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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

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

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.

£^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.

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.

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.

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.

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

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.

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.

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.

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. &<•

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.

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.

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.

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.

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 '"'^''* .

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

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.

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.

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.

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-

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.

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.

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.

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.

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.

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.

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.

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

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.

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

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

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.

[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^.

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

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

40
40
39

39
30
39

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..

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

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

Educational interests to be cherished, 27

Elections ought to be free, 0

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

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

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

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

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

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

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

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

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

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.

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

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

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

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

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

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

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

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

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

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

GENEEAL STATUTES AND SPECIAL ACTS

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.

Worcester.

Norfolk.

Bristol.

Plymouth.

Hampden.

Berkshire.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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,

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

ligious societies.

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.

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.

1S80. — Chapters 23, 24.

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.

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-

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.

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 : —

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.

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.

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.

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.

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

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.

(^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.

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.

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.

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.

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

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.

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.

Chap.

1880. — Chapters 61, 62.

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

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.

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.

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.

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.

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

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

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.

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

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.

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

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.

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.

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.

1880. — Chapters 84, 85.

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

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. '

Chaj). 86

Salmon trout
not included in
provisions of
1876, 221.

Warden to
transmit ballots
to city clerk, by

1880. — Chapters 88, 89, 90.

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.

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.

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,

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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^

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.

1880. — Chapter 129.

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.

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.

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

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.

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.

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.

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

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.

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.

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.

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

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

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

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

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

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,

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.

Precinct lists
voters to be
posted.

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

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 ;

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

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

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

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 .

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

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

750

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

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

1,215

1,170
930

00
00

975
780

00
00

134,095

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

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

885

10,635 00

1,770

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

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

270

765

630

390 00

945

1,155

2,625

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.

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-

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.

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

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

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

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

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

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.

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.

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