kesidence. 


1st, 


Boston, Ward 1 


•1 


George T. Sampson . 
Edwin R. Webster . 


Boston. 
Boston. 


2d, 


Boston, Ward 2 


•] 


William A. Foss 
James J. Doherty . 


Boston. 
Boston. 


3d, 


Boston, Ward 3 


■\ 


Jeremiah J. Crowley, 
George M. Starbird . 


Boston. 
Boston. 


4th, 


Boston, Ward 4 




Augustus W. Stover, 


Boston. 


5th, 


Boston, Ward 5 


■\ 


Jolm H. Dee . 
John H. Sherburne . 


Boston. 
Boston. 


6th, 


Boston, Ward 6 


■\ 


James L. Quigley . 
Patrick F. Mahoney, 


Boston. 
Boston. 


7th, 


Boston, Ward 7 




Richard Roach 
Peter Cannon . 


Boston. 
Boston. 


8th, 


Boston, Ward 8 


.5 


Charles W. Smith . 
Patrick F.McGaragle, 


Bo.ston. 
Boston . 


9th, 


Boston, Ward 9 


■\ 


John F. Andrew 
James M. Bugbee . 


Boston. 
Boston. 


10th, 


Boston, Ward 10 


'1 


Arthur J. C. Sowdon, 
Increase E. Noyes . 


Boston. 
Boston. 


11th, 


Boston, Ward 11 


•] 


Hamilton A. Hill . 
John G. Webster 


Boston. 
Boston. 


12th, 


Boston, Ward 12 


< 

•1 


John D. JNIulchinock, 
Jeremiah H.Mullane, 


Boston. 
Boston. 


13th, 


Boston, Ward 13 


■1 


James A.McGeough, 
James T. Mahony . 


Boston. 
Boston. 


Uth, 


Boston, Ward 14 


.5 
i 


Charles J. Noyes 
George H. Bond 


Boston. 
Boston. 



326 



House of Represent ati yes. 

COUNTY OF SUFFOLK — Concluded. 



15th, 

16th, 

17th, 

18th, 

19th, 

20th, 

21st, 
22d, 
23d, 

24th, 
25th, 

26th, 



1st, 
2d, 

3d, 



Town or Ward. 



Boston, Ward 15 

Boston, Ward 16 

Boston, Ward 17 

Boston, Ward 18 

Boston, Ward 19 

Boston, Ward 20 

Boston, Ward 21 
Boston, Ward 22 
Boston, Ward 23 

Boston, Ward 24 

Boston, Ward 25 

( Chelsea . 
■^ Revere . 
( Winthrop 



Name of Representative. 



George W. Bail 
Frank A. Clapp 

Joseph H. O'Neil . 
Isaac Rosnosky 

John Q. A. Brackett, 
Zenas E. Smith 

Lewis Coleman 
Charles H. Allen . . 

John Joyce 

James H. Nugent . 

Horace T. Rockwell, 
John F. Dever* 

Arthur W. Tufts . 
William Blanchard . 

William H. Carberry, 

Robert M. Morse, Jr. 
Abraham O. Bigelow, 

Martin L. Bradford . 
George L. Bmt 

George B. Livermore, 

Elbridge C. DonneU, 
Charles H. Ferson . 
Thomas B. Jones 



Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 

Chelsea. 
Chelsea. 
Chelsea. 



COUNTY OF ESSEX. 



( Rockport . . 7 
l Gloucester, Ward 7, )" 

( Gloucester, Wards 1, \ 
I 2,3,4,5,6. .1 

f Gloucester, Ward 8, ^ 
j Essex . . I 

1 Manchester 
[ Hamilton 



William H. Sargent, 

Stephen Rich . 
Robert Tarr 



William A. Brown 



Gloucester. 

Gloucester. 
Gloucester. 



Hamilton. 



* No choice at November election ; elected Feb. 10, 1880. 



House of E-epresentatives, 

COUNTY OF ESSEX— Continued. 



327 



Disti-ict. 


Town or Ward. 


Name of Representative. 


Residence. 


4th, 


( Weiiham 
"1 Dauvers . 


. } 


Henry Hobbs . 


Wenham. 


5th, 


Beverly . 




John I. Baker . 


Beverly. 


6th, 


'■ Salem, Wards 1, 
: 5. 


^'1 

•1 


George D. Glover 
Daniel B. Lord 


Salem. 
Salem. 


7th, 


5 Salem, Wards 3, 
1 6. . . 


':\ 


Nathaniel A. Horton, 
Rufus B. GifEord . 


Salem. 
Salem. 


8th, 


( Marblehead . 
( Swampscott . 


:i 


William B. Brown . 
Thomas Main . 


Marblehead. 
Marblehead. 


9th, 


Lynn, Ward 3 




Ebenezer Beckford . 


Lynn. 


10th, 


(Lynn.Wardsl, 2 

^ 5, 7 . . 
(Nahant . 


•( 


C.A.Wentworth, 2d, 
Bryan Harding 
Henry Cabot Lodge, 


Lynn. 
Lynn. 
Nahant. 


11th, 


Lynn, Ward 6 




Samuel B. Valpey . 


Lynn. 


12th, 


Peabody . 




Edward Trask . 


Peabody. 


13th, 


f Saugus . 
j Lyunfield 
] Middleton 
LTopsfield 


•1 


J. Allston Newhall . 


Saugus. 


14th, 


( Andover . 

I North Andover 


:1 


John Cornell . 


Andover. 


15th, 


( Boxf ord . 
■< Rowley . 
(Ipswich . 


;l 


William H. Tozer . 


Ipswich. 


16th, 


f Newbury . . ) 
\ Newbm-yport, W'ds > 
i 1,2,3,4,5,6 .) 


Eben F. Stone 
Amos CofBn 


Newburyport. 
Newburyport. 


17th, 


( Georgetown . 
} Groveland 
( Bradford 


:! 


Andrew J. Huntress, 


Groveland. 


18th, 


("West Newbury 
J Salisbury 
1 Amesbury 
[ Merrimac 


•1 

1 

•J 


Elias P. Collins 
William Smeath 


Salisbury. 
Amesbury. 



328 



House of Representatives. 

COUNTY OF ESSEX — Concluded. 



District. 


Town or Ward. 


Name of Representative. 


Residence. 


19th, 


(Haverhill, Wards 1,) 
^ 2,3,4,5,6. A 
( Methuen . . . ) 


Levi Taylor 
Edwin Gage 
Daniel T. Morrison . 


Haverhill. 
Haverhill. 
Methuen. 


20th, 


( Lawrence, AVards 1 , ) 
1 2,3 . . .1 


Henry P. Danforth . 
Joseph J. Nichols . 


Lawrence. 
Lawrence. 


21st, 


( Lawrence, Wards 4, ) 
1 5,6 . . .1 


Edward P. Poor 
Daniel F. Dolan 


Lawrence. 
Lawrence. 



COUNTY OF MIDDLESEX. 



1st, 


j Cambridge, 
1 1, 5 . 


Waids ) 


George W. Park 
Thos. W. Higginson, 


Cambridge. 
Cambridge. 


2d, 


j Cambridge, 
i 2,4 . 


Wards I 

■ -s 


A. Carter Webber . 
James H. Sparrow . 
Henry J. Wells 


Cambridge. 
Cambridge. 
Cambridge. 


3d, 


Cambridge, 


Waid 3, 


John McSorley 


Cambridge. 


4th, 


Soraerville, 


W 


ard 1, 


John Haskell Butler, 


Somerville. 


5th, 


Somerville, 


W 


ard 2, 


Robert L. Spear 


Somerville. 


6th, 


( Somerville, 
1 3,4 . 


A 


Yards ) 


Person Davis . 


Somerville. 


7th, 


Medford . 






Daniel W. Lawrence, 


Medford. 


8th, 


( Maiden . 
I Everett . 




■■} 


James P. Magee 
George S. Marshall . 


Maiden. 
Everett. 


9th, 


Melrose . 






Joseph D. Wilde . 


Melrose. 


10th, 


Stoneham 






John F. Berry . 


Stoneham. 


11th, 


Wakefield 






Lucius Beebe . 


Wakefield. 


12th, 


f Reading . 

■} North Reading 

( Wilmington 


' i 


George L. Flint 


No. Reading. 


18th, 


Woburn . 






Edward D. flayden . 


Woburn. 


14th, 


( Arlington 
I Winchester 




■\ 


William G- Peck . 


Arlington. 



House of Representatives. 

COUNTY OF MIDDLESEX — Continued. 



329 



Town or Ward. 



Name of Representative. Kesidence 



5 Wa 
I Beh 



atertown 

linont . 
I 
\ Newton, Wards 1, 2 
I 3,4,5,6,7. 

Waltham 

f Lexington 
J Burlington 
) Bedford . 
l_ Billerica . 

f Tewksbury 
j Clielmsford 
j Tyugsborough 
[ Dracut . 

Lowell, Ward 1 

Lowell, Ward 2 

Lowell, Ward 3 

Lowell, AVard 4 

Lowell, Ward 5 

Lowell, Ward 6 



f Concord . 
j Acton 
J Carlisle . 
1^ Lincoln . 

C Weston . 
j Wayland 
] Sudbury . 
1^ Maynard 

Natick . 

j Holliston 
I Sherborn 

j Ilopkinton 
I Asliland . 

Fi'amingham 



Wm. IL Ingraham 

Geoi-ge D. Eldridge 
Chas. Robinson, Jr. 

Nathan Warren 



Augustus E. Scott . 

John W. Peabody . 

John O'Donnell 
LeavittR. J.Varnum, 
Simon Kelley . 
James W. Bennett . 
Robert Goulding 
John J. Pickman 

Sidney A. Bull 

Charles F. Gerry 

Francis Bigelow 
George B. Fiske 

Silas F. Thayer 
Georjre B. Brown 



Watertown. 

Newton. 
Newton. 

Waltham. 



Lexington. 

Dracut. 

Lowell. 
Lowell. 
Lowell. 
Lowell. 
Lowell. 
Lowell. 

Carlisle. 

Sudbury. 

Natick. 
Holliston. 

Ashland. 
Framinjjham. 



42 



330 



House of Representatives. 
COUNTY OF MIDDLESEX — Concluded. 



32d, 
33d, 

34th, 

35th, 



Marlborough 

p Hudson . 
J Stow 
} Boxborough 
t Littleton 

rWestford 
J Groton . 
) Dunstable 
L Pepperell 

r Ayer 
J Shirley . 
J Townsend 
[^ Ashby 



Name of Kepresentative. 



James W. McDonald, 

I 
John W. Adams 



Dexter Butterfield . 



Norman C. Munson . 



Marlborough, 
Littleton. 

Dunstable. 

Shirley. 



COUNTY OF WORCESTER. 



1st, 

2d, 

3d, 
4th, 

5th, 

6th, 
7th, 



5 Blackstone 
I Uxbridge 

(Mendon . 

■^Milford . 
( Upton 

< Northbridge 
I Grafton . 

j Westborough . 
I Southborough 

f Clinton . 
I Berlin 
I Bolton . 
^ Sterling . 

Lancaster 

Harvard . 
_ Limenburg 

Fitchburg 

JWinchendon 
Ashburnham 
Gardner . 
1 Westminster 
1 Princeton 



Charles E. Seagrave, 



Isaac N. Crosby 
Benj. A. Jourdan 



Henry F. Wing 
Leander W. Newton, 



Daniel B. Ingalls 
Lewis L. Carter 



Joseph A. Tufts 
Eli CuUey 



George W. Eddy 
Edwin J. Gushing: 



Uxbridge. 

Milford. 

Upton. 

Grafton. 
Southborough. 



Chnton. 
Berlin. 



Fitchburg. 
Fitchburg. 



Ashburnham. 
Gardner. 



House of Representatives. 

COUNTY OF WORCESTER — Continued. 



331 



Town or Ward . 



< Athol . 
I Royalstou 

f Petersham 
J Phillipston 
j Templeton 
I. Hubbardston 

("Dana 
I Hardwick 
^ Barre 

Oakham . 

New Braintree 

f Rutland . 

J Holden . 
j Paxton . 
I. Leicester 



fWestBrookfield 

Warren . 

Brookfield 

North Brookfield 
_ Stm'bridge 

f Spencer . 
J Charlton. 
1 Southbridge . 
[Oxford . 

( Douglas . 
"I Webster . 
{Dudley . 

( Auburn . 
- Millbury 
( Sutton . 

f Shrewsbury 
j Northborough . 
j Boylston. 
1^ West Boylston 

Leominster 

Worcester, Ward 1 

Worcester, Ward 2 

Worcester, Ward 3 



Name of Kepreseiitative. 



Russell S. Horton 



James A. Carruth 



Thomas P. Root 



Lewis Bigelow 



George W. Johnson 
George N. Bacon 



John W. Bigelowj 
John M. Cochran 



William W. Brown . 
George W. Rice 

Henry H. Brigham . 

D wight B. Look 
Thomas J. Hastings, 
Martin V. B. Jefferson, 
Eugene M. Moriarty, 



Athol. 



Phillipston. 



Barre. 



Paxton. 



Brookfield. 
Sturbridge. 



Spencer. 
Southbridge. 



Douglas. 
Sutton. 

Boylston. 

Leominstei*. 
Worcester. 
Worcester. 
Worcester. 



332 



House of Representatives. 

COUNTY OF WORCESTER— Concluded. 



District. 


Town or Ward. 


Name of Representative. 


Kesidence. 


21st, 


Worcester, Ward 4 . 


Francis Plunkett 


Worcester. 


22d, 


Worcester, AVard 5 . 


John R. Thayer 


Worcester. 


23d, 


Worcester, Ward 6 . 


Joseph H. Walker . 


Worcester. 


24th, 


Worcester, Ward 7 . 


Calvin L. Hartshorn, 


Worcester. 


25th, 


Worcester, Ward 8 . 


J. Marcus Rice 


Worcester. 



1st, 



2d, 



3d, 



4th, 



5th, 



1st, 



COUNTY OF HAMPSHIRE. 



( Easthampton 
< Northampton 
( Southampton 

fHadley . 
I Hatfield . 
j \\'esthampton 
1^ Williamsburg 

f Chesterfield 
j Cummington 
I Goshen . 
■{ Huntington 
Middlefield 
I Plainfield 
[. Worthington 

f Amherst . 
j Pelham . 
j Prescott . 
1^ South Hadley 

f Belchertown 
I Enfield . 
^ Gran by . 
I Greenwich 
l_ AVare 



William E. Topliff 
John F. Warner 



Lewis H. Warner . 



Edward Pease 



Chas. O. Parmenter 



Easthampton. 
Northampton. 



Williamsburg. 



Huntinjrton. 



Pelham. 



Stephen P. Bailey . Greenwich 



COUNTY OF HAMPDEN. 



fMonson . 
j Brimfield 
1 Holland . 
L Wales . 



John C. Burley 



Wales. 



House of Representatives. 

COUNTY OF HAMPDEN — Concluded. 



333 



2d, 

3d, 

4th, 

5th, 

6th, 

7th, 
8th, 
9th, 

10th, 
11th, 



Town or Ward. 



f Palmer . 
I Wilbraham 
I Hampden 
[ Ludlow . 

Chicopee 



:j 



5 Springfield, Wards ) 
1 1,2 . . .| 

j Springfield, Wards ) 
1 3,6 . . .| 

i Springfield, Wards ) 
4,7 . . .[ 
Lougmeadow . . ) 

j Springfield, Wards > 
1 5,8 . . .{ 

(Holyoke, Wards 1,7 
1 2,3,4, 5 . .\ 

( Holyoke, Wards 6, 7, ) 
I West Springfield . ) 



rWestfield 
■} Agawam 
( Montgomery 

f Southwick 
I Granville 
J Tolland . 
] Blandford 
I Chester . 
[ Russell . 



Name of Representative. 



Joseph F. Holbrook , 



Dwight L. Shaw 

Hinsdale Smith 
Jona. E. Shipman 

Edwin D. Metcalf 



Henry M. Phillips 



C. C. Merritt 



Michael J. Teahan 



John Delaney 



Merritt Van Deusen, 
J. Henry Churchill . 



Samuel A. Bartholomew . 



Palmer. 

Chicopee. 

Springfield. 
Springfield. 

Springfield. 

Springfield. 

Springfield- 

Holyoke. 

Holyoke. 

Westfield. 
Agawam. 

Blandford. 



COUNTY OF FRANKLIN. 



1st, 



f Erving . 
J Warwick 
I Orange . 
l^New Salem 



William H. Gale 



Warwick. 



334 



House of Representatives. 

COUNTY OF FRANKLIN — Concluded. 



2d, 



3d, 



4th, 



5th, 



6th, 



'' Montague 
Sunderland 
Levevett . 
Shutesbury 

. Wendell . 

i Greenville 
Gill 
Shelburne 

( Deerfield 
■< Conway . 
( Whately. 

fNorthfield 
I Bernardston 
■{ Leyden . 
I Colrain . 
L Heath . 

rAshfield . 
I Buckland 
! Charlemont 



\ Hawley 

Rowe 
[ Monroe 



Name of Representative. 



George A. Beriy 



Samuel 1). Bardwell, 



Chester K. Waits 



Hugh Maxwell 



Clinton H. Dodsfe 



Shutesbury. 



Shelburne. 



Whately. 



Heath. 



Hawley. 



COUNTY OF BERKSHIRE. 



1st, 



2d, 



3d, 



4th, 



f Hancock . 
Lanesborough 
New Ashford 
Williamstown 
Clarksburg 

( Adams . 
I North Adams 

j Pittsfield 
( Dalton 

r Florida 

Savoy 

Cheshire . 
- Windsor . 

Washington 

Peru 

Hinsdale 



Keyes Danforth 



Horace M. Holmes . 
S. Proctor Thayer * . 

Sam. W. Bowerman, 
Edward D. G. Jones, 



William C. Warren 



Williamstown. 



Adams. 
North Adams. 

Pittsfield. 
Pittsfield. 



Windsor. 



* Resigned April 24. 



House of Representatives. 

COUNTY OF BERKSHIRE — Concluded. 



335 



5th, 



6th, 



7th, 



8th, 



r Becket . 
J Lee 
] Otis 
1^ Tyringham 



f Richmond 
Lenox 

Stockbridge . 
l^West Stockbridge 



fAlford . 

Egremont 

Great Barrington 
1^ Monterey 



f Mt. Washington 
New IMarlborough 
Sandisfield 

t Sheffield . 



Name of Representative. 



Williara Tinker 



James Shead 



Walter B. Peck 



Lorrin P. Keyes 



Otis. 



W. Stockb'ge. 



Egremont. 



New Marlboro' 



COUNTY OF NORFOLK. 



1st, 

2d, 
3d, 

4th, 
5th, 
6th, 

7th, 
8th, 



\ Dedham . 
l Norwood 

Brookline 

Hyde Park 

\ Milton . 
I Canton . 

rQuincy . 
< Weymouth 
( Weymouth 

( Braintree 
[ Holbrook 

f Randolph 
J Stoughtou 
1 Sharon . 
[ Walpole . 

r Franklin 
Foxborough 
Wrentham 
Bellingham 

^ Medway . 



William J. Wallace 

Edward L Thomas 
Hobart M. Cable 

Horace E. Ware 

Edwin B. Pratt 
Nathan D. Canterbury 
Louis A. Cook 

Francis Gardner 



Jonathan Wales 
Newell S. Attwood 



Benj. F. Boyden, 2d, 
Wm. R. Tompkins . 



Norwood. 

Brookline. 
Hyde Park. 

Milton. 

Quincy. 

Weymouth. 

Weymouth. 

Holbrook. 



Randolph. 
Stoughton. 



Foxborough. 
Wrentham. 



336 



House of Representatives. 

COUNTY OF NORFOLK — CoxNCLUded. 



District. 


Town or Ward. 


Name of Representative. 


Residence. 


9th, 


f Needham . . "] 
, Dover . . . ! 
] Medfield. 
L Norfolk . 


Lyman K. Putney . 


Needham. 



COUNTY OF BRISTOL. 



1st, 
2d,. 
3d, 

4th, 

5th, 
6th, 
7th, 

8th, 
9th, 

10th, 



( Attleborough 
■< Norton . 
( Mansfield 

j Easton . 
\ Raynham 

( Taunton . 
I Berkley . 

SAcushnet 
Fairhaven 
Freetown 

( New Bedford, Wards 7 
I 1,2,3. . .\ 

( New Bedford, Wards ] 

} 4, 5, 6. . .; 



5 Westport 
i Dartmouth 



:} 



(Fall River, Wards j 
t 1,2, 3,4 . .| 

( Fall River, Wards 5, 
^ 6. . . . 
( Somerset 



f Seekonk . 
J Swanzey . 
j Rehoboth 
I^Dighton . 



1 



Edwin J. Horton 
Seth C. Shepard 

Hiram Williams 

John D. Reed . 
James M. Evans 
John H. Galligan 

Joseph Burt, Jr. 



James M. Lawton . 
Eben C. Milliken . 

William Sanders 
Thos. B. Hathaway . 

Henry A. Slocum 

Marcus Leonard 
Patrick M. McGlynn, 
James Langford 

James F. Davenport, 
Pardon McComber . 



Andrew N. Medbery, 



Attleborough. 
Mansfield. 



Easton. 

Taunton. 
Taunton. 
Taunton. 

Acushnet. 



New Bedford. 
New Bedford. 

New Bedford. 
New Bedford. 

Dartmouth. 

Fall River. 
Fall River. 
Fall River. 

Fall River. 
Fall River. 



Seekonk. 



House of Eepresentatiyes. 

COUNTY OF PLYMOUTH. 



337 



District. 



1st, 
2d, 

3d, 

4th, 
5th, 
6th, 

7th, 

8th, 

9th, 

10th, 

11th, 



( Hingham 
I HiiU 

( Cohasset . 
-| Scituate . 
( South Scituate 

rMarshfield 
J Pembroke 
I Hanson . 
[ Halifax . 

TDuxbury 
J Kingston 
j Plympton 
1_ Carver . . . 

Plymouth 

f Warehara 
j Rochester 
I Marion . 
[^ Mattapoisett . 

( Middleborough 
( Lakeville 

( Bridgewater . 
( East Bridgewater 

( Rockland 
( Hanover . 

( Brockton 

( West Bridgewater 

( Abington 

( South Abington 



Name of Representative. 



Arthur Lincoln 
Philander Bates 

James T. Drew 

Walter H. Faunce . 
Charles H. Rowland, 
Joseph R. Taber. 

James L. Jenney 
Joshua Dean . 

Floward A. Wheeler, 

Alfred C. Munroe . 
Albert Keith . 

Marcus M. Loud 



Hingham. 
Cohasset. 

Halifax. 

Kingston. 
Plymouth. 
Mattapoisett. 

Middleboro'. 

E.B'dgewatef. 

Rockland. 



Brockton. 
Brockton. 



Abington. 



COUNTY OF BARNSTABLE. 



1st, 
2d, 



Sandwich 
Falmouth 



( Barnstable 
\ Mashpee . 



James E. Gifford 
Clark Lincoln . 



Falmouth. 
Barnstable. 



43 



338 



House of Representatives. 

COUNTY OF BARNSTABLE — Concluded. 



District. 


Town. 


Name of Representative. 


Residence. 


3d, 

4th, 
5th, 
6th, 


5 Yarmouth . . > 
( Dennis . . . ) 

( Harwich . . . > 

( Chatham . . f 

f Brewster . . ^ 
j Orleans . . . ! 
1 Eastham . . [ 
L Wellfleet . . J 

5 Truro . . . ) 
I Provincetown . . f 


Charles F. Swift . 
Erastus Nickerson . 

Jesse H. Freeman . 

Joseph P. Johnson . 


Yarmouth. 
Chatham. 

Wellfleet. 

Provincetown. 



COUNTY OF DUKES. 



1st, 



f Chilmark 
I Edgartovvn 
{ Gay Head 
I Gosnold . 
[Tisbury . 



Stephen Flanders 



Chilmark. 



COUNTY OF NANTUCKET. 



1st, 



Nantucket 



Henry Paddack 



Nantucket. 



GEORGE A. HARDEN . 
DANIEL W. WALDRON 
O. F. MITCHELL . 



Clerk. 

Chaplain. 

Sergeant-at-Arms. 



JUDICIAL DEPARTMENT. 



SUPREME JUDICIAL COURT. 



CHIEF JUSTICE. 



HORACE GRAY 



of Boston. 



ASSOCIATE JUSTICES. 



JAMES D. COLT . 
SETH AMES . 
MARCUS MORTON . 
WILLIAM C. ENDICOTT 
OTIS P. LORD . 
AUGUSTUS L. SOULE . 



of Plltsfeld. 
of BrookUne. 
of A ndover. 
of Salem, 
of Salem, 
of Spring Md. 



SUPERIOR COURT. 

CHIEF JUSTICE. 

LINCOLN F. BRIGHAM ... 0/ Salem. 



ASSOCIATE JUSTICES. 



JULIUS ROCKWELL 
EZRA WILKINSON . 
JOHN P. PUTNAM . 
FRANCIS H. DEWEY 
ROBERT C. PITMAN 
JOHN W. BACON . 
WILLIAM ALLEN . 
P. EMORY ALDRICH 
WALDO COLBURN . 
WILLIAM S. GARDNER 



of Lenox, 
of Dedham. 
of Boston, 
of Worcester, 
of Newton, 
of Natlck. 
of Northampton, 
of Worcester, 
of Dedham. 
of Newton. 



340 



Judicial Ditartment. 



JUDGES OF PROBATE AND IlNSOLVENCY. 



JOHN W. McKIM, Boston . 
GEORGE F. CHOATE, Salem . 
GEORGE I\r BROOKS, Concord. 
Al)[\ THAYER, Worcester 
WH.LTA]\r (t. BASSETT, Easthampton 
WH.LIAM S. SHURTLEFF, Springfield 
CHESTER C. CONAN'I\ Greenfield . 
JAMES T. ROBINSON. North Adams 
(;E0R(;E white. Needham 
UILLIAM H. WOOD, ^Nliddlehorongh 
EDMUND H. BENNETT, Taunton . 
JOSEPH M. DAY, Barnstable . 
JOSEITI T PEASE, Edgartown . 
THADDEUS C. DEFRIEZ, Nantucket 



Suffolk. 

ESSF.X. 
Mn>DLESEX. 

Worcester. 

Hampshire. 

Hampden. 

Franklin. 

Berkshire. 

Norfolk. 

Plymouth. 

Bristol. 

Barnstable. 

Dukes. 

Nantucket. 



REGISTERS OF PJ{OBATE AIND INSOLVENCY. 



ELIJAH GEORGE, Boston . 
JEREMIAH T. MAHONEY, Salem 
JOSEPH H. TYLER, Winchester 
CHARLES E. STEVENS, Worcester 
Ll'KE LY:MAN, Northampton 
SAMUEL B. SPOONER, Springfield 
FRANCIS M. THOMPSON, Greenfield 
ANDREW J. WATERMAN, Pittsfield 
JONATHAN II. COBB, Dedham 
DANIEL E. DAMON, Plymouth. 
WILLIAM E. FULLER, Taunton 
CHARLES THACHER, 2d, Yarmouth 
HEBRON VINCENT, Edgartown 
SAMUEL SWAIN, Nantucket . 



Suffolk. 

Essex. 

Middlesex. 

Worcester. 

Hampshire. 

Hampden. 

Franklin. 

Berkshire. 

Norfolk. 

Plymouth. 

Bristol. 

Barnstable. 

Dukes. 

Nantucket. 



DISTRICT ATTORNEYS. 

OLIVER STEVENS, Boston 
WILLIAM H. STEVENS, Lowell 
EDGAR J SHERMAN. Lawrence 
ASA FRENCH, Braintree . 
ROSEA M. KNOWLTON, New Bedford 
HAMILTON B. STAPLES, Worcester 
NEHEMIAH A. LEONARD, Springfield 
DANIEL W. BOND, Northampton . 



Suffolk. 

Northern. 

Eastern. 

South-Eastern. 

Southern. 

Middle. 

Western. 

North-Western. 



Judicial Department. 



341 



SHERIFFS. 



JOHN" M. CLARK, Boston . 
HORATIO G. HERRICK, Lawrence . 
EBEN^ VV. FISKE, Walthani . 
AUGUSTUS B. R. SPRAGUE, Worcester 
HENRY A. LONGLEY, Northampton . 
HIRAM Q. SANDERSON, Springfield . 
GEORGE A. KIMBALL, Greenfield . 
GRAHAM A. ROOT, Pittsfield . 
RUFUS C. WOOD, Canton . 
ALPHEUS K. HARMON, Plymouth . 
ANDREW R. WRIGHT, Fall River . 
THOMAS HARRIS, Barnstable . 
FRANCIS C. SMITH, Edgartown. 
JOSIAH F. BARRETT, Nantucket 



Suffolk. 

Essex. 

Middlesex. 

wokcesteu. 

Hampshire. 

Hampden. 

Franklin. 

Berkshire. 

Norfolk. 

Plymouth. 

Bristol. 

Barnstable. 

Dukes. 

Nantucket. 



CLERKS OF COURTS. 

GEORGE W. NICHOLS, Boston, Clerk of the Supreme Judicial 
Court for the Commonwealth. 

JOHN NOBLE, Boston, Supreme Judicial Com't . Suffolk. 

JOSEPH A. WILLARD, Bost., Superior Ct., Civil T. ) o,,,,,,,, ^ 
' ' ^ V oui' folk. 

JOHN P. MANNING, Boston, Criminal Term . > 

ALFRED A. ABBOTT, Peabody .... Essex. 

THEODORE C. HURD, Cambridge . . . Middlesex. 

JOHN A. DANA, Worcester Worcester. 

WILLIAM P. STRICKLAND, Northampton . Hami-shire. 

ROBERT O. MORRIS, Springfield . . . Hampden. 

EDWARD E. LYMAN, Greenfield . . . Franklin. 

HENRI' W. TAFT, Pittsfield .... Berkshire. 

ERASTUS WORTHINGTON, Dedham . . . Norfolk. 

WILLIAM H. WHITMAN, Plymouth . . . Plymouth. 

SIMEON BORDEN, Fall River .... Bristol. 

SMITH K. HOPKINS, Barnstable . . . Barnstable, 

SAMUEL KENISTON, Edgartown . . . Dukes. 

GEORGE W. JENKS, Nantucket .... Nantucket. 



342 



Members of Congress. 



MEMBERS OF THE FORTY-SIXTH COiNGRESS. 



[Congressional Districts establislied by Chap. 300, Acts of 1872, and Chap. 113, Acts of 

1876.] 



SENATORS. 



HEXRY L. DAWES 
GEORGE F. HOAR 



of P'Msfidd. 
of Worcester. 



REPRESEXTATIVES. 

District I.— WILLIAM W. CRAPO . 
IL — BE^^JAMIN^ W. HARRIS 
IIL — WALBRIDGE A. FIELD 
IV.— LEOPOLD MORSE 
v. — SELWrN Z.. BOWMAN 
VL — GEORGE B. LORING . 
VIL — WILLIAM A. RUSSELL 
VIIL— WILLIAM CLAFLIN . 
IX. — WILLIAM W. RICE . 
X. — AMASA NORCROSS . 
XL — GEORGE D. ROBINSON 



of New Bedford. 

of Eaxt Bridgewater. 

of Boston. 

of Boston. 

of Somerville. 

of Salem. 

of Lawrence. 

of Newton, 

of Worcester. 

of Fitchburg. 

of Chicopee. 



Commonto^altli of Massacbusdts. 



Secretary's Department, Boston, June 10, 1880. 

I certify that the Acts and Resolves contained in this 
volume are true copies of the originals, and that the ac- 
companying papers are transcripts of official records and 
returns in this Department. 

HENRY B. PEIRCE, 

Secretary of the Commonwealth. 



INDEX. 



44: 



INDEX. 



A. 

Page 

Abandoned and abused cbildren, concerninc; care of . . . . 181 
Abatement, pleas in, and motions to dismiss for defect of form in pro- 
cess, decision of justice upon, to be final .... 70 
Academy, Milton, trustees to be elected for three years ... 41 
Academy, Phillips, in Andover, trustees may hold additional real and 

personal estate 42 

Accounts of county officers, to be audited by the commissioners of 

savings banks 107 

Accounts of savings banks and institutions for savings, form of keep- 
ing and auditing, may be prescribed by the commissioners . 179 
Actions, limitation of, Avhen defendants are out of the state . . 64 
personal, concerning limitation of ...... 16 

at law, relating to exceptions in 76 

of tort, not to be brouglit in the supreme judical court nor re- 
moved thereto from superior court 31 

Actions, suits, and proceedings brought in a wrong county, transfer 

provided for 225 

Acts and resolves, general and special, to be published in the pam- 
phlet edition of the laws 142 

Address of the governor to the legislature 207 

Administrators, foreign, sale of personal property and collection of 

debts by 170 

Administrators, executors, trustees and guardians, bonds of , . 102 
Administrators, executors, trustees and guardians, removal of . . 134 
Agawam, town of, may borrow money to pay cost of bridge over Con- 
necticut River Ill 

Agawam River, dam and channel may be repaired and protected by 

selectmen of West Springfield, at expense of town . . 40 
Agawam, Springfield and Hampden County, apportionment between, 
of cost of constructing and maintaining bridge over Con- 
necticut River 188 

Aged and destitute clergymen. Fay fund transferred to society for 

the relief of 38 

Agricultural Society, Hoosac Valley, may receive state bounty . . 68 
Almshouse, state, at Tewksbury, allowances to . . . . 243, 246 
Alpha Delta Phi Fraternity in Williams College, the trustees of the 

chapter of, incorporated 41 



ii Index. 



Amendments to the constitution, proposed 263 

American Bell Telephone Company, may be incorporated under the 

general laws 74 

American Board of Commissioners for Foreign Missions, may hold 

additional estate 27 

American Linen Company, organization confirmed .... 27 
American Linen Manufacturing Company, charter revived, for con- 
veyance of real and personal estate 27 

American Unitarian Association, may transfer Fay fund to the so- 
ciety for the relief of aged and destitute clergymen . . 38 

Amesbury, town of, water supply for 185 

Amherst, town of, water supply for 127 

Amherst Water Company, incorporated 127 

Ancient burial grounds, preservation of 102 

Andover, town of, the trustees of Phillips Academy in, may hold ad- 
ditional real and personal estate 42 

Appeals, bonds not required upon, when bond has been given to dis- 
solve attachment 25 

Appeals from probate court, relating to 24 

Appeals and removals in civil actions from municipal, district or 

police courts, or trial justices, relating to .... 24 
Appeals in cases concei-ning assessment of highway and railroad 

damages, not to discontinued except by leave of court . 95 

Appbopbiations : 

Maintenance of Government, — 
Legislative, Executive, Secretary's, Treasurer's, Auditor's, At- 
torney-General's, Agricultural, Educational and Military 
departments, Tax Commissioner's bureau and Commission- 
ers 3 

Maintenance of Government, additional, — 
Supreme Judicial, Superior, Probate and Insolvency courts and 

District Attorneys, salaries 8 

Maintenance of Government, further additional, — 
Legislative, Executive, Agricultural and Military departments, 
State House, miscellaneous, incidental and contingent ex- 
penses 16 

for mileage and compensation of members of the legislature 

and compensation of officers 7 

for expenses of the various charitable and reformatory institu- 
tions, and for other purposes 31 

for sundry charitable expenses . 12 

for certain educational expenses < . 14 

for printing and binding public documents, etc. ... 26 

for expenses authorized in the year 1879 and previous years . 60 
for expenses authorized in the year 1880, and for other pur- 

I>oses 67, 130, 238 

for certain educational expenses 163 

for improvement and maintenance of the Troy and Greenfield 

Railroad and Hoosac Tunnel 194 

for rebuilding workshops at new state prison .... 242 



Index. 



Ill 



Arbitration and conciliation, industrial, relative to 

Arnold Arboretum, tbe, may be connected with tlie system of parks of 
the city of Boston 

Art school, state normal, land to be reserved for, upon the Back Bay 

in Boston 

rooms to be provided for, in Boston .... 

Ashburnham Savings Bank, corporation dissolved 

Assessment of highway and railroad land damages, concerning 

Assessments on real estate for betterments, in cities where act 
cepted 

Association, American Unitarian, Tnay transfer Fay fund . 

Boston Young Men's Christian, may hold additional estate 
Braintree Cemetery, organization and proceedings confirmed 
Hampden County Children's Aid, powers in Hampden County 
Lynn Workingmen's Aid, incorporated .... 
Maiden and Medford Pai-ochial Cemetery, incorporated 
Massachusetts Charitable Mechanic, may hold additional estate 
Massachusetts Teachers', allowance to . . . 
Waiters Benevolent, of the city of Boston, organization con 
firmed 

Associations, charitable and beneficiary, concerning . 

Associations, county teachers', relating to 

Athenaeum, Boston, proprietors of, may hold additional property 

Attachment and service in cases in equity 

Attleborough, town of, sessions of first district court of Bristol at 

Auditing accounts of county officers, concerning .... 



Page 
256 

97 

173 

255 

158 

95 

135 

38 

43 

48 

181 

144 

59 

184 

250 

79 
146 
62 
38 
36 
55 
107 



B. 

Back Bay lands, in Boston, lot to be reserved for use of state normal 

art school 173 

granted to Boston piiblic library 172 

Ballots at elections, printing and distributing of 61 

Banks, savings, not to pay dividends unless net income is one and one- 
half per cent of deposits 101 

copy of treasurer's bond to be filed with commissioners . . 109 

investments by ......... . 127 

additional trustees for, may be elected 1.36 

commissioners may prescribe form of keeping accounts of . 179 

Bank, Savings, Ashburnham, corporation dissolved .... 158 
East AVeymouth Five Cents, tianie changed to East Weymouth 

Savings Bank 65 

Jamaica Plain, corporation dissolved ...... 158 

.James Otis, in Barnstable, incorporated 123 

Baptist Church, in Quincy. the First, incorporated .... 68 

Barnstable, town of, .James Otis Savings Bank in, incorporated . . 123 

Barnstable County, fisiieries in, regulated 44 

Bass River, salmon and trout fishing in, may be regulated by towns of 

Dennis and Yarmouth 78 



iv Index. 

Page 

Bay State Iron Company, may reduce the par value of its shares . 11 
Bell Telephone Company, American, may be incorporated under the 

general laws .......... 74 

Belmont, town of, part annexed to city of Cambridge .... 155 

Beneficiary and charitable associations, concerning .... 146 

Benevolent Association, Waiters, of the city of Boston, organization 

confirmed 79 

Berkshire Water Company, incorporated 82 

Betterments, assessments for, in cities where act is accepted . . 135 

Bible, to be read daily in the public schools 126 

Binding out female prisoners from county prisons, provided for . . 101 

Births, registration of, concerning 35 

"Blue Books" of the years 1878 and 1879, to be purchased by the 

secretary of the Commonwealth 244 

"Bine Book" of the year 1879, to be reprinted 259 

Board of examiners, to notify secretary of the Commonwealth of elec- 
tion of county commissioners, etc. 94 

Boilers, steam, and portable engines, use regulated .... 74 

Bond, appellant may deposit money in court in lieu of filing . . 24 

Bonds of executors, administrators, trustees and guardians, relating to, 102 

of guardians under wills, relating to 35 

of treasurers of savings banks, copies of, to be filed with com- 
missioners of savings banks ....... 109 

Boston, city of, land upon Back Bay in, to be reserved for use of the 

state normal art school 173 

city of, sale of Commonwealth's flats in 225 

city of. sale of land in, for railroad and shipping terminal facil- 
ities 233 

city of, registration and elections in 175 

city of, smoking in the streets of, concerning .... 36 

city of, names of public ways in 46 

city of, licenses to billiard saloons, pawnbrokers, etc., to be 

signed by a majority of the police commissioners . . 57 
city of, licensing of conductors and drivers of horse cars in . 64 
city of, pensioning disabled members of fire department . . 68 
city of. Waiters Benevolent Association of, organization con- 
firmed 79 

city of, may construct highway and bridge over Charles River, 

and widen Warren Bridge 79 

city of, to keep Chelsea Bridge in repair upon payment of 

$25,000 by the city of Chelsea 105 

city of, Avater supply for 80 

city of, aldermen may take land for court house .... 84 
city of, may make ordinances relating to vehicles and loads . 91 
city of, system of parks of, the Arnold Arboretum may be con- 
nected with 97 

city of, trustees of city hospital in, incorporated .... 124 

city of, land granted for public library to, subject to conditions . 172 

Boston Harbor, lines established 114 



Index. v 

Page 
Boston and Albany Railroad Company, may purchase franchise and 
property of the Sijringfield and North-Eastern Railroad 

Company 122 

contracts between the Commonwealth and, to be enforced . 257 

provisions affecting 284 

Boston Athenteuni, proprietors of, may hold additional property. . 38 
Boston, Clinton, Fitchburg and New Bedford Railroad Company, 

mortgage to New England Trust Company, confirmed . 48 
Boston Episcopal Charitable Society, may hold additional real and per- 
sonal estate 39 

Boston and Lowell Railroad Corporation, provisions affecting . , 113 
Boston and Maine and Eastern Railroad Companies, may make with 

each other contracts for operating roads .... 157 
Boston, Wlnthrop and Point Shirley Railroad, time for location and 

construction extended 15 

Boston Young Men's Christian Association, may hold additional 

estate 43 

Boundary line established between Falmouth and Sandwich . . 78 
Braintree Cemetery Association, organization and proceedings con- 
firmed 48 

Brattleborough Branch Railroad, may be sold by the Vermont and 

Massachusetts Railroad Company 166 

Bridge over Charles River, city of Boston may construct highway and, 79 

Bridge, Chelsea, in relation to 105 

Bridge over Connecticut River between Agawam and Springfield, ap- 
portionment of cost of constructing and maintaining . . 188 
over Miller's River in Boston, Fitchburg Railroad Company may 

build 42 

Bridge, Warren, city of Boston may widen 79 

Bridges over Dean's and Hog Island Rivers in Essex, may be built . 39 
Bridgewater, town of, superior court may hold sessions by adjourn- 
ment at 39 

Bristol, first district court of, special justice at Attleborough may issue, 

under his own hand and seal, mittimuses, etc. ... 55 

Bristol County, fisheries in, regulated 44 

Bryan, Clark W., Company, name changed to Springfield Printing 

Company 36 

Building Company, the Real Estate and, charter extended ... 38 
Buildings, where five or more operatives are employed, fire escapes 

from 147 

Buildings, public, inspection of 130 

Buildings and lands, liens on, relating to 166 

Bureau of statistics on the subject of labor, to collect statistics con- 
cerning liquor selling and drunkenness, and report to the 

legislature 247 

to obtain information from neighboring states relative to system 

of laws regulating hours of labor 250 

to report to the legislature upon the practical working of the 

principles of industrial conciliation and arbitration . . 256 



VI 



Index. 



Page 
Bureau of statistics on the subject of labor, chief of, may be appointed 

supervisor of census of the United States .... 245 

Burial grounds, ancient, preservation of 102 

Burnham, L. 6., and others, may build road and bridges across Dean's 

and Hog Island Rivers in Essex 39 

Butter, to prevent deception in sales of 149 

Buzzard's Bay, ports on, pilots and port wardens of, concerning. . 93 



c. 

Cambridge, city of, water supply for 82, 122 

city of, part of town of Belmont annexed to ... . 155 
Cape Cod Ship Canal Company, charter amended ; new location to be 

filed 

Cape Cod Canal Company, incorporated; conditional charter 
Cars and passengers on railroads, penalty for throwing missiles at 
Cattle, contagious diseases among, allowance to commissioners . 
Cemetery Association, Braintree, organization and proceedings con- 
firmed 

Maiden and Medford Parochial, incorporated .... 

Census of the United States, the chief of the bureau of statistics on 

the subject of labor, may accept appointment of supervisor 

in this state 

"Cental," in the act 1880, 158, regulating the sale of wheat, etc., shall 
mean one hundred pounds 

Change of names 

Charitable and beneficiary associations, concerning 

Charitable Association, Massachusetts Mechanic, may hold additional 

real and personal estate i 

Charitable Society, Bostoii Episcopal, may hold additional real and 

personal estate 

Charity Club, Somerville, in relation to . 

Charles River, highway and bridge over, city of Boston may construct 
Chastity, morality and decency, offences against, concerning 
Chelsea Bridge to be kept in repair by Boston upon payment of $25,000 

by city of Chelsea 

Chelsea, city of, transportation of gunpowder through, regulated 
Children, abandoned and abused, concerning care of 
deserted, and foundlings, concerning . 
employed in public exhibitions, concerning, 
employment of, regulations concerning 
minor, protection of, by probate courts 
neglected and destitute, for better protection of 
of insane persons, support and maintenance of 
Children, Nickerson Home for, name established . 
Children's Aid Association, Hampden County, powers of 
Choate, Rufus, and others, may build road and bridges across Dean's 

and Hog Island Rivers in Essex 39 



189 

196 

71 

252 

48 
59 



245 

105 
304 
146 

184 

39 

254 

79 
64 

105 

195 

181 

96 

59 

93 

45 

46 

111 

47 

181 



Index. vii 

« Page 

Cities, concerning elections in 58 

assessments on real estate for betterments in, where act is ac- 
cepted 135 

police departments in, unclaimed property in possession of . 103 

police of, may be employed in towns 55 

Cities and towns, indebtedness of, limited and regulated ... 34 

may regulate erection of telegraph and telephone wires . . 56 

may appoint steamboat police officers 57 

may regulate fisheries 149 

may appoint probation officers 87 

City of Boston, smoking in the streets of, concerning .... 36 

names of public ways in 46 

licenses to pawnbrokers, junk dealers, etc., in, to be signed by 

a majority of the police commissioners 57 

licensing of conductors and drivers of horse cars in . . . 64 

pensioning disabled members of fire department of . . . 68 
may construct highway and bridge over Charles River, and 

widen Warren Bridge 79 

water supply for 80 

aldermen may take land for court house 84 

may make ordinances relating to vehicles and their loads . . 91 
system of parks of, the Arnold Arboretum may be connected 

with 97 

to keep Clielsea Bridge in repair 105 

trustees of city hospital in, incorporated 124 

public library of, land granted 172 

land upon Back Bay in, to be reserved for use of the state nor- 
mal art school 173 

registration and elections in 175 

sale of Commonwealth's flats in 225 

sale of laud in, for railroad and shipping terminal facilities . 233 

City of Cambridge, water supply for 82, 122 

part of town of Belmont annexed to 155 

City of Chelsea, transportation of gunpowder through, regulated . 195 
City of Fall River, American Linen Manufacturing Comjiany in, 

charter revived 27 

City of Gloucester, water supply for 153 

City of Haverhill, may establish a hospital 53 

City of Lowell, construction of public urinals in 70 

City of Lynn, may raise f nnds to complete water works ... 90 

City of Newburyport, water supply for 184 

City of Newton, may Issue additional water scrip 52 

City of Salem, charter amended 53 

City of ypringfield, water commissioners, relating to . . . . 33 

City of Taunton, may take land, and issue additional water scrip . 51 
City of Worcester, public park and reservoir in, time for taking land 

extended ........... 42 

Civil actions in district courts, etc., appeals from judgments in, in lieu 
of a bond or recognizance a sum of money may be depos- 
ited in court 24 

45 



viii Index. 

Page 
Civil government, list of national, state, district and county officers . 321 
Clergymen, aged and destitute, Fay fund to be transferred to society 

for relief of 38 

Clerks and assistant clerks of the senate and house of representatives, 

salaries established 227 

Clerks of courts to notify secretary of the Commonwealth of name 

and residence of assistant, etc 95 

to return to secretary of the Commonwealth names of corpora- 
tions dissolved by supreme judicial court .... 105 
Collectors of taxes in towns to be elected by ballot, and compensation 

fixed at annual meeting 43 

College, Harvard, overseers of, persons not inhabitants of state may 

be elected • . . . 46 

College, Williams, the trustees of the cliapter of the Alpha Delta 

Phi Frateiiiity in 41 

Commissioner, insurance, to examine books and papers of charitable 

and beneficiary associations 147 

Commissioners, on contagious diseases among cattle, allowance to . 252 
of prisons, extra copies of report of, for the year 1879, to be 

printed 243 

railroad, to investigate and report concerning freight draw-bars 

and couplings 251 

Commissioners of savings banks, to examine accounts of county offi- 
cers ............ 108 

to keep record of bonds of treasurers of banks, and require new 

bonds when necessary 109 

may prescribe form of keeping and auditing accounts of savings 

banks 179 

Commissioners of state aid, to examine claims of members and fami- 
lies of deceased members of the Eleventh and Twelfth Regi- 
ments Massachusetts Volunteers 261, 262 

Commitments, to reformatory prison for women, not to be made for a 

less time than one year 73 

to state prison and reformatory prison for women, and removal 

' of prisoners 77 

Commitment and transfer of lunatics, concerning . . .' . 222 
Commonwealth, real estate may be purchased for use of . . . 258 
Commonwealth and the Boston and Albany Railroad Corporation, 

contracts between, to be enforced 257 

Commonwealth's Flats at South Boston, to facilitate sale and use of . 225 
sale of, to New York and New England Railroad . . . 2.33 
Compensation of messengers, doorkeepers and pages of senate and 

house of representatives 164 

Conductors, drivers and despatchers of horse cars in Boston, licensing 

of 64 

Congress, list of members 342 

Connecticut River, bridge over, between Agawam and Springfield, ap- 
portionment of cost of constructing and maintaining . . 188 
Contagious diseases among cattle, allowance to commissioners on . 252 



Index. ix 

Page 

Constitution, amendments proposed 263 

Constitution, penalty for holding office in violation of . . . . 130 

Contract for state printing, construction of 260 

Convicts, not to be sentenced to the state prison for a less time than 

three years .... 19 

not to be sentenced to the reformatory prison for women for a 

less time than one year 73 

Convictions for violations of laws relative to the sale of intoxicating 

liquors 222 

Corporation established under the laws of the state, may become a 

public warehouseman 45 

Corporations dissolved by the supreme judicial court, returns of, to be 

made to the secretary of the Commonwealth . . . 105 

Cost of supporting prisoners in certain cases, payment provided for . 1U4 

Costs of commitment and removal of prisoners 77 

Cottage City, town of, incorporated ....... 21 

County, of Dukes County, leasing great ponds in; 1875, 115, § 1, re- 
pealed 59 

of Hampden, and Springfield and Agawam, apportionment be- 
tween, of cost of bridge over Connecticut River . . . 188 

of Middlesex, in favor of 261 

of Norfolk, report of examination of schools in . . . 251, 260 

of Suffolk, associate medical examiner may be appointed in . 43 

of Suffolk, land may be taken for court house for ... 84 
County officers, notice of election or appointment of, to be given to 
the secretary of the Commonwealth 



. 107 
62 
. 148 
. 249 
. 251 
en for, etc. . 84 



auditing accounts of 

County teachers' associations, relating to 
County treasuries, concerning payments from 

County taxes, granted 

Couplings and draw-bars, freight, concerning 

Court house for the county of Suffolk, land may be tal 

Court, first district, of Bristol, special justice at Attleborough, may 

issue under his own hand and seal, mittimuses, etc. . . 55 
fourth district, of Plymouth, sessions and adjournments at Mid- 

dleborough and Wareham 54 

second district, of Plymouth, salaries of justice and clerk in- 
creased 177 

Court, superior, actions of tort to be removed from, to supreme judicial 

coiut 31 

superior, may hold sessions by adjournment at Bridgewater . 39 
supreme judicial, actions of tort not to be brought in, or removed 

thereto from superior court 31 

supreme jiulicial, clerk to make return to secretary of the Com- 
monwealth of corporations dissolved by ... . 105 
Courts, supreme judicial and superior, actions, appeals, etc., not to be 

discontinued, except by leave of 95 

supreme judicial and superior, transfer of action, when brought 

in wrong coiintv 225 



X Index. 

Page 
Courts, municipal, disti'ict, etc., appeals from, a suui of money may 

be deposited in lieu of recognizance or bond ... 24 
municipal, district, etc., to bave jurisdiction of felonies com- 
mitted by juvenile offenders 132 

probate, in each county, to have original jurisdiction concurrent 
with supreme judicial court, relating to termination of 

trusts 109 

probate, relating to appeals from 24 

probate, jurisdiction of rights of husbands and wives, and for 

protection of minor children 45 

probate, may direct guardian of Insane person to apply income 

not requiied for ward, to support of children . . . Ill 
probate, to assign estate of hiasband or wife dying intestate and 

without issue 164 

probate, may license foreign executors to sell property . . 170 

probate, removal of executors, guardians, etc 134 

Cowpens, battle of, contribution to monument commemorative of . 2.59 
Cow's River, owners of meadow lands on, incorporated . . . 228 
Crane, Thomas, public library of Quincy, incorporated . . . 151 



bridges across 



and trout fish 



tate and with 



D. 

Damages for injuries caused by the use of intoxicating liquors, recov 
ery of 

Damages, land, assessment of highway ajul railroad 

Danvers lunatic hospital, allowance to trustees of. 
safeguards against fire at ... . 

Dean's River and Hog Island River in Essex, road and 

Debtors, insolvent, concerning estates of 

Decency, chastity and morality, offences against . 

Dennis and Yarmouth, towns of, may regulate salmon 
ery in Bass River 

Descent of real estate of husband and wife dying inte 
out issue 

Descent and distribution of real and personal property 

Deserted children and foundlings, concerning 

Destitute and neglected children, for better protection 

Disabled soldiers' employment bureau, allowance to 

Discrimination in charges for freight or passengers not to be made by 
Boston and Albany Railroad, in case of purchase of Spring- 
field and North-Eastern Railroad 

Distribution of insolvent estates of insane persons . . . . 

Distribution of real and personal property ....... 

District police force, appointment of 

District court of Bristol, first, special justice at Attleborough may 
issue under his hand and seal, mittimuses, etc. 
of Plymouth, second, salary of justice and clerk, increased 
of Plymouth, fourth, sessions and adjournments at Middlebor- 
ough and Wareham 



of 



231 
95 

2-,0 

257 
39 

203 
64 

78 

164 

170 

96 

46 

246 



123 
167 
170 
127 

55 
177 

54 



Index. 



XI 



Page 
District, police and municipal courts, and trial justices, to have juris- 
diction of felonies committed by juvenile offenders, etc. . 132 
Districts, fire, water scrip issued by towns for Indebtedness of, not to 

be considered as part of town debt 34 

Dock and Elevator Company, Hoosac Tunnel, concerning ... 79 

Documents, destroyed by fire, to be reprinted 244 

Documents, public, preparation, printing and distribution of . 140, 249 
Downer Landing, in Hingham, criminal jurisdiction at . . . 112 

Donelly John, allowance for state aid 245 

Draw-bars and couplings, freight, concerning ...... 251 

Drunkenness, punishment for 171, 205 

Drunkenness and liquor selling, statistics concerning, to be collected 

and reported to the legislature 247 

Dudley, town of, certain acts confirmed • • 166 

Dukes County, fisheries in, regulated 44 

leasing of great ponds in; 1875, 115, § 1, repealed ... 59 



E. 

East Cambridge Land Company, charter extended 

East Weymouth Five Cents Savings Bank, name changed to East Wey 

mouth Savings Bank 

Eastern and Boston and Maine Railroad Companies, may make con 

tracts with each other for operating roads ... 
Easthampton, National Button Company of, name changed 
Edgartovvn, town of, part of, incoi-porated as Cottage City . 
Education, board of, to report upon a plan for school supervision 
to lease rooms for the use of the state normal art school . 
Egress from manufacturing establishments, concerning 
Election of collectors of taxes in towns, to be made by ballot 
Election or appointment of certain county officers, notice to be given 

to the secretary of the Commonwealth 
Election of town officers in Slielburne ratified .... 
Elections, ballots at, printing and distributing of . 

Elections in cities, concerning 

Elections, laws relating to, to be published and distributed to citie 

and towns 

Elections and registration in the city of Boston, in relation to 
Elevator Compan3% Hoosac Tunnel Dock and, concerning . 
Eleventh Regiment Massachusetts Volunteers, claims of memljers to 

be investigated by commissioners on state aid 
Employment bureau, disabled soldiers', allowance to . 
Employment of children, regulations concerning .... 
Employment of police of cities, by cities and towns 
Engines, portable steam, and steam boilers, use regulated . 
Entertainments, public, religious societies exempted from obtaining 

license for 

Episcopal Charitable Society, Boston, may hold additional real and 

personal estate 



89 

65 

157 

38 

21 

252 

255 

174 

43 

94 

136 

61 

58 



2.50 

175 

79 

261 

246 

93 

55 

74 

135 

39 



xii Index. 

Page 

Equity service and attachment 36 

Essex, town of, may raise money to pay soldiers' bounties ... 16 

bridges in, over Dean's and Hog Island Rivers .... 39 
Estates of deceased persons whicli liave been rendered insolvent, 

judgments against 1S3 

Estates of insane persons, insolvent, equitable distribution of . . 167 

Estates of insolvent debtors, concerning 203 

Examiiuitions of the schools in Norfolk County, report of, to be 

printed 251, 260 

Examiner, medical, a^ociate, may be appointed in Suffolk County . 43 

Exceptions in actions at law, relating to 76 

Excise tax, imposed upon life insurance companies .... 177 

Executive department, compensation of certain employes fixed . . 193 

Executors, administrators, trustees and guardians, bonds of . . 102 

removal of 134 

Executors, foreign, sale of personal property and collection of debts by, 170 

Exhibitions, public, where children are employed, concerning licensing, 59 

Eye and Ear Infirmary, Massachusetts Charitable, allowance to . . 247 

F. 

Factories and public buildings, inspection of 130 

Fall River, American Linen Manufacturing Company in, charter re- 
vived for conveyance of real estate 27 

Fall River, Manufacturers Gas Light Company of, incorporated . . 110 
Falmouth and Sandwich, boundary line established between . . 78 
Felonies committed by juvenile offenders, jurisdiction of, etc. . . 132 
Female prisoners discharged from jails and houses of correction, al- 
lowance for assistance to 251 

Female prisoners in county prisons, may be bound out to be employed 

in domestic service 101 

Fire department of the city of Boston, pensioning disabled members of, 68 

Fire department in the town of Marblehead, five fire wards to be elected, 40 
Fire districts, water scrip issued by towns for indebtedness of, not to 

be considered part of town debt 34 

Fire escapes in manufacturing establishments 148 

First Baptist Churcla of Quincy, the, incoi-porated .... 68 
First district court of Bristol, special justice holding court at Attle- 

borough may, under his own hand, issue mittimuses, etc.. . 55 
Fishery, salmon and trout, in Bass River, may be regulated by towns 

of Dennis and Yarmouth . 78 

Fisliery, salmon, regulated 47 

Fishery, salmon trout, regulated 58 

Fisheries, may be controlled by selectmen and mayor and aldermen . 149 
Fishing in certain waters of Barnstable, Bristol, Dulvcs and Plymouth 

Counties, by fish pounds, etc., regulated .... 44 
Fitcliburg Railroad Company, may build bridge over Miller's River in 

Boston 42 

time extended for taking land 65 



Index. xiii 

Page 

Flats, Commonvvealtli's, at South Boston, to facilitate sale and use of, 225 

sale of, to New York and New England Railroad . . . 233 

Foreign executors, sale of personal property and collection of debts by, 170 

Foreign Missions, American Board of Commissiouers for, may hold 

additional real and personal estate 
Forfeiture of policies of life insurance, limited 
Form, standard, for insurance policies ..... 
Foundlings and deserted children, concerning 
Fourth district court of Plymouth, sessions and adjournments of 
Frauds in the sale of sewing thread, to prevent . 
Freight draw-bars and couplings, relating to . 
Frederickton Steamboat Company, name clianged 
Freight, transportation of 



27 

182 

12G 

96 

54 

76 

251 

15 

233 



G. 

Gardner, town of, trustees of the Severy School Fund in, election of, 40 
Gas, illuminating, to be tested at least twice a year, and gas meters 

to be sealed and stamped, under penalty .... 180 

assistant inspector of, to be appointed by the governor . . 180 
Gas Light Company, Manufacturers, of Fall River, incorporated ; may 
acquire property of Manufacturers Gas Company of Fall 

River 110 

General court, preparation and presentation of public and private 

business to ......... . 106 

list of members 323 

General Statutes of the Commonwealth to be consolidated and arranged, 254 

Gloucester, city of, water supply for 153 

port of, pilots and port wardens of 93 

Goldthwait's Brook, town of Peabody may make alterations and 

improvements in 91 

Governor, address of, to the legislature . . . . . . . 267 

special messages to legislature 289, 300 

Grain, sale regulated , . 105 

Greenfield, town of, taking land in, for a highway, etc., confirmed . 193 
Green Harbor Marsh in Marshfield, allowance for expenses of enfor- 
cing provisions of law concerning 253 

Green, Henry W., town of Stoneham may pay a soldier's bounty to . 140 
Guardian of a minor child, one of whose parents is unfit to have cus- 
tody, appointment of 46 

Guardians, under wills, bonds of, relating to 35 

non-resident, may obtain in this state the property of their non- 
resident wards 103 

trustees, executors and administrators, bonds of . . . 102 

removal of 134 

Guardians, foreign, sale of personal property and collection of debts 

'by 170 

Gunpowder, transportation of, through city of Chelsea regulated . 195 



xiv Index. 



H. 

Page 

Hale, Sarali W., deeds to Timothy Holland and others confirmed . 256 
Hampden County Children's Aid Association, powers of, in Hampden 

County 181 

Hampden County, Springfield and Agawam, apportionment between, 
of cost of constructing and maintaining bridge over Con- 
necticut River 188 

Harbor, Boston, line established 114 

Hai-vard College, overseers of, persons not inhabitants of state may be 

elected . . . . • 46 

Haverhill, city of, may establish a hospital 53 

Health department of the board of health, lunacy and charity, print- 
ing report of 253 

Highway and railroad land damages, assessment of .... 95 

Highways, obstructions by trees and bushes, concerning ... 44 

Hingham, town of, may sell real estate 15 

Downer Landing in, criminal jurisdiction at ... . 112 

Hog Island River, road and bridge across 39 

Holland, Timothy, and others, deeds from Sarah W. Hale to, confirmed, 256 

Hoosac Tunnel Dock and Elevator Company, concerning ... 79 
Hoosac Tunnel and Troy and Greenfield Railroad, taking of land in 

Greenfield for a highway confirmed 193 

appropriations for improvement and maintenance of . . . 194 

concerning tolls, etc 237 

Hoosac Valley Agricultural Society may receive state bounty . . 68 

Horse cars in Boston, licensing of conductors, etc 64 

Hospital, city, in the city of Boston, trustees incorporated . . . 124 

may be established in Haverhill 53 

Hospital, lunatic, at Danvers, allowance to trustees of. . . . 250 

safeguards against fire at 257 

Hospitals, state lunatic, price of board fixed 100 

Hours of labor in manufacturing establishments, regulated . . 144 
system of laws regulating, in neighboring states, information 

concerning, to be presented to legislature .... 250 

House of representatives, clerk and assistant clerk of, salaries . . 227 
Houses of correction, female prisoners in, may be bound out to be 

employed in domestic service 101 

Husband and wife, dying without issue, descent of real estate of . 164 

jurisdiction of rights of, by probate courts 45 



I. 

Ice Company, Jamaica Pond, in favor of 

Imprisonment in jails, etc., term to be shortened for good conduct 
Improvement Company, Somerville Wharf and, incorporated 
Indebtedness, municipal, regulated and limited .... 
Industrial conciliation and arbitration, relative to . . . 



260 

168 

99 

34 

256 



Index. 



XV 



Insane persons, commitment and transfer of .... 
children of, support and maintenance of ... . 
insolvent estates of, equitable distribution of, provided for 

Insolvent debtors, concerning estates of 

Insolvent estates of persons deceased, judgments against 

Insolvent estates of insane persons 

Insolvent insurance companies, receivers to deposit certain moneys 

with treasurer of the Commonwealth .... 
Inspection of factories and public buildings, relating to 

Inspection and sale of milk regulated 

Inspector of gas and gas meters, assistant, to be appointed by governor, 
Institute of Technology, Massachusetts, governor may issue arms and 

equipments to 

Institutions for savings. (See Savings banks.) 

Insurance commissioner to examine books and papers of charitable 

and beneficiary associations 

Insurance companies, insolvent, receivers to deposit certain moneys 

with treasurer of the Commonwealth .... 
Insurance companies, life, excise tax imposed upon ... 
forfeiture of policies, limited .....'. 
Insurance, fire and marine, the words "premium received," in 1874 

108, defined 

Insurance, life, by charitable and beneficiary associations . 

Insurance policies, standard form for 

Intoxicating liquor, any beverage containing more than three per cent, 
of alcohol, by volume, at sixty degrees Fahrenheit, shall be 

deemed to be 

Intoxicating liquorg, sale regulated 

sale of, convictions for violations of laws relating to . 
recovery of damages for injuries caused by the use of 
Investments which may be made by savings banks and institutions for 

savings 

Iron Company, Bay State, may reduce the par value of its shares 



Page 
222 
111 
1(57 
203 
183 
167 

28 
130 
160 
180 

247 



147 

28 
177 
182 



36 
146 
126 



191 
191 
222 
231 

127 
11 



Jackson, Annie, to receive annuity for five years 

Jails, female prisoners in, may be bound out to be employed in domes- 
tic service 

imprisonment in, term may be sliortened for good conduct 
persons confined in, may be requiied to labor . . . . 

Jamaica Plain Savings Bank, corporation dissolved . . . . 

Jamaica Pond Ice Company, in favor of 

James Otis Savings Bank, in Barnstable, incorporated . . . . 

Judgment against the estate of a deceased person which has been ren- 
dered insolvent 

Judicial department 

Jurisdiction over actions of tort, in reference to 

Justice of the peace and of the quorum, ofiice abolished 



248 

101 
168 
65 
158 
260 
123 

183 

339 

31 

90 



46 



xvi Index. 

Page 

Justice of the peace, Frank Morison, acts confirmed .... 242 

Justices of the peace, powers enlarged 90 

Juvenile offenders, concerning the trial of 132 

L. 

Labor, hours of, in manufacturing establishments, regulated . . 144 
system of laws regulating, in neighboring states, information 

concerning, to be presented to legislature .... 250 
Ladies' American Home Education Society and Temperance Union, ' 
name clianged to Nickerson Home for Children ... 47 
Land Company, East Cambridge, charter extended .... 89 
Land damages, highway and railroad, assessment of .... 95 
Land granted by the Commonwealth to city of Boston for a public li- 
brary, subject to conditions 172 

Land for lightliouse purposes, acquisition of title to, by the United 

States 133 

Land upon the Back Bay in Boston, to be reserved for the state nor- 
mal art school 173 

Land in Bostoir, may be purchased by New York and New England 

Railroad Company 233 

Lands in the state of Maine, in favor of certain settlers upon . . 258 

Lands, meadow, lying on Cow's River, owners of, incorporated . . 282 

lying on Miles River, owners of, incorporated .... 229 

Lands and buildings, liens on, relating to 166 

Laws, general, to be consolidated and arranged 254 

Laws, relating to public schools, to be published 248 

relating to elections, to be published 250 

regulating the liours of labor in neighboring states . . . 250 

Laws and resolves, to be published in the pamphlet edition . . 142 

Leasing of railroads, in relation to 157 

Lee, town of, water supply for 82 

Lee and Hudson Railroad Company, charter revived and time for lo- 
cation and construction extended ; subject to acceptance . 174 
Libraries, public, towns may maintain public reading rooms in con- 
nection with 72 

Library, public, in the city of Boston, land granted by the Common- 
wealth for; subject to conditions 172 

Library, public, Thomas Crane, in Quincy, incorporated . . . 151 

Library, state, allowance to 243 

additional accommodations to be provided for .... 251 
Licenses, for public entertainments, religious societies exempted from 

obtaining 135 

for sale of intoxicating liquors, shall specify the room or rooms 

in which such liquors shall be sold or kept .... 191 
for sale of intoxicating liquors, licensing board to be notified of 

conviction for violation of 222 

for sale of intoxcating liquors to be revoked, if judgment under 

1877, 297, remains unsatisfied for thirty days . . . 191 



Index. 



xvii 



Page 

Licenses, to keepers of pool and sippio tables 57 

for sale of milk 160 

to pawnbrokers, etc., in the city of Boston, to be signed by a 

majority of the police commissioners 57 

Licensing public exhibitions in which children are employed . . 59 
Licensing of conductors, drivers and despatchers of horse cars in the 

city of Boston 64 

Liens on buildings and lands, relating to 166 

Life insurance, by charitable and beneficiary associations . . . 146 

Life insurance companies, excise tax imposed upon .... 177 

forfeiture of policies limited 182 

Lighthouse purposes, land for, acquisition of title by the United 

States 133 

Limitation of actions, concerning 64 

Limitation of personal actions, concerning 16 

Linen Company, American, organization confirmed .... 27 
Linen Manufacturing Company, American, charter revived for con- 
veyance of real and personal estate 27 

Liquor selling and drunkenness, statistics concerning, to be collected 

and reported to the legislature 247 

Liquors, intoxicating, sale regulated 191 

convictions for violations of laws relating to sale of . . . 222 

recovery of damages caused by the use of 231 

Locations of railroads, concerning records of 20 

Locks and canals on Merrimack River, proprietors of, may hold and 

transfer property in New Hampshire 73 

Lowell, city of, construction of public urinals in 70 

Lumber district of Suffolk and vicinity, town of Quincy reinstated in, 37 

Lunatic hospital at Danvers, allowance to trustees of . . . . 250 

safeguards against fire at . 257 

Lunatic hosi^itals, state, price of board fixed 100 

Lunatics, commitment and transfer of 222 

Lynn, city of, may raise money to complete water works . . . 90 

Lynn and Boston Railroad Company, may issue bonds; sinking fund, 98 

Lynn Workingmen's Aid Association, incorporated .... 144 



M. 

Mackey, Philip, allowance for injuries received at the Hoosac Tunnel, 248 

Maine, state of, in favor of certain settlers upon lands in . . . 258 

Maintenance of children of insane persons Ill 

Maiden and Medfonl Parochial Cemetery Association, incorporated . 59 
Manufacturers Gas Light Company of Fall River, incorporated; may 

acquire property of the Manufacturers Gas Company . . 110 

Manufacturing establishments, hours of labor in, regulated . . 1J4 

to provide better means of egress from ..... 147 

Manufacturing Company, Sutton, proceedings confirmed ... 63 

Marblehead, town of, fire department in, five fire wards to be elected, 40 

Marlborough, town of, water supply for 136 



xviii Index. 

Page 
Marshall, N. C, and others, may build road and bridges across Dean's 

aTid Hog Island Eivers in Essex 39 

Martha's Vineyard, ports of, pilots and port wardens of ... 93 

Marshfield, Green Harbor Marsh in, concerning 253 

Massachusetts Central Kailroad, may cross the Lexington and Arling- 
ton Eailroad at grade, and change of location of road . . 113 
Massachusetts Charitable Mechanic Association, may hold additional 

real and personal estate 184 

Massachusetts Charitable Eye and Ear Infirmary, allowance to . . 247 
Massachusetts Institute of Technology, arms and equipments may be 

issued to, by the governor 247 

Massachusetts Teachers' Association, allowance to . ... 250 
Massachusetts Volunteers, Eleventh and Twelfth Regiments of, claims 
of members and children of deceased members of, to be in- 
vestigated by commissioners on state aid . . . 261, 262 

Mayo and Baker, allowance to John M. Stebbins, receiver of . . 252 

Meadow lands lying on Cow's River, owners of, incorporated . . 228 

Meadow lands lying on Miles River, owners of, incorporated . . 229 

Measures and weights, standard, to be furnished to towns . . . 180 
Mechanic Association, Massachusetts Charitable, may hold additional 

real and personal estate 184 

Medford, town of, may raise money to celebrate the two hundred and 

fiftieth anniversary of settlement 54 

Medford Parochial Cemetery Company, Maiden and, incorporated . 59 
Medford and Charlestown Railroad Company and Middlesex Railroad 

Company may unite 66 

Medical examiner, associate, in the county of Suffolk, may be ap- 
pointed by the governor 43 

Members of Congress, list of 342 

Merchandise, transportation of, concerning 233 

Merrimac Valley Steamboat Company, name established ... 15 
Merrimack River, proprietors of locks and canals on, may purchase 

and sell property in New Hampshire 73 

Messages of the governor to the legislature 289, 300 

Messenger and assistant messenger in executive department, salaries 

inci'eased 193 

Messengers, doorkeepers and pages' of the senate and house of repre- 
sentatives, compensation fixed 164 

Middleborough, town of, sessions of district court in . . . . 54 

town of, water supply for 94 

Middlesex County, in favor of 261 

Middlesex Railroad Company and the Medford and Charlestown Rail- 
road Company may unite 66 

Miles River Meadow Company, incorporated 229 

Militia, uniforms to be provided for 254 

Milk, inspection and sale of, regulated 160 

Miller's River in Boston, Fitchburg Railroad Company may build 

bridge over 42 

Milton Academy, trustees to be elected for three years .... 41 



Index. xix 

Page 
Missions, Foreign, American Board of Commissioners for, may hold 

additional estate 27 

Monument, commemorative of the battle of the Cowpens, contribu- 
tion to , 259 

Morality, chastity and decency, offences against 64 

Morison, Frank, acts done as justice of the peace confirmed . . 242 

Municipal indebtedness, regulated and limited 34 

Mystic Kiver Corporation may extend its band of pier wharf . . 97 

Names, change of 304 

Nantucket, Wannacomet Water Company in, incorporated ... 29 
National Button Company of Easthampton, name changed to Willis- 
ton and Knight Company SS 

National monument commemorative of the battle of the Cowpens, 

contribution to 259 

Navy of the United States, list of persons serving in, during the war, 

to be prepared by the adjutant-general 244 

Neglected and destitute children, for the better protection of . . 46 

Newburyport Water Company, incorporated 184 

New Bedford and Fairhaven Street Railway Company, may increase 

its capital stock 11 

New England Trust Company, mortgage confirmed to , . . . 48 
New Haven and Northampton Company, may extend its railroad under 

the general railroad laws 28 

New London Northern Railroad Company, may issue bonds and mort- 
gage property 89 

may relocate its road 113 

New York and New England Railroad Company, may hold stock in 

steamboat companies 20 

may buy land for terminal facilities for freight purposes . . 233 

Newton, city of, may issue additional water scrip 52 

Nickerson Home for Children, name established 47 

Normal school, state, at Framinghain, allowance to ... , 245 
Normal art school, state, land to be reserved for, upon the Back Bay in 

Boston ■ 173 

to be furnished with rooms in Boston 255 

Northampton, town of, may appropriate certain water courses for pur- 
poses of sewerage 158 

may renew portion of its water bonds 165 

Norfolk County, report of examination of schools in, to be printed, 251, 260 

Norton, Eugene L., allowance to widow of 259 

Notarial protests, concerning 11 

Notary public, protest to be prima facie evidence of facts stated tliere- 

in, and of notice given 11 



XX Index. 



O. 



Page 

44 

87 

64 

132 

130 



Obstructions of highways by trees and bushes, concerning . 

Officers, probation, may be appointed in cities and towns 

Offences against chastity, morality and decency, concerning 

Offenders, juvenile, concerning the trial of , 

Office, penalty for holding, in violation of the constitution and law 

Old Colony Railroad, provisions affecting, in connection with canal 

companies 189, 196 

Old South Parish of Reading, name confirmed and established . . 34 
Overseers of Harvard College, persons not inhabitants of state may be 

elected 46 

P. 

Pamphlet edition of the laws, to contain all the acts and resolves 

passed by the legislature 142 

Pardons issued 290 

Parish, Old South, of Reading, name confirmed and established . . 34 

Park, public, in South Abington 150 

Park, public, in Worcester 42 

Parks of the city of Boston, the Arnold Arboretum may be connected 

with the system of 97 

Payments from county treasuries, concerning 148 

Peabody, town of, may make alterations and improvements in Gold- 

thwait's Brook 91 

Pelham, town of, water supply for 139 

Personal actions, limitation of 15 

Personal property, descent and distribution of 170 

Peters, John, allowance to 246 

Petitions to the general court 106 

Phillips Academy, in Andover, trustees may hold additional real and 

personal estate 42 

Pilots and port wardens of ports of Gloucester and Rockport, and 

ports on Buzzard's Bay and island of Martha's Vineyard . 93 

Plantations of timber trees, concerning 71 

Pleas in abatement, decision of a justice to be final .... 76 
Plymouth, second district court of, salaries of justice and clerk in- 
creased 177 

Plymouth, fourth district court of, sessions and adjournments at Mid- 

dleborough and Wareham 54 

Plymouth County, fisheries in, regulated 44 

Police of a city, may act in another city or town upon requisition of 

the mayor and aldermen or selectmen 55 

Police departments of cities, sale of unclaimed property in posses- 
sion of 103 

Police, district, appointment of . 127 

Police officers, steamboat, may be appointed by cities and towns . . 57 

Policies of insiu-aiice, standard form for 126 



Index. xxi 

Page 

Policies of life insurance, forfeiture limited 182 

Ponds in Dukes County, leasing of-; 1875, 115, § 1, repealed . . 59 

Ponds used for domestic water supply to be protected .... 133 
Pool and sippio rooms and tables, provisions of chapter 88 of the 

General Statutes extended to 62 

Portable steam engines and boilers, use of, regulated .... 74 
"Premium received," in chapter 108, acts of 1874, words defined . 36 
Preparation and presentation to the general court of public and pri- 
vate business 106 

Preservation of ancient burial grounds 102 

Primary and reform schools, state, duties of trustees defined . . 159 

Primary school, state, extra copies of report to be printed . . . 244 

Printing Company, Springfield, name established 36 

Printing, preparation and distribution of public documents, concerning, 140 

Printing, state, construction of contract 260 

Prison, state, management and conduct of officials to be investigated 

by governor and council 261 

convicts not to be sentenced to, for a less time than tliree years, 19 

commitments to 77 

allowances for engine and boiler, rebuilding of workshops. 

etc 242, 246, 247, 253 

Prison for women, reformatory, in relation to commitments to . . 77 

convicts not to be sentenced for less than one year ... 73 

allowance for new building, etc 259 

Prisons, commissioners of, extra copies of report of, for the year 1879, 

to be printed 243 

Prisoners, cost of supporting, in certain cases 105 

removal of ........... 77 

in jails, term of imprisonment may be shortened for good 

conduct 168 

in jails, may be required to labor 65 

female, in county prisons, may be bound out to be employed in 

domestic service 101 

female, discharged from jails and houses of correction, allow- 
ance for assistance to 251 

Probate court, may direct guardian of insane person to apply income 

not required for ward, to support of children . . . Ill 

to assign estate of husband or wife dying intestate without issue, 164 

may license foreign executors to sell property in this state . . 170 

removal of guardians, executors and trustees .... 134 
to have original jurisdiction concurrent with supreme judicial 

court, concerning termination of trusts . . . .109 

appeals from 24 

jurisdiction of rights of husbands and wives, and for the pro- 
tection of minor children 45 

Probation officers, may be appointed in cities aiul towns ... 87 

Property, real and personal, descent and distribution of . . . 170 
Proprietors of locks and canals on Merrimack River, may purchase and 

transfer property in New Hampshire 73 



xxii Index. 

Page 
Protest, certified by a notary public, to be prima facie evidence of facts 

stated therein and of notice given 11 

Public documents, printing and distribution of ... . 140, 249 
Public entertainments, license for, religious societies exempted from 

obtaining 135 

Public exhibitions where children are employed, licensing ... 59 
Public improvements, assessments on real estate of portion of cost of, 

in cities where act is accepted 135 

Public schools, Bible to be read daily in 126 

laws relating to, to be jDublished 248 

children of, employed in exhibitions 59 

Public library of the city of Boston, land granted for, subject to con- 
ditions 172 

Public warehouseman, any corporation established under the laws of 

the state, may become 45 

Punishment for drunkenness, relating to 171, 205 

Q. 

Quincy, town of, reinstated in lumber district of Suffolk and vicinity. 37 

The First Baptist Church of Quincy, incorporated ... 68 

Trustees of the Thomas Crane Public Library in, incorporated . 151 
Wollaston Wharf and Dock Company may hold additional real 

estate in 37 

R. 

Kailroad commissioners, to investigate and report concerning freight 

draw-bars and couplings 251 

Railroad Corporations: 

Boston and Albanj"^ Railroad, may purchase franchise and prop- 
erty of the Springfield and North-Eastern Railroad Company; 
but no discrimination to be made in charges for freight or 
passengers 122 

Boston and Albany Railroad, contracts between Commonwealth 

and, to be enforced 257 

Boston, Clinton, Fitchburg and New Bedford Railroad Com- 
pany, mortgage to New England Trust Company confirmed, 48 

Boston and Lowell Railroad, provisions affecting . . . 113 

Boston and Maine Railroad, and Eastern, may make contracts 

with each other for operating roads 157 

Boston, Winthrop and Point Shirley Railroad, time for location 

and construction extended 15 

Fitchburg Railroad, may build bridge over Miller's River in Bos- 
ton 42 

Fitchburg Railroad, time extended for taking land ... 65 

Lee and Hudson Railroad, charter revived, and time for location 

and construction extended 174 

Lynn an